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HomeMy WebLinkAboutAgreement_General_2/26/2020_Dover Engineering, PLLCVILLAGE OF TEQUESTA AGREEMENT FOR WATER TREATMENT PLANT TRAIN NO. 2 MEMBRANE REPLACEMENT STUDY THIS AGREEMENT FOR A WATER TREATMENT PLANT TRAIN NO. 2 MEMBRANE REPLACEMENT STUDY is entered into and effective this c�(O day of February, 2020 (the "Effective Date"), by and between the VILLAGE OF T E Q U E S TA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469- 0273, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and DOVER ENGINEERING, PLLC, a Florida Limited Liability Company with offices located at 19940 Mona Road, Suite 4, Tequesta, Florida 33469, hereinafter the "Contractor" and collectively with the Village, the "Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide professional engineering services to prepare a technical memorandum and specifications related to membrane replacement on Train No. 2 of the reverse osmosis system within the Village's Water Treatment Plant pursuant to all applicable statutory, licensing and Village code requirements. The Parties agree to enter into this Agreement pursuant to the Contractor's February 7, 2020 Proposal ("Proposal"), which is hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the prices provided in the fee schedule included in Exhibit "B". In consideration for the above Scope of Services, and pursuant to Exhibits "A" and `B", the Village shalt pay the Contractor a total amount not to exceed nineteen thousand seven hundred ninety-nine dollars and fifty-three cents ($19,799.53). 3. TERM: TERMINATION• NOTICE• This Agreement shall be completed in accordance with the Schedule provided within the Proposal attached as Exhibit "A." The Village may terminate this Agreement for convenience upon seven (7) days' written notice to the Page 1 of 5 PrI Contractor. Either party may terminate this Agreement for cause upon seven .(7) days' written notice to the other party. Grounds for termination include, but are not limited to, those reasons provided by Contractor within the Proposal attached as Exhibit "A." Notice shall be considered sufficient -when sent,by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta Dover Engineering, PLLC 345 Tequesta Drive 19940 Mona Road, Suite 4 Tequesta, FL 33469 Tequesta, FL 33469 Attn: Matthew Hammond, Attn: Phillip R. Dover, Utilities Director President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Village and shall name the Village as an "additional, insured" on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees', from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this, provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunitybeyond the waiver provided in Section 768.28, Florida Statutes. 6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained :by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding , the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agree that thisAgreement is not a contract for employment and that no relationship Page 2 of 5 of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 8. INSPECTOR GENERAL: Pursuant .to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and .recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power: The inspector general has the power. to .take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 9. ATTORNEYS FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awardedattorney's fees, including fees, on appeal. 10. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes _reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include but are not limited to: acts of God; acts. of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 11. CHOICE OF LAW: VENUE: ' This Agreement shall be governed and construed In accordance with the .laws of the State of Florida, and venue shall be in Palm. Beach County should any dispute arise with regard to this Agreement. 12. AMENDMENTS AND ASSIGNMENTS: This Agreement, all -Exhibits attached hereto, and required insurance certificates. constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 13. PUBLIC RECORDS: In accordance with Section l 19.0701•, Florida Statutes, the Contractor must keep and maintain this Agreement and any.other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon Page 3 of 5 P_J request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0-701, Florida Statutes, and other penalties under Section 1 19.10, Florida .Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein are not,disclosed except as authorized by law for the duration. of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records. that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA. STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859OR AT lmcwilliams(-),tet1uesta.or2, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 14. HEADINGS: The "headings contained in this Agreement are provided for convenience only and . shall not be considered in construing, interpreting or enforcing this Agreement. 