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Home My WebLink AboutDocumentation_Regular_Tab 04_4/13/2023Agenda Item #4. Regular Council STAFF MEMO Meeting: Regular Council - Apr 13 2023 Staff Contact: Jeremy Allen, Village Manager Department: Manager Consider Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. ABC Concrete Cutting Quote 09813 - Public Works, $583.00. B. First Due Fire Prevention Software Proposal - Fire Department, $4,475.00. C. Kimley-Horn Professional Services Agreement, FL DEO Community Planning Technical Assistance Grant -Utility Undergrounding Master Plan - Administration, $3,500.00. D. Kimley-Horn WA Fuel System Maintenance & Repair Services Agreement -Public Works, $5,000.00 E. Pace Labs Drinking Water Analysis Proposal - Utilities, $6,012.00. F. Playmore Recreational Products Quote 18096 - Parks & Recreation, $3,844.19. G.Underwater Solutions, Inc. Agreement -Utilities, $8,572.00. Consider Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. ABC Concrete Cutting Quote 09813 - Public Works, $583.00. B. First Due Fire Prevention Software Proposal - Fire Department, $4,475.00. C. Kimley-Horn Professional Services Agreement, FL DEO Community Planning Technical Assistance Grant -Utility Undergrounding Master Plan - Administration, $3,500.00. D. Kimley-Horn WA Fuel System Maintenance & Repair Services Agreement -Public Works, $5,000.00 E. Pace Labs Drinking Water Analysis Proposal - Utilities, $6,012.00. F. Playmore Recreational Products Quote 18096 - Parks & Recreation, $3,844.19. G.Underwater Solutions, Inc. Agreement -Utilities, $8,572.00. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: N/A BUDGET: N/A ENCUMBERED: N/A Proposed: N/A Projected Remaining: N/A PROJECTED TOTAL: 7 Items, each with individual costs Page 36 of 556 Agenda Item #4. This agenda item is respectfully submitted for your review and approval. Tk ABC Concrete Cuttina Quote 089813-Public Works First Due Fire Prevention Software Proposal -Fire Dept. Kimlev-Horn FL DEO Communitv Plannina Technical Assistance Grant-Utiliitv Underaroudina Master Plan-Admin. Kimley-Horn WA Fuel System Maint & Repair Services Agreement -Public Works Pace Labs Drinking Water Analysis Proposal - Utilities Playmore Recreational Products Quote 18096-Parks & Recreation Underwater Solutions. Inc. Aareement-Utilities Page 37 of 556 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 A. of Tecluest' ��G` C F T t OGPt C Tequesta Public Works Department Memorandum 561-768-0700 www.tequesta.org To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: ABC Concrete Cutting Inc. Quote Date: March 27, 2023, 2023 The following agenda item is a quote for core drilling. The Vendor required a signature on their quote. We utilized ABC Concrete Cutting Inc. to core drill a 2" hole through the exterior wall in the maintenance shop in the Fire Department. The hole is required for ventilation for the new SCBA equipment in the Fire Department. The cost for this project is $583.00 Funding is available in account 001-210.534.300 Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 38 of 556 Agenda Item #4. A B CONCRETE C CUTTING INC. QUOTE FT LAUDERDALE......... 954-523-4848 M IA M I ......................... 305-947-0881 PALM BEACH ............. 561-7376765 FT PIERCE .................. 772-465-4539 2251 HAMMONDVILLE RD, POMPANO BEACH, FL 33069 www.abcconcretecutting.com THE VILLAGE OF TEQUESTA 345 TEQUESTA DRIVE TEQUETA, FL 33469 Phone:561-575-6233 Fax:561-575-6245 PROJECT: MAINTENANCE ROOM 375 TEQUESTA DRIVE TEQUESTA, FL 33469 QUOTED DATE-03/17/2023 NO: 089813 SALES REP: Ed Pacheco ATTENTION: DOUG CHAMBERS MOBILE: 561-945-1389 OFFICE: EMAIL: dchambers@tequesta.org QTY DESCRIPTION UNIT PRICE 1.00 HAND HELD CORE DRILLING 550.00 550.00 HAND HELD CORE DRILL, LADDER, SCAFFOLD ABC TO CORE DRILL PER CUSTOMER'S LAYOUT (1) 2- TO 3- HOLES X 8- CONCRETE WALL V ABOVE FINISHED FLOOR DRILLING FROM EXTERIOR NOT TO DAMAGE STUCCO ALL LAYOUT BY CUSTOMER WORK AREA MUST BE WIDE OPEN FREE OF OBSTRUCTIONS ALL PROTECTION OF WORK AREA AND SURROUNDING AREA IS BY OTHERS ALL CLEAN UP AND FINAL CLEAN UP BY OTHERS ALL SLURRY CONTROL BY OTHERS IF SIZE, FOOTAGE AND OR DEPTH EXCEEDS ABOVE DESCRIPTION PRICE IS SUBJECT TO CHANGE ALL PEDESTRIAN CONTROL/BARRICADING IS BY OTHERS ALL DISCONNECTS BY OTHERS ALL MOT BY OTHERS 1.00 Fuel Surcharge 33.00 33.00 TOTAL PRICE: $ 583.00 ADD 20% FOR EVENINGS AND SATURDAYS ADD 30% FOR HOLIDAYS AND SUNDAYS STANDBY TIME WILL BE CHARGED AT $ 145.00 PER HOUR PER OPERATOR SHOW UP WILL BE CHARGED AT $ 250.00 —CUSTOMER IS RESPONSIBLE FOR THE SAFEGUARDING AND PROTECTION OF ALL SURROUNDING WORK AREAS ABC CONCRETE RECOMMENDS THAT THE CUSTOMER HAVE THE CUTTING SURFACE SCANNED TO LOCATE ANY UTILITIES OR POST TENSION CABLES THAT MIGHT BE LOCATED IN THE CUTTING SURFACE. ABC CONCRETE WILL NOT BE RESPONSIBLE FOR DAMAGE CAUSED BY CUTTING THE ABOVE MENTIONED AREA. ABC CONCRETE CUTTING PROPOSES TO SUPPLY EQUIPMENT, PERSONNEL AND INSURANCE TO COMPLETE THE SCOPE OF WORK ABOVE. -THANK YOU FOR ALLOWING ABC CONCRETE CUTTING THE OPPORTUNITY TO PROVIDE YOU WITH THIS QUOTE. -CUSTOMER WILL PAY WITH CASH OR CHECK -SHOW UP CHARGE OF $250.00 WILL BE BILLED IF ABC ARRIVES ON -SITE AND JOB IS CANCELLED OR POSTPONED Printed: 03/17/2023 04:04:58 PM Page 3 Page 39 of 556 Agenda Item #4. RB QUOTE CONCRETE CUTTING INC. 2251 HAMMONDVILLE RD, POMPANO BEACH, FL 33069 FT LAUDERDALE......... 954-523-4848 M IAM I ......................... 305-947-0881 PALM BEACH ............. 561-7376765 FT PIERCE .................. 772-465-4539 www.abcconcretecuffing.com -IF CUSTOMER SUPPLIES DUMPSTER. DUMPSTER MUST BE EMPTY WITH REAR DOOR ACCESS. IF DUMPSTER DOES NOT HAVE REAR DOOR ACCESS OR IS FULL, ABC WILL STOCKPILE CONCRETE/DEBRIS ADJACENT TO DUMPSTER -STANDBY TIME WILL BE CHARGED AT $1451PER OPERATOR PER HOUR -THIS QUOTE IS PRICED FOR THE QUANTITIES INCLUDED ABOVE AND IS TO BE CONTINUOUS WORK, IF JOB IS NOT CONTINUOUS OR QUANTITIES ARE LESS, A MINIMUM CHARGE WILL BE IN EFFECT AND PRICING FOR LESSER QUANTITIES WILL BE INCREASED. -DID YOU KNOW, WE ALSO OFFER AN ADDITIONAL SERVICE THAT WILL PROVIDE YOU WITH ANSWERS TO QUESTIONS REGARDING WHAT IS UNDERNEATH THE CONCRETE (I.E.: POST TENSION CABLES & ELECTRICALS)? THIS SERVICE IS CALLED GROUND PENETRATING RADAR PLEASE CONTACT ED PACHECO WITH ANY QUESTIONS. DUE TO THE COST OF FUEL, ABC HAS INCREASED THE FUEL SURCHARGE TO 6%. THIS IS FOR ALL INVOICING AND QUOTES ABC CONCRETE RECOMMENDS THAT THE CUSTOMER HAVE THE CUTTING SURFACE SCANNED TO LOCATE ANY UTILITIES OR POST TENSION CABLES THAT MIGHT BE LOCATED IN THE CUTTING SURFACE. IT IS EXPRESSLY DO TO THE INCREASED COST OF FUEL, ABC INCREASED THEIR FUEL SURCHARGE TO 6%. THIS APPLIES TO ALL QUOTES AND INVOICING. UNDERSTOOD THAT ABC CONCRETE CUTTING INC. ASSUMES NO RESPONSIBILITY FOR LAYOUT, BURIED UTILITIES, BARRICADING & SAFEGUARDING OPENINGS. ABC CONCRETE WILL NOT BE RESPONSIBLE FOR DAMAGE CAUSED BY CUTTING THE ABOVE MENTIONED AREA. THE ABOVE WORK HAS BEEN SATISFACTORILY COMPLETED AND THE JOB SITE INSPECTED AND FOUND TO BE IN A CLEAN AND SAFE CONDITION. YOU AGREE TO PAY FOR WORK PERFORMED AND FURTHER AGREE TO PAY ALL COSTS (I.E. COLLECTION, ATTORNEY, COURT COSTS, AND ALL OTHER COSTS ACCRUED) REQUIRED TO COLLECT PAYMENT FOR FOR SERVICES RENDERED. ABC CONCRETE CUTTING, INC RESERVES ALL RIGHTS TO COLLECT THIS DEBT. A CONVENIENCE FEE OF 3% IS ADDED ON ALL CREDIT CARD TRANSACTIONS TOTALING OVER $3000.00 IN INVOICES PER PROJECT. ANY WORK SHIFTS OCCURRING OUTSIDE OF NORMAL BUSINESS HOURS (MONDAY THRU FRIDAY, 6AM TO 5PM, EXCEPT HOLIDAYS) ARE SUBJECT TO UPCHARGE. WEEK NIGHTS (5PM TO 6AM) AND SATURDAYS ARE SUBJECT TO 20% INCREASE AND THERE WILL BE A 30% INCREASE FOR SUNDAY WORK (12AM TO 11:59PM). 1. An additional fuel surcharge (6%) will be applied to all invoicing related to this quote. 2. Apparatus for confined space requirements is not included unless otherwise noted above. Waiting for equipment will be billed at standby rate. 3. Mobilization is a one time charge on each continuous job. An additional mobilization charge will be added for each Interruption or postponement during which we are not authorized to remain on standby. 4. All charges will be for actual quantities as measured, including for standby and cleanup as noted on work order. Standby and cleanup will be charged at $145 per hour unless inidcated differently in quote above. 5. Holes and cuts to be drilled or lines to be sawn must be laid out by owner or contractor. All holes and cuts will be charged for whether usable or not 6. Cutting will be charged from beginning of cut to end, including overcut equal to depth of cut. 7. Damage to utilities or other objects within the concrete is beyond our control and we cannot assume responsibility for damage to same. Utility location is the responsibility of the customer. Damage to property of others by way of water traveling through existing cracks or openings in the concrete is beyond our control. 8. Reasonable and safe access to and from work areas guaranteed by owner or contractor. 9. Owner/Customer to contact Sunshine 811 for all exterior work that requires cutting into the ground (48 hours prior to our start of our work). 10. Scaffolding, man lifts, or work platforms, if necessary, to be provided by owner or contractor. 11. ABC has an extensive Silica Exposure Program which requires the owner or customer to protect other people or trades on site from exposures above the permisable limits. 12. Terms of payment: Due upon receipt of invoice when completing the ABC credit application process. Otherwise terms are COD by credit card. 13. COD by Credit Card: You permit ABC to charge your card for a minimum payment prior to job start and to charge for the balance once complete. 14. Except for price quotations this agreement constitutes the entire agreement of the parties and cannot be altered without prior written consent of that of the owner or contractors. 15. While sawing or drilling, we will protect structural floor openings. After we leave, holes in structural stabs are the responsibility of the contractor or owner. /� Digitally signed by Jeremy Allen Jeremy Allen Date: 2023,03.17 16:42:29 -"00' (SIGNATURE) PRINT NAME) (DATE) PRICE IS SUBJECT TO CHANGE IF: NOT ACCEPTED WITHIN 30 DAYS. OR CONDITIONS ON JOB VARY FROM THIS QUOTATION. Accepted By. Printed: 03/17/2023 D4:04:58 PM Page 46 of 556 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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 request from the Village's custodian of public records, 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. Page 41 of 556 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 42 of 556 Agenda Item #4. Village of Tequesta Department of Fire -Rescue Services 357 Tequesta Drive °P'800� 561-768-0500 Tequesta, FL 33469 ,�'"* www.tequesta.org 98 Bus James Trube, Fire Chief To: Jeremy Allen, Village Manager From: James Trube, Fire Chief Date: March 2, 2023 Re: First Due Fire Prevention Software Proposal The First Due Fire Prevention Software has the functionality and expandability that our department needs to maximize the efficiency and operability of our fire inspections and pre -plans for both prevention and operational aspects well into the future. Attached is the Agreement for Services along with the Quote and the Statement of Work. This was budgeted for in the FY 22/23 budget (Oct 1, 2022). Once signed we can move ahead with starting the implementation and configuration process. The total cost is $4,475 for the first six months, which includes the implementation and configuration as well as the six month subscription, payable lump sum. After the initial six months, the agreement will automatically renew for successive 12 month terms. Thank You. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 43 of 556 Agenda Item #4. r� AGREEMENT FOR SERVICES This Agreement for Services (this "Agreement") dated as of April 30, 2023 (the "Effective Date") is made by and between Locality Media, Inc dba First Due a Delaware corporation, having offices at 107 7th St, Garden City, NY, 11530 ("Locality Media") and the Tequesta Fire & Rescue located at 357 Tequesta Drive, Tequesta, FL 33469 (the "Customer"). 