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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_12/12/2024 Agenda Item #5. Regular Council STAFF MEMO Meeting: Regular Council - Dec 12 2024 Staff Contact: Jeremy Allen, Village Manager Department: Manager 190W W 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. Vehicle Purchase Agreement of Sale PBSC, $35,000.00 B. Kimley-Horn Tequesta Drive Bridge Restoration Drawings, $59,301.00 C. Powe-Tel Utility Products Inc., $22,450.00 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. Vehicle Purchase Agreement of Sale PBSC, $35,000.00 B. Kimley-Horn Tequesta Drive Bridge Restoration Drawings, $59,301.00 C. Powe-Tel Utility Products Inc., $22,450.00 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. a-01=1-I-ITL4 I BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONNA 1994 Sutphen Aerial Platform Purchase Agmt. & PBSC Training Agmt. Kimley-Horn Tequesta Drive Bridge Restoration Drawings Power-Tel Utility Products Inc. Page 49 of 393 Agenda Item #5. �a RISt'O VILLAGE OF TEQUESTA TEQUESTA FIRE-RESCUE MEMORANDUM FILE NO. Admin. 25-10 DATE: November 22, 2024 TO: Jeremy Allen, Village Manager FROM: Chief James Trube SUBJECT: Sale of 1994 Su en Aerial Platform to Palm Beach State College On June 8, 2023, The Village Council approved the surplus and sale of the Fire Department's 1994 Sutphen Aerial Tower Fire Truck. We received an offer from Palm Beach State College which would allow the fire department to receive the value of $35,000 in Training credits in exchange for the Fire Truck. Please find the attached Vehicle Purchase Agreement for the 1994 Sutphen Aerial Platform Fire Truck along with the Training Agreement from Palm Beach State College for approval. Thank you. Page 50 of 393 a r Agenda Item #5. VILLAGE OF TEQUE STA AGREEMENT FOR THE SALE OF 1994 SUTPHEN AERIAL PLATFORM THIS VEHICLE PURCHASE AGREEMENT is entered into and effective this 28'h day of October,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, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Seller"; and Palm Beach State College, a Florida Public University, with offices located at, 4200 Congress Avenue Lake worth, FL 33461 hereinafter the 'Buyer" and collectively with the Village, the "Parties". WITNESSETH The Seller and Buyer, 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. DESCRIPTION OF GOODS: The Parties hereby agree to enter into this Agreement whereby the Seller shall transfer to the Buyer a 1994 Sutphen Aerial Platform VIN# 1 S9A4KFE8R1003005, hereinafter the "Vehicle" pursuant to all applicable statutory, licensing and Village code requirements. 2. COMPENSATION: In consideration for the Vehicle as described above the Buyer shall provide to the Seller thirty-five thousand ($35,000.00) dollars in educational credit redeemable at any of Palm Beach State College's facilities for staff training purposes and as more particularly described in "Exhibit A" to this agreement. Such credits shall remain valid and redeemable for five years following execution of this agreement. 4. DELIVERY; RISK OF LOSS: Buyer shall collect the Vehicle within fourteen (14)days following the execution date of this agreement. All right title, and interest in the Vehicle and miscellaneous onboard accessories as detailed on attached "Exhibit B" shall pass upon delivery from the Seller to Buyer. Seller shall sign over and execute title in Buyer's name. The Seller Page 1 of7 Page 51 of 393 1 • r Agenda Item #5. assumes responsibility for the Goods, and all risk of damage, loss, or delay of the Goods until the Goods are collected by the Buyer. Once the Vehicle has been collected by the Buyer, the Buyer assumes all responsibility for and risk of damage to the Vehicle. 5. ACCEPTANCE "AS IS": Buyer has already had an opportunity to inspect the Vehicle, is aware of and accepts the Vehicle's condition including existing maintenance issues, and agrees to accept the Vehicle in an "as is" condition. The seller makes no(and hereby disclaims any and all)oral or written warranties either express or implied as to the condition of the vehicle, its merchantability, its fitness, or suitability for any particular purpose. Buyer agrees that regardless of cause, Seller is not responsible for, and Buyer will not make any claim against Seiler for any damages, losses, or expenses whether consequential, direct, special, or indirect. 6. NOTICE: Notice shall be considered sufficient when given in writing to the following addresses: Seller Buyer Village of Tequesta Palm Beach State College 345 Tequesta Drive David Hamel Tequesta, FL 33469-0273 hameldga palmbeachstate.edu jtrubegtequesta.org 8. INDEMNIFICATION: The Buyer 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 Seller, its agents, servants, or employees in the delivery of the Goods 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. 9. WARRANTIES AND REPRESENTATIONS: The parties to this agreement hereby warrant that: (a) The Buyer has the requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder; Page 2 of1 Page 52 of 393 Agenda Item #5. (b) The Seller is the true and lawful owner of the Goods conveyed by this Agreement and has full power to convey such goods, and the title so conveyed is free, clear, and unencumbered; and 10. PUBLIC ENTITIES CRIlMIES ACT: As provided in Sections 287.132-133,Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Buyer 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. 11. 