2008-034 Engineering Services Continuing Contract_Wantman GroupRESOLUTION 2008-34
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
• NORTH PALM BEACH, FLORIDA, APPROVING A CONTINUING
CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH
WANTMAN GROUP, INC. AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with Section 287.055, Florida Statutes ("Consultants' Competitive
Negotiation Act") the Village issued a Request for Qualifications from qualified engineering
firms for a continuing contract to provide municipal engineering services to the Village on an as
needed basis; and
WHEREAS, Village Administration established an Evaluation Committee to consider the
qualification statements; and
WHEREAS, the Committee evaluated the qualification statements at a public meeting and created
a short list of four qualified firms to make formal presentations to the Village Council; and
WHEREAS, at the conclusion of such presentations, the Village Council ranked the four firms in
order of preference and directed Village Administration to commence competitive negotiations
with Wantman Group, Inc., the top ranked firm; and
• WHEREAS, the Village Council wishes to approve a Continuing Contract for Professional
Engineering Services with Wantman Group, Inc. and determines that approval of such contract is
in the best interests ofthe citizens and residents ofthe Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section I. The foregoing recitals are ratified as true and are incorporated herein.
Section 2. The Village Council hereby approves the Continuing Contract for Professional
Engineering Services with Wantman Group, Inc., a copy of which is attached hereto and
incorporated herein by reference, and authorizes and directs the Mayor and Village Clerk to
execute the Contract on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
~PASSED~'AND ADOPTED THIS 22nd DAY OF MAY. 2008.
(Village ,Seal) ~~/v
• ~ ~ ~ MAYOR
''~ATT,EST;
~~0~~~ . ~~~~
VILLAGE CLER
CONTINUING CONTRACT FOR PROFESSIONAL
ENGINEERING SERVICES
This Continuing Contract for Professional Engineering Services is made and
entered into by the Village of North Palm Beach, a Florida municipal corporation
("Village") and Wantman Group, Inc., a Florida corporation ("Engineer"), in response to
the Village's Request for Qualifications for such services.
WHEREAS, in accordance with Section 287.055, Florida Statutes ("Consultants'
Competitive Negotiation Act" or "CCNA"), the Village issued a Request for Qualifications
for Professional Engineering Services and solicited statements from qualified professional
engineering firms for a continuing contract to provide municipal engineering services on an
as needed basis; and
WHEREAS, the Village has selected Engineer to provide such professional
engineering services and desires to enter into a "continuing contract" within the purview of
the CCNA; and
WHEREAS, Engineer has considerable expertise and experience in this area and
wishes to provide professional engineering services to the Village in accordance with the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual representations and obligations
herein contained and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
Section 1. Recitals:
The foregoing recitals are ratified as true and incorporated herein.
Section 2. Representations by Engineer:
By executing this Contract, Engineer makes the followed express representations
to the Village:
A. Engineer is professionally qualified to act as the Village Engineer and
provide the professional services outlined in the Request for Qualifications
issued by the Village.
B. Engineer shall maintain all necessary licenses, permits or other
authorizations necessary to act as Village Engineer until the Engineer's
duties expressed herein have been fully satisfied.
C. Professional services performed by Engineer pursuant to this Contract shall
comply with all applicable laws, codes and regulations and shall be
conducted in a manner consistent with the level of care and skill ordinarily
Page 1 of 10
exercised by members of the profession currently practicing within the same
locality.
Section 3. Scope of Services:
A. Engineer shall provide professional engineering services to the Village on an
as needed basis.
B. During the term of this Contract, the professional services provided by
Engineer to the Village shall not include projects for which construction costs
exceed one million dollars ($1,000,000) or study activities when the fee for
such services exceeds fifty thousand dollars ($50,000) as required by the
CCNA.
C. This Contract is non-exclusive, and the Village specifically reserves the right
to seek the services of other engineers or consultants for any matter,
notwithstanding the fact that the project or task may fall within the scope of
services of this Contract.
Section 4. Insurance:
A. During the performance of professional services under this Contract,
Engineer shall secure and maintain, at its own expense, the following
insurance policies:
(1) Professional liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence or claim.
(2) Workers' compensation and employer's liability insurance for all
employees engaged in work pursuant to this Contract in accordance
with Florida law.
