HomeMy WebLinkAboutSERVICE AGREEMENT/, RECEI': _iL1
FEB 2 2 2019 431 SE Dixie Highway
MA7HERS ENGINEERING Stuart, FL 34996
CORPORATION SERVICE AG 1SJ° ty Jhone:(772)287-0525
try un Permitting
Service Agreement No. I y Q I ENG
This agreement is made this it day of FR A&VO4 V_ 2019, by and between the
Provider of Services, or assignee, and the Client shown on this Service Agreement.
Provider of Services-
Mathers Engineering Corporation
2431 SE Dixie Highway
Stuart, Florida 34996
Client:
Miramar North H Condominium
9960 South Ocean Drive
Jensen Beach, Florida
This Service Agreement is subject to this firm's Standard Provisions attached to this Service
Agreement. The parties mutually agree to the following:
Project: Threshold Inspections for masonry/concrete work as part of the installation of the new
windows/doors for the recreation room for Miramar II Condominium located at 9960 South
Ocean Drive, Jensen Beach, Florida.
The following items are included in the Scope of Work:
• Onsite inspections by Mather Engineering. Inspections will be charged for the first hour at
$135/hr, and all additional hours at $95/hr.
• Threshold Inspection Reports for submittal to the building department ($250/per report).
NOT INCLUDED in the Scope of Work:
• Additional Re -inspection fee (as per hourly rates above for inspection) if contractor has failed
inspection with engineer.
• Building plans for additional repairs and specifications outside scope of work.
• Additional concrete repairs outside the scope of work beyond the specified above for the
concrete restoration.
• Contractor's Pay Application (ALA document) Office Review and Approval by Engineer is an
additional fee of $500.00 per contractor pay request approval.
• Review of change orders, board requested meetings, etc. are charged on a time and material
basis as per Rate Schedule B attached hereto.
• All permitting, impact, and other County / State Fees.
• Reimbursable expenses such as photocopies, prints and postage will be billed at cost to the
client.
• ADDITIONAL SERVICES:
Additional Services are those which are shown as not included as part of this contract and any other
items requested by the client which are also considered not a part of this contract. Payment for
Additional Services, when requested or required, shall be based on the hourly rate schedule attached to
this Service Agreement; or shall be based upon a mutually agreed upon fixed amount prior to
commencement of each additional service. Mathers Engineering Corp. agrees to process additional
service work in a timely manner. All invoices for additional services shall have a description of the
work.
SCANNED
BY
CLIENT INITIALS: <2 z St. Lucie County 1
IWO
2431 SE Dixie Highway
MATNERS ENGINEERING Stuart, FL 34996
CORPORATION Phone: (772) 287-0525
SERVICE AGREEMENT AMOUNT: $Time & Materials
PAYMENT TERMS TO THE PROVIDER OF SERVICES:
• Inspections to be billed on a time and material basis
And invoice to be billed weekly and paid with 10
days of receipt. (Rates as per Schedule B) $Time and Material Basis
To accept this proposal, please sign and initial where indicated. Please return the original Service
Agreement to our office along with a check for the retainer. This proposal is valid for 20 days.
(Provider f Services)
William J. Mathers, President
Mathers Engineering Corporation
CLIENT INITIALS:
Accepted by: Miramar lI Condominium
(Client)
Print Name: 'V a �t7 Ll Zia 1 A)
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MA771ERS ENGINEERING
CORPORATION
ATTACHMENT "B"
MATHERS ENGINEERING CORPORATION
RATE SCHEDULE —EFFECTIVE JANUARY 1 2019
PRINCIPAL
PROFESSIONAL ENGINEER
ENGINEER INSPECTOR --
ENGINEER I_ —
PROJECT MANAGEMENT --�
COMPUTER DESIGN & DRAFTING
ADMINISTRATION
2431 SE Dixie Highway
Stuart, FL $4996
Phone: (772) 28T-0525
$ 150/hr
$ 145/hr
$ 135/hr
$ 95/hr
$ 95/hr
$ 75/hr
$ 55/hr
TIME & MATERIAL POLICY
is as follows:
The Company Policy TIME
payment of Time and Material Engineering Work
All Invoices must be paid prior to:
(A) County or Agency Submittals,
(13) The release of Plans Signed or Unsigned,
(C) Final Certifications.
NOTES:
(1) Principal Time may be figured upon a percentage basis.
(2) Site Inspections are a Minimum of One (1) hour chargeable time;
Time includes travel to and from site.
(3) Subcontractor Costs will be Invoiced at direct cost plus 10% fee.
(4) Expert witness fees for above fields the hourly rate is doubled.
