HomeMy Public PortalAboutScope of Services Agmt 2019�� W G L
M a r c h 7 , 2 0 1 9
G r e g D u n h a m , C i t y M a n a g e r
T o w n o f G u l f S t r e a m
1 0 0 S e a R o a d
G u l f S t r e a m , F L 3 3 4 8 3
G d u n h a m @ g u l f - s t r e a m . o r g
R e : H a r b o r v i e w E s t a t e s - G u l f S t r e a m , F l o r i d a
D e a r G r e g ,
W a n t m a n G r o u p , I n c . ( W G I ) i s p l e a s e d t o p r o v i d e t h i s p r o p o s a l t o T o w n o f G u l f S t r e a m ( C L I E N T ) f o r
p r o f e s s i o n a l s e r v i c e s o n t h e a b o v e r e f e r e n c e d p r o j e c t . O u r s c o p e o f s e r v i c e s a n d c o r r e s p o n d i n g f e e s
a r e d e t a i l e d b e l o w . I n a d d i t i o n , i t i s a g r e e d t h a t W G I ' s s e r v i c e s w i l l b e p e r f o r m e d p u r s u a n t t o W G I ' s
" A g r e e m e n t P r o v i s i o n s " w h i c h a r e e n c l o s e d a n d i n c o r p o r a t e d i n t o t h i s p r o p o s a l .
S C O P E O F S E R V I C E S
T A S K I - P e r f o r m a f i n a l r e v i e w o f t h e p r o p o s e d i m p r o v e m e n t s f o r t h e H a r b o r v i e w E s t a t e s
S u b d i v i s i o n l o c a t e d i n G u l f s t r e a m , F l o r i d a
F e e s - T i m e & E x p e n s e b a s e d o n t h e a t t a c h e d f e e s c h e d u l e , n o t t o e x c e e d $ 2 , 5 0 0 .
P R O P O S A L A C C E P T A N C E
W e a p p r e c i a t e t h e o p p o r t u n i t y t o b e o f s e r v i c e t o T o w n o f G u l f S t r e a m . U p o n a c c e p t a n c e o f t h i s p r o p o s a l ,
a l o n g w i t h t h e a t t a c h e d A g r e e m e n t P r o v i s i o n s a n d o u r c u r r e n t F e e S c h e d u l e , p l e a s e s i g n a n d r e t u r n a n
e x e c u t e d c o p y t o t h i s o f f i c e . P l e a s e n o t e t h a t t h e A g r e e m e n t P r o v i s i o n s a r e a n i n t e g r a l p a r t o f t h i s
c o n t r a c t , a r e h e r e b y i n c o r p o r a t e d b y r e f e r e n c e , a n d a r e c o n t r o l l i n g u n l e s s b o t h p a r t i e s e x p r e s s l y w a i v e
t h e m i n w r i t i n g p r i o r t o c o m m e n c e m e n t o f w o r k . B y e x e c u t i n g t h i s P r o p o s a l , C L I E N T e x p r e s s l y a g r e e s
t o b e b o u n d b y t h e A g r e e m e n t P r o v i s i o n s a n d t h e e n c l o s e d F e e S c h e d u l e . F u r t h e r , a n d w h e t h e r t h i s
p r o p o s a l i s e x e c u t e d o r n o t , t h e o r d e r i n g o f , a c c e p t a n c e o f , o r r e l i a n c e o n s e r v i c e s p e r f o r m e d b y W G I
c o n s t i t u t e s a c c e p t a n c e o f t h e a t t a c h e d A g r e e m e n t P r o v i s i o n s .
