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HomeMy Public PortalAboutMathews Consulting Agmt 09-2016 (Merger w/Baxter & Woodman, Inc.MATHEWS CONSULTING {{{U������-�L''''''��TING (% a BAXTEx1yw000MAN company August 2, 2016 Mr. William Thrasher, Town Manager TOWN OF GULF STREAM 100 Sea Road Gulf Stream, Florida 33483 Dear Mr. Thrasher. Town of Gulf Stream Szeneral E aineerina-Senku Mathews Consulting, Inc. is pleased to announce the acquisition and mergerof our fine with Baxter & Woodman, Inc. As Mathews Consulting, a Baxter & Woodman Company, we will continue to provide exceptional engineering services to the Town as follows: • Plan Review- to ensure compliance with the Town's ordinance requiring onsite retention of stormwater. • Drainage Issues - evaluation of any flooding problems within the Town and recommendation of solutions. • Water Distribution and Sanitary Sewers - design and/or reconstruction/rehabilitation services for issues relative to the Town's water distribution and sanitary sewer system. • Environmental Permitting/Regulatory Compliance - permitting services for new projects and the update of existing permits as needed in accordance with permitting rules of the Florida Department of Environmental Protection, Palm Beach County Health Department, South Florida Water Management District, and the United Stales Environmental Protection Agency. • Construction Management- provide shop drawing review and approval, cost estimating, project scheduling, bidding procurement, value engineering, contract clarification, construction inspection, job site meetings, change order negotiation, equipment testing/startup, and certification of construction. • General Consulting- available to answer questions or review correspondence, ordinances and regulations on an as needed basis. We will also be able to provide the following specialty disciplines on an as -needed basis by our new in-house staff: • Surveying • Electrical Engineering • Structural Engineering • GIS • Instrumentation & Controls 477 S Rosemary Ave. Suite 330, West Palm Beach, FL 33401 • 561.655.6175 MATHEWS CONSULTING a BAXTER&WOODMAN company We are available to provide the above services on an hourly fee basis in accordance with the attached fee schedule or on a negotiated lump sum fee basis. Our primary goal is to provide the Town of Gulf Stream with accurate and responsive engineering services to ensure the success of your projects. We look forward to a continued working relationship with the Town on many important and challenging projects. Sincerely, BAXTE & WOODMAN, INC. R e .. Mathews, P.E. Vice President ACCEPTED BY: FOR: TOW"d STR DATE: 7'/3-/� Notwithstanding the above, nothing in this agreement shall preclude the Town of Gulf Stream from issuing Requests for proposals or otherwise soliciting or contracting engineering services form other providers on an as needed basis. Either party may terminate this agreement in its sole discretion by providing the other party thirty (30) days written notice prior to the effective date. for Baxter 8 Woodman, Inc. Initial for the Town of Gulf Stream A copy of Section 119.0701, Florida Statutes, has been provided to contractor. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR"S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-276-5116, RTAYLOR@GULF—STREAN.ORG; TOWN OF GULF STREAM, TOWN CLERK, 100 SEA ROAD, GULF STREAM, FLORIDA 33483. Initial for BAxter & Woodman, Inc. Initial for the Town of Gulf Stream 477 S. Rosemary Ave. Suite 330, West Palm Beach, FL 33401 • 561.655.6175 MATHEWS CONSULTING a SA%TER&WOODMAN company 2016 Billable Rate Schedule Classification Hourly Rate Principal Engineer $165.00/hr Senior Engineer— Level 11 $150.00/hr Engineer— LevelI $112.00/hr Senior Construction Inspector(RPR) $110.00/hr Construction Inspector $90.00/hr Sr. Engineering Technician $110.00/hr CADD Designer $95.00/hr Clerical $68.00/hr ♦ Reimbursable Expenses — billed at direct costs ♦ SubconsultantCosts— billed with 10% markup 477 5 Rosemary Ave Suite 330. West Palm Beach. FL 33401 • 561.655.6175 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2016 v Go The 2016 Florida Statutes Title X Chapter 119 View Entire Chapter PUBLIC OFFICERS, EMPLOYEES, AND RECORDS PUBLIC RECORDS 119.0701 Contracts; public records; request for contractor records; civil action.— (1) DEFINITIONS.—For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). (b) "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. (2) CONTRACT REQUIREMENTS.—In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include: (a) The following statement, in substantially the following form, identifying the contact information of the public agency's custodian of public records in at least 14 -point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e•mafl address, and mailing address) . (b) A provision that requires the contractor to comply with public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. http://www.leg.state.fl.us/Statutes/index.cf n?App mode=Displa... 9/13/2016 statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 (3) REQUEST FOR RECORDS; NONCOMPLIANCE.— (a) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. (b) If a contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (c) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (4) CIVIL ACTION.— (a) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable casts of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. (b) A notice complies with subparagraph (a)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (c) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. History.—S. 1, ch. 2013.154; s. 1, ch. 2016-20. Copyright m 1995-2016 The Florida Legislature • Privacy Statement • Contact U http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Displa... 9/13/2016 Rita Taylor From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Tuesday, September 13, 2016 9:36 AM To: Rita Taylor Subject: Mathews Consulting Contract Attachments: 20160913094122434.pdf, 20160913093219859.pdf Rita, Attached is the Mathews Consulting agreement with the language required under Florida Statute 119.0701. With this addition, the agreement is ready to be signed. I have also attached a copy of Florida Statute 119.0701 which is required to be given to the contractor. JOHN C. RANDOLPH JONES FOSTER JOWNWO N&Stl (IPS. V% John C. Randolph Attomey Direct Dial: 561.650.0458 1 has: 561.650.5300 1 jrandolphRionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vlce-Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN. DONNA S. WHITE October 13, 2016 Mathews Consulting a Baxter & Woodman Company 477 S. Rosemary Ave. Suite 330 West Palm Beach, FL 33401 Dear Ms. Mathews: Telephone (561)276-5116 Fax (561)737-0188 Tawe Manager WILLIAM H. THRASHER Tann Clerk RITA L. TAYLOR Please find enclosed the FINAL fully executed copy of our agreement for you General Engineering Services. We have placed one in our files as well. If you have any questions, feel free to contact the undersigned. Very truly yours, 22 u f �- Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483