15. SEVERABILITY: The invalidity or unenforceability of any provision of this Page 4 of 5 Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 16. - WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 17. ENTIRE AGREEMENT: This five (5) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. I N W I T N E S S W H E R E O F, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: DO ENGINEERING, PLLC C MAj AW,,, By: Philli Dove , esident - -- - (Corporate Seal) VILLAGE OF TEQUESTA C\.n k — I Nwlil�� .... ....... ATTEST: fig:. elnv Allen, Village Manager Lori McWilliams, MMC ---O P(�earfcct� Village Clerk 3> SEALED y \.INCOFIPORA Page 5 of 5 pl-d D EDover Engineeringr G/oba/ lnfiastructure Solutions February 7, 2020 Matthew Hammond, PE Utilities Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Subject: Proposal for Train No. 2 Membrane Replacement Study Tequesta Water Plant Dear Mr. Hammond: Dover Engineering, PLLC (DE) is pleased to provide a proposal for professional engineering services related to membrane replacement on Train. 2 of the reverse osmosis system at the Water Treatment Plant. This proposal has been based on discussions during our January 30 meeting at the Water Plant with you and Nate Litteral, Water Treatment Plant Superintendent. Project Understanding The existing Train 2 membrane elements are approximately 10 years old, and while still functional, are nearing the end of their service life. The Village of Tequesta (VOT) has requested a time and materials proposal from DE to provide assistance with selection of replacement membranes to optimize the treatment process in terms of water quality, membrane performance, life cycle cost analysis, and membrane warranty terms and conditions. Project Scope of Services DE will provide professional engineering services to prepare a technical memorandum describing the membrane selection process and prepare a technical membrane specification that VOT can use to solicit proposals. The following specific tasks and deliverables will be provided: Task 1: Data Review and Plant Familiarity — DE has prepared a data request (attached) covering current water plant operating data including water plant drawings and specifications. This data will be reviewed for further analysis of existing system performance and will be used in the preparation of technical specifications. The characteristics of Train 2 will be summarized in terms of pressure vessel rating, array, membranes per vessel, available feed pressure, concentrate valve characteristics, maximum feed pressure, permeate backpressure, and range of concentrate pressure. Task 2: Preparation of Technical Memorandum — DE will prepare a technical memorandum summarizing the results of the plant operating data analysis. Finished water quality goals will be summarized along with existing raw water blend and plant capacity. These objective criteria will be used to qualify potential membrane replacement offerings and to rank them. Subjective criteria for membrane selection will be developed in consultation with the VOT which may include manufacturers time in business, availability of technical staff, existence of reference facilities with the same membranes, warranty terms and requirements, quality control, location of manufacturing facility, etc. A summary table will be prepared to present objective and subjective criteria for various membranes to narrow down the membrane offerings after qualified membranes have been ranked. Deliverables: Two draft copies and two signed and sealed final copies with a final pdf. 19940 Mona Road. Suite 4. Tequesta. FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 DEDover Engineering Global Infrastructure So/ut/ons Task 3: Preparation of Technical Specification Technical specifications will be developed around the top ranked replacement membranes from Task 2. The specification document created can be attached to front end contract documents developed by VOT for bidding. Neither front end contract preparation nor bidding services are included in this task. Deliverable: Draft and Final Specifications Task 4: Meetings Meetings with the VOT on as as -needed basis. Fee The time and materials fee for the above services will be $19,799.53. Unused time will not be billed. Budget Worksheet 13-1 is attached with a breakdown of hours and rates per task. Schedule Task 1: Within 30 calendar days of submittal of requested data. Task 2: Within 45 calendar days of completion of Task 1. Task 3: Within 30 calendar days of completion of Task 2. The invoice for DE's services will be submitted monthly or at the conclusion of each task. Assumptions 1. Requested operating data will be provided by VOT within 14 days of Notice to Proceed. 