R e s p e c t f u l l y s u b m i t t e d ,
W G I
- 3 0
B r i a n J . L a M o t t e , P E
S e n i o r V i c e P r e s i d e n t , C h i e f M a r k e t i n g O f f i c e r
2 0 3 1 V i s t a P a r k w a y , W e s t P a l m B e a c h , F L 3 3 4 1 1 t : 5 6 1 . 6 8 7 . 2 2 2 0 f : 5 6 1 . 6 8 7 . 1 1 1 0 w w w . W G i n c . c o m
Town of Gulf Stream
March 7, 2019
Page 2 of 6
CLIENT'S CORPORATE ATTESTATION: If signing this Proposal on behalf of a corporate entity, I hereby
affirm that such entity is correctly identified above, and is legally valid, active, and duly licensed and
authorized to conduct business in the State of Florida. I also affirm that I am duly authorized and have
legal capacity to execute this Proposal and bind the corporate entity.
AUTHORIZATION FOR CREDIT CHECK: By signing this Proposal, I hereby authorize WGI to conduct
a credit check or obtain a credit report with respect to CLIENT (as identified in this Proposal) for purposes
of WGI providing services to CLIENT.
Corporate Representative:
GkE&OPy In ,DVA1iA (
Name (Printed)
This Prop al accepted this day of 2019
By
Name (SYif
ur
Town of Stream
Please provide the following billing information:
Name / Company Name
/00 ,-�F--A
Billing Address
&0LE -,::;MZ&Am EL 13
City State Zip
Gfz ---CT z) o N LLA na- - trezm • Oj -
Contact Name Imail Address
5-6l-a1-_� ��4 5-61-737-619f
Phone Number Fax Number
Enc.: Wantman Group, Inc. Agreement Provisions, Fee Schedule
® WGI...
WGInc
Town of Gulf Stream
March 7, 2019
Page 3 of 6
WANTMAN GROUP, INC.
AGREEMENT PROVISIONS
OCTOBER 2018
Performance: Wantman Group, Inc.'s ("WGI") services pursuant to this Agreement ("Services") will be
performed in a manner consistent with the degree of skill and care ordinarily exercised by members of the same
profession currently practicing under similar circumstances in the same geographic area. No other warranties,
expressed or implied, are made with respect to WGI's performance of Services. WGI is not a guarantor of the
Project for which its Services are directed, and its responsibility is limited to work performed for the CLIENT.
WGI is not responsible for acts or omissions of the CLIENT, nor third parties not under its direct control.
CLIENT'S acceptance of WGI's Services constitutes acceptance of these Terms and Conditions.
Billing/Payments: Invoices for WGI's Services and reimbursable expenses shall be submitted on a monthly
basis. Payment shall be due on the date each invoice is received and shall be deemed delinquent 30 calendar
days after issuance. Delinquent invoices shall accrue interest on the balance due at a rate of 18% per annum,
or the highest interest rate allowable by law. Outstanding invoices delinquent beyond 45 calendar days may,
at WGI's election, be deemed a notice to stop performance under this contract and WGI may, in that event,
suspend its Services until the invoice is paid, with no liability to WGI. CLIENT shall make payment in full at or
before delivery to CLIENT of any reports, plans, record drawing, or certifications prepared under this
Agreement. All attorneys' fees, court costs, and/or expenses associated with collection of past due invoices
will be paid by CLIENT, whether or not suit is filed. CLIENT'S failure to timely pay any WGI invoice within 45
calendar days of issuance shall constitute a waiver of any and all claims against WGI. Retainers shall be
credited on WGI's final invoice.
3. Fees: WGI's fees for its Services are set forth in WGI's Fee Schedule, which is attached as a separate exhibit
to this Agreement or has otherwise been provided to CLIENT. WGI's fees reflected in this Agreement exclude
testing, permit fees, reproduction costs, and any service not reflected in this Agreement. All fees for Services
are based on a one-time performance only. Additional Services and/or changes in service, whether field or
office, shall be performed only after authorization by CLIENT. Fees for changes and/or additional services are
not included in this Agreement and shall be invoiced at the hourly rates quoted on WGI's current Fee Schedule.
