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Home My Public Portal AboutScope of Services Agmt 2015[WWGI May 27, 2015 ENGINEERING SURVEYING ENVIRONMENTAL PLANNING William Thrasher, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 bthrasher@gulf-stream.org RE: 3140 — 3180 Polo Drive Plat Review Wantman Group, Inc., (WGI) is pleased to provide this scope of services and fee proposal to Town of Gulf Stream for Services associated with the review of the above referenced plat. In addition, it is agreed that WGI's services will be performed pursuant to WGI's Agreement Provisions, which are enclosed herewith and are incorporated into this proposal. Scope of Services: TASK I — Hourly not to exceed $1,600 1. Review the plat titled, 3140-3180 Polo Drive for compliance with Florida Statutes Chapter 177. In order to review this plat please have the surveyor and property owner supply us a recent boundary survey and title commitment. All fees quoted in this agreement are applicable for one year from date of agreement. At that time, fees are reviewed and adjusted accordingly. Any hourly charges or reimbursable costs shall be subject to the current fee schedule in effect at the time services are performed. Upon acceptance of this proposal along with the attached "Agreement Provisions" and our current "Fee Schedule", please sign one copy and return to this office. Please note that the Agreements Provisions are an integral part of this contract and are controlling unless both parties expressly waive them in writing prior to commencement of work. Further, and whether this proposal is executed or not, the ordering of, acceptance of, or reliance on services performed by WGI constitutes acceptance of the attached Agreement Provisions. WANTMAN GROUP, INC. TOWN OF GULF STREAM x Signature and Date Brian J. LaMotte, Vice President Printed Name and Title 21 � Signature and Date William H. Thrasher, Town I1aRer Printed Name and Title Attachment: Wantman Group, Inc Contract Provisions and Fee Schedule ,1�3�i Vr F "� kviiav b� ,.5 Fa E -gat, FL 3-a1 t: o,)> 857 2,�,' f561 66'I 111:. wantmangroup Town of Gulf Stream May 27, 2015 Page 2 of 4 WANTMAN GROUP, INC. AGREEMENT PROVISIONS SEPTEMBER 2014 As used herein, WANTMAN shall refer to Wantman Group, Inc., as well as its agents, representatives, consultants, officers, directors, and employees. CLIENT shall refer to Town of Gulf Stream, as well as its agents, representatives, consultants, officers, directors, and employees. PERFORMANCE: This Project is to be performed in accordance with appropriate regulations and generally accepted standards/practices in effect at the time the services are rendered and, no warranties, express or implied are included in this Agreement. Services provided by WANTMAN under this Agreement will he performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same geographic area. These Agreement Provisions are part of all WANTMAN contracts unless both parties expressly waive them in writing prior to commencement of any work. Further, acceptance of services performed by WANTMAN constitutes acceptance of these Agreement Provisions. 2. INVOICES: Invoices for all services and reimbursable expenses shall be issued to CLIENT monthly reflecting services performed during the period. 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 WANTMAN's election, be deemed a notice to stop performance under this contract until such invoices are paid. Payment in full shall be made at or before delivery to CLIENT of any reports, plans, record drawings or certification prepared under this Agreement. All attorneys' fees, court costs and/or expenses associated with collection of past due invoices will be paid by CLIENT. Failure to timely pay any WANTMAN invoice shall constitute a waiver of any and all claims against WANTMAN. 3. REIMBURSABLES: 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. 