(3) Comprehensive general liability insurance with bodily injury limits of
not less than one million dollars ($1,000,000), combined single limit,
per occurrence and with property damage limits of not less than one
million dollars ($1,000,000) combined single limit, per occurrence.
(4). Comprehensive automobile liability insurance for all owned, non-
owned and hired automobiles and other vehicles used by Engineer
with a one million dollar ($1,000,000) combined single limit for bodily
injury and property damage liability per occurrence.
B. All liability insurance, with the exception of professional liability, shall
specifically provide that the Village is an additional named insured with
respect to the required coverages and the operations of Engineer pursuant
to this Contract.
Page 2 of 10
C. All of the policies of insurance required to be purchased and maintained
shall contain a provision or endorsement that coverage afforded shall not be
canceled, materially changed or renewal refused until at least thirty (30)
calendar days after written notice has been given to the Village by certified
mail.
D. All of Engineer's subcontractors and consultants shall be required to include
the Village and Engineer as additional insureds on their general liability
insurance policies.
E. Engineer shall not commence work under this Contract until all insurance
coverage required by this section has been obtained and certificates
evidencing same are filed with the Village.
Section 5. Personnel:
A. Engineer shall assign only qualified personnel to perform any of the
requested professional services.
B. At the time of execution of this Contract, the parties anticipate that the
following named key individuals will perform those functions indicated:
David Brobst, P.E. -Principal-in-Charge and Project Manager
Brian LaMotte, P.E. -Plan and Permit Reviews
Pasquale (Pat) Volpe, P.S.M. -Surveying/Plat Review
C. Should Engineer reassign any functions or duties to new or additional
individuals, Engineer shall provide the Village with written notice of any such
reassignment within ten (10) calendar days.
Section 6. Duties and Obligations of the Village:
The Village shall afford Engineer access to any project site as may be reasonably
necessary for Engineer to properly perform its services under this Contract and shall
provide Engineer with sufficient guidance and input to perform all services contemplated
by this Contract in a timely manner.
Section 7. Payments:
A. Village shall pay Engineer for services performed pursuant to this Contract in
accordance with the Fee Schedule attached hereto as Exhibit "A" and
incorporated herein by reference or as otherwise agreed to between the
Village and Engineer. Engineer shall not bill the Village for calls or
communications of a routine basis that relate solely to the status of pending
projects or matters.
Page 3 of 10
B. As a condition precedent for any payment due under this paragraph,
Engineer shall submit monthly, unless otherwise agreed to in writing by the
Village, an invoice to the Village requesting payment for services rendered
and expenses incurred.
(1) Each invoice shall bear the signature of Engineer, which signature
shall constitute Engineer's representation to the Village that the
services indicated in the invoice have been properly and timely
performed, that the expenses included in the invoice have been
reasonably incurred, and that all obligations of Engineer covered by
prior invoices have been paid in full (unless expressly indicated
otherwise).
(2) Engineer shall submit detailed time sheets for projects billed on a
time and material basis and a written summary of completion for
projects billed on a lump sum basis.
C. All submittals for payment of per diem and travel expenses by Engineer shall
comply with the provisions of Section 112.061, Florida Statutes, and all
applicable Village policies. The Village shall not pay, nor shall Engineer
incur, any per diem or travel expenses without the Village's prior written
approval.
Section 8. Indemnification:
A. Engineer shall indemnify and hold harmless the Village and its officers,
agents and employees, from all liabilities, damages, losses and costs,
including but not limited to reasonable attorney's fees (at the trial and
appellate levels) to the extent caused by the negligence, recklessness or
intentional conduct of Engineer, its consultants, subcontractors or other
persons employed or utilized by Engineer in the performance of services
pursuant to this Contract.
B. Nothing contained in this Contract shall create a contractual relationship with
or a cause of action in favor of a third party against either the Village or
Engineer, nor shall this Contract be construed as a wavier of sovereign
immunity beyond the limited waiver provided in section 768.28, Florida
Statutes.
