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HomeMy WebLinkAboutAgreement_Water Service_5/11/2023_Dover EngineeringD E Dover Engineering' Global Infrastructure Solutions December 11, 2022 Nate Litteral Water Plant Superintendent Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Subject: Proposal for Train No. 1 Membrane Replacement Study Tequesta Water Plant Dear Mr. Litteral: Dover Engineering, PLLC (DE) is pleased to provide a proposal for professional engineering services related to membrane replacement on Train. 1 of the reverse osmosis system at the Water Treatment Plant. This proposal has been based on discussions during our recent meeting at the Water Plant and is similar in scope to our ongoing project for the Train 2 membranes. Project Understanding The existing Train 1 membrane elements are approximately 10 years old, and while still functional, are nearing the end of their service life. The Village of Tequesta (VOT) has requested a time and materials proposal from DE to provide assistance with selection of replacement membranes to optimize the treatment process in terms of water quality, membrane performance, life cycle cost analysis, and membrane warranty terms and conditions. Project Scope of Services DE will provide professional engineering services to prepare a technical memorandum describing the membrane selection process and prepare a technical membrane specification that VOT can use to solicit proposals. The following specific tasks and deliverables will be provided: Task 1: Data Review and Plant Familiarity — DE has prepared a data request (attached) covering current water plant operating data including water plant drawings and specifications. This data will be reviewed for further analysis of existing system performance and will be used in the preparation of technical specifications. The characteristics of Train 1 will be summarized in terms of pressure vessel rating, array, membranes per vessel, available feed pressure, concentrate valve characteristics, maximum feed pressure, permeate backpressure, and range of concentrate pressure. Task 2: Preparation of Technical Memorandum — DE will prepare a technical memorandum summarizing the results of the plant operating data analysis. Finished water quality goals will be summarized along with existing raw water blend and plant capacity. These objective criteria will be used to qualify potential membrane replacement offerings and to rank them. Subjective criteria for membrane selection will be developed in consultation with the VOT which may include manufacturers time in business, availability of technical staff, existence of reference facilities with the same membranes, warranty terms and requirements, quality control, location of manufacturing facility, etc. A summary table will be prepared to present objective and subjective criteria for various membranes to narrow down the membrane offerings after qualified membranes have been ranked. Deliverables: Two draft copies and two signed and sealed final copies with a final pdf. 19940 Mona Road, Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 DE Dover Engineering. alob,71 Infrastructure Solutions Task 3: Preparation of Technical Specification Technical specifications will be developed around the top ranked replacement membranes from Task 2. The specification document created can be attached to front end contract documents developed by VOT for bidding. Neither front end contract preparation nor bidding services are included in this task. Deliverable: Draft and Final Specifications Task 4: Meetings Meeting with the VOT on as as -needed basis. Fee The time and materials fee for the above services will be $18,405.55. Unused time and materials will not be billed. Budget Worksheet B-1 is attached with a breakdown of hours and rates per task. Schedule Task 1: Within 30 calendar days of submittal of requested data. Task 2: Within 45 calendar days of completion of Task 1. Task-3: Within 30 calendar days of completion of Task 2. The invoice for DE's services will be submitted monthly or at the conclusion of each task. Assumptions 1. Requested operating data will be provided by VOT within 30 days of Notice to Proceed. 