HomeMy WebLinkAboutDocumentation_Regular_Tab 08_2/8/2024 Agenda Item #8.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 08 2024
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
Consider Approval of an Agreement with Dover Engineering, PLLC (DE) for Train #2 Membrane
Replacement Bid Plans and Specs and Construction Services at the Water Treatment Plant for
$33,600
. -
The Village of Tequesta (VOT) Utilities Department recommends approval of an agreement with
Dover Engineering, to modify existing design and specifications for reverse osmosis membranes for
treatment train #2 to include installation, bidding and bid package for selected train 2 membranes for
$33,600.
Dover Engineering will include additive alternatives for train 1 and train 3 if pricing is favorable to the
Village and funds permit.
Funding for the project will come from account 401-411-531.302 from the Water Fund, Renewal and
Replacement, Engineering Services. Only $20,000 was budgeted for FY24 for the membranes but
there is currently $120,000 in the account. A budget amendment may have to be made later in the
year.
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.
BUDGET AMOUNT $20,000 AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$120,000 $33,600
FUNDING SOURCES: 401-411-531.302Water IS THIS A PIGGYBACK:
Fund Repair and Replacement Engineering ❑ Yes ❑x N/A
Services
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑x N/A
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
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Agenda Item #8.
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTION Engineering Services
Train No. 2 Membrane Replacement Agreement
Train No. 2 Membrane Replacement Proposal Ex. A
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Agenda Item #8.
VILLAGE OF TEQUESTA
AGREEMENT FOR WATER TREATMENT PLANT
TRAIN NO. 2 MEMBRANE REPLACEMENT CONTINUED WORK
THIS AGREEMENT FOR A WATER TREATMENT PLANT TRAIN NO. 2
MEMBRANE REPLACEMENT CONTINUED WORK is entered into and effective this
2nd day of February, 2024 (the "Effective Date"), by and between the VILLAGE OF
TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the.State of
Florida, hereinafter the "Village"; and DOVER ENGINEERING, PLLC, a Florida Limited
Liability Company with offices located at 19940 Mona Road, Suite 4, Tequesta, Florida 33469,
hereinafter the"Contractor" and collectively with the Village,the"Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties,hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide ongoing professional engineering services related to
membrane replacement on Train No. 2 of the reverse osmosis system within the Village's Water
Treatment Plant pursuant to all applicable statutory, licensing and Village code requirements. The
Parties agree to enter into this Agreement pursuant to the Contractor's January 8, 2024 Proposal
("Proposal"),which is hereby fully incorporated into this Agreement and attached hereto as Exhibit
«A»
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the prices provided in the fee schedule included in Exhibit "A". In
consideration for the above Scope of Services, and pursuant to Exhibit"A",the Village shall pay
the Contractor a total amount not to exceed thirty three thousand six hundred two dollars
($33,602.00).
3. TERM; TERNIINATION; NOTICE: This Agreement shall be completed in
accordance with the Schedule provided within the Proposal attached as Exhibit"A."The Village
may terminate this Agreement for convenience upon seven (7) days' written notice to the
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Agenda Item #8.
Contractor. Either parry may terminate this Agreement for cause upon seven (7) days' written
notice to the other parry; however,the breaching party shall be given a reasonable time under the
circumstances to cure the breach prior to the Agreement being terminated. Notice shall be
considered sufficient when sent by certified mail,or hand delivered to the Parties during regular
business hours at the following addresses:
Village Contractor
Village of Tequesta Dover Engineering,PLLC
345 Tequesta Drive 19940 Mona Road, Suite 4
Tequesta,FL 33469 Tequesta,FL 33469
Attn:Matthew Hammond, Attn:Phillip R.Dover,
Utilities Director President
4. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as deemed sufficient by the Village and shall
name the Village as an"additional insured"on the liability portion of the insurance policy.
5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village,its agents,servants,and employees,from and against any claim,demand
or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, its agents,servants,or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28,Florida Statutes.
6. PUBLIC ENTITIES CREMES ACT: As provided in Sections 287.132-133,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six(36)months immediately preceding
the date hereof.This notice is required by Section 287.133(3)(a),Florida Statutes.
7. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village.Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
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of employee—employer or principal—agent is or shall be created hereby,nor shall hereafter exist by
reason of the performance of the services herein provided.
8. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits,reviews, or investigations.