4. Reimbursable Expenses: Direct costs including, without limitation, prints, copies, long distance phone calls,
mileage, delivery service, etc., are not included in the above fees but shall be billed as Reimbursable Expenses
at the rates set forth in WGI's Fee Schedule.
5. Storage: Material samples not consumed in the performance of WGI's Services may be discarded 30 days
after submission of the test report unless CLIENT requests other disposition. After notification to CLIENT, WGI
may charge CLIENT for extended storage of materials, records, or equipment.
Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent
permitted by law, neither CLIENT nor WGI, their respective officers, directors, partners, employees, contractors,
or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect, or consequential
damages arising out of or connected in any way to the Project, WGI's Services, or this Agreement. This mutual
waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business,
loss of income, loss of reputation, and any other consequential damages that either party may have incurred
from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied
warranty. Both CLIENT and WGI shall require similar waivers of consequential damages protecting all the
entities or persons named herein in all contracts and subcontracts with others involved in this Project.
7. Hazardous Materials: WGI shall have no responsibility for the discovery, presence, handling, removal, or
disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not
limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. WGI's
Services expressly exclude any Services for CLIENT involving or related in any manner to hazardous
substances, and CLIENT shall defend, indemnify, and hold harmless WGI, its employees, officers, directors,
® WGI.
WGinc ,.
Town of Gulf Stream
March 7, 2019
Page 4 of 6
professionals, and subconsultants from and against any and all claims, damages, losses, and expenses
(including reasonable attorney's fees) arising out of, or in any way related to, the presence, discharge, release,
or escape or contaminants or hazardous substance of any kind, or environmental liability of any nature, in any
manner related to WGI's Services under this Agreement.
LIMITATION OF LIABILITY: To the fullest extent permitted by law, should WGI or any of its employees
(professional or otherwise) be found to have been negligent in the performance of the Services, or to have
made or breached any express or implied warranty, representation, or obligation under this Agreement,
CLIENT, all parties claiming through CLIENT, and all parties claiming to have in any way relied upon WGI's
Services or the representations of the employees and agents of WGI agree that the maximum aggregate
amount of the liability of WGI, its officers, employees, and agents shall be limited to $50,000.00 or the total
amount of the fee actually paid to WGI for its Services performed with respect to the Project, whichever is
greater.
In the event CLIENT is unwilling or unable to limit WGI's liability in accordance with the provisions set forth in
this subsection, CLIENT may, upon written request of CLIENT received within five days of CLIENT'S
acceptance hereof, increase the limit of WGI's liability to a maximum of $1,000,000.00 by agreeing to pay WGI
a sum equivalent to an additional amount of 10% of the total fee, or $10,000.00, whichever is greater, to be
charged for WGI's Services. In the event professional fees increase during the Project, CLIENT agrees to pay
an additional 10% of said increase for the aforementioned higher limits on professional liability. This charge is
not to be construed as being a charge for insurance of any type but is increased consideration for the greater
liability involved. In any event, attorney's fees expended by WGI in connection with any claim shall reduce the
amount available and only one such amount will apply to any Project.
If any of the above provisions of this paragraph is/are deemed invalid or unenforceable for any reason, WGI's
liability shall not exceed the available policy limits of any insurance policy providing coverage for WGI's Services
on the Project. The provisions of this paragraph shall inure to the benefit of WGI's agents, representatives,
consultants, officers, directors, and employees. WGI's agents, representatives, consultants, officers, directors,
and employees shall be considered third -party beneficiaries for the purposes of this paragraph. The provisions
of this paragraph shall survive the termination of this Agreement.