1. Locality Media maintains a website through which Customer members may access Locality Media's First Due Size -Up", Community Connect'", Mobile Responder- and/or other software -as -a -service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict conformity with and subject to such terms and conditions. Locality Media may provide the Customer with one or more user ID's, initial passwords, digital certificates and/or other devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access the Service. The Customer shall access the Service only by using such Credentials and APIs. The Customer authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to change such Credentials. It is the Customer's sole responsibility to keep all Credentials and other means of access within the Customer's direct or indirect possession or control both confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends on the availability of data and information relating to Locations and structures in the Customer's jurisdiction, including but not limited to building system and structural information, building inspection codes and incident report data (collectively, "Location Data"). Locality Media also may process and furnish through the Service, in addition to Location Data, other data regarding residents and roadways within the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively herein as "Data". Locality Media may acquire Data from third party public and/or private sources in Locality Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in such form and using such methods as Locality Media reasonably may require from time to time, any and all Data from the Customer's records and systems which the parties mutually designate for inclusion in the Service database. The Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably required by Locality Media. Subject to any third -party license restrictions identified expressly in writing by the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty -free right and license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the development, operation and performance of Locality Media's business, including but not limited to the Service. As between the parties, the Customer and its employees, contractors, members, users, agents and representatives (collectively, "Customer Users") are solely responsible for determining whether and how to use Data accessed through the Service. The Customer acknowledges that Locality Media, through the Service, provides an interface for viewing Data compiled from the Customer and other sources over which Locality Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no representations or warranties regarding any Location or structure (including but not limited to a Location's safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures, exposures, size, layout, compliance, condition or history) ), residents, roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the accuracy or reliability of the Data received by Locality Media. Locality Media provides administrative and information technology services only and does not advise, recommend, or render an opinion with respect to any information communicated through the Service and shall not be responsible for the Customer's or any third party's use of any information obtained through the Service. Locality Media, Inc. Agreement Apr 2022 Page 1 of 10 Page 44 of 556 Agenda Item #4. The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications equipment, third -party application services and other equipment and software ("Equipment") required for the Customer to access and use the Service (the Service being accessible to users through standard Internet browsers subject to third party network availability and signal strength). Locality Media shall not be responsible for any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any telecommunications service, cellular or wifi network, Internet connection, Internet service provider, or any other third - party communications provider, or any other failure or problem not attributable to Locality Media ("Technical Problems"). This Agreement will be effective for an Initial term of 6 months (the "Initial Term") commencing on the Effective Date. After the Initial Term, this Agreement will automatically renew for successive terms of 12 months each (a "Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written notice. Locality Media reserves the right to increase Customer's renewal Service fees by no more than 5% per annum, applied to the Service fees set forth in the previous terra. Either party also may terminate this Agreement immediately upon written notice if the other party: (i) becomes insolvent; (ii) becomes the subject of a petition in bankruptcy which is not withdrawn or dismissed within 60 days thereafter; (III) makes an assignment for the benefit of creditors; or (iv) materially breaches its obligations under this Agreement and fails to cure such breach within 30 days after the non - breaching party provides written notice thereof. 6. Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer's possession or control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any termination or expiration of this Agreement. y. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A (as available as of the Effective Date). Locality Media may charge separately for services offered from time to time that are not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of the Service for new purposes), subject to the Customer's acceptance of the terms of use and fees associated with such services, The Customer shall be responsible for the payment of all taxes associated with provision and use of the Service (other than taxes on Locality Media's income). The Customer represents it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind from any Data provider, other municipal agency or other third party in connection with the Customer's purchase or use of the Service under this Agreement. 8, Locality Media owns and shall retain all right, title, and interest in and to the service, all components thereof, including without limitation all related applications, APIs, user interface designs, software and source code (which shall further include without limitation any and all source code furnished by Locality Media to the Customer in connection with the delivery or performance of any services hereunder) and any and all future enhancements or modifications thereto howsoever made and all intellectual property rights therein but not Data furnished by the Customer. Except as expressly provided in this Agreement or as otherwise authorized in advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the Service; provided, however, that nothing herein shall restrict the Customer's use of the Data that the Customer has provided. q, "Confidential Information" means any and all information disclosed by either party to the other which is marked "confidential" or "proprietary," including oral information that is designated confidential at the time of disclosure. Without limiting the foregoing, all information relating to the Service and associated software and the terms of this Agreement shall be deemed Locality Media's Confidential Information. Notwithstanding the foregoing, "Confidential Information" does not include any information that the receiving party can demonstrate (i) was known to it prior to its disclosure hereunder; (ii) is or becomes publicly known through no wrongful act of the receiving party, (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is independently developed by the receiving party, without the use of any Confidential Information of the other party; (v) has been approved for release by the disclosing party's prior written authorization; or (vi) is required to be disclosed by court order or applicable law, provided that the party required to disclose the information provides prompt advance notice thereof to the other Harty (except to the extent such notice is prohibited by law). Locality Media, Inc. Agreement Apr 2022 Page 2 of 10 Page 45 of 556 Agenda Item #4. 10. Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other party. Each party shall use the same degree of rare to protect the other party"s Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable care. Neither party shall disclose the other party's Confidential Information to any person or entity other than its employees, agents or consultants who need access thereto in order to effect the intent of this Agreement and in each case who have been advised of the confidentiality provisions of this Agreement, have been instructed to abide by such confidentiality provisions, entered into written confidentiality agreements consistent with Sections 9-11 or otherwise are bound under substantially similar confidentiality restrictions. 11, Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's Confidential Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary, and irreparable harm to the other party, the extent of which may be difficult to ascertain, Accordingly, each party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of Section 9 or 10 by the other party, any of its employees, agents or consultants. 12. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS. 13, EXCEPTAS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE. 14, The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this Agreement, to provide the Data furnished by the Customer to Locality Media, and to use the Service and Data, and Customer will only use the Service and Data, as permitted under this Agreement and in accordance with the laws, regulations, and any third -party agreements applicable to the Customer and Customer Users, Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in connection with the Service in any manner that would violate any third -party intellectual property rights or license between Customer and any third party. Customer agrees not to use or permit the use of the Service and Data in connection with any public or private enterprise other than operation and performance of the Customer's functions and services. In addition, the Customer and the Customer Users shall not copy, distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information (PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and omissions of each Customer User as if such activities had been performed by the Customer. 15. Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any third -party claim, suit, action, investigation or proceeding (each, an "Action") brought against the Customer based on the infringement by Locality Media of any third -party Issued patent, copyright or registered trademark, except to the extent such Action is based on Data furnished from the Customer, the Customer's breach of any third party agreement, or any combination or integration of the Service with any Customer- or third -party property, method or system. 16, The Customer will indemnify, defend and hold Locality Media harmless from and against any and all Losses arising from or relating to; (1) any breach by the Customer of Section 8; or (li) any Action by a Customer User or third party arising Locality Media, tnc. ,Agreem.ent Apr 2022 Pane 3 a£ 10 Page 46 of 556 Agenda Item #4. from or relating to the use of the Service or Data accessed through the Service, except to the extent such Losses are subject to Section 15 above or result from the gross negligence or willful misconduct of Locality Media. 17. Such indemnification under Sections 15 and 16 will be provided only on the conditions that; (a) the indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of such Action; (b) the indemnifying party has sole control of the defense and all related settlement negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party's prior written approval; and (c) the indemnified party provides assistance, information and authority as reasonably required by the indemnifying party. 18. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO LOCALITY MEDIA WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) $5,000. 19. All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered personally, by email or facsimile followed by written confirmation, or by internationally recognized courier service to the addresses of the parties set forth in this Agreement. 20. Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party. Locality Media may assign this Agreement or any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media or the sale of all or substantially all of its assets related to this Agreement, without such consent. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns. 21. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 22. Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by the party to be charged, No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver of such right, power, or remedy. 23. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent, partner, or legal representative of the other for any purpose or shall have any authority to create any obligation on behalf of the other. Neither party intends to grant any third -party beneficiary rights as a result of this Agreement. 24. Any delay in or failure of performance by either party under this Agreement will not be considered a breach and will be excused to the extent caused by any event beyond the reasonable control of such party including, but not limited to, acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, interruptions in telecommunications or Internet or network provider services, power outages, and governmental restrictions. 25. This Agreement supersedes all prior agreements, understandings, representations, warranties, requests for proposal and negotiations, if any. Each provision of this Agreement is severable from each other provision for the purpose of determining the enforceability of any specific provision. Locality Media, Inc. Agreement Apr 2022 Page 4 of 10 Page 47 of 556 Agenda Item #4. 26. Agreement Billing Information a. Accounts Payable Contact Name: h r, r) Jones Email: 1Sl.1 O C j j0nt"s e + Phone: PUL- of — 0560 b. Tax Exempt L s (Yes/No) If Yes, please email a copy of the Exempt Certificate to accounting@firstdue.com. C. Purchase Order Required No (Yes/No) If Yes, return a copy of the Purchase Order with the signed agreement or email a copy to accounting@firstdue.com. LOCALITY MEDIA, INC. Tequesta Fire & Rescue By: By: 4K)M--� Name: Andreas Huber Name:��W�y vVtn Title: CEO Title: Date: Mar 02 2023 12:31 PST Date: Locality Media, Inc. Agreement Apr 2022 Page 5 of 10 Page 48 of 556 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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 request from the Village's custodian of public records, 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-04401 OR AT lmcwi@liams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. Page 49 of 556 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 50 of 556 Agenda Item #4. Bid/Proposal Number: N/A Project Description: E-Verify Affidavit Fire and EMS software In accordance with Section 448.095, F.S., Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of 1. All persons employed by the Contractor to perform employment duties within Florida during the term of the contract; and 2. All persons (including SUBCONTRACTORS) assigned by the Contractor to perform work pursuant to the contract. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the Village of Tequesta. Contractor further agrees to retain sufficient evidence of their enrollment in the E-Verify System and provide such evidence to the Village of Tequesta upon request. Sufficient evidence shall consist of a printed copy of the completed E-Verify Company Profile page, obtained from https://xkivw.c- verify.gov. Contractor also agrees to obtain from each of its subcontractors/subconsultants an affidavit stating that the subcontractor/subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), F.S. Contractor further agrees to maintain a copy of any such affidavit from a subcontractor/subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. By affixing your signature below, you hereby affirm that you will comply with all E-Verify requirements. tADC.Ci1 k fit,, Company name r rSk 00e ature -QacyAuo �b�\- \ v-i'�t Print Name i� STATE OF F ,QRI A - COUNTY W1\ Sw?Di,and subscribed before me by means of [ of ' +-01./aa WA—, 20--'6 by i i _ :�r.�h ,T` �, i n' , • as identifi( 811388062 Federal Employer Identification No. 'Z- Zz-23 Date 4Ac,. Title Y& presence or ❑ online notarization on this cot day jam, who is personally known to me or has produced fho.&&did.,U( in the state and county abovet �1� �KD\ s �_� ::,,OFMCIAL SEAV GEi^SIEVE ESPOSITO JENKINS t�''ei A"A' PUBLIC STATE OF IWNOIS MY EXPIRES 10/28/25 My Commission Expires: 10, P�b Page 51 of 556 Agenda Item #4. r7 first due Locality Media, Inc. dba First Due 107 Seventh St, Garden City New York, 11530, United States Phone: +1 (516) 874-2258 Website: https://www.firstdue.com/ BILL TO: Zachary Wichert Tequesta Fire & Rescue 357 Tequesta Drive Tequesta, FL 33469 Account: Tequesta Fire & Rescue Subscription Start: April 30, 2023 Initial Term: 6 months Annual Subscription: $8,950.00 Exhibit A - Quote Prepared By: Amber Wade Valid Until: May 31, 2023 Quote Number: 1545132000074797435 Product Details Total Occupancy Management & Pre -Incident Planning Manage Occupancies, Hydrants, Pre -Incident Mapping, GIS data, Fire Systems, Hazardous Material, and Contacts. Responder Web Responder dashboard and Responder iOS/Android App with notifications, statusing and routing. Hydrant Management - Advanced Manage Hydrants including hydrants visible on pre -plan & response map, hydrant list, hydrant types, hydrant uploads, ArcGIS hydrant layers, hydrant setup, hydrant service checklist, data management, mapping, service inspections, hydrant flow test and reporting. Inspections Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, Inspections Scheduler, and Integrated Pre -Incident Planning. Community Connect Online portal for residents and businesses to input critical occupant and property data that can be made available to Emergency Response Agencies during an incident. CAD Integration Automated importing of CAD calls via XML, Database Connector or API. Online Standard Training Package Includes a one -hour planning session and up to 6 hours of webinar train -the -trainer sessions Implementation and Configuration Services Services related to configuring and customizing the First Due Platform as described in the Statement of Work. One -Time Fees Subtotal 6 Month -Subscription Fees Subtotal Grand Total $ 0.00 $ 4,475.00 $ 4,475.00 Locality Media, Inc. Agreement Apr 2022 Page 6 of 10 Page 52 of 556 Agenda Item #4. Statement of Work Please see attached Statement of Work detailing the Implementation, Training and Support for this Exhibit A - Quote. Terms and Conditions The above -listed Grand Total will be invoiced on or around the Subscription Start date. For subsequent annual periods, the Service fees are due and payable annually in advance on October 30th. Payment Terms: Net 30 days For electronic ACH payment: JPMorgan Chase Bank I ABA Routing: 021000021 1 Account #: 803527972 Locality Media, Inc. Agreement Apr 2022 Page 7 of 10 Page 53 of 556 Agenda Item #4. FF-3 first due Locality Media, Inc. dba First Due 107 Seventh St, Garden City New York, 11530, United States Phone: +1 (516) 874-2258 Website: https://www.firstdue.com/ Statement of Work Statement of Work For Quote Number: 1545132000074797435 Tequesta Fire & Rescue Introduction The purpose of this Statement of Work (SoW) document is to clearly define the Implementation, Training and Support. Implementation: First Due works very closely with you to ensure the application is ready for go -live. During the Implementation you will be assigned a Client Success Manager and Implementation Manager who will lead you through the process. Below is a description of each component of our implementation. a) Discovery & Planning: During a project kick-off meeting we will flesh out the key components of the configuration, customer stakeholders and project timelines. After this stage we will have a clear plan to when and how your agency will be live with First Due. b) Configuration: First Due is an out -of -the box system but can be configured for your Agency's needs. Our team will work with you to configure all the parts of the application necessary for go -live and beyond. These configuration sessions will generally occur weekly, and act as administrator training. c) Optimization: Once the account is configured, we will arrange a small end -user testing group to begin to use the application out -in -the -field. This is an iterative process in which we listen to feedback and make adjustments to the product on the fly. d) Training: Once we have sign -off the product is ready for go -live we will build the necessary training plan together, which may include train -the -trainer sessions, end user training, custom training videos/content or even onsite sessions. The training section below provides more detail on included training. e) Roll Out: After training is complete, we are ready to roll -out the platform. We will work closely with you to ensure First Due is rolled out effectively across your agency. f) Support: Once we achieve sign -off that the system is live and stable, we will transition to support (as described in the support section below). However, you will continue to have a dedicated Client Success Manager moving forward. 2. Training: Training is an integral part of any successful implementation. First Due is focused on providing your agency adequate training to ensure effective user adoption of the platform. As part of this Statement of Work, the customer will receive the purchased training as outlined in Exhibit A - Quote throughout the implementation process as outlined: 1. Webinar Administrator training during configuration sessions 2. Webinar formal Train -the -Trainer and/or End User Session(s) during the training phase 3. Access to online training videos, documents, content, and interactive knowledgebase Locality Media, Inc. Agreement Apr 2022 Page 8 of 10 Page 54 of 556 Agenda Item #4. 3. Integrations: Any scoped integrations included in this document will be described below. Any additional integration scoped at a later date will be provided in a separate SoW at that time. 4. Data Migration: First Due understands the importance of data migration to our customers and has extensive experience working to migrate historical records into the platform. First Due will use best efforts to migrate applicable data from Customer's existing systems utilizing data migration best practices. This includes: 1. Data Migration Planning Session 2. Assistance/Guidance in extracting data from existing system/s 3. Mapping extracted data to First Due import workbooks 4. Importing of Data into First Due 5. Support: First Due provides Support as part of the base subscription. This includes: 1. Email, Phone, Ticketing System Support Channels and Live Chat 2. Dedicated Client Success Manager 3. Access to knowledge base including online training videos and FAQs Locality Media, Inc. Agreement Apr 2022 Page 9 of 10 Page 55 of 556 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 To: Mayor and Village Council From: Village Manager Allen Date: March 31, 2023 of Tecluesta S s 561-768-0700 www.tequesta.org Subject: Professional Services Agreement; Florida Department of Economic Opportunity Community Planning Technical Assistance Grant -Utility Undergrounding Master Plan The following agenda item is for the preparation of a Florida Department of Economic Opportunity (DEO) Community Planning Technical Assistance Grant (CPTAG) Application for the Fiscal Year 2023-2024 grant funding period. DEO is allocated funding for CPTAGs annually by the Florida Legislature to assist local governments with community planning activities. Kimley-Horn will prepare an application to request funding to offset the costs of preparing a Utility Undergrounding Master Plan. Kimley-Horn will complete the scope of services on a Lump Sum fee basis of $3,500.00. Funding for these services is budgeted and available in account 001-160-531.324. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 56 of 556 Agenda Item #4. Kimley»>Horn February 8, 2023 Jeremy Allen Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 Re: Professional Services Agreement; Florida Department of Economic Opportunity Community Planning Technical Assistance Grant — Utility Undergrounding Master Plan Dear Mr. Allen: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement ("Agreement') to the Village of Tequesta ("Client') for the preparation of a Florida Department of Economic Opportunity ("DEO") Community Planning Technical Assistance Grant (CPTAG) Application for the FY 2023-24 grant funding period. Project Understanding DEO is allocated funding for CPTAGs annually by the Florida Legislature to assist local governments with community planning activities. The Client has requested that Kimley-Horn prepare an application for a CPTAG to request funding from DEO for the FY 2023-24 grant cycle to offset the costs of preparing a Utility Undergrounding Master Plan. Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1 — Grant Application Preparation A. Kimley-Horn will host a virtual kick-off call with the Client to understand project details and budget. B. Kimley-Horn will prepare the grant application request which will include the following components: 1) Letter Request, signed by the Village Manager or Chief Elected Official, that includes: a) The specific project and its importance to the community. b) The product that would be produced as a result of receiving the funding. c) The total amount of funding requested. 2) Scope of Work that describes: a) The deliverables. b) The due date for each deliverable. c) The minimum level of service for each deliverable. d) The anticipated cost or payment amount for each deliverable. Page 57 of 556 Agenda Item #4. Kimley>>> Horn Page 2 3) Budget that outlines the anticipated expenditures by category and whether reimbursement for indirect costs will be sought. C. Kimley-Horn will review the draft grant application request with the Client in a virtual meeting. Kimley-Horn will make one revision to the draft grant application request following the review meeting, if necessary. Task 2 — Grant Application Submittal and Monitoring A. The Consultant will rely upon the appropriate Client representative as the responsible party for signing documents in an expeditious manner in order to meet the application deadline. B. The Consultant will email the grant application request to DEO as required under the grant. C. The Consultant will monitor the evaluation process of DEO and apprise the Client of the status of award notifications. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: In -person meetings 2. Other tasks not specifically outlined above Information Provided by Client Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. Responsibilities of Client In addition to other responsibilities set out in this Agreement, the Client shall: 1. Provide requested materials in a timely fashion as requested by the Consultant, including signing the application and providing it to the Consultant prior to the application deadline. Schedule Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting the 2023 deadline (the estimated deadline is early -mid April 2023). Fee and Expenses Kimley-Horn will complete the above scope of services on a Lump Sum fee basis of $3,500. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Page 58 of 556 Agenda Item #4. Kimley»>Horn CLOSURE Page 3 In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client' shall refer to the VILLAGE OF TEQUESTA. To expedite invoices and reduce paper waste, Kimley-Horn submits invoices via email in an Adobe PDF format. A pa/per invoice can be provided via US`PS upon request. Please provide the following information: f✓ Please email all invoices to Please copy If you concur in all the foregoing and wish to direct us to proceed with the services, please have an authorized person sign this Agreement and return to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. By: Allison Megrath, AICP, CNU-A Chris Towne, P.E. Project Manager Assistant Secretary Attachments: Request for Information; Standard Provisions VILLAGE OF TEQUESTA (ByAignature) U A IV (Name: Printed or Ty ed) (Title) (Date) 0 . I1 a h, 40 4-eA/VP S C�a . 