Section 9. Independent Contractor:
Engineer is, and shall be, in the performance of services pursuant to this Contract,
an independent contractor and not an employee, agent or servant of the Village. All
persons engaged in any services performed pursuant to this Contract shall at all times,
and in all places, be subject to Engineer's sole discretion, supervision and control, and
Page 4 of 10
Engineer shall exercise sole control over the means and manner in which its employees,
consultants and subcontractors perform such services.
Section 10. Project Records:
A. All records reasonably related to the performance of professional services by
Engineer or Engineer's consultants or subcontractors, which are not in
possession of the Village, shall be made available to the Village or any state,
federal or other regulatory authority for inspection and copying upon written
request of the Village. Such records include, but are not limited to, all plans,
specifications, submittals, correspondences, minutes, memoranda, sound
recordings, video recording and computer files. These records include those
documents reflecting the time expended and expenses incurred by the
personnel of Engineer and its consultants or subcontractors in performing its
obligations pursuant to this Contract.
B. Engineer shall maintain and protect such records for no less than seven (7)
years after final completion of any project, or for any longer period of time as
may be required by applicable or sound engineering practice.
Section 11. Ownership of Instruments:
A. All instruments of professional services including, but not limited to,
documents, records, disks, original drawings, plans and specifications and
other information created or procured by Engineer for services performed
pursuant to this Contract shall become the property of the Village upon
completion of the work or project for which the instrument was utilized and
upon payment by the Village.
B. Engineer may maintain copies of all such instruments for its records,
provided, however, that any material, products or patent paid for by the
Village pursuant to this Contract shall be the property of the Village and shall
not be used by Engineer for profit without the prior written consent of the
Village.
C. The Village acknowledges that any re-use of instruments of professional
services by the Village, other than for the intended purpose without written
verification and adaptation by Engineer for such specific purpose, shall be at
the sole risk of the Village without recourse to Engineer.
Section 12. Term of Contract:
A. The term of this Contract shall be for three (3) years from the Effective Date.
The Village may, in its sole discretion, extend the term of this Contract for
two additional one (1) yearterms.
Page 5 of 10
B. Engineer may present a modification to its hourly rate schedule to the Village
during the Village's preparation of its budget for any fiscal year. The Village,
in its sole discretion, may approve or reject any such modification.
Section 13. Termination of Contract:
A. Engineer's Termination for Default: Engineer may, on thirty (30) days'
written notice to the Village, terminate this Contract in the event the Village
fails to substantially perform its obligations hereunder and fails to cure such
default, if curable, within fifteen (15) days after receiving written notice of
such default. Upon such termination, the Village shall pay Engineer for all
services performed up to and including the date of termination. Engineer
shall not, however, be entitled to any damages from such termination
including, but not limited to, loss of anticipated profits.
B. Village's Termination for Default. The Village may, on thirty (30) days'
written notice to Engineer, terminate this Contract without prejudice to any
other remedy it may have, when Engineer fails to substantially pertorm its
obligations hereunder and failures to cure such default, if curable, within
fifteen (15) days after receiving written notice of such default. Upon such
termination, the Village may take possession of all materials, products,
documents and records necessary to complete pending projects in whatever
way it deems expedient. If the expense of completing the project exceeds
any unpaid balance due under this Contract to Engineer at the time of
termination, Engineer shall be responsible to the Village for the difference.
C. Village's Termination without Default. The Village may, on thirty (30) days'
written notice to Engineer, without cause and without prejudice to any other
right or remedy, elect to terminate this Contract. Upon such termination, the
Village shall pay Engineer for all work executed and expenses incurred in
accordance with the terms of this Contract up through the date of
termination.
Section 14. Successors and Assigns:
The Village and Engineer each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners,
successors, executors, administrators and assigns of such other party, in respect to all
covenants of this Contract. Neither the Village nor Engineer shall assign, sublet, convey
or transfer its interest in this Contract without the written consent of the other.
Section 15. Governing Law, Venue and Remedies:
A. This Contract shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce this Contract will be held in Palm Beach
County.
Page 6 of 10
B. No remedy herein conferred upon any party is intended to be exclusive of
any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
Section 16. Access and Audits:
Engineer shall maintain adequate records to justify all charges, expenses, and
costs incurred in estimating and performing services pursuant to this Contract for at least
three (3) years after termination of this Contract. The Village shall have access to such
books, records, and documents as required in this section for the purpose of inspection or
audit during normal business hours, at Engineer's place of business. In no circumstances
will Engineer be required to disclose any confidential or proprietary information regarding
its products and service costs.