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 to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 120 E-VERIFY ELIGIBILITY: The Buyer warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021,the Seller 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 Buyer's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Seller shall obtain from each of its sub-consultants an affidavit stating that the sub-consultant 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 Buyer shall maintain a copy of any such affidavit from a sub-consultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement that requires a longer retention period. The Village shall terminate this Agreement Page 3 of7 Page 53 of 393 Agenda Item #5. if it has a good faith belief that the Seller has knowingly violated Section 448.09(1),Florida Statutes, as may be amended. If the Buyer has a good faith belief that the Seller's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify the Buyer to terminate its contract with the sub-consultant and the Seller shall immediately terminate its contract with the sub-consultant. In the event of such contract termination,the Seller shall be liable for any additional costs incurred by the Village as a result of the termination. 13. SCRUTINIZED COMPANIES: For Contracts under $1M, the Buyer 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 Agreement at the Village's option if the Buyer is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Buyer has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Seller is engaged in a boycott of Israel. For Contracts over$1 M, the Buyer 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 Buyer 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 Agreement at the Village's option if the Buyer is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Buyer has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Buyer 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. 14. 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. 15. FORCE MAJEURE: The Seller 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 Seller 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. Page 4 of7 Page 54 of 393 Agenda Item #5. 16. 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. 17. WAIVER OF JURY TRIAL: Buyer agrees and desires to avoid the time an expense related to a jury trial of any dispute under this agreement. Therefore, both parties hereby waive any right to a j ury trial with respect to any controversy between the parties. The parties acknowledge this waiver is knowingly, freely, and voluntarily given, is desired by both parties and is in the best interest of both parties. 18. 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 Buyer shall not transfer or assign the provision of the Goods called for in this Agreement without the prior written consent of the Village. 19. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Buyer must keep and maintain this Agreement and any other records associated therewith and that are associated with the delivery of the Goods as described above. Upon request from the Village's custodian of public records, the Buyer 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 Buyer 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 Buyer shall ensure that any exempt or confidential records associated with this Agreement or associated with the delivery of the Goods 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 Buyer does not transfer the records to the Village. Finally,upon completion of the Agreement,the Buyer shall transfer,at no cost to the Village, all public records in possession of the Buyer, or keep and maintain public records required by the Village. If the Buyer transfers all public records to the Village upon completion of the Agreement, the Buyer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Seller keeps and maintains public records upon completion of the Agreement, the Buyer shall meet Page 5 of7 Page 55 of 393 Agenda Item #5. 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 BUYER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BUYER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliamsr ,tepuesta.vrg, OR AT 345 TEQUETA DRIVE, TEQUESTA, FLORIDA 33469. 20. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting, or enforcing this Agreement. 21. SEVERABILITY: The invalidity or unenforceabillty 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. 22. 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 Buyer 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 Buyer 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. 23. ENTIRE AGREEMENT: This nine-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. 24. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of either Party individually warrants that he or she has the full legal power to execute this agreement Page 6 of7 Page 56 of 393 Agenda Item #5. on behalf of the Party for whom he or she is signing and bind and obligate such party with respect to all provisions contained in this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: PALM BEACH STATE COLLEGE Z5"'Y-V David Chojnacki(O 28,2024 14:08 EDT�__ David Chojnacki,Assistant Procurement Director By (Print Name): Jennifer Alvarez Procurement Director eil cze4co -Lauren Czencz(Oct 28,2024 14:04 EDT) (Corporate Seal) Lauren Czencz,Procurement Contracts Manager VILLAGE OF TEQUESTA ATTEST: By. ererny AIKJ, Village Manager 0 OF r�kp 0 Cj (Seal) Lori McWilliams, MMC S E/'A L Village Clerk A ".INCORPOnATED: NE a •'V OF U9,A Page 7 of7 Page 57 of 393 Agenda Item #5. FXHO5[TA] Palm Beech State College B4uw BEACH STATE Fire Advanced Training co L L c6 c 1010 Proposal Customer: Tequesta Fire Rescue Contact: David Hamel Contact Chief Trube 561'888'3833 Address: 33468 ha meld Date of Request: 27 June, 2024 Project Name: T85pmp000| Proposal Description: Tequesta Fire Rescue has for sale 1894. gO'fomt Sutphen aerial device. Palm Beach State Fire Academy has need of this apparatus for delivery of our programs. We