4. LIMIT OF LIABILITY: Should WANTMAN or any of its employees (professional or otherwise) be found to have been negligent in the performance of the work, or to have made and breached any express or implied warranty, representation, or contract, CLIENT, all parties claiming through CLIENT and all parties claiming to have in any way relied upon WANTMAN's work or the representations of the employees and agents of WANTMAN agree that the maximum aggregate amount of the liability of WANTMAN, its officers, employees and agents shall be limited to $50,000.00 or the total amount of the fee paid to WANTMAN for its work performed with respect to the project, whichever is greater. If any of the above provisions of this paragraph is/are deemed invalid or unenforceable for any reason, WANTMAN's liability shall not exceed the policy limits of any insurance policy providing coverage for WANTMAN's work or services on the project. The provisions of this paragraph shall inure to the benefit of WANTMAN's agents, representatives, consultants, officers, directors, and employees. WANTMAN'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. PURSUANT TO FLORIDA STATUTES § 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE 5. ONE TIME PERFORMANCE: 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 the current fee schedule. ®WGI Town of Gulf Stream May 27, 2015 Page 3 of 4 6. EXCLUSIONS: The fees reflected in this Agreement do not include testing, permit fees, reproduction costs, and any service not reflected in this Agreement. 7. SUCCESSORS AND ASSIGNS: Neither CLIENT nor WANTMAN shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other. 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 WANTMAN. 8. LEGAL JURISDICTION: CLIENT and WANTMAN agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in West Palm Beach, Palm Beach County, Florida. 9. ELECTRONIC FILES: Any electronic files provided are non certified recordings of printed documents prepared by WANTMAN. 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 WANTMAN 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 30 days to perform acceptance tests, after which it shall be deemed to have accepted the data thus transferred. 10. EXTENSION OF PROTECTION: CLIENT agrees to extend any and all liability limitations and indemnifications provided by CLIENT to WANTMAN to those individuals and entities WANTMAN retains for performance of the services under this Agreement, including but not limited to WANTMAN's officers and employees and their heirs and assigns, as well as WANTMAN's sub -consultants and their officers, employees, heirs and assigns. 11. SEVERABILITY AND SURVIVAL: Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue 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 WANTMAN shall survive the completion of the services hereunder and the termination of this Agreement. 12. HOURLY BILLING RATES: All services to be billed on an hourly basis under this Agreement will be billed using WANTMAN's prevailing billing rate schedule at the time services are provided If a specific rate schedule is to be used for this Agreement, it shall expire no later than one year from the date of this Agreement and will be replaced with the prevailing rate schedule in effect at that time. 13. THIRD PARTIES: Except where specifically stated otherwise in this Agreement, nothing in this Agreement shall be construed as giving any person, firm, corporation or other entity other than the parties to this Agreement and their respective successors and permitted assigns, any right, remedy or claim under or in respect of this Agreement or any of its provisions. 14. DEFAULT: CLIENT shall be in default under this Agreement if (i) it fails to pay in full any invoice from WANTMAN on the due date or fails to make any other Payment due to WANTMAN 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) 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 coveys substantially all of its assets. 