2. Technical specifications will not include installation of the membranes, bidding, or front-end contract preparation. 3. Budget may be reallocated between tasks as necessary. This Letter Agreement provides the terms, conditions and obligations that shall control all work. Inconsistent printed terms, if any, contained on your authorization on the reverse sides of a purchase order shall not apply to services provided under this Letter Agreement unless expressly agreed by the parties in writing. In the event work is authorized prior to issuance of a purchase order, any services DE performs will be presumed to have been completed under the terms of this Letter Agreement. All work will be performed in accordance with DE's attached Standard Terms and Conditions. To accept this proposal, please sign and date both copies and return one to us. We look forward to the opportunity to perform this work for you. Please call if you have any questions. Very truly yours, R NGIlERING, PLLC Phillip over, PE, BCEE President Accepted: Village of Tequesta Authorized Signature Date Printed Name Title 19940 Mona Road, Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover cCdoverengr.com www.doverengr.com FBPE C.A. No. 29822 D E Dover Engineering^ G/oba/ Infrastructure Solutions GENERAL TERMS AND CONDITIONS PERFORMANCE: Dover Engineering, PLLC (ENGINEER) shall perform the work in an expeditious and diligent manner. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER'S profession practicing under similar conditions at the same time and in the same locality for similar projects. The parties to this Agreement agree that ENGINEER has no control over certain aspects of the work, including but not limited to, the timely submittal of data or information to be furnished by others for ENGINEERS use, the review and approval process of governmental, jurisdictional, or utility agencies and entities. ENGINEER asserts no guarantees regarding permit application processing times and issuance of a permit, and incurs no liability for same. ENGINEER'S opinion of possible PROJECT costs are made on the basis of ENGINEER'S judgment and experience for the given time and economic conditions. ENGINEER does not guarantee that proposals, bids or actual PROJECT cost will not vary from ENGINEERS opinion of possible cost. JOBSITE SAFETY: The ENGINEER is not responsible for the safety of any person on the jobsite, other than the ENGINEER'S own employees. The General Contractor is responsible for construction means, methods, sequence, testing, techniques and procedures necessary for performing, superintending or coordinating all portions of the work in accordance with the contract documents and any health or safety precautions required by the contract documents and/or any regulatory agencies. The ENGINEER has no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The ENGINEER does not have the authority to stop the work of any construction contractor. The Owner agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the agreement between the Owner and the General Contractor. The ENGINEER shall be made an additional insured under the General Contractor's general liability insurance policy for personal injuries to any person sustained on the jobsite. COMPENSATION: Lump Sum Fees are fixed amounts to be paid for the services indicated. Estimated Time — Not to Exceed fees shall be based on the time and expense rates attached to ENGINEER'S Professional Services Agreement. Personnel Rates are subject to periodic revision. All Estimated Time fees quoted in advance of the work being performed are ONLY ESTIMATES. The rates are utilized in calculation invoice amounts for services rendered on an Estimated Time basis. Outside contractual services by ENGINEER on CLIENT'S behalf, travel costs by commercial carrier, direct non -salary expenses including, but not limited to, meals, lodging, blueprinting and photocopying, special mailing or delivery services and special engineering materials shall be reimbursed at 110% of ENGINEER'S cost. RETAINER: Upon acceptance of this Agreement by CLIENT, but prior to initiation of work by ENGINEER, CLIENT shall deposit with ENGINEER a retainer in the amount of $00. The retainer will be applied to the ENGINEER's fees during the initial design phase of the project and will be reflected on ENGINEER'S invoices. INVOICES: Invoices covering periods of approximately one month shall be sent to CLIENT by ENGINEER. Invoices shall be prepared in breakdown of work completed style