propose an exchange of training hours. in lieu of oesh, for the purchase of the above apparatus. We believe this will be mutually beneficial and help support training of firefighters throughout our oounty. Details of our proposal are as follows: Asking price, $35,000 Proposed training exchange: $35,000 Palm Beach State Fire Academy will provide subject matter experts for delivery of customized training designed specifically for Tequesta Fire Rescue personnel and/or inclusion ofTequesta Fire Rescue personnel in our certificate courses (see attached fee schedule} There are other opportunities throughout the year that do not appear on the fee eohedu|e, but would be ino|uded, i.e. "Command Academy". The custom training could be delivered otTequesta's fina station' as we have done previous|y, to eliminate the need to pay personnel over-time. Additionally, Palm Beach State Fire Academy could provide live fire training evolutions, at a rate of$18OO/four-hour session, at our facility (includes instructors and monaumeb|esl. We propose that this exchange happen over the course of three yeos, though the use of the "training oredit^ need not be used equally each year. Location: 357Tequeste Dr, Tequeste FL and PBSCFA (Lake Worth campus} Dates: TBA EXHIBIT Tequeata Fire Rescue has for sale e1S94. 8O'foot Sutphen aerial device. Palm Beach State Fire Academy has need of this apparatus for delivery of our programs. We propose an exchange of training hours, in lieu of cash, for the purchase of the above apparatus. We believe this will be mutually beneficial and help support training of firefighters throughout our oounty. Details of our proposal are oa follows- Palm BoaohStoteFireAcademywil| provideaubjeotmatterexpertsforde|iveryofoustomizedtroiningdeaignedspeoifioa||y for Tequesta Fire Rescue personnel (see sample fee schedule below) and/or inclusion of Tequesta Fire Rescue personnel Page 58 of 393 Agenda Item #5. in our certificate courses. The custom training could be delivered at Tequesta's fire station, as we have done previously, to eliminate the need to pay personnel overtime. Please see Example Training Schedule below. We propose that this exchange happen over the course of three years,though the use of the"training credit"need not be used equally each year. Use of Training Credit will be tracked by PBSC Fire Academy and recorded on a spreadsheet. Tequesta will be provided a quotation for each training session request that will detail the cost of the training as well as the training credit "balance". Training Topic cost Max number of students Live Fire Excercises $18001half day 121day Engine Operations $9521ful l day 121day Truck Operations $9521fuI I day 121day STAR $475.75head 181course Command and Control $3,3531course 241course Rape Rescue Ops Level $449.751head 181course Fbpe Fbscue Tech bevel $449.751head 181course Confined Space Ops Level $189.751head 181course Confined Space Tech Level $189.751head 181course Structural Col lapse Ops Level $454.751head 181course Structural Col lapse Tech Level $1,194.751head 181course Trench Ops Level $264.751head 181course Trench Tech Level $194.751head 18tcourse VMROps Level $479.75head 181course VMRTech Level $479.7&head 18J cou rse Flydraul i cs $244.751head 241course Apparatus $264.7&head 121course Aerial Operations $414.75head 121course Chemistry of Haz Mat $204.75head 181course Haz Mat I $204.7&head 181course Haz Mat I I $239.7&h ead 181 course Haz Mat III $239.751head 181course live RreTraining Instructor $349.7&head 181course Example Trainingcalerrdar 2025 January Livefire(3112 days) $5,400 February March Command and Control $3,353 April May Engi ne Ops(3 days) $2,856 June July August September October November December Annual Total $11,609 Page 59 of 393 Agenda Item #5. PUBLIC RECORDS. In accordance with Sec. 119.07011 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 VI LLAG E, AT (561) 768-0440, OR AT Imcwilliams@tequesta.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 393 Agenda Item #5. "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 aformat 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 61 of 393 Agenda Item #5. [EXHIBIT B] Village c.of Tecluesta Department of Fire-Rescue Services is pFT FQ 357 Tequesta Chive ��- .' 561-768-0500 �z Tequesta, FL 33469 *, ,� ***Aequesta.org James Trube, Fire Chief July 25, 2024 List of equipment included in the sale of the 1994 Sutphen Aerial Platform. All equipment (listed below) is included in the sale as is. 1. 4 Hard Hats 2. 2 SCBA Masks 3. 2 121 1 8', and 6', Pike poles 4. 1 14' A-Frame ladder 5. 2 16' ladders 6. 1 24' ladder 7. 1 35' ladder 8. 1 10' Roof ladder and pike pole 9. 2 pike poles 10. 1 stokes basket 11. 1 Broom 12. 1 Generator Honda EM 5000 s 13. 4 Light boxes 14. 4 light towers and lights 15. 1 Jack 16. 100' of 2.5" hose 17. 11450' 1 1/4 hose 18. 1 Water can 19. 1 CO2 Extinguisher 20. 1 Dry Chem Extinguisher This document may be reproduced upon request in an alternative format by contacting the Village clerk's Office at 5+61-768-0440 or by completing our accessibility form: * ******bit.1y13mnfeU4 Page 62 of 393 Agenda Item #5. PALM BEACH STATE. C0LLEG £ Training Agreement This AGREEMENT made and entered into on October 22, 2024, between the PALM BEACH STATE COLLEGE AND PALM BEACH STATE COLLEGE DISTRICT BOARD OF TRUSTEES hereinafter referred to as "COLLEGE" and The Village of Tequesta hereinafter referred to as "BUSINESS" enter into this Training Agreement, effective on the date this Agreement is executed by both parties below and mutually agree to as follows: The BUSINESS hereby engages the COLLEGE for professional development training services provided by the COLLEGE and the BUSINESS agrees to the terms and conditions set forth herein: The COLLEGE shall: I Undertake the provision of training as an independent contractor and shall be wholly responsible for the methods of training. The BUSINESS shall have no right to supervise the methods used, but the BUSINESS shall have the right to observe such training. COLLEGE shall work closely with the BUSINESS in production of training under this Agreement. 