All parties doing business with the Village shall fully cooperate with the inspector general in the
exercise of the inspector general's functions, authority, and power. The inspector general has the
power to take sworn statements, require the production of records, and to audit, monitor,
investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect,deter,prevent,and eradicate fraud,waste,mismanagement,misconduct,
and abuses.
9. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
10. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
11. CHOICE OF LAW: VENUE: This Agreement shall be governed and construed
In accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
12. AMENDMENTS AND ASSIGNMENTS: This Agreement,all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both Parties;
no modifications shall be made to this Agreement unless in writing,agreed to by both Parties, and
attached hereto as an addendum to this Agreement.The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
13. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Proposal or Bid. Upon
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Agenda Item #8.
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village,or fails to make them
available for inspection or copying,within a reasonable time may be subject to attorney's fees and
costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10,
Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records
associated with this Agreement or associated with the provision of services contemplated herein
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor,or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village,upon request from the Village's custodian of public records,in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT
lmewilliamsna teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
14. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is
in compliance with Section 448.095,Florida Statutes, as may be amended. The Contractor shall:
(1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the
employment eligibility of all newly hired workers; and(2)verify that all of the Contractor's sub-
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Agenda Item #8.
contractors performing the duties and obligations of this Contract are registered with and use the
E-Verify System to electronically verify the employment eligibility of all newly hired workers.
The Contractor shall obtain from each of its sub-contractors an affidavit stating that the sub-
contractor does not employ,contract with,or subcontract with an Unauthorized Alien,as that term
is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor shall
maintain a copy of any such affidavit from a sub-contractor for,at a minimum,the duration of the
subcontract and any extension thereof. This provision shall not supersede any provision of this
Contract which requires a longer retention period. The Village shall terminate this Contract in
accordance with Section 5. above if it has a good faith belief that the Contractor has knowingly
violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good
faith belief that the Contractor's sub-contractor has knowingly violated Section 448.09(1),Florida
Statutes, as may be amended,the Village shall notify the Contractor to terminate its contract with
the sub-contractor and the Contractor shall immediately terminate its contract with the sub-
contractor. In the event of such contract termination, the Contractor shall be liable for any
additional costs incurred by the Village as a result of the termination.
15. SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725,Florida Statutes, and that it is not engaged in a boycott of Israel. The Village
may terminate this Contract at the Village's option in accordance with Section 5. above if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott
Israel List created pursuant to Section 215.4725,Florida Statutes, or if the Contractor is engaged
in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725,Florida Statutes. The Contractor further certifies that it is
not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria,
as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this
Contract at the Village's option in accordance with Section 5. above if the Contractor is found to
have submitted a false certification as provided under Section 287.135(5), Florida Statutes, or if
the Contractor has been placed on one of the aforementioned lists created pursuant to Section
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Agenda Item #8.
215.4725, Florida Statutes. Additionally,the Village may terminate this Contract at the Village's
option in accordance with Section 5. above if the Contractor is engaged in a boycott of Israel or
has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida
Statutes. _
16. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
17. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
18. WAIVER: No waiver by the Village of any provision of this Agreement
shall`be deemed to be a waiver of any other provisions hereof or of any subsequent breach by
the Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent
to or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
19. ENTIRE AGREEMENT: This five (5) page Agreement constitutes the entire
agreement between the parties; no modification shall be made to this Agreement unless such
modification is in writing, agreed to by both parties and attached hereto as an addendum to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: LEN77NG, PLLC
By: PD , President
(Corporate Seal)-'
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Agenda Item #8.
VILLAGE OF TEQUESTA
Jeremy Allen Digitally signed by Jeremy Allen
Y Date:2024.02.03 08:02:48-05'00'
ATTEST: By: Jeremy Allen,Village Manager
(Seal)
L maMA�v\ a—vu
D� Village Clerk , CYv1C
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Agenda Item #8. %%
D E Dover Engineering
Globallnfrastructure Solutions
January 8, 2024
Marjorie Craig, PE
Utilities Director
Village of Tequesta(VOT)
345 Tequesta Drive
Tequesta, FL 33469
Subject: Proposal for Ongoing Services
Train No. 2 Membrane Replacement
Tequesta Water Plant
Dear Ms. Craig:
Dover Engineering, PLLC (DE) is pleased to provide this proposal for the subject project related
to ongoing engineering services for Train 2 membrane replacement on the reverse osmosis system
at the VOT Water Treatment Plant. This proposal has been based on discussions during the past
few weeks with you and Nate Litteral, Water Treatment Plant Superintendent.