Events of Default: CLIENT shall be in default under this Agreement if (i) it fails to pay in full any invoice from
WGI on the due date or fails to make any other payment due to WGI under this Agreement, (ii) it fails to observe
or perform any other term, condition, or covenant under this Agreement, (iii) it breaches any warranty or
representation made under this Agreement, (iv) it dissolves, terminates, or liquidates its business, or its
business fails, or its legal existence is terminated or suspected, (v) it commences any voluntary or involuntary
bankruptcy, reorganization, insolvency receivership, or other similar proceeding is commenced by or against
CLIENT, or (vi) it becomes insolvent, makes an assignment for the benefit of creditors, or conveys substantially
all of its assets.
10. Ownership of Instruments of Service: All plans, data, reports, drawings, specifications, maps, surveys, ideas,
scripts, sketches, designs, CADD files, field data, notes, and other documents and instruments prepared by
WGI or its subconsultants, whether such work product is tangible or intangible ("Instruments of Service") shall
remain the sole and exclusive property of WGI until such time as CLIENT makes full and final payment to WGI
pursuant to the terms set forth in this Agreement, and until such time, CLIENT shall not use, deliver, solicit,
transmit, or otherwise employ the Instruments of Service, whether directly or indirectly, by any means or
manner. CLIENT understands that changes or modifications to the documents made by anyone other than
WGI may result in adverse consequences which WGI can neither predict nor control. Therefore, CLIENT
agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless WGI from and against
all claims, liabilities, losses, damages, and costs (including reasonable attorney's fees) arising out of, or in any
way connected with, the modification, misinterpretation, misuse, or reuse by CLIENT or others of the documents
provided by WGI under this Agreement.
®WGI.
WGInc
Town of Gulf Stream
March 7, 2019
Page 5 of 6
11. Electronic Files: Any electronic files provided are non -certified recordings of printed documents prepared by
WGI. These files are provided only for the convenience of CLIENT, or other Receiving Party, and are intended
solely for the exclusive use by that party for the purposes expressly authorized. In accordance with standard
industry practice, only printed copies of documents conveyed by WGI may be relied upon. Under no
circumstances shall these files be used for construction or staking. Any use of the information obtained or
derived from these electronic files will be at CLIENT'S, or other Receiving Party's, sole risk. Because data
stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization
of the data's creator, CLIENT, or other Receiving Party, agrees that it has thirty (30) days to perform acceptance
tests, after which it shall be deemed to have accepted the data thus transferred.
12. Successors and Assigns: CLIENT shall not assign, sublet, or transfer any rights under or interest in this
Agreement without the prior written consent of WGI. Except where specifically stated otherwise in this
Agreement, nothing herein shall be construed to give any rights or benefits hereunder to anyone other than
CLIENT or WGI.
13. Third Parties: Except as expressly provided herein, nothing in this Agreement shall confer any right, remedy,
or claim upon any person or entity not a signatory to this Agreement.
14. Corporate Protection: WGI's performance of Services under this Agreement shall not subject WGI's individual
employees, officers, or directors to any personal legal exposure for the risks associated with this Project.
Therefore, and notwithstanding anything to the contrary contained herein, CLIENT agrees that as CLIENT'S
sole and exclusive remedy, any claim, demand, or suit shall be directed and/or asserted only against WGI, and
not against any of WGI's employees, shareholders, officers, or directors.
15. Severability and Survival: If any term of this Agreement is to any extent held to be invalid or unenforceable,
then such term shall be excluded to the extent of such invalidity or unenforceability, and all other terms hereof
shall remain in full force and effect. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating responsibility or liability between CLIENT and WGI shall survive the
completion of WGI's Services hereunder and the termination of this Agreement.
16. Merger and Amendment: This Agreement constitutes the entire agreement between WGI and CLIENT, and
all negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both WGI and CLIENT.
17. Applicable Law and Venue: Unless otherwise specified, this Agreement shall be governed by the laws of the
State of Florida. Venue for all disputes between the Parties arising from or relating to this Agreement shall lie
exclusively in a court of competent jurisdiction in Palm Beach County, Florida.
18. PURSUANT TO FLORIDA STATUTES § 558.0035 (2013) AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE
® WGI.