2. Comply with applicable regulatory and other applicable requirements including federal, state, and local laws,rules,regulations, orders,codes, criteria,and standards. 3. Maintain worker's compensation and general liability insurance in accordance with Florida Statute 768.28 throughout the duration of the training. 4. Deliver all services as stated in attached Scope of Services. 5. Provide a fully qualified and certified trainer. The BUSINESS shall: 1. Submit necessary paperwork to be an approved COLLEGE customer. 2. Pay the COLLEGE as stated in Scope of Services upon invoicing by COLLEGE. 3. Provide participant enrollment, notification, and registration when applicable. Provide appropriate training facilities and media equipment at either COLLEGE or BUSINESS site as required in Scope of Services. 4. Not resell or permit or participate or in the resale of any course materials provided by COLLEGE. 5. Not record any training sessions without the express written consent of COLLEGE. 6. Provide the COLLEGE with a copy of its current Certificate of Insurance listing Palm Beach State College and Palm Beach State College District Board of Trustee's as additional insured. The COLLEGE should be listed as follows: Palm Beach State College and Palm Beach State College District Board of Trustees 4200 Congress Avenue Lake Worth, Florida 33461 Cancellation and Breach: Either party may cancel this Agreement without obligation by providing thirty (30) days' written notice prior to the scheduled performance date. However, if the COLLEGE terminates the Agreement for convenience within thirty (30)days of the scheduled training,the following provisions will apply: 1. Recourse for the BUSINESS.- o In the event the COLLEGE terminates for convenience, the BUSINESS shall either: • Receive a cash payment equivalent to the value of any remaining,unused training credits,as outlined in the Scope of Services; OR • Negotiate a mutually agreed-upon alternative form of compensation, such as other services or equipment. 2. Value of Training Credit: 2024221 OPBSCandVillageofFequestaTrainingAgreementGJD Page 64 of 393 Agenda Item #5. c, The value of training credits will be based on the rates provided in Exhibit A- Upon termination,the remaining balance ofunrised credits will be calculated and paid to the BUS I E S within thirty(30) days of rec i vin g the termination notice. 3. Effect of Cash Pity ment} If the COLLEGE opts to provide a cash payment for the unused training eiredits, this payment will jo constitute full and final settlement of the training obligations under this Agreement_ Once the payment is rnadei the training portion of the Agreement will be considered Canceled, and neither pasty will have any further obligations regarding training scn ices. If the BUSINESS cancels the Agreement within thirty (30) days of the scheduled training, the BUSINESS will reimburse the COLLEGE for documented, nonrefundable expenses incurred in preparation for the traininE. The COLLEGE reserves the right to pursue all legal remedies to recover damages resulting from the BUSINESS"actionst inaction,or breach of the Agreement. Public Record Requirements: Pursuant to Section 11 9.0701, Florida Statues, BUSINESS is required to comply with the public records laws of the State of Florida by (1) beeping and maintaining applicable public records required by the COLLEGE to perform tinder this agreement; (2) upon request from the COLLEGE, provide the COLLEGE with a copy of the requested records or al]oN%r the records to be inspected or copied w1thin a reasonable time at a cost that does not evicecd the cost provided Chapter 119,Florida Statutes,or as otherwise provided by law:(3)ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract tend and following completion of the contract if BUSINESS does not transfer the records to the public agency; and (4) upon completlon of the contract, transfer, at no cost, to COLLEGE all public records in possession of BUSINESS or keep and maintain public records required by the public agency to perfonii the service. If BUSINESS transfers all public records to the COLLEGE upon completion of the contract,BUSINESS sba.11 destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If BUS MESS keeps and maintains public records upon completion of the contract, BUSINESS shall meet all applicable requirements for retaining public records, All records stored electronically must be provided to the COLLEGE, upon request from the COLLEGE, in a formiat that is compatible with the information technology systems of the College, If BUSINESS fails to provide the pubhe rccor&to the COLLEGE.within a reasonable t1me. BUSINESS may be subject to penalties under s_ 119.10_ IF BUSINESS 14AS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES., OR BUSINESS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COL.LE E"S OFFICE OF THE GENERAL COUNSEL AT 561-868-31 9, denisg@-palinbeachstate.edu,4200 S. Congress Avenue.,IMS#_21, Lake Wofth, Florida.3346 1. Compliance with Applicable Policies and Laws-. Roth parties warrant and represent that it will comply with all COLLEGE policies and procedures..as well as Federal, state, acid local laws applicable to performance of the training under this Agreement- Indemnification ; To the extent permitted by law, both parties shall release, defend, indemnify, and hold harmless each other from all snits, actions, or claims of any character, including reasonable attorney fees. brought on account of and,. injutnies or damages ari�infy out of services provided under this Agreement. Both parties acknowledge that they are sub i ect to soverei immunity Linder Florida Suitutes §76 .8, and neither party shall be liable for darnagesin excess of the statutory limits,nor shall either party be required to indemnil the other~for negligence attributable to the other pares General Pro-Osinns: 1 Nothing in this Agreement shall be constnied as an indemnification of the Business by College.. or as a VFlaiver of sovereign immunity beyond that provided in § 68.8, Fla., Stat. Each party asstutnes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, ernploveesz aria accents. ttr 2024221OPBSCandVillaueofTequesta.Training ,rcernent JD Page 65 of 393 Agenda Item #5. 