Project Summary
Train No. 2 membrane replacement specifications were finalized under an earlier task order and a
replacement membrane(Veolia AG-400)was selected for Train 2. However,under the earlier task
order specifications did not include membrane installation, bidding and assembly of the bid
package (front end contract documents and technical specifications). The remainder of this
proposal describes the scope of work to add the installation, bidding, and bid package assembly to
the membrane specifications and provide construction support services.
Project Scope of Services
DE will provide professional engineering services to execute the following tasks:
Task 1: Modify Existing Specifications— DE will modify the current technical specifications
around providing 8-inch x 40-inch Veolia AG-400 membranes, fittings, connectors and spacers
which will include membrane installation. Based on previous discussions with VOT and from
experience,the specifications will be modified so that a membrane supplier—membrane installation
contractor team can bid the project. We recommend the specification language to include the
following:
• Specified membrane performance criteria will be equal to or better than the Veolia AF-
400. This may allow additional suppliers to bid the project and have their membranes
evaluated. A suggested evaluation matrix of selection criteria has been included for VOT
review and comment. As the actual number of new membranes to be evaluated is not
known, the fee for this item has been estimated as time and materials.
• In addition to membrane elements, new brine seals, O-rings, inter-connectors, outboard
connectors, and spacers will be included to be supplied and installed.
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Agenda Item #8.
D E Dover Engineering
Global Infrastructure Solutions
• Membrane loading specifications will include existing membrane removal and disposal,
new membrane preparation, pressure vessel cleaning and disinfection, element lubrication,
recording of element serial numbers and element shimming among other installation tasks.
Bid Documents
• Bid documents will include a bid schedule and measurement and payment section. We
suggest,subject to VOT procurement policy, an allowance bid item be added to streamline
the change order process in the event additional work is required to install the membranes.
• As requested by VOT, DE will include additive alternates for Train 1 and Train 3
membranes in the event membrane pricing is favorable and it is determined to be in the
VOT's best interest.
• Bidder qualifications will include a form for the bidder to list similar projects with
references.
• Final bid package for DemandStar upload will be ADA compliant. Documents will be
sent to a third party for online processing to meet ADA compliance. The estimated number
of sheets and costs are shown below:
Front End Contract 145 pages (actual) x $10/page= $1,450
Technical Specs 30 pages (estimated) x $10/page =$ 300
Addendums 10 pages (estimated) x $10/page=S 100
Estimated Total $1,850
Costs for ADA document processing has been estimated as costs can vary from $5 per
page for text to $15 per page for complex graphs and tables. Payment receipts for ADA
processing will be submitted with invoices as a reimbursable expense.
Bid Package Preparation
DE will configure VOT standard front-end contract documents to the specifications. The VOT
has provided DE with a list of standard compliance documents to be included in the bid
package. DE will prepare a draft document for VOT review and comment and address VOT
comments in a final deliverable bid-ready, ADA compliant document.
Task 2: Bidding Services— DE will prepare/provide the following documents/services to VOT:
• Advertisement for bid
• DemandStar upload-ready bid package with technical specifications to be uploaded by the
VOT
• Addendums as required
• Answering bidder's questions in writing (via addendum)
• Attend on-site pre-bid plant visit (if authorized by VOT)
• Review bids for completeness and prepare a bid tabulation
• Evaluate other membranes for performance equivalency to Veolia (time and materials)
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Agenda Item #8.
D E Dover Engineering
Global Infrastructure Solutions
• Make recommendation of vendor selection to the VOT
No advertising costs of any kind are included in this proposal.
Task 3—Construction Support Services
DE will provide the following services after the contractor has been awarded the contract:
3.1 Pre-Construction Meeting
DE will attend a pre-construction meeting with the Contractor and VOT staff. The VOT will
chair the meeting and provide the meeting agenda. DE will assist by providing a summary of the
work to be performed and distribute meeting minutes. A total of 4 hours has been allocated for
this task.
3.2 Review Contractor Submittals
DE will review contractor's submittals and prepare a submittal log. DE has allocated 10 hours for the
estimated 10 submittals to be reviewed.
3.3 Construction Progress Meetings
This task includes attendance at up to four(4) construction progress meetings with the VOT and
the Contractor. DE will provide copies of Submittal Log, RFI Log and Change Order Log at
each meeting. DE will also issue meeting minutes to all attendees. A total of 10 hours has been
allocated for this task.