CLIENT INITIALS:
AMTHERSENGINEERING 2431 SE Dale Highway
CORPORATION Stuart, FL 34996
STANDARD PROVISIONS Phone: (772) 287-0525
1. DEFINITIONS
a• "Client" shall mean the person, owner,
identified on the face of this Service Agreement. firm, or corporation for whom the Services are to be performed,
b. Provider of Services" shall mean the Company named on the herein be (mown and called the Provider of Services". face of this Service Agreement and will
C. "Client Order" shall mean the
notification and addition or modifications thereto whereby order, request, Cl eo d, teon s its desire tten or that Provider Services finish services.
d• Provider of Services Pmposal" shall mean the letter, proposal, quotation or other notification
including any response to a Client Order, wherein Provider of Services offers to furnish services and to
which these Standard Provisions are attached
e. "Services" shall mean the services described in the Provider of Service's Proposal, Attachment "A", or
Client Order and any other services as may be added to or performed in connection with this contract
f. "Contract" shall mean this Service
Proposal, and shall include, only to thement extent noteinconsiisstent with any aasp nd the Provider of Services
Services Proposal and these Standard provisions, the provisions ofthe Client Ordeect of the Provider of
2. EQUIPMENT AND ACCESS TO SITE
Provider of Services will provide the specialized portable test
of Services which involve field testing. Client will Provide ProviderfSe�rvicess with red for accessrtto all facie Scope
involving field survey services and will make available for Provider of Services use such as maps, drawings, and
records as am needed for the proper conduct of the Services.
Construction supervision by the Provider of Services is deemed to be part of this contract at the option ofthe
Provider of Services. Non-compliance with this paragraph shall render the plans null and void. The
is given
by t Phase will commence with constructio at the site and will terminate when the final certification
is given by the Provider of Services.
3. BILLING
Unless specified otherwise in the Provider of Services Proposal, Provider of Services shall be compensated as
follows:
a. Unless otherwise stated in the Service Agreement portion of this contract the Time and Material rates
charged are those contained in Schedule `B". These rates may be increased during the term of this
contract within sixty (60) days of written notification by Provider of Services to the Client
In addition to payments provided for the services rendered, Client shall pay Provider of Services actual
costs of all reimbursable expenses including but not limited to, blueprinting, plotting, messenger fees,
mileage, Postage, including express mail fees, etc.. Reimbursable expenses are defined as out-of-pocket
expenses incurred by the Provider of Services in connection with the project for all basic and additional
services and supplies.
b. Provider of Services invoices are rendered monthly and are payable upon receipt unless modified by
Provisions in the Service Agreement signed by the Client and Provider of Services. Invoices past due
ten (10) days shall bear and incur interest at the rate of 1.5% per month from the billing due date. Client
shall notify Provider of Services in writing within 5 days of receipt of any disputed charges Both
parties will promptly resolve the disputed portion of the charges and the Client agrees to promDtly Day
the resolved amount ofthe disputed portion. Client shall be considered in default of this Agreement, if
CLIENT INTTLALS;fdaE J -
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MATHERS ENGINEERING
CORPOR47701V
2431 SE Dale Highway
Stuart, FL 3499ti
Phone: (772) 287-0525
C. Provider of Services does not receive payment in full for invoiced
date. Upon default, Engineer may suspend or termiservices with ten (10) days of invoice
nate services under this Agreement without
incurring any liability or suspension or termination.
d• The Client is the owner of the previously described property or warrants that he/she has obtained the
owner's written consent and agreement that any, and all further owners, of said property shall take title
Pursuant to the Standard Provisions of this Contract.
e. If any invoice or portion thereof remains unpaid more than sixty (60) days following invoice date the
Provider of Services may initiate legal Proceedings to collect same including all legal, employee, and
office expenses incurred_ In the event provider of Services liens the property and/or hires an attorney to
collect Provider of Services' fees, Client agrees to pay reasonable attomey's fees for collections, trial
and appeal, including, all costs and interest_ The venue of legal proceedings shall be Martin County,
Florida.