2. This Agreement may not be assigned or modified by either party except as agreed to in writing and signed by the parties. If agreed to in writing and executed by the parties, this Agreement shall be binding upon the parties' successors and assigns. 3. This Agreement is governed by the laws of the state of Florida. Venue for all actions or proceedings arising in connection with the Agreement shall be tried and litigated exclusively in state or federal courts in Palm Beach County. 4. Neither party shall discriminate based on race, religion, national origin, gender, family status, sexual orientation,age,disability,or any other protected class. 5. Any and all other equipment, learning materials or personnel not contemplated in the Scope of Services necessary for the training shall be provided by and at the expense of the BUSINESS. The signatures below confirm that the parties have read and approved all terms above along with attached Scope of Services. Business Palm Beach State College Bv: By: e Nat remy Allen Name: Jennifer Alvarez Title: Village Manager Title: Procurement Director Date: P 01 t I P-0�D Date: Oct 24, 2024 EXHIBIT A Tequesta Fire Rescue has for sale a 1994,90-foot Sutphen aerial device.Palm Beach State Fire Academy has need of this apparatus for delivery of our programs. We propose an exchange of training hours, in lieu of cash, for the purchase of the above apparatus. We believe this will be mutually beneficial and help support training of firefighters throughout our county. Details of our proposal are as follows: Palm Beach State Fire Academy will provide subject matter experts for delivery of customized training designed specifically for Tequesta Fire Rescue personnel (see sample fee schedule below) and/or inclusion of Tequesta Fire Rescue personnel in our certificate courses. The custom training could be delivered at Tequesta's fire station, as we have done previously, to eliminate the need to pay personnel overtime. Please see Example Training Schedule below. We propose that this exchange happen over the course of three years, though the use of the "training credit" need not be used equally each year. Use of Training Credit will be tracked by PBSC Fire Academy and recorded on a spreadsheet. Tequesta will be provided a quotation for each training session request that will detail the cost of the training as well as the training credit "balance". 2024221 OPBSCandVillageofFequestaTrainingAgreementGJD Page 66 of 393 Agenda Item #5. SEE NEXT PAGES FOR SCHEDULE AND COURSE DETAIL 6cample Training Calendar 2025 January Live fi re(3 1/2 days) $5,400 February March Command and Control $37353 Apri May Engine Ops(3 days) $2,856 ,Lne July August September October November December Annual Total $117609 20242210PBSCandV111ageofTequestaTrain1ngAgreementGJD Page 67 of 393 Agenda Item #5. Training Topic Cost Max number of studerrts Live Fire 6cercises $1800/half day 12/day Engine Operations $952Jfull day 12/day Truck Operations $952(ful I day 12/day STAR $475.75Jhead 18Jcourse Command and Control $3,353Jcourse 24/course Fbpe Fescue Ops Level $449.75Jhead 18/course Fbpe Fb,scueTech Level $449.75Jhead 18/course Confined mace Ops Le e! $189.7,"J' head 18lcourse Confined Soace Tech Lem! $189.75(head 18Jcourse structural Coll apse Ops Level $454.75(head 18Icourse gructural GollapseTech Level $1,194.75Jhead 18Jcourse Trench Ops Level $264.75(head 18/course Trench Tech Level $194.75(head 18/course VMROps Level $479.75(head 18/course VMRTech Level $479.75Jhead 18Jcourse -Mdraul i cs $244.75Jhead 24/course Apparatus $264.75(head 12/course Aerial Operations $414.75(head 12lcourse Chemistryof Haz-Mat $204.75(head 18/course Haz Mat I $204.75(head 18/course Haz Mat II $239.75(head 18/course Haz Mat III $239.75Jhead 18Jcourse Live FireTrainingInstructor $349.75Jhead 18/course 20242210PBSCandVillageofTequestaTrainingAgreementGJD Page 68 of 393 Agenda Item #5. PALM BEACH STATE C 0 L L E G E Scope of Services Description. of Training Palm Beach State College("PBSC") Fire Academy shall partner with The Village of Tequesta,to provide training with a start date of September 23, 2024. Terms and Conditions The Village of Tequesta will provide an Agreement for the `Sale' of a 1994 Sutphen Aerial Platform in which, and upon signing, the terms outline that the Village will accept training from the Palm Beach State College Fire Academy in lieu of a cash payment. PBSC will provide training to the Village of Tequesta as outlined in Exhibit A. Both parties agree that The Village of Tequesta Agreement for the Sale of a 1994 Sutphen Aerial Platform and this Palm Beach State College Scope of Services agreement dated September 23, 2024, constitute the entirety of the engagement. PBSC shall be responsible for the pickup and transportation of the vehicle from the Business to the College premises at no cost to the Business. Payment Terms: No