and format. Lump Sum Fees owed ENGINEER for an invoice period shall be calculated by ENGINEER based upon ENGINEER'S percentage estimate of the amount of work accomplished for the billing period. Estimated Time Fees owed ENGINEER shall be based on the actual amount of 19940 Mona Road, Suite 4, Tecluesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 D E Dover Engineering Global Infrastructure Solutions time expended by ENGINEER in performance of services, calculated portal-to-portal, multiplied by the prevailing hourly rate for the personnel performing the work. A minimum of one hour will be charged for attendance at any public hearing, commission or board meeting, or at any legal or administrative proceeding. CLIENT will reimburse ENGINEER for all direct non -salary expenses, as described in this Agreement. INVOICE REVIEW: Within fourteen (14) days of receipt of ENGINEER'S invoice, CLIENT shall examine invoice in detail as to accuracy and completeness and shall raise any questions or objections in writing regarding the invoice within these 14 days. After 14 days from receipt of ENGINEER'S invoice, CLIENT waives any questions or objections to the invoice that were not raised previously. PAYMENT OF FEES: All fees are due and payable upon receipt of an invoice. Payment shall be made in U.S. Currency. If CLIENT fails to make any payment due ENGINEER within thirty (30) days from the date of ENGINEER'S invoice, the amounts due ENGINEER shall then include an additional charge at the rate of 1.5% per month (18% per annum), or as otherwise provided by law. ENGINEER reserves the sole right to suspend all services to CLIENT if any invoice remains unpaid for sixty (60) days after the invoice date. If services are suspended, they may not resume until all unpaid invoices are paid in full. ADDITIONAL SERVICES: Services authorized by CLIENT, other than those specifically set forth in the "Scope of Services", shall be considered additional services for which the CLIENT shall compensate ENGINEER on a Time and Expenses basis, or as otherwise agreed by the parties. Additional services include revisions to work previously performed that are required due to changes in data, criteria or information furnished to ENGINEER, a change in the Scope or concept of the project initiated by the CLIENT, and/or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. DATA PROVIDED BY OTHERS: CLIENT is responsible for supplying ENGINEER with information and data required for ENGINEER'S use in accomplishing the work. ENGINEER shall not be responsible or liable for any inaccurate or incomplete information provided by others, or for good faith use of inaccurate or incomplete information provided by others. OWNERSHIP OF DOCUMENTS: All documents, including drawings, specifications, field notes and electronic generated information and data prepared by ENGINEER pursuant to the terms of this Agreement, are proprietary and are the property of the ENGINEER. Copies of ENGINEER'S non-proprietary documents will be made available to CLIENT at the Time and Expense Cost for reproducing said documents. The ENGINEER'S non-proprietary documents are not intended or represented to be suitable for reuse for extensions of this or any other project, and CLIENT or others are prohibited from making or incorporating any adjustments, changes or amendments to them without specific written approval from the ENGINEER. LIMITATION OF LIABILITY: To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the ENGINEER and the ENGINEER'S officers, directors, partners, employees, agents and sub -consultants, and any of them, to the CLIENT and anyone claiming by, through or under the CLIENT, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of the Design Professional or the Design Professional's officers, directors, 19940 Mona Road. Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 DEDover Engineering, Global Infrastructure Solutions employees, agents or sub -consultants, or any of them, shall not exceed the total compensation received by the Design Professional under this Agreement, or the total amount of $1,750.00, whichever is greater. INSURANCE: ENGINEER shall provide and maintain during the term of this Agreement Errors and Omissions Liability Insurance in an amount not less than $1,000,000.00 and Comprehensive General Liability Insurance in an amount not less than $1,000,000.00 per occurrence. If requested, the ENGINEER shall provide the CLIENT with certificates evidencing such insurance. If the CLIENT specifically directs the ENGINEER to obtain increased insurance coverage, or if the nature of the ENGINEER'S activities requires additional coverage, the ENGINEER will take out such additional insurance, if obtainable, at the CLIENT'S