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Adjustment Hearing Case Files_2727 S. Ocean Blvd._20180703_Petition No. 18-0296AGENDA ITEM 7A July 3, 2018 Regular Meeting TOWN OF HIGHLAND BEACH PERMIT 3616 South Ocean Boulevard Highland Beach, FL 33487 18- 0 2 9 6 Building Department Telephone (561) 278-4540IFax (56t) 278-2606 HIGH ANO BEACH NUMBER BUILDING DEPARTMENT APPLICATION FILING DEADLINE Complete applicrrtlo ns will be accepted no later than 4:00 p.m. fort}, five (45) days prior to the Planning Board meeting date when the application will be considered. The regular meeting date for the Planning Board is the 211d Wednesday of each month at 9:30 a.m. in the Town Commission Chambers. The exact dates of the meeting can be verified with the Deputy Town Clerk at (56l) 378-4548. If an application is deter -timed to be incomplete, revisions are not accomplished, and the application is not resubmitted by the deadline, the hearing of the application will be postponed until the nest regularly scheduled meeting of the Planning Board. DEVELOPMENT ORDER SUBINTITTAL CHECKLIST Submittal Requirement Dat e; siaff (Other r re uirements ma a 1 ,=see Chapter 30, Arti le lII; '} ec ivied; Development Order Application $200.00 Application Fee Affidavit of Authorized Agent (if applicant is not owner) Deed or other Proof of Ownership Attachment to Application Form Addressing Site Plan/Special Exception issues Architectural elevations, dimensioned site plan, landscaping plan, drainage study, exterior lighting details, location of walk and driveways, location of pools site walls, etc. Drainage Provisions t Landscape and Irrigation Plan Sealed and Signed Pians Sealed and Signed Survey (one year old maximum) Separate Application Required for Construction Trailers, Sales Trailers and or Storage Containers. (May be processed with Site Pian review as one application if re uested. 12 Complete sets of documents submitted for Board meeting Separate Application Required for Signs Site Lighting Plan Water Impact Study F Written Description of Site Plan/Special Exception Other Support Information (if applicable) June 13, 2018 Carol Holland Office Manager- Building Department Town of Highland Beach 3616 South Ocean Blvd Highland Beach, FL 33487 cholland@highlandbeach.us Re: Seawall Review for Town of Highland Beach 2727 South Ocean Blvd. Dear Carol, Wantman Group, Inc. (WGI) is pleased to provide this proposal to Town of Highland Beach (CLIENT) for professional services on the above-referenced project. Our scope of services and corresponding fees are detailed below. In addition, it is agreed that WGI’s services will be performed pursuant to WGI’s “Agreement Provisions,” which are enclosed and incorporated into this proposal. PROJECT UNDERSTANDING The Town of Highland Beach (Town) requires that a Structural Engineer in the State of Florida review any proposed seawall construction. The Villa Magna located at 2727 South Ocean Blvd. has submitted proposed replacement/construction of a 404 foot seawall and nine timber (finger pier) docks of varying width and length. The Town has requested that WGI review the construction drawings and calculations, on behalf of the Town. SCOPE OF SERVICES I. ENGINEERING SERVICES $3,500.00 WGI will review the drawings and other information submitted for a construction permit and provide review and comment as it relates to the seawall construction. This review is anticipated to include 1) the initial review with comments; 2) Response from the permitee; and 3) recommendations and conditions for the permit issuance. If resolution of the permit comments requires additional reviews, those reviews will be invoiced at an hourly rate. Boat lifts are excluded from our review. BASIS OF THIS PROPOSAL This proposal is based on the following: 1. WGI has excluded from the review conformance with other permitting agencies such as Coast Guard, Florida Department of Environmental Protection, US Army Corps of Engineers, SFWMD or similar agencies. 2. WGI shall be entitled to rely on the completeness and accuracy of all information provided by CLIENT. Information requested by WGI during the project will include, but may not be limited to, the proposed permit drawings; environmental assessments; geotechnical reports; and survey; 3. Additional submittals and coordination with permittee or any permitting agencies not due to WGI’s work will be invoiced on an hourly basis; 4. Services not included: Landscape Architecture, Architectural, Irrigation, Electrical, Title Search, Traffic, Environmental, and Geotechnical. Town of Highland Beach June 13, 2018 Page 2 of 11 INFORMATION REQUIRED The following additional information will be required to begin review services on this project: 1. PDF files of proposed site plans/ base maps; and 2. Calculations and Geotechnical Information. Any additional optional services requested by CLIENT will be provided in accordance with WGI’s hourly fee schedule in effect at the time of service, or a fixed fee to be negotiated once a scope of service is defined. We appreciate the opportunity to be of service to Town of Highland Beach. Upon acceptance of this proposal, along with the attached Agreement Provisions and our current Fee Schedule, please sign and return an executed copy to this office. Please note that the Agreement Provisions are an integral part of this contract, are hereby incorporated by reference, and are controlling unless both parties expressly waive them in writing prior to commencement of work. By executing this Proposal, CLIENT expressly agrees to be bound by the Agreement Provisions and the enclosed Fee Schedule. 