E The Client acknowledges and agrees that the payment for servi Provider of Services pursuant to ces rendered and expenses incurred by the
this agreement is not subject to any contingency unless the same is set
forth in the Service Agreement portion of this contract
RESPONSIBILITY FOR SERVICES
a Indemnification Client shall, to the fullest extent permitted by law, indemnify, defend and hold Mathers
Engineering Corporation and Mathers Engineering Corporation's officers, directors, professionals partners
and employees, and any of them (collectively for this entire Section as to "provider of ProfesServisionals,
harmless
against all claims, suits, fines and. penalties, including attorneys fees and costs of settlement and defense,
which such liabilities arise out of or are related to this Agreement or Servicesexcept to the extent that they
are caused solely by Provider of Services' negligent or willful misconduct.' Such compensation shall be
based upon Provider of Services, prevailing fee schedule and expense reimbursement policy. Limitation of
Liability: To THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY
THER PROVISION OF THE SERVICE AGREEMENT OR THESE STANDARD TERMS,AND
CONDITIONS, TBE TOTAL LIABILITY, IN THE AGGREGATE, OF PROVIDER OF SERVICES, TO
TITS CLIENT AND ANYONE CLAIMING BY OR THROUGH THE CLIENT, FOR ANY AND ALL
CLAIMS, LOSSES, COSTS AND EXPERT WITNESS FEES AND COSTS OF ANY NATURE
WHATSOEVER OR CLAIMS EXPENSES RESULTING FROM OR IN ANY WAY RELATED TO TIM
PROJECTOR THE SERVICE AGREEMENT FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED
THE HIGHER OF TIM f) TOTAL COMPENBATro1.r ttscerc�a sY prtovIDSA OF SERVICES
'UNDER TTBE SERVICE AGREEMENT OR (ii) THE TOTAL AMOUNT OF $3,000.00. IT IS INTENDED
THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION
HOWEVER ALLEGED OR ARISING, WHETHER CAUSED BY PROVIDER OF SERVICES'
BASED
NEGLIGENCEIN, INCLUDINGCONTRACTERRORS, OMISSIONS, FOR OTHER ACTS OR FOR ANY DAMAGE
, OR FOR ANY PROHIBITED BY LAWOTHER CAUSE OF ACTIONS, UNLESS OTHERWISE
, AND CLIENT SHALL INDEMNIFY AND HOLD PROVIDER OF SERVICES
HARMLESS FROM ANY SUCH DAMAGES OR LIABILITY.
b. In the course or performance of its Services, Provider of Servi
Client or Client's contractors or consulces may rely upon information supplied by
tants, or information available from generally accepted reputable
sources without independent verification.
c. The Client assumes all the responsibility for construction site safety, the Provider of Services shall not be
responsible for construction site safety.
d. No guarantee is expressed or implied for the action of government officials to provide the desired approvals.
1 4:::AW1V
MA7HERS ENGINEERING
CORPORA77ON
2431 SE Dbue Highway
Stuart, FL 3r
Phone: (772) 287-0525
e. '"the event litigation in any way related to the services performed hereunder is initiated against the provider
of Services by the Client, its contractors, or subcontractors, and such litigation concludes with the entry of a
final judgment favorable to the Provider of Services, the Client shall reimburse the Provider of Services for
all of its reasonable attorneys fees and other expenses related to said litigation. Such expense shall include,
but not direct
limited to, the cost, determined o the provider of Services' normal hourly billing rates, ofthe time
and direct expenses devoted to the defense of such litigation by Provider of Services employees_
f. If Client maintains all of builders risk or other physical damage insurance, whether direct or indirect,
including but not limited to boiler, machinery, fire, and outage insurance, or enters into a so-called `wrap-up"
insurance agreementClient agrees to waive all rights ofrecovery against Provider of Services with respect to
loss or damage which is covered
Services arising from loss of or damsue insurance coverage. Client also waives all liability provider of
Services againstg P P rty of Client, and further agrees to indemnify provider of
loss or d
maintained by Client d wb th r whether not uch loss oor not r rdamage r arnage 'a covered by sults or i alleged to insurance
inresult the fault or
negligence, including sole negligence, of Provider of Services.
g. Performance by Provider of Services of any quality assurance or vendor quality assurance services shall in no
way consutute an assumption by Provider of Services of any, or relieve a contractor, manufacturer or
supplier from full responsibility for delivery of all services, materials, equipment, and documentation in strict
accordance with the requirements of the contractor, manufacturer, or supplier/Client purchase contract.
h. Drawings and Specifications as instruments of service are and shall remain the property of the Provider of
Services whether or not the Project for which they are made is executed They are not to be used by the
owner on other projects Or extensions to this Project except by agreement in writing and with appropriate
compensation to the Provider of Services.
L Client agrees that the bylaws, or other governing documents, of the homeowners/condominium association
will require the association to perfomn, as recommended in their association documents and maintenance
result of these in
manuals all routine maintenance, inspections and other necessary repairs and maintenance called for as a
spections. The bylaws should also contain an
Provider of Services and the appropriate waiver and indemnity in favor of
contractor if the recommended maintenance services are not performed.
INSURANCE
a. During the course ofperformance of the Services, Provider of Services will maintain for the
arorectron ofPcovrtler oYsernees ana i6 employees. workers' Compensation and Employers'
Liability, and Comprehensive General Liability.
b_ If requested by Client, Provider of Services shall deliver to Client certificates of insurance completed
and will not be cancelled or materially changed until thirty (30) days after written notice is given to
client
DELAYS
Neither party shall be considered in default in the performan
tha
Period equal to any time lost as a result thereof. cc of its obligations under this Contract to the extent
t thcepmea ormance of such obligations is prevented or delayed by any cause beyond the reasonable control of
Party, and the time for performance of either party hereunder shall in such event be extended fo
the affer a
7 CHANGES AND TER--MIh7ATIONS
Client shall have the right to make changes within the general scope ofthe Services upon execution of a mutually
accepted change order. Client shall also have the right to terminate this Contract prior to completion of the
Services, after reasonable notice to Provider of Services in writing, in which event Client shall pay Provider of
Services all amounts due Provider urServices hereunder up to the effective date of termination, plus Provider of
Services' reasonable costs incurred after such date in terminating the Services.