Cash exchange. Modifications of provisions of the agreement shall be valid when they have been reduced to writing and duly signed by all authorized parties. Business Palm Beach State College 345 Tequesta Dr. 4200 Congress Avenue, MS 70 Tequesta, FL 33469 Lake worth, FL 33461 Contact: Jeremy Allen Contact: David Hamel Title: Village Manager Title: Fire Recruit Director 1 Page 69 of 393 -------------- enda Item #5. Village e ire rain"ing (WSS 617) Final Audit Report 2024-10-24 Created: 2024-10-22 By: Lauren Czencz(czenczl@palmbeachstate.edu) Status: Signed Transaction ID: CBJCH BCAABAAtl S3dWh N U GJeA)(ZHObJlaYtEh PjJY70N "Village of Te uesta Fire Trainin WSW 617 " History L Document created by Lauren Czencz(czenczl @paimbeachstate.edu) 2024-10-22-8:08:53 PM GMT-IP address:216.114.94.10 Document emailed to Jennifer Alvarez(alvarezj @palmbeachstate.edu)for signature 2024-10-22-8:09:28 PM GMT Email viewed by Jennifer Alvarez(alvarezj@paimbeachstate.edu) 2024-10-22-8:11:08 PM GMT-IP address:216.114.94.10 Document e-signed by Jennifer Alvarez(alvarezj@palmbeachstate.edu) Signature Date:2024-10-24-8:31:24 PM GMT-Time Source:server-IP address:73.138.203.239 Agreement completed. 2024-10-24-8:31:24 PM GMT Powered by lie Adobe PAU91 BEAM STATE COLUCE Acrobat Sign ------------------ . .....------ Page 70 of 393 Agenda Item #5. V *illage Tequesta i r 345 Tequesta Drive 6 1-768-070 T questa, FL 3 469 www.tequesta.org w , Teclue to l'Libl is Works Department MernorandLIM To; Jereniv Allen. `' illa�e 1 lana(yer From: oLI(Tlas M. Chambers. Director PU lic Works Subject; I irnley-Horn Work Authorization: TeqUesta BrIdueRestoration Flans and Bid Sen.,ices Date: December. . 0 The follo�,Nrin�j auenda item outlines a 'work Authorization with I in l �-�I rn are Associates for the development of plans related to the Te uesta Bridge Restoration project. In addition to desiurninly the restorations plans. the consLrltant xvill provide bid assistance and construction support set-vices. The scope o �ork ire lUdes the folio vin elements: • Power ashin and painting of t�� l rid structure. r t minty walls. and rai l i rlo . • Cleaninor and recoatina of the steel sleet piling. 0 Replacement or damaged spandrels. • Injection anal sealing of concrete cracks at the abutments. Replacement of expansion joints. • Repair of pile cap spalls. • Paver repairs. The consLnitant is scheduled to complete the plans in preparation for bidding, by late Summer 0 . The PUblic� Works Department plans to present a recommendation for alvardinty this contract to the Vi l lase Council in October'2025. Cost and Fundinu The total cost for these services is .301.00. FUndincy has been approve l for FY2025 Under account 01- 1 -55 + . 40. I onto Chambers Z Director Department Of PLiblic Works This document may be reproduced upon request in an alternative format by contacting the Village e Clerk's office at 5 1- 8-04 0 or by completing our accessibility form: https://bi .l /3mnfeU Page 71 of 393 Agenda Item #5. VILLAGE OF TEQUESTA ENGINEERING SERVICES WORK AUTHORIZATION TEQUES TA DRIVE BRIDGE RES TORA TION DRA WINGS 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 Kimley-Horn developed 5-Year Capital Improvement Plan (CIP) for the existing Tequesta Drive bridge(Bridge)located along Tequesta Drive approximately'!mile west of N. Dixie Highway.The CIP was issued on March 28, 2022 and was developed based on deficiencies that were noted in the Bridge Inspection Report provided by Transystems Corp. and an assessment report produced by Kimley-Horn on September 21, 2021 which assessed the deficiencies noted in the Bridge Inspection Report and provided repair recommendations. The Village requested Kimley-Horn update the unit costs on the CIP in June of 2024 attached as Exhibit A. The Village would like Construction Drawings with Specifications to detail the repairs needed to restore the deficiencies noted In the CIP as well as assistance with the bidding/permitting process and limited construction phase services. SCOPE OF SERVICES Kimley-Horn will perform the following services: Task 1 —Te uesta Bridge Site Visit & Document Review:The Consultant will review readily available relevant existing as-built plans, photos and maintenance records that pertain to the subject bridge.The Consultant will perform a site visit to conduct a limited visual inspection of the current condition of the bridge with the intent of documenting the current condition of the previously identified deficiencies documented in the CIP and note any changes to the conditions previously reported. If additional deficiencies are observed those deficiencies will identified and reported to the Village for review. Kimley-Horn will document the approximate location of the deficiencies and collect information on approximate extents and/or quantities of repairs in order to prepare the construction documents. It is our expectation that the repairs included in the construction documents will be limited to the following: - Power washing& painting of the bridge structure including the retaining wall portion of the bridge structure and the decorative railing - Clean/Recoating and patching of the steel sheet piling. • Replacement of damaged spandrel section on south side of bridge • Inject and seal concrete cracks at the abutments. 