2. Technical specifications will not include installation of the membranes, bidding, or front-end contract preparation. Budget may be reallocated between tasks as necessary. This Letter Agreement provides the terms, conditions and obligations that shall control all work. Inconsistent printed terms, if any, contained on your authorization on the reverse sides of a purchase order shall not apply to services provided under this Letter Agreement unless expressly agreed by the parties in writing. In the event work is authorized prior to issuance of a purchase order, any services DE performs will be presumed to have been completed under the terms of this Letter Agreement. All work will be performed in accordance with DE's attached Standard Terms and Conditions. To accept this proposal, please sign and date both copies and return one to us. We look forward to the opportunity to perform this work for you. Please call if you have any questions. Very truly yours, DKER ENGINEERING, PLLC fillip qRover, PE, BCEE President Accepted: Village of Tequesta (�f KkA-j--' Auth t d Signature Date Printed Name —T. M Title 19940 Mona Road. Suite 4. Tequesta. FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 Attachment B-1 Project Budget - Time and Materials Train 1 Water Treatment Plant Membrane Replacement Study Labor Classifications and Raw Hourly Rate $57.73 $21.65 $34.36 $17.19 Task No. Task Sr Engr Cad Sr. Inspector Admin Total Hours Total Fee 1 Data Review and Plant Familiarity 24 1 25 $1,402.71 2 Preparation of Technical Memorandum 40 3 43 $2,360.77 3 Preparation of TechnicalSpecification 40 3 43 $2,360.77 4 Meetings 3 0 3 $173.19 Labor Total Hours 107 0 0 7 111 Labor Raw Costs $6,177.11 $0.00 $0.00 $120.33 $6,297.44 Labor Multiplier 2.91 2.91 2.91 2.91 2.91 Loaded Labor Cost $17,975.39 $0.00 $0.00 $350.16 $18,325.55 ODC Total fee $80.00 $18,405.55 Other Direct Costs (ODO: Reprographics: 100 sheets x $0.80/ea = $80 $80 Total ODCs $80 12/11/2022 D EDover Engineering: DEDover Engineering, Global Infrastructure Solutions GENERAL TERMS AND CONDITIONS PERFORMANCE: Dover Engineering, PLLC (ENGINEER) shall perform the work in an expeditious and diligent manner. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER'S profession practicing under similar conditions at the same time and in the same locality for similar projects. The parties to this Agreement agree that ENGINEER has no control over certain aspects of the work, including but not limited to, the timely submittal of data or information to be furnished by others for ENGINEERS use, the review and approval process of governmental, jurisdictional, or utility agencies and entities. ENGINEER asserts no guarantees regarding permit application processing times and issuance of a permit, and incurs no liability for same. ENGINEER'S opinion of possible PROJECT costs are made on the basis of ENGINEER'S judgment and experience for the given time and economic conditions. ENGINEER does not guarantee that proposals, bids or actual PROJECT cost will not vary from ENGINEERS opinion of possible cost. JOBSITE SAFETY: The ENGINEER is not responsible for the safety of any person on the jobsite, other than the ENGINEER'S own employees. The General Contractor is responsible for construction means, methods, sequence, testing, techniques and procedures necessary for performing, superintending or coordinating all portions of the work in accordance with the contract documents and any health or safety precautions required by the contract documents and/or any regulatory agencies. The ENGINEER has no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The ENGINEER does not have the authority to stop the work of any construction contractor. The Owner agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the agreement between the Owner and the General Contractor. The ENGINEER shall be made an additional insured under the General Contractor's general liability insurance policy for personal injuries to any person sustained on the jobsite. COMPENSATION: Lump Sum Fees are fixed amounts to be paid for the services indicated. Estimated Time — Not to Exceed fees shall be based on the time and expense rates attached to ENGINEER'S Professional Services Agreement. Personnel Rates are subject to periodic revision. All Estimated Time fees quoted in advance of the work being performed are ONLY ESTIMATES. The rates are utilized in calculation invoice amounts for services rendered on an Estimated Time basis. Outside contractual services by ENGINEER on CLIENT'S behalf, travel costs by commercial carrier, direct non -salary expenses including, but not limited to, meals, lodging, blueprinting and photocopying, special mailing or delivery services and special engineering materials shall be reimbursed at 110% of ENGINEER'S cost. RETAINER: Upon acceptance of this Agreement by CLIENT, but prior to initiation of work by ENGINEER, CLIENT shall deposit with ENGINEER a retainer in the amount of $0. The retainer will be applied to the ENGINEER's fees during the initial design phase of the project and will be reflected on ENGINEER'S invoices. INVOICES: Invoices covering periods of approximately one month shall be sent to CLIENT by ENGINEER. Invoices shall be prepared in breakdown of work completed style and format. Lump Sum Fees owed ENGINEER for an invoice period shall be calculated