CLIENT INITMLS: J ]
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MATHERS ENGINEERING
CORPORA77ON
2431 SE Dnde Highway
Stuart, FL 34998
Phone: (772) 287-0525
8• CERTIFICATE OF MERTI
The Client shall make no claim for professional negligence either directly or by way of a cross complaint against
the Provider of Services (Consultant) unless the Client has certification executed f independent cont currently Practicing in the same discipline as the Consultant
and licensed m the Stateto first provided the Consultant with a written
Of Florida This cersultantification shall: a) contain the name and license number ofthe
certifier, conPecifY sultant
performing
acts or omissions that the certifier contends are not in conformance with the standard of
care for a consultant performing professional services under similar circumstances and c) state in detail the basis
for the ided to the
opinion that such acts or omissions do not conform to the standard of care. This certificate shall
in provided to the Consultant not less than thirty (30) calendar days prior to the presentation of elaim or the
institution of any arbitration or judicial proceeding. This Certificate of Merit clause will take precedence over
arty exisnngstate law in force at the time ofthe claim or
9• SUSPENSION OF SERVICES demand for arbitration.
If the Project or the Consultant's services are suspended by the Client for more than thirty (30) calendar
days, consecutive or in the aggregate, over the term of this Agreement, the Consultant shall be compensated
for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension
In addition, upon resumption of services, the Client shall compensate the Consultant for expenses incurred
as a result of the suspension and resumption of its services, and the Consultants schedule and fees for the
remainder ofthe Project shall be equitably adjusted
If the Consultant y ervices are terminate �usspended for more than ninety (90) days, consecutive or in the aggregate,
the Consultant may
notice to the Client Agrcement upon giving not less than five (5) calendar days written
If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the
Consultant may suspend Performance of services upon five (5) calendar days, notice to the Client. The
Consultant shall have no liability to the Client, and the Client claim for any delay or
agrees to make no c
damage as a result of such suspension caused by any breach of this Agreement the Client Upon receipt
of payment in full of all outstanding stuns due from the Client, or curing of such other breach which caused
the Consultant to suspend services, the Consultant shall resume services and there shall be an equitable
adjustment to the remaining project schedule and fees as a result of the suspension.
10. DELAYS
The client agrees that the Consultant is not responsible for damages arising directly or indirectly from
any delays for causes beyond the Consultant's control. For purposes ofthis Agreement, such causes
include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural
disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in
timely manner, failure of performance by the Client or the Clients contractors or consultants; or
discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting
from any such causes increase the cost or time required by the Consultant to perform its services in an
orderly and efficient manner, the Consultant shall be entitled to a reasonable adjustment in schedule and
compensation.
11. CODE COMPLIANCE
-- The Provider of Services shall put forth reasonable professional efforts to comply with applicable laws, codes and
regulations in effect as ofthe date ofthe execution ofthis Agreement Design changes made necessary by newly
enacted laws, codes and regulations after this date shall entitle the Provider of Services (Consultant) to a
Provisions ofthis Agreement
reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services
MATHERS ENGINEERING
CORPORATION
2431 SE Dixie Highway
Stuart, FL 34996
Phone: (T72) 237-0525
12. PRECEDENCE AND DIVISIBILPTy
The provisions of the provider of Services proposal and these Standard provisions shall fully govern any Services
of furnished by provider of Services and shall prevail over and render void any inconsistent or conflicting provision
smite Client lhder ionIf o term, condition, or provision of this Contract is declared void or unenforceable, or is
limited its application a effect such event shall not affect any other. provision hereof and all other provisions
shall remain fully enforceable.
13. ENTIRE AGREEMENT
This contract contains the entire agreement between the parties as to the Services rendered
subject matter of this Contract are superseded by this ns, lati
hereunder. All
Previous or contemporaneous agreements tio
representawarranties, promises, and conditions reng to the
Contract.
14. C,OVE_ RNINGLAW
Unless otherwise provided, the substantive law of the State of Florida will govern the validity of
this Agreement e Service
Agreement,its interprr tation and performance, and remedies for contract breach or any other claims related to
15. ASSIGNS
The Client may not delegate, assign, sublet or transfer his, hers or its duties, obligations or interests in the Service
Agreement without written consent of Provider of Services.
CLIENT INITIALS: ,(