6 Replace expansion joint between sidewalk and bridge (north and south abutments). • Repair pile cap spalls. Leveling of pavers for any tripping hazards. Page Iof4 Page 72 of 393 Agenda Item #5. Task 2 — Teguesta Bridge Construction Drawings; Kimley-Horn will develop a set of construction drawings for the restoration and repair of the Bridge deficiencies as noted above and as determined from the site visit that will be completed during Task 1. It is anticipated that the Construction Drawings will have the following sheets: Cover Sheet, General Notes, Material Specifications, Product Specifications, Structural Details, and Annotated Photographs to convey the intent of the repairs. A preliminary (90%)plan set will be submitted to the client for review. A 100% (Final) set of signed and sealed drawings will be prepared and submitted to the client. This task includes up to two (2) 1-hour virtual or in-person meetings with the Village to discuss the 90% and Final plans submittal. This agreement does not include the repair or design details for those items which may be concealed or hidden at this time but uncovered during the construction phase of the repairs. Task 3—Bid Assistance; Consultant will prepare a Bid package for the use in solicitation of Contractors. Bid documents will consist of the following: Scope of Work, Quotation Form, Bid Form, Technical Specifications, Bid Drawings. This task assumes that the Client will provide all front end and contractual documents required for the project. Consultant will conduct an on-site pre-bid meeting with potential bidders. Consultant will tabulate the bids received and evaluate general compliance of bids with the bidding package requirements. Consultant will provide a summary of this tabulation and evaluation. If requested, Consultant will notify the selected Contractor. Task 4—construction Phase Services• Kimley-Horn will perform the following construction phase services, on a labor fee plus expense basis. Labor fee will be billed on an hourly basis according to our then-current rates. • Organize and conduct a pre-construction meeting before start of construction. • Make up to six (6)site visits to observe the progress of the work. observations will not be exhaustive or extend to every aspect of Contractor's work, but will be limited to spot checking and similar methods of general observations. Based on site visits, Consultant will evaluate whether Contractors work is generally proceeding in accordance with the construction documents and keep client informed of the general progress of work. Based on the site visits Consultant will prepare corresponding field reports documenting observations, the following site visits are anticipated: o Patching/Coating of Steel Sheet Piles o Demolition of Spandral o New Spandral Reinforcement o New Spandral Casting Page 2 of 4 Page 73 of 393 Agenda Item #5. o Placement of New Spandral o Injection of Cracks • Attend up to two(2)construction meetings with Contractor and/or product representatives to review in-situ conditions / intended product installations and prepare written report summary of the meeting. • Review up to five (5) total of shop drawings, samples, substitutes, and submittals; which Contractor is required to submit, but only for general conformance with the Contract Documents. Such review and any action taken in response will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. Any action in response to a shop drawing will not constitute a change in the Contract Documents, which can be changed only through the Change orders. The following are anticipated for review: o SSP Patching Plan o New Spandral Reinforcement o Concrete Mix Design for New Spandral o Crack Sealing Material o Expansion Joint Material Consultant may recommend Change Orders to the Client and will review to Change Orders (up to three) submitted or proposed by the Contractor for interpretations, clarifications and information. • Based on its observations and on review of applications for payment and supporting documentation, Consultant will recommend amounts that Contractor be paid. Recommendations will be based on Consultant's knowledge, information and belief, and will state whether in Consultant's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. Consultant's recommendations will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. • When requested by Contractor and Client, Consultant will conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. • Prepare a punch list of outstanding/deficient repairs at substantial and final completion • Consultant will conduct a final site visit to evaluate whether the completed work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend final payment to Contractor. ADDITIONAL SERVICES Environmental permitting services are not anticipated or included within the above scope. 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. Page 3of4 Page 74 of 393 Agenda Item #5. SC H EDU LE We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreeable schedule. COMPENSATION Kimley-Horn will perform the scope of services described in Task 1 through Task 3 for the total lump sum fee shown below. Task 1 - Tequesta Bridge Site Visit& Document Review $51570 Task 2 -Tequesta Bridge Construction Drawings $26P225 Task 3 - Bid Assistance $7,506 Total Lump Sum Fee $39?301 Task 4 will be performed on a labor fee plus expense basis with the maximum labor fee shown below. Labor fee will be billed on an hourly basis according to our then-current rates. Finley-born will not exceed the total maximum labor fee shown without authorization from the Client. Task 4 - Construction Phase Services $201000 TEQUESTA DRIVE BRIDGE RESTORATION DRAWINGS Accepted by: Village of Tequesta Kimley-Horn and Associates, Inc. Digitally signed by Jeremy Allen Je remy AllenDale:2024.11-2G 12-13:19 _05,00, Jeremy Allen Michael F. SRW art z, P.E. Village Manager Sr. Vice President Date: Date: Page 4 of 4 Page 75 of 393 Agenda Item #5. Exhibit A Ki m1 Horn ]ate. Ailamh 2022 Proje at Name: Tequesla Drive Rddgs 5 Year ClP %General Conditions lfemNo. Or~aservauan R rrsndodFtepair Aasfirnpflorrs C rf fFa "rm ellame Quanifly ;Jnr7 I,ln+7 