0 /,1 (Email) KAGVL_MISC\New Business\Public Sector\Tequesta12023\ADM\CPTAG\Letter Agreement_ DEO CPTAG Utility Underground Master Plan —Village of Tequesta.docx Page 59 of 556 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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 request from the Village's custodian of public records, 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwilliamsL@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. Page 60 of 556 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 61 of 556 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta S s � COO Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works 561-768-0700 www.tequesta.org Subject: Kimley Horn & Associates Fuel Storage Equipment Invitation to Bid Date: March 27, 2023 The following agenda is a Work Authorization for Kimley Horn and Associates to prepare an Invitation to Bid for fuel storage equipment maintenance, repair and replacement. The Consultant will prepare a scope of work for regular maintenance services to include compliance inspections. The Village maintains a 3000-gallon bulk fuel storage tank and associated equipment at the Public Services facility and a 4000-gallon bulk fuel storage tank at the Public Safety Facility. The cost for this work authorization is $5,000.00 Funding for this work authorization is available in account 001-210.531.302 Doug Chambers Director Department of Public Works Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 62 of 556 Agenda Item #4. VILLAGE OF TEQUESTA ENGINEERING SERVICES WORK AUTHORIZATION INVITATION TO BID PREPARATION FOR MISCELLANEOUS FUEL TANK SERVICES This Work Authorization authorizes Kimley-Horn and Associates, Inc. to perform work set forth herein and is issued pursuant to The Professional Engineering Services Agreement, between the Village of Tequesta ("Client" or "Village") and Kimley-Horn and Associates, Inc. ("Kimley- Horn" or "Consultant"), dated May 12, 2016 ("Agreement"). All terms and conditions of said Agreement are hereby incorporated and made part of this Work Authorization. PROJECT UNDERSTANDING The Village utilizes bulk diesel and regular fuel storage tanks at their Public Services Facility for fleet vehicles. The Village also utilizes bulk diesel fuel storage at their Public Safety Facility for standby emergency generator. The fuel storage equipment requires maintenance that is typically outsourced to specialty contractors and the Village desires to publicly advertise maintenance contract to upkeep fuel storage and ancillary equipment. Accordingly, the Village has requested Consultant prepare the Invitation to Bid (ITB) for such services. SCOPE Consultant will attend one (1) kickoff meeting with the Village. The kickoff meeting will be held virtually via teleconference. Consultant will prepare draft ITB for Village review. Consultant will coordinate with Village staff and purchasing department as needed to prepare the ITB. Consultant will attend one (1) review meeting with the Village. Consultant will address comments from Village staff, purchasing included, and finalize ITB. ADDITIONAL SERVICES Any services not specifically provided for in the above scope, as well as any changes in the scope requested by the Village, will be considered additional services to this Work Authorization and will be performed based on subsequent Work Authorizations approved prior to performance of the additional services. INFORMATION AND SERVICES PROVIDED BY THE VILLAGE Kimley-Horn assumes that all information provided by the Village can be relied upon in the performance of professional services. The following information shall be provided to Kimley- Horn and/or the following services will be performed by the Village. • Additional meetings DELIVERABLES • DRAFT ITB • Final ITB Page 63 of 556 Agenda Item #4. SCHEDULE Kimley-Horn will complete the work set forth herein within 30 days after receipt of an executed Work Authorization and Purchase Order, exclusive of delays beyond the control of the Consultant. COMPENSATION Kimley-Horn will perform the services described in the Scope of Services on a lump sum basis for $5,500. Accepted by: Village of Tequesta Jerem Allen Digitally signed by Jeremy Allen Y Date: 2023.03.08114732 05'00' Jeremy Allen, Village Manager Date: Kimley-Horn and Associates, Inc. Of - Michael Schwartz, P.E., Sr. Vice President Date: 03/06/2023 Page 64 of 556 Agenda Ite �a N W � W a c� W Q F Z LL W p QW > J H 0 a J W N O 0) 7 co N a A) N 2 w 0 Q m N O L U O p p 00o 0 0 0 0 0 aoaoo 0 Cl Cl 0 0000 Cl 0 0 0 0 00000 O p p 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 Ooo Lo cD u) 0000o 0 0 x O Lr moOm N O O N o0000 of O m u� cD F N N N of N N 7 N m N m H%� 'A H} V3 V3 H} 6% 64 64 H3 64 64 ER ER ER EA a O O "otm � O V3 O 64 N EH C � W 64 �o U O LD — CO O cn O fA O O GlJ U � �o C O O O p O O O co O N p N en R A OD ER en o N O U = O co U p O cn O En O O en O (nEn U o U � y O O O N N 7 c N W 7 O U O_ O te Ef3 O � CO o U o m cm) Lo> cD cm)N O Lo En 09 d W 6v O o 0 0 0 O N o .9 O O N oo Lo Lo Ln N o oo V O N(D V m O V N N N Lo N m Ul W Go 603 ER U m 00 d m o 0 0 0 0 C ro `o m v> 6s e3 a) in U O p O O O O O O O O Ln 7 N W N It: O � 0-�� 60 � N N 63 d O C � O fH O fR6e O O to C N a e» m c c o � � U � O N � Q � C m O N V O N O a a m -oo o a m l0 C N O C c U y d O C o Ey m n .o Sam 2 y o u 3� a3io a m 0 o n M p` a u o E o a) yCj '; c o y aca m U ao m o r Q L L m w o- � o E a m o O E � - ._ U r p U m N o L)- p Q o m o m N j o O in O E N 0_ U O m (n a) m a) m o 0 m N— LL O N N M m U U 7 [a Yd O 1 ��'��' O �2K O U)LL2d O N H N N m V~ m N m~ V N m V~ , Y Y N N N N N Y m m m m Y V V V V N m cn m U) m U) m Page 65 of 556 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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 request from the Village's custodian of public records, 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwilliamsL@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. Page 66 of 556 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 67 of 556 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 of Tecluesta `vy'0A a s 561-768-0700 www.tequesta.org Date: March 31, 2023 To: Jeremy Allen, Village Manager, Through: Marjorie G Craig, PE, Director, Utilities Department From: Nathan Litteral, Water Treatment Superintendent Re: Consider Approval of an Agreement with Pace Analytical Services, LLC, for $6,012 to Conduct Pre-screening Sampling for the Upcoming UCMRS (Including PFAS) Requirements and Approval of a Budget Reallocation The Village of Tequesta Utilities Department (UD) recommends approval of an agreement with Pace Analytical Services, LLC, (Pace) for $6,012, to perform voluntary sampling in advance of required sampling by regulatory agencies, including the Environmental Protection Agency (EPA), in December of 2023. This sampling will be required for the "Fifth Unregulated Contaminant Monitoring Rule" (UCMRS) for various analytes including PFAS. The Village UD wants to proactively initiate PFAS sampling to determine if there is any present in our source water wells. The UD had budgeted $3,500 for FY23 in anticipation of this sampling, but the actual cost of $6,012 came in at $2,512 higher than budgeted. In order to cover this shortfall, $2,512 will be reallocated from line item "Other Miscellaneous," which is typically used to cover extra sampling, analysis, or re -testing for items such as bacteriological samples due to main breaks or other unanticipated sampling requirements that may have to be redone for any of a variety of possible reasons. The scope of work includes: • Pace will physically collect the samples, since the PFAS limits are anticipated to be set at four (4) parts per trillion, and the margin of error and possibility of re -sampling could be high • A sample will be taken at the collection header from the surficial wells • A sample will be taken after the surficial well water is treated through the filter plant • A sample will be taken at the collection header of the upper Floridan aquifer wells • A sample will be taken after the upper Floridan aquifer well water is treated through the reverse osmosis plant • Depending on the results, additional sampling may be warranted to determine any presence of PFAS at individual wells Please see the attached budget breakdown for laboratory services from the water fund account 401-242- 531.342 Water Analysis & Sampling and the recommended reallocation to bridge the funding gap. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 68 of 556 Agenda Item #4. �r s O 4- tw C a E M ul tL0 C Vf -0 U lY Ln lY fC O V Q � C a E U 3 a D E N w tw Q 4- 0 UD C a E M V) c co 4' v ?' t10 (B � C 7 Q m L aj v L 4• 7 � +� N 0= � a, M O_ a w � w M t � nn 1.f1 m r N M L N N O � O � qp O � N O 00 � r__ {"• 00 o trr 00 00 M to to to E t� w cc V) --- N N (D +, Z Z u1 Z Ln 3 cts rr 0 t v (D N MI.N_ w ro 00 O 0000 Vl- yr a0 L Ol c-I O O aJ -1 M lD c-I -0 M t/l. V)- 1�t to Et/} u C W M M N O O M O '.D ri O O 00 01 m O O O N " -a —Z ko k. Lri Sri V 3 ro -Ln -kn t/T -Zn Ln w m •O 'a M N .3 6�L Q N O O O t/} O O U p O o �r1 0 Lr 3 N m r1i�t t/) t/]- M N LL �- CL M a N LA 7a v H O O N .- 4J 3 O a1 Ln U CL U v � c 11) E s > z (n O w O m Vf V) (D Q 0 ; L aJ z 0 Z z H J f0 V1 i► a tZ J A W O O a O ra V L a L L 7 0 t) 06 E v `� � }�- o � N � — u a — Vf � _ Ln L > O u u Q � L r6 U L L u m Q U Q N Li m �- 'L U Qi �..r a� L J L a1 Q D-O u V a w z t O u c-I N M Ln 73 E O E N co +� c � E V � O ro a� 1 s= E ro L � aJ � (U ti bD O N a7 O O C '� > U — cV) G L � a) U O E 00 O O n U rNi v > rI to 0 0 > E v a, hA -C 4J U O �O � to L co a' L - 3 O L O h to t O Q tvD M O C M V a) 3 _L ra = Q L � 4 U U r6 L Z) 3 %n a, - E bD t +� C an +� C C: L aJ 0 O E +1 V 0 0 N M ai c I O ea N c0 L a C O 4J tw M Ln N s= tj)- a) M u 0 O >. • Page 69 of 556 Agenda Item #4. (�ce UCMR 5 Price Quote Quote Prepared for: Village of Tequesta 901 N. Old Dixie Hwy. Tequesta, FL 33469 USA Budgetary Estimate Name: 00132991 - Tequesta UCMR 5 Pre Screen 03032023 Pace® Contact Information Account Executive Mike Valder mike.vakter@ pacelabs.com (813)340-8100 Project Information PWS ID#: Sampling Dates/Sampling Schedule: Project Location: Shipping Information: UCMR 5 container set and shipping to client by FedEx Ground is included. Also included is sample shipment back to Pace by FedEx Standard Overnight for weekday delivery. Turn Around Time (TAT): EPA requirement is 90 calendar days from sampling date. Pace TAT is typically <25 business days. Rush surcharges may apply. Certification Requirements: US EPA EDD Requirements: Data uploaded into EPA CDX SDWARS by Pace Report Level: UCMR 5 Special Instructions: Nate Litteral (561) 786-0493 nlifteral@tequesta.org Reference Number: 00132991 Project Manager FL4501438 Single Sampling Event FL 4 Sampling locations Tequesta wants pre survey data for UCMR 5 methods. o Sample from the untreated groundwater header (manifold where all the water from the 10 wells comes into) o Sample from the untreated upper Floridan aquifer water — just to rule it out o Sample from water treated through the filter plant o Sample from the water treated through the reverse osmosis plant Minimum Laboratory Fee Waived Quote Details 8 East Tower Circle Ormond Beach, FL 32174 Phone: 386-672-5668 Fax: 386-673-4001 Page 70 of 556 Agenda Item #4. (�ce 8 East Tower Circle Ormond Beach, FL 32174 Phone: 386-672-5668 Fax: 386-673-4001 Drinking 4.00 200.7 UCMR 5 Metal: Lithium $50.00 $200.00 $200.00 Water 4.00 EPA 533 Dunking UCMR 5 Per- and Polyfluoroalkyl $350.00 1$1,400.00 $1.400.00 Water Substances (PFAS) Drinking UCMR 5 Per- and Polyfluoroaklyl 4.00 EPA 537.1 $300.00 $1,200.00 $1,200.00 Water Substances (PFAS) EPA 533 Field UCMR 5 533 Field Reagent Blank 4.00 $350.00 $1,400.00 $1,400.00 FRB Blank (FRB)' EPA 537.1 Field UCMR 5 537.1 Field Reagent Blank 4.00 $300.00 $1,200.00 S1,200.00 FRB Blank (FRB)' Drinking 12.00 Sample Disposal Per DW Sample $6.00 $72.00 $72.00 Water Environmental Impact Fee (Per 1.00 Per Invoice S25.00 $25.00 325.00 Invoice) Pace Pompano Single Sampling 1.00 Field Sampling Services S515.00 $515.00I $515.00 Beach Grand -Total $6,012.00 *Notes on UCMR 5 Field Reagent Blanks (FRB) UCMR 5 Field Reagent Blank (FRB) - if any Entry Point sample result is greater than or equal to the reporting limit then FRB analysis is required by EPA and is billable. If not, FRB handling/disposal fee is charged at $125 each. For your project and budget planning purposes, Pace estimates that analysis of at least 70% of all FRBs will NOT be required. Additional Pricing Considerations Pace Analytical is U.S. EPA approved for UCMR testing and certified for drinking water compliance monitoring in all 50 states, Puerto Rico, U.S. Virgin Islands, and Guam. If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative. In accordance with mandatory EPA specified UCMR 5 requirements under certain conditions resampling is required. The cost of a resampling container set ($150) will be borne by the client for reasons not caused by Pace Analytical. Examples include: • Samples received at the lab outside of the EPA required temperature range (2°C-10°C). • Presence of Chlorine. • Samples received broken. • Sample containers received not filled to the neck of the container. • Samples taken from wrong site, and samples taken from a site for incorrect parameters. Please note: • Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise. • TAT (Turn -around Time) is in working/business days unless otherwise specked above. • Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices. • Sample containers can't be reused by the lab once they have been distributed to a client. Pace reserves the right to charge for returned unused containers. Pace Analytical appreciates the opportunity to be of service to you. Please call your Pace Account Executive or Project Manager referenced above for any questions concerning this estimate. Pace® Analytical Terms and Conditions Page 71 of 556 Agenda Item #4. 