expense. AGREEMENT MODIFICATION: This Agreement may be modified by the executing parties at any time, but no such modification shall be effective unless reduced to writing and signed by both CLIENT and ENGINEER. PRIVITY OF AGREEMENT: This Agreement is not to be construed to provide any obligation from the ENGINEER to any third parties, including but not limited to any contractors (general or sub-), nor to any successors in the title to the CLIENT. The rights under this Agreement only inure them to the parties hereto. ASSIGNABILITY: This Agreement is expressly understood to be non -transferable and non - assignable by either party without written consent of the other. ACCEPTANCE: The fees, terms and conditions offered in this Agreement shall be valid and open for acceptance by CLIENT for a period of thirty (30) days after the date of the Agreement. EFFECTIVE DATE: This Agreement shall become effective on the date that it is signed by CLIENT and returned to ENGINEER with the required retainer. SUSPENSION OF SERVICES: If the project or the ENGINEER'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 ENGINEER 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, CLIENT shall compensate ENGINEER for expenses incurred as a result of the suspension and resumption of its services, and the CONSULTANT'S fees and schedule for the remainder of the project shall be equitably adjusted. If the ENGINEER'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the ENGINEER may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of the payment terms or otherwise is in material breach of this Agreement, the ENGINEER may suspend performance of services upon five (5) calendar days notice to the CLIENT. The ENGINEER shall have no liability to the CLIENT as a result of this suspension of service, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach that caused the CONSULTANT to suspend services, the ENGINEER shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 19940 Mona Road, Suite 4, Tecluesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 D E Dover Engineering. Global Infrastructure Solutions TERMINATION: The CLIENT may terminate this Agreement for the CLIENT'S convenience and without cause upon giving the ENGINEER not less than seven (7) calendar days' written notice. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' written notice for any of the following reasons: • Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party, • Assignment of this Agreement or transfer of the project by either party to any other entity without the prior written consent of the other party, • Suspension of the project or the ENGINEER'S services by the CLIENT for more than ninety (90) calendar days, consecutive or in the aggregate, • Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustment(s) necessitated by such changes. In the event of termination of this Agreement by either party, the CLIENT shall within thirty (30) calendar days of termination pay the ENGINEER for all services rendered and all reimbursable costs incurred by the ENGINEER up to the date of termination, in accordance with the payment provisions of this Agreement. In event of any termination that is not the fault of the ENGINEER, the CLIENT shall pay the ENGINEER, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by the CONSULTANT in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. SEVERABILITY: In the event that a court of competent jurisdiction determines that any term or provision of this Agreement is unenforceable for any reason, the balance of the terms and conditions shall nonetheless remain in full force and effect and such unenforceable provisions shall be deemed to have been excised and deleted from this Agreement as though it had never been a part hereof. VENUE CLAUSE: The venue for all collection actions or litigation under this Contract shall be in Palm Beach County, Florida. SPECIAL PROVISIONS: Not applicable. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. END OF GENERAL TERMS AND CONDITIONS 19940 Mona Road. Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 DEDover Engineering Globallnfiastructu�e Solutions Water Plant Data Request Train #2 On Line Time (percentage) Power Cost ($/KwH Feed Pump Inlet Pressure (psi) Feed Pump Efficiency (percentage) Raw Water Quality Analytical Results (most recent) Train Boost Pressure, psi Train Boost Efficiency (percentage) Train Recover (percentage) Train Production (mgd or gpm) Existing/Required Permeate Water Quality Current Membrane Manufacturer, Model No., Diameter and Length 19940 Mona Road, Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 Attachment B-1 Project Budget - Time and Materials Water Treatment Plant Membrane Replacement Study Labor Classifications and Raw Hourly Rate $57.73 $21.65 $34.36 $17.19 Task No. Task Sr Engr Cad Sr. Inspector Admin Total Hours Total Fee 1 Data Review and Plant Familiarity 32 1 33 $1,864.55 2 Preparation of Technical Memorandum 40 3 43 $2,360.77 3 Preparation of Technical Specification 40 3 43 $2,360.77 4 Imeetings 3 1 4 $190.38 Labor Total Hours 115 0 0 7 119 Labor Raw Costs $6,638.95 $0.00 $0.00 $120.33 $6,776.47 Labor Multiplier 2.91 2.91 2.91 2.91 2.91 Loaded Labor Cost $19,319.34 $0.00 1 $0.00 $350.16 $19,719.53 ODC Total Fee $80.00 $19,799.53 Other Direct Costs (ODQ: Reprographics: 100 sheets x $0.80/ea = $80 $80 Total ODCs $80 DEDover Engineering: A�-ORQa CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 2/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Marsh & McLennan Agency LLC 9850 N.W. 41 st Street Suite 100 CONTACT And Moore PHONE FAX o Ext 786 662-6214 A/c No): 212 948-5663 ADDRESS: amoore@mma-fi.com Miami FL 33178 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Certain Underwriters at Lloyd's 55555 INSURED PHILLR2 INSURER B : Dover Engineering, PLLC/Phillip R Dover, PE 19940 Mona Road, #4 INSURERC: INSURER D : Tequesta FL 33469 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:368612586 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y FEIENG11251 3/1/2019 3/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMIDAMAE(RENTED PREMISESS Ea occurrence) ccurrence)$ 50,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PROJECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S HCLAIMS-MADE AGGREGATE $ EXCESS LIAR DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N I PER OTH- LITETATSER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ ' A Profeesional Liability FEIENG11251 3/1/2019 3/1/2020 Aggregate Each Occurrence $2,000,000 $2,000,000 Deducitble $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Village of Tequesta, as (Interest), is an Additional Insured as respects General Liability when required by written contract subject to the term, conditions and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD C1111 F FINANCIAL 01-TWLR JEFF ATWATER STATF. OF MORIDA September 24, 2012 VERIFICATION OF AUTOMATIC EXEMPT STATUS FROM WORKERS' COMPENSATION COVERAGE REQUIREMENTS This letter verifies that the individual listed below is AUTOMATICALLY EXEMPT from Florida workers' compensation coverage requirements within the scope of the non -construction business or trade listed below and is not required to obtain an exemption issued by the Division of Workers' Compensation in order to achieve exempt status. PERSON: PHILLIP RDOVER BUSINESS NAME: DOVER ENGINEERING ADDRESS: 19940 MONA ROAD TEQUESTA, FL 33469 TYPE OF NON -CONSTRUCTION BUSINESS OR TRADE: ENGINEERING CLASS CODE OF BUSINESS: 8601 This verification of automatic exempt status applies ONLY within the scope of the non -construction business or trade listed above, and applies ONLY to the individual listed above. However, if DOVER ENGINEERING employs four or more full or part-time employees, it must obtain workers' compensation coverage. A member of a limited liability company engaged in the non -construction industry is considered an employee if the member meets the definition.of employee as defined in Section 440.02(15)(a), Florida Statutes. If a policy is in effect for the limited liability company engaged in'the non -construction industry and the member meets the definition of employee as defined in Section 440.02(15)(a), Florida Statues, the payroll of such member may be included in determining the, premium for the policy. If DOVER ENGINEERING engages in a construction -related activity as defined in section 440.02(8), Florida Statutes, or in Rule 69L-6.021, Florida Administrative Code, the automatic exempt status for PHILLIP R DOVER shall not apply, and DOVER ENGINEERING must comply with workers' compensation coverage requirements for the construction industry. If PHILLIP R DOVER is a corporate officer as defined in Section 440.02(9), Florida Statutes, this Verification of Automatic Exempt Status from Workers' Compensation Coverage Requirements does not apply. In order to become exempt, PHILLIP R DOVER is required to complete an exemption application, and submit the application to the Division of Workers' Compensation. If the Division of Workers' Compensation determines -that PHILLIP R DOVER meets the eligibility requirements for the issuance of an exemption, the Division of Workers' Compensation will issue an exemption to PHILLIP R DOVER. If you have any questions, please call (850) 413-1609. DIVISION OF WORKERS' COMPENSATION • BUREAU OF COMPLIANCE 200 EAST GAINES STREET . TALLAHASSEE, FLORIDA 32399.4228 -.PHONE 850-413.1609 AFFIRMATIVE ACTION - EQUAL OPPORTUNITY EMPLOYER