by ENGINEER based upon ENGINEER'S percentage estimate of the amount of work accomplished for the billing period. Estimated Time Fees owed ENGINEER shall be based on the actual amount of 19940 Mona Road, Suite 4, Tecluesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 D E Dover Engineering G/obaf Infrastructure Solutions time expended by ENGINEER in performance of services, calculated portal-to-portal, multiplied by the prevailing hourly rate for the personnel performing the work. A minimum of one hour will be charged for attendance at any public hearing, commission or board meeting, or at any legal or administrative proceeding. CLIENT will reimburse ENGINEER for all direct non -salary expenses, as described in this Agreement. INVOICE REVIEW: Within fourteen (14) days of receipt of ENGINEER'S invoice, CLIENT shall examine invoice in detail as to accuracy and completeness and shall raise any questions or objections in writing regarding the invoice within these 14 days. After 14 days from receipt of ENGINEER'S invoice, CLIENT waives any questions or objections to the invoice that were not raised previously. PAYMENT OF FEES: All fees are due and payable upon receipt of an invoice. Payment shall be made in U.S. Currency. If CLIENT fails to make any payment due ENGINEER within thirty (30) days from the date of ENGINEER'S invoice, the amounts due ENGINEER shall then include an additional charge at the rate of 1.5% per month (18% per annum), or as otherwise provided by law. ENGINEER reserves the sole right to suspend all services to CLIENT if any invoice remains unpaid for sixty (60) days after the invoice date. If services are suspended, they may not resume until all unpaid invoices are paid in full. ADDITIONAL SERVICES: Services authorized by CLIENT, other than those specifically set forth in the "Scope of Services", shall be considered additional services for which the CLIENT shall compensate ENGINEER on a Time and Expenses basis, or as otherwise agreed by the parties. Additional services include revisions to work previously performed that are required due to changes in data, criteria or information furnished to ENGINEER, a change in the Scope or concept of the project initiated by the CLIENT, and/or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. DATA PROVIDED BY OTHERS: CLIENT is responsible for supplying ENGINEER with information and data required for ENGINEER'S use in accomplishing the work. ENGINEER shall not be responsible or liable for any inaccurate or incomplete information provided by others, or for good faith use of inaccurate or incomplete information provided by others. OWNERSHIP OF DOCUMENTS: All documents, including drawings, specifications, field notes and electronic generated information and data prepared by ENGINEER pursuant to the terms of this Agreement, are proprietary and are the property of the ENGINEER. Copies of ENGINEER'S non-proprietary documents will be made available to CLIENT at the Time and Expense Cost for reproducing said documents. The ENGINEER'S non-proprietary documents are not intended or represented to be suitable for reuse for extensions of this or any other project, and CLIENT or others are prohibited from making or incorporating any adjustments, changes or amendments to them without specific written approval from the ENGINEER. LIMITATION OF LIABILITY: To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the ENGINEER and the ENGINEER'S officers, directors, partners, employees, agents and sub -consultants, and any of them, to the CLIENT and anyone claiming by, through or under the CLIENT, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of the Design Professional or the Design Professional's officers, directors, 19940 Mona Road, Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 D Dover Engineering, Global Infrastructure Solutions employees, agents or sub -consultants, or any of them, shall not exceed the total compensation received by the Design Professional under this Agreement, or the total amount of $1,750.00, whichever is greater. INSURANCE: ENGINEER shall provide and maintain during the term of this Agreement Errors and Omissions Liability Insurance in an amount not less than $1,000,000.00 and Comprehensive General Liability Insurance in an amount not less than $1,000,000.00 per occurrence. If requested, the ENGINEER shall provide the CLIENT with certificates evidencing such insurance. If the CLIENT specifically directs the ENGINEER to obtain increased insurance coverage, or if the nature of the ENGINEER'S activities requires additional coverage, the ENGINEER will take out such additional insurance, if obtainable, at the CLIENT'S expense. AGREEMENT MODIFICATION: This Agreement may be modified by the executing parties at anytime, but no such