8 East Tower Circle Ormond Beach, FL 32174 Phone: 386-672-5668 Fax: 386-673-4001 ace These Standard Terms (Terms) govern all services that Pace Analytical ("Lab") will perform on behalf of ("Client"), and supersede any other written provisions (including purchase/work orders) related to the services, as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similar services already exists between the Lab and Client (collectively "the Parties), or the Parties subsequently agree to terminate or amend these Terms, as allowed in Section 10 and 12, respectively. 1. Definitions: Chain of Custody (COC): A document evidencing the collection, handling, delivery, etc. of a sample or Sample Delivery Group Holding Time: The maximum amount of time a sample may be stored before being analyzed. Sample Delivery Acceptance (SDAI: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced by either a notation on the Chain of Custody or an entry in the Lab's information management system (LIMS). Sample Delivery Group (SDG): A set of samples normally shipped and reported to the Lab as a group. Turnaround Time (TAT): The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated from the date of SDA. 2. Client's Obligations: a. To initiate Lab's services, Client must reference a quotation number (if applicable) and complete one of the following steps: i. Submit a completed purchase order by: 1. hand (i.e., in person) 2. mail, or 3. e-mail; or ii. Place an order by: telephone e-mail, or delivering a sample (or SDG) to Lab and completing the COC b. Subject to occasional, mutually agreed -upon exceptions, Client must give five (5) days' prior notice for each sample delivery and provide the following information: i. Name of the responsible project manager ii. Name of the person submitting the sample iii. Name/location of collection site iv. Date and time of collection v. Specific testing being requested, and vi. Sufficient details about reporting requirement(s). Client shall also: i. Remain liable for any loss or damage to sample(s) until SDA (including that which may occur as a result of third -party shipping delays) ii. Pay all invoices in full on a net 30 basis or as otherwise agreed in writing iii. Notify Lab about any disputed charges or results within 30 days of receiving applicable invoice iv. Reimburse Lab for any costs' related to delinquent payments v. Demonstrate its (or, if applicable, the Prime Client's) creditworthiness by accessing the following link: https://www.pacelabs.com/my-account.htmI and clicking on "Client Profile Information." (Note: Client must pre -pay for services pending completion of this process and Lab's approval of a credit line.) vi. Pay for any services it orders on any already analyzed sample vii. Obtain Lab's written consent before assigning billing or payment of Lab services to any third party, (failure to do so shall mean Client remains responsible for the payment of any outstanding balance) viii. Refrain from using any of Lab's supplies (e.g., containers) in connection with any non -Lab work ix. Ensure that any sample(s) containing any known hazardous substance is (are) labeled, packaged, manifested, transported, and delivered to Lab in accordance with all applicable regulations x. Obtain Lab's prior written consent before publishing Lab's name and/or any data xi. Reimburse Lab for any out -of -scope services and related expenses (e.g., defending its analytical results or responding to a subpoena for documents and/or expert testimony) xii. Excuse Lab for any failure or delay in its performance caused by someone or something outside its control, e.g., a third party or "Force Majeure" event or circumstance, such as natural disasters or government shutdowns, and xiii. Accept responsibility for any claims, damages, losses, expenses`, etc. to the extent caused by Client's: breach of these Terms; negligence or willful misconduct (includes Client's use of Lab data for anything other than the specific purpose for which it was intended), or violation of applicable laws. 3. Lab's Obligations: Lab shall: a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionally recognized standards. b. Identify on quotation if services will be sent to another Lab location or to a third party. c. Promptly notify Client of any: i. Missing sample or otherwise compromised sample(s) ii. Significant delays or other issues affecting Lab's services, or Page 72 of 556 Agenda Item #4. ace 8 East Tower Circle Ormond Beach, FL 32174 Phone: 386-672-5668 Fax: 386-673-4001 iii. Subpoena or similar demand for Lab compliance d. Maintain high -quality services. e. Prepare and keep accurate records. f. Obtain/maintain any permit(s), license(s), or certification(s). g. Charge its fees on a net 30 basis (unless otherwise agreed). h. Impose a one and one half percent (1.5%) per month late charge on any unpaid balances. i. Assess a two and one half percent (2.5%) surcharge on any payments made by credit card. (Client can avoid this charge by paying with a debit card, an e-check/check by phone, a wire transfer, or an ACH payment.) j. Invoice Client for each sample or SDG as reported. k. Assume risk of loss or damage to any Client sample(s) upon SDA. I. Initiate analysis within established holding times — so long as SDA occurred within 48 hours of collection or the first half of the maximum allowed holding time. m. Indemnify Client for any claims, damages, losses, expenses", etc. to the extent they were caused by Lab's breach of these Terms, negligence or willful misconduct, or the negligence and willful misconduct of persons for whom Lab is legally responsible. n. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability or fitness for a particular purpose. 4. Lab's Discretionary Actions: Lab may: a. Cease all services, including any release of data, if Client does not pay as agreed b. Reject or rescind any SDA if Lab decides sample poses a risk c. Charge or bill Client directly for: i. Any supplies (including containers) that are not used or returned ii. Expedited outbound/return shipping for any sample that is not time -sensitive iii. Disposal of any air samples that have not been reclaimed within seven (7) days of Lab's SDA thereof iv. Disposal of any other sample not been reclaimed within 21 days of Lab's SDA thereof, or as otherwise required v. A minimum fee for invoicing and/or handling any sample vi. A sample that underwent SDA, but was not analyzed, at Client's direction vii. Additional shipping and handling as deemed necessary viii. Change in scope and/or rescheduling fees ix. Minimum fees or additional surcharges as necessary x. Reasonable attorneys' fees xi. Project resampling related to missed deliveries, etc. xii. Off cycle pricing increase dictated by the market xiii. Any request for re -analysis following release of the report if the results are within the variability of the method (or acceptable parameters) d. Return unused portions of samples found or suspected to be hazardous to Client, at Client's cost. e. Retain Client's unreleased data and/or cancel Client's web portal access pending payment in full. f. Increase prices on an annual basis to support market -driven cost -increases. 5. Multiple Dilutions: Lab will report a single value for each analyte based on the most appropriate analysis or dilution for that analyte. Based on general screening where appropriate, samples will be reported on a dilution -only basis due to concentrations of target analytes present. Lab may attempt a 10-fold more concentrated analysis if practicable. Client may also request and pay for additional dilutions if practicable. 6. Dry Weight Correction / Percent (%) Moisture: Consistent with all applicable reporting methods, Lab will automatically analyze any solid sample (soil) for % moisture to allow for dry weight correction and charge accordingly. If "wet weight" reporting is requested by the client or the regulatory agency, Lab will maintain the charge for dry weight correction even if the results were not corrected for the applicable reporting criteria. 7. Confidentiality: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or confidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agents who have expressly agreed to maintain confidentiality. 8. Governing Law: These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to the principles of conflicts of law thereof. 9. Term: The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated in accordance with Section 10 below 10. Termination: a. Either party may terminate these Terms upon 30 days' prior written notice. b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab's dated invoice. 11. Limitation of Liability: Page 73 of 556 Agenda Item #4. (�ce 8 East Tower Circle Ormond Beach, FL 32174 Phone:386-672-5668 Fax:386-673-4001 a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab's aggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services. b. This limitation shall not apply to any Client losses arising from Lab's negligence or willful misconduct, so long as Client: i. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same. c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitive damages. 12, Amendment/Change Order: Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless reduced to writing and signed by both Parties. 13. Storage of Data: Following final report issuance, Lab will retain back-up data and final test reports for ten (10) years in a format from which the data and/or test report can be reproduced. 14. Intellectual Property: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while performing services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same. 15, Non -competition: Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services governed by these Terms. 16, Non -assignment: Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the other party, except that Lab may freely transfer the services to another Lab location or, with Client's permission, subcontract the services to a third -party. 17. Insurance: Lab carries insurance with the limits of coverage as indicated below and will, upon Client's request, submit certificates of insurance showing same. a. General Liability - $1,000,000 each occurrence; $2,000,000 general aggregate; b. Personal and Advertising Injury - $1,000,000; c. Automobile Liability - $1,000,000 combined single limit; d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence; e. Workers Compensation Insurance - statutory limits; and f. Professional Liability $5,000,000 aggregate, $5,000,000 per claim. 18, Miscellaneous Provisions: a. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client. b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and any amendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms. c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent, servant, employee, or partner of the other. d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns. e. Lab's compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties. f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms. IN WITNESS WHEREOF, Client and Lab have executed this Agreement through their duly authorized representatives as of the last date below: Paou Analyti .l IBy: 1&" Name. Bryce Roselli Title .9alas Dpvalnpmant Representative Data. 03/14/2023 (� [Client \1 ,��SC O c1 ��✓��,� By: Name Title: Date: 'May include reasonable attorney's fees Quote Prepared by: Bryce Roselli bryce.roselli@pacelabs.com Page 74 of 556 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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 request from the Village's custodian of public records, 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwilliamsL@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. Page 75 of 556 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 76 of 556 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 TO: FROM: DATE: SUBJECT: Council Members of Tequesta S s R ��r ♦,lCh COUNty Jeremy Allen, Village Manager Greg Corbitt, Parks & Recreation Director March 14, 2023 561-768-0700 www.tequesta.org Playmore Quote for Skate Park Shade Replacement Project Please find attached Playmore Quote #18096 for the Skate Park Shade Replacement project in Constitution Park. The project includes the removal of the old shade and the installation of the new shade. The old shade requires replacement due to storm damage. The total price is $3, 844.19. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 77 of 556 Agenda Item #4. 