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. Respectfully submitted, WGI Brian C. Rheault, PE 38797 Vice President Structural Solutions 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. Corporate Representative: ________________________________ Name (Printed) This Proposal accepted this ____ day of ________, 2017 By Name (Signature) Town of Highland Beach Town of Highland Beach June 13, 2018 Page 3 of 11 Please provide the following billing information: Name / Company Name Billing Address City State Zip Contact Name Email Address Phone Number Fax Number Enc.: Wantman Group, Inc. Agreement Provisions, Fee Schedule Town of Highland Beach June 13, 2018 Page 4 of 11 WANTMAN GROUP, INC. AGREEMENT PROVISIONS SEPTEMBER 2017 1. 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. 2. 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. Cost Estimates: Client hereby acknowledges that WGI cannot warrant that estimates of probable construction or operating costs provided by WGI will not vary from actual costs incurred by Client. 6. 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. 7. Indemnification: Client shall defend, indemnify, and hold harmless WGI, its employees, officers, directors, professionals, and subconsultants from and against any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the Services, except to the extent that any such claim, damage, loss, or expense is caused by the negligent act, omission, and/or strict liability of WGI. Town of Highland Beach June 13, 2018 Page 5 of 11 8. 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. 9. 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, 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. 10. 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 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. 11. Termination of Services: Except in situations involving default for non-payment by Client to WGI, in the event of any default arising under this Agreement, the defaulting party shall be entitled to receive written notice specifying the default and the actions to be taken to cure the default. The party receiving the notice Town of Highland Beach June 13, 2018 Page 6 of 11 of default shall have seven (7) business days from the date of receipt of the notice to cure the specified default. In the event that the party fails to cure the specified default, the adverse party may declare a breach of this Agreement and terminate this Agreement upon serving a written notice of termination. In the event of such termination, Client shall pay WGI in full for all Services rendered up to the time of termination. 12. 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. 13. Suspension of Services: If the Project is suspended for more than thirty (30) calendar days in the aggregate, WGI shall be compensated for Services performed and charges incurred prior to such suspension and, upon resumption of services, WGI shall be entitled to an equitable adjustment in fees to accommodate the resulting demobilization and re-mobilization costs. In addition, WGI shall be entitled to an equitable adjustment in the Project schedule based on the delay caused by the suspension. If the Project is suspended for more than ninety (90) calendar days in the aggregate, WGI may, at its option, terminate this Agreement upon giving notice in writing to Client. 14. 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. 15. 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. 16. SUE Technical Standards: Quality Level A information obtained by direct exposure of the existing utilities can greatly increase the level of confidence with respect to the location of underground utilities at a particular jobsite. Utility exposure (Quality Level A) permits three-dimensional measurements to be taken on utilities for accurate location at each test hole. The overall level of confidence with respect to the location of site utilities can be raised by increasing the number of test holes examined; however, WGI Town of Highland Beach June 13, 2018 Page 7 of 11 provides no guarantee of the location of utilities on the site other than at the locations where test holes have been established. Quality Level B services include the horizontal, above-ground detection, marking, and mapping of underground utilities. Geophysical prospecting methods are used to indicate the presence and surface position of buried utilities. Utilities are identified and marked in the field in order to be surveyed and mapped. Quality Level B information should not be used for construction purposes, or where exact horizontal and vertical measurements are required. The accuracy of Quality Level B designating information and depth of cover readings obtained by utilizing geophysical and ground penetrating radar equipment and techniques are subject to field and soil conditions beyond WGI’s control. WGI will make reasonable efforts to provide comprehensive and correct positional utility marks to the limits obtainable by the instrumentation used and the existing ground conditions; however, WGI provides no guarantee that all existing utilities on a particular site will be properly located using these methods. Utilizing WGI’s SUE services does not relieve any party from its obligation to contact the utility damage prevention system before digging begins. Utility marks placed on the ground by WGI are not to be used for construction purposes. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. Town of Highland Beach June 13, 2018 Page 8 of 11 23. Mediation: All disputes between the Parties arising out of or relating to this Agreement shall be submitted to non-binding mediation as a condition precedent to litigation, unless the Parties mutually agree otherwise in writing. 