WGlnc ,
Town of Gulf Stream
March 7, 2019
Page 6of6
WANTMAN GROUP, INC.
FEE SCHEDULE
EFFECTIVE DATE - JANUARY 1, 2018
Hourly Rate
ENGINEERING SERVICES
Executive Engineer
$275.00
Chief Engineer
$250.00
Senior Project Manager
$210.00
Principal Engineer
$230.00
Project Manager
$185.00
Senior Engineer
$170.00
Senior Project Engineer
$160.00
Project Engineer
$150.00
Senior Designer
$145.00
Engineer
$140.00
Senior Engineer Intern
$130.00
Engineer Intern
$100.00
Chief Designer
$165.00
Designer
$100.00
Field Engineer
$150.00
Field Inspector
$110.00
SURVEYING SERVICES
$135.00
Principal Surveyor
$250.00
Senior Project Manager
$200.00
Project Manager
$185.00
Senior Professional Surveyor
$170.00
Photogrammetrist
$150.00
Professional Surveyor
$140.00
Survey Intern
$100.00
Senior Survey Technician
$140.00
Survey Technician
$100.00
SUE Technician
$100.00
2 Person Field Survey Crew
$140.00
3 Person Field Survey Crew
$180.00
4 Person Field Survey Crew
$210.00
5 Person Field Survey Crew
$265.00
2 Person SUE Crew
$150.00
3 Person SUE Crew
$200.00
4 Person SUE Crew
$250.00
5 Person SUE Crew
$300.00
Chief Utility Coordinator
$210.00
Senior Utility Coordinator
$150.00
Utility Coordinator
$130.00
Laser Scan Crew
$250.00
Hydrographic/Bathymetric Crew
$325.00
Hourly Rate
PLANNING SERVICES
Principal Planner
$200.00
Senior Project Manager
$180.00
Project Manager
$150.00
Senior Planner
$130.00
Planner
$100.00
Entry Level Planner
$85.00
LANDSCAPE ARCHITECTURE SERVICES
Principal Landscape Architect
$200.00
Senior Project Manager
$180.00
Project Manager
$150.00
Senior Designer
$130.00
Designer
$100.00
Entry Level Designer
$85.00
ENVIRONMENTAL SERVICES
Principal Environmental Scientist
$200.00
Senior Environmental Scientist
$180.00
Project Manager
$135.00
Environmental Scientist
$120.00
Environmental Technician
$90.00
ARCHITECTURAL SERVICES
Project Manager
$185.00
Senior Architect
$260.00
Project Architect
$160.00
Architect
$145.00
Architect Intern
$100.00
OTHER PROFESSIONAL SERVICES
Expert Witness
$350.00
GIS Technician
$100.00
Administrative Assistant
$75.00
REIMBURSABLE EXPENSES
Copies, Black & White (each)
S 0.30
Copies, Color (each)
$ 1.00
Plots, Black & White (each)
$ 2.00
Plots, Color (each)
$15.00
Mylars (each)
$70.00
Foam Core Presentation Boards (each)
$ 7.50
All Third Party Expenses
Cost Plus
15%
Expenses: In addition to labor, WGI bills for the following project related costs at a contractually agreed markup: printing; conference calling charges; document
review, permit or recording fees paid on behalf of CLIENT; shipping; bid advertisement; specialty materials, software or equipment rental; sub -consultant fees; costs
of project related employee travel including meals, lodging, airfare and miscellaneous travel costs such as tolls, parking, etc.; mileage for all company-owned vehicles
(trucks) will be charged at $0.85/mile; employee owned vehicles used for transportation related to the Project will be charged at the prevailing federal mileage rate
allowed by the IRS at the time the travel occurs. WGI also bills for the cost of internal reproduction and the use of specialized equipment related to subsurface utility
vacuum excavation, mobile scanning (LIDAR), and hydrographic surveying.
WGI.
r : Y WGInc . ,