10271 Deer Run Farms Road, Suite 1 QUOTATION Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free 02/16/23 PlAYMORE www.playmoreonline.com Job Number: 18096 Recreational Revision: Client: Village of Tequesta Job: Skate Park Shade Replacement Products & Services 399 Seabrook Road 399 Seabrook Road Tequesta FL 33469 Tequesta FL 33469 Contact: Greg Corbitt Phone: 561-254-5251 Fax: Email: gcorbitt@tequesta.org Sales Rep: Kevin Furman Terms: Net 30 Item Description Quantity Cost Subtotal 1 Equipment Apollo 16' x 25' Replacement Cover w/ Cable & Hardware Discount School District of Manatee County 21-0053-MR 2 Freight Freight Freight 3 Installation Installation Take Down Old Shade and Install New Notes: 1 $1,927.00 $1,927.00 -1 $57.81 -$57.81 Subtotal: $1,869.19 1 $175.00 $175.00 Subtotal: $175.00 1 $1,800.00 $1,800.00 Subtotal: $1,800.00 Grand Totals: $3,844.19 Page 1 Page 78 of 556 Agenda Item #4. PLAYMORE Recreational Products &Services 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com Client: Village of Tequesta 399 Seabrook Road Tequesta FL 33469 QUOTATION 02/16/23 Job Number: 18096 Revision: Job: Skate Park Shade Replacement 399 Seabrook Road Tequesta FL 33469 General Terms: Acceptance by a signature, purchase order, or contract based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal, including the following: • Prices are valid for 30 days, unless otherwise noted. After 30 days, prices are subject to change without notice. • Sales Tax will be charged unless a valid Sales Tax Exemption Certificate is presented with order. • Specify all colors and options in writing. Any discrepancies that arise due to oral selections will be the responsibility of the customer. • If the customer is installing equipment, all equipment is to be installed per manufacturer's instructions and applicable guidelines. • Installation, site work, permits, engineering, etc. are not included unless noted. Building Permits: Building permits are the responsibility of the owner. If a building permit is required for your project, the following options are available. • Add 5% (minimum $2,500) to the quotation/contract price. Playmore Recreational Products and Services will cover the costs of all the building permit fees and expeditor fees. • Playmore Recreational Products and Services can assist the customer in obtaining their own permit. Customer is responsible for all fees directly to the permitting agency and/or the expediting company. NOTE — All zoning, planning, health, environmental, architectural, etc. permits, reviews, and approvals are the responsibility of others as well as any required site plans or other supporting documents. If signed and sealed engineered drawings are needed for the installation of equipment, this will be included on the proposal. If it is omitted and later discovered necessary, the cost will be the responsibility of the customer. Standard Services Include: • Shipping Notification/Receiving Instructions • Pre -Installation On -Site Meeting • Public Utility Check (Sunshine State One Call) • Accept Delivery and Unload Equipment • Moving New Equipment at Job Site • Layout of Equipment • Installation of Equipment per Manufacturer's Instructions • Trash Clean Up (Leave on site.) • Post -Installation Walk Through • Maintenance Explanation Customer Responsibilities (unless otherwise noted in the applicable quotation/contract): • Trash Disposal — Dumpsters or Off -Site Disposal. • Accept Delivery and Unload Equipment if site is not ready. o $1,000.00 Charge will apply if Customer wants Installers to Unload. • Provide Area for Storage and Staging. • Secure Site and Equipment. Page 2 Page 79 of 556 Agenda Item #4. PlAYMORE Recreational Products 8c Services 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com Client: Village of Tequesta 399 Seabrook Road Tequesta FL 33469 QUOTATION 02/16/23 Job Number: 18096 Revision: Job: Skate Park Shade Replacement 399 Seabrook Road Tequesta FL 33469 Some Optional Responsibilities (Must be clearly outlined in the applicable quotation/contract): • Removal of Existing Equipment. • Site Preparation, Grading, Drainage Systems, etc. • Private Utility Locates • Engineered Drawings for Purchased Equipment. • Other Permits or Engineered Drawings (i.e. zoning permits, environmental permits, site surveys, etc.) "Any other responsibilities must be clearly outlined in the applicable quotation/contract. General Notes (All apply unless changes noted in quotation, purchase order, or contract) Warranties. All equipment, surfacing, and installation is warrantied by Playmore for a period of one year from substantial completion date. After one year, any additional manufacturer's warranties will remain in effect. Manufacturer's warranty claims to be processed by manufacturer. Playmore assumes no responsibility for these additional warranties. Access/Utilities. Access must be provided to the installation area for heavy trucks and equipment. Access of equipment and personnel is the obligation of the customer to provide until the project is fully completed. We will take every precaution to avoid damage, however any damage caused by the normal installation of our product, such as to sod, concrete sidewalks, private underground utilities, etc., will be the responsibility of the customer, as will any additional costs associated with limiting damage, such as providing plywood over sod for access. If access is not reasonably close to the jobsite, any additional costs incurred due to having to transport materials and/or supplies will be the responsibility of the customer. RocWForeign Object Clause. Most installations require digging of holes and footing equipment in concrete below finished grade. Removal of existing ground covers such as asphalt, concrete, tan bark, sand, pea gravel, wood fiber, rubber matting, poured -in -place rubber surfacing, or any other material that interferes or delays the digging of holes, is the responsibility of others, unless otherwise noted. If excessive underground obstructions such as rocks, coral, asphalt, concrete, pipes, drainage systems, root systems, water, or any other unknown obstructions are discovered, charges will be added to the original proposal. Playground Surfacing. All playground equipment is to be installed over safety surfacing per CPSC guidelines and ASTM standards. If the customer contracts for something contrary to the guidelines, they are accepting all responsibility for any liability and future litigation that may arise. Acceptance Signature. X Datel I I a3 P.O.#: Page 3 of 3 Page 80 of 556 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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 request from the Village's custodian of public records, 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwilliamsL@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. Page 81 of 556 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 82 of 556 Agenda Item #4. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta r 561-768-0700 www.tequesta.org Date: April 3, 2023 To: Jeremy Allen, Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department From: Nathan Litteral, Water Treatment Superintendent Re: Consider Approval of Underwater Solutions Inc., Agreement for $8,572, for Routine Inspection, Interior Cleaning, and Sediment Removal of the Village's Water Storage Tanks The Village of Tequesta Utilities Department recommends approval of an agreement with Underwater Solutions, Inc., to perform required routine Florida Department of Environmental Protection (FDEP) water tank inspections and sediment removal. These tank inspections and maintenance are required by FDEP per the Florida Administrative Code once every five years. The resulting reports are to be kept onsite and made available to FDEP staff upon request. The quote from Underwater Solutions, Inc., for $8,572, was the lowest of three quotes from three qualified commercial diving service companies. The three quotes for the work were as follows: VENDOR QUOTE 1 Liquid Engineering $11,000 2 In Depth Inc $9,450 3 Underwater Solutions, Inc.* $8,572 *selected for the work Utilities Department staff recommends approving the agreement for $8,572 with Underwater Solutions Inc. The budget table for the Operating Expenditure Budget, Water System Maintenance under 401- 242-546.342 is attached. Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Seat 5 - Vacant Village Manager Jeremy Allen Page 83 of 556 Agenda Item #4. L E E GJ co W M O I- n O lD 00 LD O r� M tD Ol Ol -:T 0 N NN Ql V1, O w cyi 0 N C O 0 -1 Ln vi. 00 M N 00 O 00 rl VF E E N Q Q Q Q Q N Q Q Q N a+ Ln a-+ Z Z Z Z Z M Z Z Z N ul 06 Ln 06 06 w w GC OC H H t t I� 0 M M O ;:1- N lzt O M n M O LQ trh I, n O tr? M M dN d LD lfl <D n Lr Lf 00 N n Lr) cq Ln 00 O-A n 4 1 41 O 0) all 't In I.D M D l0 M M � 7 3 v u W ui O O O O O O O O O O O O O O O O O O 0 t/1 O O y O y O O O O O O O O O OA LA O0 O Ln Ln Ln Ln LM Ln Ln LA M "a -1 i/? i/? -1 -1 ei rl ri M 7 in 3 i/? i/i t/? V1. i/? V/ V). m m M M } U. U. U. U 4- N 0U�Y 15 a1 > C 0 C O Q 0 V1 co 1(L6 y Vf N 0 N Q y� u U v U a w U v x U u a w U a x U ai V)i U C C C C C Y C C M C C a .� o C 415 .� o C ,� a C y � U � 11J LL Y NQ 6 C Y C � Y' C Y a) C a+ C LL C f6 C f6 C f6 MMM E�ELE�Eu E— E-�o vo�-0 v � �� W C O o ca K U o U 0 0 0 ai [C C C f6 [C 0 y OC i 0 v K C. o CC C o v [C C J LU u p Z Q ~ c Z ui M 06 M E v i 7 Q N 0YJ of c �Gy 4v Lnc 5 N �G Q O2S Ln 06 E O +� LnL N 06 m m v~i a 0 Li aai u 06 c — } � I > i M Ln MOC a! U T N � -0 00 _ In � a)LU U U EL M N Q ti a) +J i v 0 °�' tlA 2 v (N W ?, U (A LU W c-I N M Ln l0 Il 00 M i Page 84 of 556 Agenda Item #4. AGREEMENT USI-000817 Revised 03108123 BETWEEN UNDERWATER SOLUTIONS INC. AND THE VILLAGE OF TEQUESTA WATER TREATMENT PLANT, TEQUESTA, FL FOR INTERIOR CLEANING (SEDIMENT REMOVAL) OF THE 750,000-GALLON (TANK#3), THE 2-MILLION GALLON (TANK#4) CONCRETE WATER STORAGE TANKS AND THE 50,000- GALLON CONCRETE CLEARWELL AS FOLLOWS: Village of Tequesta Water Treatment Plant, Tequesta, Florida agrees to have Underwater Solutions Inc. perform the above mentioned work as per the conditions/terms and costs stated on the proposal dated March 8, 2023. PERSONNEL: Divers / Tenders Complete Sterile Inspection/Cleaning Dive Station SUBMITTALS: Free unlimited 24/7 access to USAM Cloud for 1-year upon completion of the work. *Hard copies of your reports can be printed directly from this cloud platform. HEALTH & SAFETY: All work orders are automated specific to job task. Task specific safety forms, PPE and personnel roles are submitted daily. Full health and safety plans are available upon request. COST: While mobilized in Horida; 2023, 2 days: Inspect/clean (sediment removal) up to 2" of sediment, 3 tanks, one mobilization: $8,572.00 The following add -on services can be provided for the cost listed below: ❑ Ultrasonic Thickness Testing: $390.00* ❑ Real -Time Video with DVD: $390.00* ❑ Filter bag(s) & capturing of sediment: $275. /per bag ❑ Kasco® Active Mixer: Inquire Within ❑ Disposal: Cost + 20% Markup ❑ Installation of Mixer. Inquire Within • Price includes Underwater Solutions Ina providing a Florida State P F_ Signature on all inspection reports. • Sediment greater than 2" may require additional time onsita Should Underwater Solutions Inc. be required to spend additional time beyond the two (8)-hour days allotted for the inspections and cleaning, then the following hourly rate will be incurred for any such additional time needed to complete this inspection/cleaning: 5465/per hour beyond 8 hours or if additional days are needed, $4,2864ay. • Please have this structure as full aspossible for both safe entry and to allow for suction on pumps for sediment removal process. Typically, USI requires the water be no more than 10-15 feet below overflow level. However, per OSHA guidelines if the structure to be inspected and cleaned is a standpipe exceeding 100' the water level within the structure will have to be lowered and maintained between 97'-99' at all times throughout the inspection and cleaning. • Please have a discharge location available at project commencement You will be required to sign off on the selected discharge location once our crew arrives. Should capturing or sediment, dechlorination of water or another means of discharge be required, we will need to know at this time- Additional discharge options may incur an additional fee, • Please make sure access roads, gates and sites are suitable for a truck and trailer to navigate. TERMS AND CONDITIONS. *All sites must be maintained to allow a truck and trader to mobilize to within 25' of the tank, allowing access around the circumference of the tank, and have good, sound ladder access to the rooftop. *All entry hatches must function allowing internal access to each tank and personnel must be available to mobilize to site locations. If this structure or any structure to be inspected have only bolt -on entry hatches, these bolt -on entry hatches must be removed prior to our arrival and re -secured by the customers personnel at the completion of this project. The term "cleaning" refers to the removal of accumulated precipitate, Services beyond the removal of precipitate in terms of cleaning may incur an additional cost It is the responsibility of the customer to provide Underwater Solutions Inc. with a location for discharge for all cleaning projects (sediment removal) Note: The term "one mobilization"refers to allowing Underwater Solutions Ina access to all site(s) at aAtimes throughout the project Should operations not allow for complete access to all site(s) throughout the entire project, an additional charge shall be incurred *I understand that in the event that the above - referenced terms and conditions are not met upon Underwater Solutions Inc. arrival on -site, the above hourly rate shall be incurred until such time that the terms and conditions are met, and Underwater Solutions Ina is able to commence operations BY SIGNING BELOW, I AM ACKNOWLEDGING THAT I HAVE READ AND UNDERSTAND THE ABOVE STATED TERMS AND CONDITIONS OF THIS AGREEMENT. PAYMENT TERMS: PAYABLE UPON RECEIPT OF INVOICE * ACH PAYMENTS PREFERRED (Please contact our office to make arrangements) IN ACCEPTANCE OF AFOREMENTIONED AGREEMENT: UNDERWATER SOLUTIONS INC. Signature of Authorized Representative President March 8, 2023 Title Date Jeremy Allen Digitally signed by Jeremy