Section 17. Federal and State Taxes:
The Village is exempt from federal tax and state sales tax and use taxes. Upon
request, the Village shall provide an exemption certificate to Engineer. Engineer is not
exempt from paying sales tax to its suppliers for materials used to fulfill its obligations
under this Contract, nor shall Engineer be authorized to use the Village's tax exemption
number in securing such materials.
Section 18. Enforcement Costs:
If any legal action or other proceeding is brought for the enforcement of this
Contract, or because of an alleged dispute, breach, default or misrepresentation in
connection with any provisions of this Contract, the successful or prevailing party or parties
shall be entitled to recover reasonable attorney's fees, court costs and all expenses
(including taxes) even if not taxable as court awarded costs (including, without limitation,
all such fees, costs and expenses incident to appeals), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may be entitled.
19. Severability:
If any term or provision of this Contract, or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
Contract, or the application of such terms or provisions, to persons or circumstances other
than those as to whom or which it is held invalid or unenforceable, shall not be affected,
and every other term and provision of this Contract shall be deemed valid and enforceable
to the extent permitted by law.
Page 7 of 10
Section 20. Notice:
All notices required in this Contract shall be sent by certified mail, return receipt
requested, and if sent to the Village shall be mailed to:
Village of North Palm Beach
Attn: Jimmy Knight, Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the Engineer shall be mailed to:
Wantman Group, Inc.
Attn: David Brobst
2035 Vista Parkway, Suite 100
West Palm Beach, FL 33411
The foregoing names and addresses may be changed if such change is provided in
writing to the other party.
Section 21. Entirety of Contract:
The Village and Engineer agree that this Contract sets forth the entire Contract
between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract may
be added to, modified, superseded or otherwise altered, except by written instrument
executed by the parties hereto.
Section 22. Terminology and Captions:
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and
include the person, entity, firm or corporation to which they relate as the context may
require. Wherever the context may require, the singular shall mean and include the plural
and the plural shall mean and include the singular. The term "Contract" as used herein, as
well as the terms "herein", "hereof', "hereunder", "hereinafter" and the like mean this
Contract in its entirety and all exhibits, amendments and addenda attached hereto and
made a part hereof. The captions and paragraph headings are for reference and
convenience only and do not enter into or become a part of the context of this Contract,
nor shall such headings affect the meaning or interpretation of this Contract.
Section 23. Waiver:
Failure of a party to enforce or exercise any of its right(s) under this Contract shall
not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time
thereafter.
Page 8 of 10
Section 24. Preparation:
This Contract shall not be construed more strongly against either party regardless
of who was more responsible for its preparation.
Section 25. Exhibits and Contract Documents:
Each exhibit and each document referenced in this Contract form an essential part
of this Contract. These exhibits and documents, even if not physically attached, should be
treated as part of this Contract and are incorporated herein by reference.
Section 26. Survivability:
Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or
earlier termination.
Section 27. Representations and Binding Authority:
The persons executing this Contract represent that they have the full power,
authority and legal right to execute and deliver this Contract and perform all of its
obligations under this Contract.
Section 28. Effective Date:
The Effective Date of this Contract shall be the date on which it is executed by the
last party to execute same.
[Remainder of page blank -signatures on next page]
Page 9 of 10
IN WITNESS WHEREOF, the Village and Engineer have made and executed this
Contract on the dates hereinafter written.