3.4 Respond to RFIs and Review Change Orders
DE will review and prepare responses for up to ten (5) RFIs. DE will review a maximum of two
(2) change order requests by the Contractor and make recommendations to the VOT regarding
their approval. A total of 16 hours has been allocated for this task.
3.5 Make Periodic Site Visits
DE will make an average of five (5) site visits per week, 1 hour each visit during periods when
active construction is ongoing at the project site for the purposes of verifying that the work is
being performed in general conformance with the Contract Documents. For the purposes of this
proposal, it has been assumed that a total of fifteen (15) site visits will be made by DE staff.
Each site visit is assumed to require 1 hour of time. Each site visit will be documented by a site
visit report and photographs of work in progress at the time. A total of 15 hours has been
allocated for this task.
3.6 Review Applications for Payment
DE will review and make recommendations to the VOT regarding the Contractor's Applications
for Payment. A total of three (3) such Applications for Payment have been assumed for
budgeting purposes. A total of 6 hours has been allocated for this task.
3.8 Substantial Completion Walkthrough
Upon receiving notification from the Contractor that the work is substantially complete, DE will
conduct an inspection with the Contractor and VOT staff to confirm that the work is substantially
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19940 Mona Road,Suite 4,Tequesta,FL 33469
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Agenda Item #8.
D E Dover Engineering-
Global Infrastructure Solutions
complete and to prepare a punch list. If the work is found to be substantially complete by both
DE and the VOT, DE will issue the Certificate of Substantial Completion. For budgeting
purposes, it is assumed that only one substantial completion walkthrough and punch list will be
required. A total of 2 hours has been allocated for this task.
3.9 Final Completion Inspection
Upon receiving notification from the Contractor that work is complete, DE will conduct a final
inspection with the Contractor and VOT staff to determine if the Contractor's work satisfies all
requirements of the Contract Documents. If the work is found to be acceptable to DE and the
VOT, DE will prepare the Certificate of Final Acceptance. If the work is not found to satisfy the
requirements of the Contract Documents, the VOT will perform all subsequent inspections. A
total of 2 hours has been allocated for this task.
3.10 Prepare and Submit Project Documentation
Following construction, DE will prepare a set of Record Drawings, based upon red line mark-ups
prepared by the Contractor to document field changes made during the course of work. A total
of 15 hours has been allocated for this task.
Fee
Task 1: Update Technical Specifications and Configure Front End Documents
60 Hours x $168/hr= $10,080 (Lump Sum)
Task 2: Bidding Services
30 Hours x $168/hr= $5,040 (Lump Sum)
Membrane Evaluations 19 Hours x $168/hr= $3,192 (Time and Materials)"
Total Tasks 1 + 2 $18,312
"Unused time will not be billed.
Task 3: Construction Support Services
PE Engineer 80 Hours x $168/hr= $13,440 (Time and Materials)"
*Unused time will not be billed.
Reimbursables
ADA Compliance 185 sheets (estimated) x $10/sheet = $1,850 reimbursable
Estimated Total Project Engineering Services:
$18,312 + $13,440+ $1,850=$33,602
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Agenda Item #8.
D E Dover Engineering
Global/nfrastruaure Solutions
Schedule
Task 1: Within 60 calendar days of receipt of Amendment 1 approval
Task 2: Within 30 calendar days of completion of Task 1 with consideration given if additional
membrane evaluations are required.
The invoice for DE's services will be submitted monthly or at the conclusion of each task.
Assumptions
1. VOT will provide clean electronic front-end documents and forms for DE's use.
2. No bidding fees or reprographic fees for bidding documents are included in this proposal.
It is DE's intent that all bid-related documents including contract manual, technical
. specifications, front end documents and addendums will be provided electronically.
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.
We look forward to the opportunity to,perform this work for you. Please call if you have any
questions.
Very truly yours, Accepted: VILLAGE OF TEQUESTA
DOVER ENG1I/NEERING,PLLC
]� (" _j-, J Digitally signed by Jeremy Allen
Jeremy
` A I I e n Date:2024.01.09 11:46:39-05'00'
Phillip R.�Dover, PE, BCEE
President Authorized Signature Date
Printed Name Jeremy Allen
Title Village Manner
END OF PAGE
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19940 Mona Road,Suite 4,Tequesta,FL 33469
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Agenda Item #8.
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.
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Agenda Item #8.
"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/."
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