Allen Y Date: 2023.03.09 09*4209 -05'00' Village of Tequesta Water Treatment Plant, Tequesta, Florida Signature of Authorized Representative Title Date Aged 4. NDERMTER OLUTIONS '"WSINC Capabilities and Qualifications Underwater Solutions, Inc. www.underwatersolutionsinc.com A M WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 86 of 556 Aged 4. NDERWATER OLUTIONS ,UWSINC Table of Contents 1. INTRODUCTION 2. COMPANY HISTORY 3. SERVICES AND CAPABILITIES 4. KEY PERSONNEL 5. HEALTH AND SAFETY 6. REGISTERED STATES 7. REFERENCES Underwater Solutions, Inc. provides quality asset inspection services with fast results, and professional consultation to help prioritize, repair, and maintain assets at the most reasonable price. WATER INFRASTRUCTURE SPECIALISTS •P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office(ci)underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 87 of 556 Aged 4. NDERWATER OLUTIONS '"WSINC 1. INTRODUCTION A M Underwater Solutions, Inc. (USI) has been in business for over thirty (30) years and is a small, local, family -owned, second -generation business that takes great pride in serving the water industry not only here in New England but throughout the United States. USI specializes in inspections, maintenance, renovations, and asset management of critical water infrastructure to include water tanks, surface water intake pipes, water and wastewater plants, filters, and clarifiers. USI has inspected and cleaned thousands of water storage tanks and have installed hundreds of mixers for both private and municipal customers throughout the country. The first in-service inspection by USI was performed in 1990 and the company was incorporated in 1992. The company is now registered in twenty-three (23) states throughout the country. With over thirty (30) years in business, the company has a corporate office in Mattapoisett, MA and a Service Center in Assonet, MA. Plans are currently underway for opening a service center in Florida. To better serve our customers, USI has partnered with industry leaders to enhance our service offerings for improving water quality and asset maintenance and preservation. Partners include Kasco® CertiSafe Mixers for NSF approved active potable water storage tank mixing solutions and Panton McLeod for the NSF approved PantoniteTM chemical to clean tanks, filters, media, and other structures. USI has established a partnerships with R.J. Forbes Painting Contractor Inc in Attleboro, Massachusetts and Mass Tank in Middleboro, Massachusetts allowing us to offer premier 6CERT,SAFE by Kasto Panton MPLeod coating maintenance and renovation services. USI has specialized in house maintenance crews for making necessary improvements and repairs to assets. USI also has experienced project managers and consultants that support scope of work development and project delivery. As a leader in the water industry, in 2021 Underwater Solutions Inc. launched USAM, the first -ever automated infrastructure asset management platform to help municipalities track and manage their water assets. USAM's secure platform provides clients with access to all inspection reports, asset attributes, live mapping of structures, historical records and more. The platform is designed to provide seamless communication and full transparency to inspect, repair and upgrade all aspects of your structure and serve as a valuable Asset Management tool. USI routinely strives to grow in capacity and capability as it maintains its position as an industry leader. As a small company with decades of experience USI offers exceptional customer service and cost-effective solutions for water asset maintenance. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 88 of 556 Aged 4. NDERWATER OLUTIONS '"WSINC 2. COMPANY HISTORY A M Underwater Solutions, Inc. was born from Water Solutions Consultants, a water quality firm based out of Massachusetts, specializing in phosphate sales, consultation, and implementation of treatment -related products/chemicals. Deriving particularly from the Clean Water Act and the need to inspect and remove sediment that was sequestered from the use of polyphosphates without removing structures from service, Underwater Solutions, Inc. (USI) became the first -ever in-service potable water inspection firm in the United States. Since our Incorporation in 1992, Underwater Solutions Inc. has been solely committed to the drinking water industry, completing inspections and sediment removal for nearly 10,000 City, State, and Federal entities in over 20 States, with some being the largest utilities in North America. Over the last decade, Underwater Solutions, Inc. has evolved to an all-inclusive provider for nearly all products and services needed for raw, partially treated, and fmished drinking water infrastructure. We have established several crews dedicated strictly to maintenance to include, environmentally friendly exterior pressure washing, interior NSF -approved chemical washing, installation of tank components such as manways, hatches, vents, piping retrofits, and safety components, and full interior/exterior recoating. All tasks completed are done so with a water quality mindset, as we have several on -staff certified water operators that are engaged in covering all bases when dealing with the intricate aspect of the client's operations so that they are uninterrupted when on your site. Underwater Solutions, Inc. also has exclusive rights to Kasco® CertiSafe Active mixers in (11) states, which have proven through laboratory results to be the most effective mixer on the market. Underwater Solutions, Inc. (USI) has invented what we feel is the most intricate automated system in the industry. This system uses custom digital work orders for each task completed for the client. All data, reports, photos, and videos are stored in a centralized platform that gives the client full access and transparency of services completed. Our program is designed to gather metadata that can be processed instantly to generate long term asset management plans based on the specific needs of the structure. Given our 30-year history specific to water quality and water infrastructure, combined with our organic growth over the last decade to include providing all products/services relative to municipal water systems by use of our innovative automated system, we feel that we are best suited to handle all asset management needs both professionally and efficiently. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 89 of 556 Aged 4. NDERWATER OLUTIONS '"WSINC 3. SERVICES AND CAPABILITIES Underwater Solutions Inc. is an all-inclusive water infrastructure specialist. USI provides the following services: • In -Service inspection and cleaning • Professional, state compliant inspection reports • Out of Service PantoniteTM chemical cleaning and pressure washing • Active mixer sales and installation • Data/Document management • Interior relining • Exterior pressure wash cleaning • Exterior coating • Coating maintenance • Installation and replacement of safety equipment • Installation and replacement of sanitary equipment • Installation and replacement of security equipment • Tank Maintenance and Asset Management Consultation A M USI provides both long term and short-term solutions to a wide variety of customers in relation to: • In service diving inspection and cleaning: The specialized diving methodology is the most preferred method amongst thousands of municipalities across the United States. Diving presents the option of cleaning sediment without draining the tank. Removing sediment reduces risk of microorganism bacteria growth, increased chlorine demand and impaired water quality. Diving requires professional certification and paramount safety practices. A diving inspection provides options over an ROV to include cleaning sediment, addressing repairs, troubleshooting, or fixing a mixer, all without having to drain the tank. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 90 of 556 Aged 4. NDERMTER OLUTIONS '"WSINC A M • Routine inspections: USI performs thousands of inspections annually helping customers understand the current condition of their tank assets, identify deficiencies, establish priorities, non- compliance issues, sanitary conditions, assess likelihood of failure, protect water quality, reduce risk of compliance issues, and make recommendations to bring up to best level of service through consultation. Inspection assessments focus on Safety, Security, Sanitary, Structure and Coating conditions. EPA and State regulations, AWWA guidelines, best practices and new, innovative technologies are utilized to make recommendations for improving and maintain tank assets. Annual reports are made available through our USAM platform. • Cleaning & Mixing. Cleaning and mixing is an important activity for maintaining water storage tanks, preserving coatings, and managing water quality. Cleaning and mixing tanks reduce risk exposure for impaired water. USI provides exterior and interior cleaning services to include power washing and chemical cleaning to manage inorganic, organic, mildew, and biofilm buildup. USI is a licensed distributor and applicator for Pantonite' which is an NSF 60 approved chemical used for enhanced well redevelopment, tank cleaning, pipe cleaning, filter, and media cleaning. panton't'*t&" PRODUCT OF Panton Meod www.pantcnmcleod. com WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 91 of 556 Aged 4. NDERWATER OLUTIONS ,UWSINC N,wrSC'1A P, BEFORE AND AFTER PHOTOS OF AN INTERIOR CLEAN WITH PANTONITETM Before After WATER INFRASTRUCTURE SPECIALISTS •P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office6i nd rwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 92 of 556 Aged 4. NDERWATER OLUTIONS '"WSINC A M USI is the leading installer of Kasco® Certisafe Active Mixers in 11 States having installed over 80 since 2019. Kasco® mixers are NSF certified and are designed to eliminate stratification in water storage tanks to help with water quality management and reduce ice formation that can damage coatings and tank structure. Many water systems have seen significant THM reductions in tanks after installing Kasco® mixers. The Kasco® mixer offers premiere mixing power, comparable energy efficiency, and a favorable price when compared to other mixers available to the water industry. There have been over 500 Kasco® Certisafe mixers installed in the US and Canada since 2016. Professional editorial and case stories demonstrating success are available upon request. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office ,underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 93 of 556 Aged 4. NDERMTER OLUTIONS '"WSINC A M • Tank renovation and maintenance: USI successfully manages and delivers renovation services for tank and filter assets. Providing services to bring assets up to a best condition and implement time -based activity that include preventive and proactive maintenance efforts to preserve, protect and establish sustainability of assets at the lowest life cycle cost. Quality of work and safety of employees are critical for delivering projects successfully. USI partners with specialized and experienced subcontractors that have the same safety and quality philosophies. Collaborate with tank professionals to develop and execute the most cost effect renovation and maintenance solutions. • Risk Management: Through routine inspections, cleaning and maintenance efforts, risk is mitigated, likelihood of failure is monitored, probability of failure reduced, and consequence of failure avoided. In addition to proactive, preventive measures, management of information and history help to manage risk exposure. USI project managers and consultants work with tank owners to effectively maintain and manage tanks assets to reduce financial, environmental, and social impact. We assist in minimizing risk of compliance issues, extraordinary costs, and protecting public safety. All inspections, work orders and tank information are maintained through our online asset management program. Information is accessible to our customers. Having centralized information management assists with decision making, managing assets, and supports reducing risk exposure for our customers. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 94 of 556 Aged 4. NDERMTER OLUTIONS '"WSINC i Before After A M WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 95 of 556 Aged 4. NDERWATER OLUTIONS '"WSINC A M Additional service qualifications: • USI utilizes a pit depth micrometer to measure interior/exterior metal pitting to be able to determine extent of any surface preparation performed with the structure online. This is common practice for USI and can be demonstrated in past inspection reports. • USI utilizes a Dry film thickness gauge on the asset interior and exterior. The asset interior will remain full of water while this testing is taking place. This is common practice for USI and can be demonstrated in past inspection reports. • USI specializes in tank inspections and sediment removal by way of professional diver services. Asset evaluations, sanitary and security assessments, and site visits by inspectors or consultants are also common practice for USI. Certifications: Underwater Solutions Inc. Staff currently holds the following certifications: Certified NACE Coating Inspectors • Professional Engineer ANSI/ACDE 01 • 2A Hoisting License • OSHA Fall Prevention • OSHA Confined Space Entry Certified OSHA 10-Hour/30-Hour Training • Remote Pilot (Drone) License Rigging to API RP-2 40-Hour Hazardous Site Worker Diver Certifications Treatment Grade I • Distribution Grade II CPR/AED/First Aid • Conducting On -site Neurological Assessment Administering Emergency Oxygen Epinephrine Auto -Injector Training Asthma Inhaler Training Bloodborne Pathogens Training Level -I Liquid Penetrant • Level -I Magnetic Particle All crew chiefs, foreman and project managers at USI have NACE certification. • Use of Technolos=y: A first -of -its -kind, client -specific customized infrastructure management platform. This groundbreaking technology allows complete access to the client with the ability to provide infrastructure records, compliance reports, corrective action plans, and associated work orders to complete each task in that plan. The Underwater Solutions Asset Management (USAM) program is a Utility Cloud asset management software program that helps centralize asset information such as inspection reports, master service agreements, as-builts, construction drawings, engineering reports in a secure location for Underwater Solutions, Inc., and our customers. We generate work orders from this platform to help manage & maintain assets and all associated workflows. This service is free to our active customers. USI utilizes current and prevalent technologies to manage operations and administrative activities such as Salesforce, Microsoft WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 96 of 556 Age d NDERWATER OLUTIONS INC A rse I' IM4 Office products, RingCentral, DropBox, and other platforms that improve communication, management of information, scheduling, and delivery or services to our customers. 4. KEY PERSONNEL The following summarizes key personnel responsible for delivery of services, scheduling, management of information, project management, consultation, and customer service. Our team professionals are always available as your partner in water storage tank maintenance services. Employee Title Project Roles for Tank Inspection : Cleaning President and Mr. Cornish oversees business and field operations as the David Cornish Operations President and Operations Manager. David has over 15 years Manager of tank inspection, maintenance and management services and will be managing project managers for the project. USAM Mr. Patterson provides all direction and oversight for projects. Chris Operations Mr. Patterson will provide QA/services to assist the project Patterson Director manager in coordinating field activities and preparation for projects. Chris is also a licensed water operator. Mr. Ebert will provides onsite field supervision for our Senior Project Florida crews. Mr. Ebert is providing oversight on our Orangc William Ebert County & Orlando Utilities projects. He has been Manager instrumental in the success of our long-term service agreements and day to day field operations. Kelly Director of Ms. Pimental manages the Underwater Solutions Asset Pimental USAM & Management (USAM) software platform and is responsible Reporting for prompt delivery of inspection reporting. East Coast Sales Mr' Martens is a seasoned sales professional specializing in Jon Martens & Service account and customer management. Jon provides an exceptional level of service to USI customers. Mr. Kelley has 14 years of experience in assessment and asset management planning for water and wastewater infrastructure. Scott Kelley USAM Advisor Scott has developed scopes of work for renovations and maintenance plans for many tank and filter assets and provides consultation on priorities and asset management planning. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 97 of 556 Aged 4. NDERMTER OLUTIONS '"WSINC 5. HEALTH AND SAFETY A M The Safety Policy of Underwater Solutions Inc. is designed to comply with the Standards of the Occupational Safety and Health Administration, and to endeavor to maintain a safe and injury/illness-free workplace. It is company policy that accident prevention is a prime concern of all employees. This includes the safety and wellbeing of our employees, subcontractors, and customers, as well as the prevention of wasteful, inefficient operations, and damage to property and equipment. USI's Health and Safety Plan is available upon request. Work Comp Experience Mod. (EMR) USI Work Comp Experience Mod (EMR) 2018 — 0.96 2019 — 0.95 2020 — 1.00 2021— 0.95 2022 — 0.93 WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 98 of 556 Aged 4. NDERWATER OLUTIONS '"WSINC 6. REGISTERED STATES A M Alabama Maryland Pennsylvania Connecticut Michigan Rhode Island Florida New Hampshire South Carolina Georgia New Jersey Tennessee Illinois New York Vermont Indiana Nevada Virginia Kentucky North Carolina West Virginia Maine Ohio These are states that Underwater Solutions, Inc. is currently registered. USI is always looking to expend our service area and is open to registering in states that need our services. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 99 of 556 Aged 4. NDERMTER OLUTIONS '"WSINC 7. REFERENCES A M Underwater Solutions, Michael Arruda Inc. Service References Taunton, MA 508-813-5659 arruda@taunton-ma.gov Joshua Niemann Deerfield Beach, FL 954-480-4369 jniemann@deerfield-beach.com Andrew Wilson Orange County, FL 407-254-7809 andrew.wilson2@ocfl.net Robert Oullette North Tiverton, RI 401-413-8417 ntwater@northtivertonwater.org Chris Culberson Central Hooksett, NH 603-624-0608 culbersonc@comcast.net Howard Theis Pittsburgh, PA 412-793-7331 htheis@plumboroughma.com Eric Jones Orlando, FL 407-832-2750 EJones@ouc.com Jack White Hinsdale NH 603-336-5715 hinsdalewater@yahoo.com Craig Crocker Osterville, MA 508-428-6691 ccrocker@commfiredistrict.com Sean Anderson Scituate, MA 781-545-8737 snderson@scituatema.gov Dave Miller Manchester, NH 603-702-0471 dmiller@manchesternh.gov Justin Perry Hampden, ME 207-862-3490 jmperry@tds.net Arik Jones Rye, NH 603-817-1344 arikryewater@comcast.net Jimmy Clark Merrimac, MA 508-813-5659 jclark@townofinerrimac.com Karen Galligan Southborough, MA 508-958-3376 kgalligan@southboroughma.com Derek Sirtoli Norton, MA 508-958-4684 djsnw@hotmail.com Adam Dufour Pepperell, MA 978-433-0359 adufour@town.pepperell.ma.us Damon Knack Liberty, NY 845-292-5620 d.knack@townofliberty.org David Rambo Peekskill, NY 914-734-4135 drambo@cityofpeekskill.com Kelvin Smith Nyack, NY 845-358-3734 kelvinsmith@nyack-ny.gov Jim Horner Mechanicville, NY 518-664-3751 jim.homer@mechanicvilleny.gov Chris Cocks Chester, NY 845-597-6394 ccocks@thetownofchester.org Tom Colgan Poughkeepsie, NY 845-462-6535 tcolgan@townofpoughkeepsie-ny.gov Fred McQuillan Shenorock, NY 914-248-5181 fmcquillan@somersny.com Michael Hatch Maynard, MA 978-897-1317 mhatch@townofinaynard.net Joe Wood Leicester, MA 508-892-8484 joe@lwsd.net Meghan Davis Marion, MA 508-748-3540 mdavis@marionma.gov Randy Sims Reedy Creek, FL 407-824-4842 randall.p.sims@disney.com James Louis Immokalee, FL 239-658-3630 jamesjeanlouis@iw-sd.com James Pouliot Milford, NH 603-249-0660 jpouliot@milford.nh.gov Michael Sheu Dracut, MA 978-957-0441 michael.sheu@dracutwater.com Bruce Harper North Chelmsford, MA 978-251-3931 northchelmsfordwater@outlook.com Andy Reid Chelmsford, MA 978-256-2931 areid@chehnsfordwater.com Ben Crawford Laconia, NH 603-524-0901 bcrawford@laconianh.gov Matt Berube Exeter, NH 603-773-6157 mberube@exeternh.gov Jim Farr Montgomery, NY 845-457-2610 jfarr@farr-engineering.com Additional references and project list available upon request. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 100 of 556 Aged 4. NDERMTER OLUTIONS '"WSINC Underwater Solutions, Inc. Chemical Cleaning Service References A M Name Chris Allen Town/City & State Acton, MA 11,110ne 978-263-9107 E-mail chris@actonwater.com Robert Chalifoux Leominster, MA 978-537-5720 robert.chalifoux@veolia.com Jason McCarthy Danvers, MA 978-774-5054 jmccarthy@danversma.gov Joe Wood Leicester, MA 508-892-8484 joe@lwsd.net William Simcoe Albany, NY 518-434-5300 wsimcoe@albanyny.gov Jared Whitney Belchertown, MA 508-922-2364 jwhitney@rhwhite.com Underwater Solutions, Inc. Mixing Service References Naine Mike Kirkwood Town/City ` Pascoag, RI 401-651-0733 mkirkwood@pud-ri.org Suzanne Goulet Stratford, NH 603-922-5533 stratfordnh@gmail.com Dan Dion South Deerfield, MA 413-665-3540 ddion.sdwater@gmail.com Chuck Harrison Lisbon, ME 207-353-3020 lwdgeneralmgr@lisbonme.org Jody Gigon Berwick, ME 207-698-1101 x100 jgigon@berwickmaine.org Sean Anderson Scituate, MA 781-545-8735 snderson@scituatema.gov Dave Miller Manchester, NH 603-702-0471 dmiller@manchesternh.gov Arik Jones Rye, NH 603-817-1344 arik.ryewater@comcast.net Chuck Applebee Richmond, ME 207-380-4269 richmondutility@roadrunner.com Joe Zadrozny Gardner, MA 978-399-9194 joseph.zadrozny@veolia.com Chris Culberson Central Hooksett, NH 603-624-0608 culbersonc@comcast.net Dennis Morton Plainville, MA 508-699-2071 dmorton@plainville.ma.us Andy Reid Chelmsford, MA 978-256-2931 areid@chehnsfordwater.com Bill Lindsey Halifax, MA 781-217-4970 bill.lindsay@halifax-ma.org Ron Davan Templeton, MA 978 939-5323 x 13 rdavan@templetonlight.com Will Calkins Vinalhaven, ME 608-449-6123 wcalkins@mainewater.com David Smyth Mount Pleasant, NY 914-60-9386 dsmyth@mtpleasantny.com William Simcoe Albany, NY 518-986-8657 wsimcoe@albanyny.gov Steve Anderson Town of Florida, NY 518-848-4362 stevea950@gmail.com Tom Cry Avon, NY 585-226-8401 tcrye@avon-ny.org John Rose Ulster, NY 845-382-1833 ulsterwater@townofulster.ny.gov WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 101 of 556 Aged 4. NDERMTER OLUTIONS '"WSINC Coatings Subcontractor: RJ Forbes Coating Service References A M Nalne Jason Federico Town/City & State Town of Cohasset MA Phone 781-383-4100 E-mail federico@cohassetma.org Ryan Mouradian Town of Holden, MA 508-210-5550 rouradian@holdenma.gov Romeo Mendes Lincoln, RI 401-334-0735 Romeo@lincolnwatercommission.com Gary Stine Leicester, MA 508-892-8484 gary@lwsd.net Thomas Rooney Barnstable, MA 508-362-6498 bfdwatersupt@barnstablefiredistrict.com Gregory Eldridge Hayley and Ward 978-648-6025 geldridge@haleyward.com Thomas Tran CDM Smith, Inc. 401-457-0379 tranty@cdmsmith.com Ali Parand AP Associates 508-376-2670 ali.parand@ap-associates.com Additional references and project list available upon request. WATER INFRASTRUCTURE SPECIALISTS *P.O. Box 208 •Mattapoisett, MA 02739 *Tel: (508) 758-6126 • Toll Free: (877) 821.6138 •E-Mail: office@underwatersolutionsinc.com • Web Address: www.underwatersolutionsinc.com • Page 102 of 556 AMepq 415 eM 44.CERTIFICATE OF LIABILITY INSURANCE DAT3/8/2023YYY) 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 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 Fisk Marine Insurance Intl, LLC 8110 Breakwater Dr(A/C. New Orleans LA 70124 CONTACT NAME: Jodi Wibel PHONE FAX A/c No EXt : 504 302-4400 A/c No): ADDRESS: jwibel@fiskusa.com INSURER(S) AFFORDING COVERAGE NAIC 4 INSURERA: GREAT AMERICAN INS. CO. 22136 INSURED UNDESOL-01 Underwater Solutions, Inc. PO Box 208 INSURERB: Underwriters at Lloyd's 15792 INSURERC: WESTCHESTER SURPLUS LINES INS CO 10172 INSURERD: STARSTONE SPECIALTY INS CO 44776 Mattapoisett MA 02739 INSURERE: GRANITE STATE INS CO 23809 INSURER F : CHARTER OAK FIRE INS CO 25615 COVERAGES CERTIFICATE NUMBER: 1141766104 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 TYPE OF INSURANCE LTR ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP LIMITS MM/DD/YYYY A GENERAL LIABILITY Y Y OMH5834568-19 10/1/2022 1all /2023 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 CLAIMS -MADE IX I OCCUR MED EXP (Any one person) $ 5,000 $ 1,000,000 PERSONAL & ADV INJURY X SRLL $ 2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: $ 1,000,000 PRODUCTS - COMP/OP AGG X POLICY PRO LOC JECT $ F AUTOMOBILE LIABILITY Y Y BA-3W881908 1/30/2023 1/30/2024 COMBINED SINGLE LIMIT Ea accident 1 000 000 BODILY INJURY (Per person) $ ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PeOr a RTY DAMAGE $ X HIRED AUTOS X NOTO WNED AUnD UMBRELLA LIAB X OCCUR Y Y B88932232MAR 1/1/2023 1/1/2024 EACH OCCURRENCE $5,000,000 X $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION $ $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y 38412059 10/i/2022 10/1/2023 X WC STATU- X OTH- TORY LIMITS ER USL&H ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 D? OFFICER/MEMBER EXCLUDE❑ N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability OE23000043 1/13/2023 1/13/2024 Limit 2,000,000 C Contractors Pollution Liability Y Y G27095240010 10/1/2022 10/1/2023 Each Occurrence 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) GL policy and Auto policy includes Blanket Additional Insured, Blanket Waiver of Subrogation, and Primary and Non -Contributory endorsements as required by written contract. Workers Compensation policy includes a Blanket Waiver of Subrogation as required by written contract and also includes U.S. Longshore and Harbor Workers Act Coverage, Maritime Employers Liability/Jones Act Coverage, Alternate Employer Endorsement and Voluntary Compensation. Excess liability is follow form over GL and Employers Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Village of Tequesta Water Treatment Plant 901 North Old Dixie Highway Tequesta FL 33469 AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 103 of 556 Agenda Item #4. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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 request from the Village's custodian of public records, 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT ImcwilliamsL@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. Page 104 of 556 Agenda Item #4. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 105 of 556