15. MERGER / AMENDMENT: This Agreement constitutes the entire agreement between WANTMAN and CLIENT with respect to its subject matter, and all negotiations and oral understandings between the parties are merged herein. This Agreement can he supplemented and/or amended only by a written document executed by both WANTMAN and CLIENT. Agreement Provisions Accepted by: ®WGI Town of Gulf Stream May 27, 2015 Page 4 of 4 WANTMAN GROUP, INC FEE SCIIEDULE EFFECTIVE DATE - JANUARY 1, 2015 Hourly Rate ENGINEERING SER110ES Principal Engineer $275.00 Project Manager $185.00 Senior Professional Engineer $170.00 Professional Engineer $150.00 Field Engineer $125.00 Engineer Intent $100.00 CADD Technician $100.00 SUR VEUNG SER IQCES Principal Surveyor $250.00 Senior Professional Surveyor $170.00 Professional Surveyor $150.00 Survey Intent $100.00 2 Man Field Crew $130.00 3 Man Field Crew $160.00 4 Man Field Crew $200.00 5 Man Field Crew $225.00 Utility Coordinator $130.00 Designating Crew $130.00 Vacuum Excavation Crew $210.00 Laser Scan Crew $250.00 Hydrographic/Bathymelric Crew $325.00 PLAMWNGSERVICES Principal Planner $215.00 Sr. Project Manager $150.00 Project Manager $125.00 Planner $100.00 Hourly Rate LANDSCAPE ARCHITECTURE SERVICES Principal Landscape Architect $200.00 Senior Project Manager $150.00 Project Manager $125.00 Designer $100.00 EN11IRON411ENTAL SERJ17CES Principal Environmental Scientist $250.00 Senior Environmental Scientist $150.00 Environmental Scientist $125.00 OTHER PROFESSIONAL SER [ICES Expert Witness $350.00 GIS Technician $100.00 Administrative Assistant $70.00 DIRECT MTENSES Blueprints (per sq. R) S 0.60 Full Color Plot (per sq. ft.) $ 15.00 Photo Mylars (each) $120.00 Mylars (per sq. It.) $ 6.00 Copies, Bleck & White (each) S 0.30 Copies, Color (each) $ 1.00 AN Third Party Expenses Cost Plus 15"% Expenses: In addition to labor, WANTMAN 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, airfareand 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. WANTMAN 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. Rates Are Valid Through December 31, 2015 Fe Se dule Acce�7�tteed /V�(/(/�� ®WGI Rita Taylor From: Bill Thrasher Sent: Wednesday, May 27, 2015 3:32 PM To: Rita Taylor Subject: FW: Gulf Stream Proposal Attachments: Town of Gulf Stream Proposal 052715.pdf From: Brian LaMotte[mailto:Brian.LaMotte@WantmanGroup.comj Sent: Wednesday, May 27, 2015 2:16 PM To: Bill Thrasher Cc: Derek Zeman Subject: FW: Gulf Stream Proposal Bill, Here you go. Thanks, Brian ® WG In I AtA 0 51101 -- Brian Brian LaMotte PE VP Chief Marketing Officer Brian.LaMotteL@WantmanGroup.com t.561.687.2220 f.561.687.1110 c.561.346.3239 From: Paula Miller Sent: Wednesday, May 27, 2015 2:14 PM To: Brian LaMotte Subject: Gulf Stream Proposal ®WGI.�Ri a Paula Miller Paula.Miller@WantmanGroup.com 2135 1'isla Parka'nc, N\'est Palm BeaehYL 33411 t.561.687.2220 f.561.687.11111 www.wantmangroup.com FAX Cover Sheet TO: Brian J. Lablotte Wantman Group, Inc. Phone: Fax Phone: 687-1110 Date: 5-27-15 Number of pages including cover sheet: 5 I FRUM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: 561-276-5116 Fax Phone: 561-737-0188 REMARKS: c As Requested c Urgent c FYI e For Your Revinv c Reply.ASAP Please find enclosed the fully executed contract. Paul Engle,(p'Brien, Suiter) is sending you a survey and title commitment itmiediately. Thanks for your usual prompt action. Originals to Follow by Mail: Yes CC: Fax Phone: \o Transmission Report Dace/Time 05-27-2015 03:58:53 p.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 This document: Confirmed (reduced sample and details below) Document size : 8.5"x11 " Fax FAXCoeerShect (Date: 5-27-15 (Number ofpages including cover shcet: 5 v: FROM: 7owm arGulf Stream 100 Sea Road Brian J. I&Iotte Gulf Stream, FL 33483 Wanes Group, Ino. Phone: Phone: 567-276-5116 Fax Phone: 687-1110 FBI Phone: 561 -737 -Olga e As Requesmdc Urgent a F17 o Far Your Rerien• o Reply ASAP Please find enclosed the fully executed contract. Paul Engle.(0'Br.Un, Suiter) is sending you a survey and title cmmltwnt imredlately. Thseks for your usual prompt action. (Originals to Follmr by Mail: Yea No CC: Fnx Phone: Total Paaes Scanned : 5 Total Pane&Conftrmed-s No. IJob Remote Station I Start Time Duration Pages I Line I Mode I Job Type I Results 001 1861 li Fax Server 03:50:44 p.m. 05-27-2015 00:03:17 5/5 11 JEC IHS I CP14400 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote WS: Waiting send MS: Mallboxsave MP: Mailbox print CP: Completed T5: Terminated by system RP: Report FA: Fall G3: Group 3 FF: Fax Forward TU: Terminated by user EC: Error Correct