ENGINEER:
WANTM/AI GRO~UQP,/INC., Fl~orid~alcorporation
By: fl/~'~/iC(~ U//i9Y~6'~~ ~'
Print Name: ~~~d d~ .f5d-d
Title: S~,<t~Ov Via ~~Si~~°,J7~
Date: ~ ~9 08
VILLAGE:
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation
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By:, ° ~ ' ," pis `,~0~ ~il/~
:~'"Williarri'INanuel, Mayor
Atte§t? '~
>4~M,eiis~a~Teal, Village Clerk
Date: 07~~ O~
Approved as to Form and Legal Sufficiency:
By: ~~ ~
Leonard G. Rubin, Village Attorney
Page 10 of 10
WANTMAN GROUP, INC
VILLAGE OF NORTH PALM BEACH
FEE SCHEDULE
EFFECTIVE DATE -MAY 2008
Hourly Rate
Project Manager/Principal Engineer $170.00
Senior Professional Engineer $150.00
Professional Engineer $125.00
Staff Engineer $105.00
Field Representative $ 90.00
CADD/GTS Technician $ 90.00
Principal Surveyor $170.00
Professional Surveyor $125.00
2 Man Field Crew $125.00
3 Man Field Crew $135.00
GPS Field Crew $185.00
Administrative Assistant $ 60.00
Copies, Black & White (each) $ 0.25
Copies, Color (each) $ 0.50
Blackline Prints (24x36) $ 2.00
Other Expenses Cost Plus 10%
M:IProposalslMUN/C/PAL PROPOSALSI Village °fNor~h Palm BeucHlFee Schedule NPB 5-15-2008.doc
Oates: 05/28/08 Times: 09:15 AM To: 1561B617G69,,,111
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Page: 002-003
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ACORD
CERTIFICATE OF LIABI LITY INSURANCE
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PRODUCER THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION
Su ncoast Insurance Associates ONLY AND CONFERS NO RIG HTS UPON THE CERTFlCATE
Box 22866
P
O HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
.
. ALTER THE COVERAGE AFFORDED BV THE POUgES BELOW.
Tampa, FL 33622-2668
6132695200 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERa Phce01X InBDra pCe COmpany 2$623
Wantman Group, Inc. wsuRER B: Tmvelers Casuaky and Surety Co 19038
2035 Vista Parkway Suite 100 INSURER C: XL Specialty Insurance Company 37885
West Palm Beach, FL 33411.2719 INSURER D: Travelers Property Cas Co of America 25674
INSURER E:
COVERAGES
THE POLICIES OF INSU RP.NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NON/1THSTANDING
ANV REQUIREMENT, TERM OR CONDmON OF ANV CONTRACT OR OTHER DOCUMENT W ffH RESPECT TO WHICH THIS CERTIFICATE MAV eE ISSUED OR
MAV PERTAIN, THE IN BURANCE AFFORDED BV TIE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED 8V PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
LTR N8R TYPE OFINSURANCE POLICY NUMBER DATE MM 00 DATE M D DMT9
A GENERAL LIAOUTV 6606451 L122 10/1 Bf07 10/18/08 EACH OCCURRENCE $1000000
~( COMMERCIAL GENERAL LIA&LITY pq n~S Rawmi~D '$~DD OOD
CLAMS MADE OOCCUR MED E%P (Any meperemf $S OOO
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POLICY PRO-
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ANV PRWRI ETOR/PARTNEP
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SPECIAL PROVISIONS below E.L DISEASE-P000Y UMIT 81 GGO GOG
(,` OTHER professional DPR9606062 07/01(07 07/01(08 $1,000,000 per claim
Liability $2,000,000 annl eggr.
DESCRIPTION OF OPERATIONS / LOCATIONS / VENI0.ES /EX0.USIDN8 ADDED 8Y ENDORSEMENT /SPECIAL PROWa ONS
Professlonel Uability Is written on a claims made and reported basis.
Village of North Palm Beach
501 US Highway 1
North Palm 8eaeh, FL 33408
ACORD 25 (2001/08) i OT 2 #5185899M1160978
LO ANV OF THE ABOVE DESCRIBED P0.1CIE8 eE CANCELLED BEFORE THE E%PIgATION
THEREOF, THE 188UINGINSUPER WILL ENDEAVORTO MAIL ~D- DAYS WRITTEN
£TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EUT FAILURE TO DO S09HALL I
.E NO OBDGATON OR LIABILRV OF ANY KIND UPON THE INSURER, rt8 AGEMS OR
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I[.IR OACORD CORPORATION 188E
Date: OS/29/DB Time: 09:15 AM To: 15618817Gfi9,,,111
Page: 003-003
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not oonfer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not cronstitute a contrail between
the issuing insurer(s), authorized representative or producer, and the certrficate holder, nor does it
attirmativety or negatively amend, a#end or alter the coverage afforded by the policies listed thereon.
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