modification shall be effective unless reduced to writing and signed by both CLIENT and ENGINEER. PRIVITY OF AGREEMENT: This Agreement is not to be construed to provide any obligation from the ENGINEER to any third parties, including but not limited to any contractors (general or sub-), nor to any successors in the title to the CLIENT. The rights under this Agreement only inure them to the parties hereto. ASSIGNABILITY: This Agreement is expressly understood to be non -transferable and non - assignable by either party without written consent of the other. ACCEPTANCE: The fees, terms and conditions offered in this Agreement shall be valid and open for acceptance by CLIENT for a period of thirty (30) days after the date of the Agreement. EFFECTIVE DATE: This Agreement shall become effective on the date that it is signed by CLIENT and returned to ENGINEER with the required retainer. SUSPENSION OF SERVICES: If the project or the ENGINEER'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, CLIENT shall compensate ENGINEER for expenses incurred as a result of the suspension and resumption of its services, and the CONSULTANT'S fees and schedule for the remainder of the project shall be equitably adjusted. If the ENGINEER'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the ENGINEER may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of the payment terms or otherwise is in material breach of this Agreement, the ENGINEER may suspend performance of services upon five (5) calendar days notice to the CLIENT. The ENGINEER shall have no liability to the CLIENT as a result of this suspension of service, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach that caused the CONSULTANT to suspend services, the ENGINEER shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 19940 Mona Road, Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 DEDover Engineering" G/oba/ Infrastructure Solutions TERMINATION: The CLIENT may terminate this Agreement for the CLIENT'S convenience and without cause upon giving the ENGINEER not less than seven (7) calendar days' written notice. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' written notice for any of the following reasons: • Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party, • Assignment of this Agreement or transfer of the project by either party to any other entity without the prior written consent of the other party, • Suspension of the project or the ENGINEER'S services by the CLIENT for more than ninety (90) calendar days, consecutive or in the aggregate, • Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustment(s) necessitated by such changes. In the event of termination of this Agreement by either party, the CLIENT shall within thirty (30) calendar days of termination pay the ENGINEER for all services rendered and all reimbursable costs incurred by the ENGINEER up to the date of termination, in accordance with the payment provisions of this Agreement. In event of any termination that is not the fault of the ENGINEER, the CLIENT shall pay the ENGINEER, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by the CONSULTANT in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. SEVERABILITY: In the event that a court of competent jurisdiction determines that any term or provision of this Agreement is unenforceable for any reason, the balance of the terms and conditions shall nonetheless remain in full force and effect and such unenforceable provisions shall be deemed to have been excised and deleted from this Agreement as though it had never been a part hereof. VENUE CLAUSE: The venue for all collection actions or litigation under this Contract shall be in Palm Beach County, Florida. SPECIAL PROVISIONS: Not applicable. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. END OF GENERAL TERMS AND CONDITIONS 19940 Mona Road, Suite 4, Tequesta. FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www,doverengr.com FBPE C.A. No. 29822 D E Dover Engineering, G/obal Infrastructure Solutions Water Plant Data Request Train #1 On Line Time (percentage) Power Cost ($/KwH Feed Pump Inlet Pressure (psi) Feed Pump Efficiency (percentage) Raw Water Quality Analytical Results (most recent) Train Boost Pressure, psi Train Boost Efficiency (percentage) Train Recover (percentage) Train Production (mad or gpm) Existing/Required Permeate Water Quality Current Membrane Manufacturer, Model No., Diameter and Length 19940 Mona Road, Suite 4, Tequesta, FL 33469 P (561) 529-2060 F (561) 529-2389 Email pdover@doverengr.com www.doverengr.com FBPE C.A. No. 29822 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 Immilliams@teguesta.or, 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. "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 vvww.w3.org/TR/WCAG/."