24. PURSUANT TO FLORIDA STATUTES § 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. THE FOLLOWING TERMS AND CONDITIONS SHALL ALSO APPLY FOR ALL PROJECTS INVOLVING CONSTRUCTION-RELATED SERVICES 25. Construction Administration: WGI’s responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Client of the final Certificate for Payment or sixty (60) days after the date of Substantial Completion of the Work. WGI shall provide administration of the Contract for Construction as set forth below and in the General Conditions of the Contract for Construction. 26. Construction Observation: WGI, as a representative of the Client, shall visit the site at intervals appropriate to the stage of the Contractor’s operations, (1) to become generally familiar with, and to keep the Client informed about, the progress and quality of the portion of the work completed, (2) to endeavor to advise Client of defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, WGI shall not be required to make exhaustive or continuous onsite observations to check the quality or quantity of the Work. 27. General Contractor’s Responsibilities for Construction and Jobsite Safety: Neither the professional activities of WGI, nor the presence of WGI or its employees and subconsultants at a construction/Project site, shall impose any duty on WGI, nor relieve the Contractor of its obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, supervising, and coordinating the Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. WGI and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. Client agrees that the Contractor shall be solely responsible for jobsite and worker safety and agrees that this intent shall be carried out in the Client's contract with the Contractor. Client also agrees that the Contractor shall defend and indemnify the Client, WGI, and WGI's subconsultants from and against any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of, or relating to, construction and jobsite safety. Client also agrees that Client, WGI, and WGI's subconsultants shall be made additional insureds under the Contractor's policies of general liability insurance. 28. Deviations from Contract Documents: WGI shall report to the Client known deviations from the Contract Documents by the Contractor. However, WGI shall not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. WGI shall not have control over or charge of, and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. Town of Highland Beach June 13, 2018 Page 9 of 11 29. Certificates for Payment: WGI shall review and certify the amounts due to Contractor and shall issue certificates for such amounts. Such certification for payment shall constitute a representation to the Client, based on WGI’s evaluation of the Work and on the data comprising the Contractor’s Application for Payment, that the Work has progressed to the point indicated and that, to the best of WGI’s knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract documents upon Substantial Completion, (2) to results of subsequent tests and observations, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by WGI. The issuance of a Certificate of Payment shall not be a representation that WGI has (1) made exhaustive or continuous onsite observations to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences, or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 30. Rejection of Work: WGI shall have authority to reject Work that does not conform to the Contract Documents. Whenever WGI considers it necessary or advisable, WGI shall have authority to require observation or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed, or completed. However, neither this authority of WGI nor a decision made in good faith, either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of WGI to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 31. Submittals: WGI shall review and approve, or take other appropriate action, upon the Contractor’s submittals such as shop drawings, product data, and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. WGI’s action shall be taken with such reasonable promptness as to cause no unreasonable delay in the Work or in the activities of the Client, Contractor, or separate contractors, while allowing sufficient time in WGI’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the sole responsibility of the Contractor as required by the Contract Documents. WGI’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated in writing by WGI, of any construction means, methods, techniques, sequences, or procedures. WGI’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. 32. Contractor’s Design Professionals: If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, WGI shall specify appropriate performance and design criteria that such services must satisfy. Shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional’s written approval when submitted to WGI. WGI shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals. 33. Change Orders: WGI shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by WGI, for the Client’s approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. Town of Highland Beach June 13, 2018 Page 10 of 11 34. Submittals and Final Completion: WGI shall conduct observations to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Client, for the Client’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final observation indicating that the Work complies with the requirements of the Contract Documents. 35. Interpretations and Decisions: Interpretations and decisions of WGI shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, WGI shall endeavor to secure faithful performance by both Client and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. Town of Highland Beach June 13, 2018 Page 11 of 11 WANTMAN GROUP, INC. FEE SCHEDULE EFFECTIVE DATE – JANUARY 1, 2018 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; subconsultant 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.