r�otf TofatColl ,I iGmetal slasinrg and disColor4ton of b6clga Pa;rd Pmerwnh,CIiss V punt.ConLiUvr ry kvJuC,3d.tarn Is W Include relainin *al perlon,Includes MCh]jZai:on. MxMenancc 5 yea., 7Ci7D SF S 156'GOO 2 corros:aan on artet st'.eel Pda Cn norLseasl wng wal In-srku coa ft of Oee3 sheel p<le Rust rema+al,riecoaUng,wn"akrkmma Included,IirtkS6 rndude rlroL4a pordon KH Irls{5{eckcn 5 yesn. IN,) "} S 1C3 S 120.E Spandrel on scuLh sWe has Impact damage Rrplar-mefnt of the darnaged soon H emevo rotalad secuun,dowl tnlo exis'ing upper 3 tec`on,pfa�asl sparkVul sodlion to rnal;.h exiwilang, Pairt and m hlizalion covered in hem 1 KH in ectlan 5 yeafs 1 LS S 50,DO0 S 51].0�10 4 Cafticxele cracks at abu merts Inject&srt,1l Concfele creeks KIotilaahc:a muluded Wthltaiprl 5 KH in 'on 5 Loa ofa 135 LF * 35D S 33,250 5 WaLer Crilrusean aeaining at expansion joint la wn Replace EJ be"cri ii dew,4k and bfldge Ramova damaged expansllun]saint,dean area on north arkd south aides KH InspwCllan 1-5 years 355 LF S 11Q S M.050 6 lea:i_hts are Lndemzter durng hf9h We Re'ocarte bridge Lights 3 feet sleeve current cha50 nOw l'94 ,irre:t�m wr fixtures 3'up,fafor,le maWr IlN#n dloctrlcal.seal. f?irecCcwd i•SyeZrs a EA 5 i.o 7 E31 erarfi"Cn' FLU operunps ckn Vie und4wOde a Itie bradge Cleaning of Lhe areas_addng siliconle of olhtf rot€ -dyer to 2FUVenl beta freers FaMbng 1 matuliail IC Ow area Directed 1-5 yvars 1575 LF S e 5 25JOO I.Pending Several bal spades afe faderar'j grol*vWd and carwja#he fefnuyed_ 2 Cast east mates for Items 1 Itifough d as arrne rrrpalis era perol"r€ned Mnclufendy tinder 1 contractor, Subtotal: S 43114G0 10%En,0Ineering and permlWng: S 43,140 1041:Ccntingeracy. S •13,140 BUOGET TOTAL, 517,68U dote:The vafues sho+'n do"I indude inAatiam The`Cuns d!a^t F.as ru contrc?over the ccsl of labor,mala±rlals•equapr erns.of over lha Conlractces methods of delerrmning prtces of Cver comp!'hUye tWddiN of rnarMvt condllans.Opinions of Pro babfnf Col;S pfavded hafeln are baied on the mfofmabon kwvm 31 this tlrne and rsprimwd only the judgmanl m ai dims'cg.i re de�t;r nal farn?l;ar kith the consLrucdan Indus".Thla Rlrtlrnste rmnnot and does not guaranteo Ihst proposals.(rids,or actual Corlsuucl:an cosis W11 feat val from its opiWons of prot13ble eoala Page 76 of 393 Agenda Item #5. 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 1mcwi11iams@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 77 of 393 Agenda Item #5. V*111age Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org ■ Date: December 12, 2024 To: Jeremy Allen, Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department From: David Tinoco, Water Distribution &Stormwater Superintendent Re: Consider Approval of Ground Penetrating Radar Purchase from Power-Tel Utility Products Inc. for$22,450 Before Fiscal Year 2025, it was recognized that a second Ground Penetrating Radar (GPR) was necessary to meet Sunshine811 utility locates deadline during high demand periods, by ensuring the availability of two utility line locators when necessary. The new GPR unit will also facilitate the precise location of water and storrnwater mains for mapping in the Geographic Information System (GIS) and provide a backup when one of the GPR units is down. Quotes were requested from qualified vendors for the purchase of a GPR unit resulting in quotes received from four qualified vendors, Power-Tel Utility Products Inc., Geophysical Survey Systems, Inc., Vermeer Southeast and Green Equipment Company. Each quote was reviewed by Utilities staff for adequacy and the tabulation of quotes is below: Vendor Model Quotes Notes Power-Tel Utility MALA Easy Locator Core (RTC Mini $22,450 Demo completed. Products Inc. Package) Dual Frequency with Bluetooth connection rough terrain cart and GPS antenna. between radar unit and tablet Geophysical UtilityScan SYS-G2 Toughbook w/o $20,,460 No Demo. Bluetooth Survey Systems, Linetrac Single Frequency with connection between Inc. (GSSI) rough terrain cart. No GPS antenna. radar unit and tablet Vermeer US Radar GPR Triple Frequency with $25,107 Demo completed. Southeast rough terrain cart. No GPS antenna Bluetooth connection between radar unit and tablet Green R100-10-0148--Sensors&Software $31,987 Non-responsive to Equipment LMX200 Portable GPR Single multiple demo requests. Company Frequency with rough terrain cart. Disqualified No GPS antenna. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's office at 561-768-0440 or by completing our accessibility form: httPs:ZZbit.lyJ3mnfeU4 Page 78 of 393 Agenda Item #5. After evaluation of the submitted proposals, Utilities Department staff recommends purchasing the Ground Penetrating Radar from Power-Tel Utility Products Inc., based on pricing and options with their GPR unit. Funds for the services provided will come from the Water Fund, Water Distribution Division, Account#401-411-664.600 Water Fund—Machinery/Equipment—Account#401-411-664.600 Budgeted amount: $26,1000 Available amount: $11L000 Expenditure Request: $22A50 Amount remaining after request: $88,550 Page 2 of 2 Page 79 of 393 Agenda Item #5. P OWER EL U P CTS e T T LITY RODU IN 2021 N Atlantic Ave.Number 227 Cocoa Beach, FL 32931 (Tel) 727-725-4751 www.ptupcorp.com Guideline Geo Americas Easy Locator GPR Quotation Prepared by: Kimberly Kuharic Date: 10/14/2024 Prepared For: Village ofTequesta Attention: David Tinoco 136 Bridge Road Mobile: (561)262-4335 Phone: (561) 768-0484 Tequesta FL 33469-0273 Email: dtinoco@tequesta.org tequesta.org Power-Tel Utility Products is pleased to offer this cost proposal for a MALA Easy Locator Core Ground Penetrating Radar System with Mini Rough Terrain Cart. The proposed system is configured for the detection of buried utilities,underground storage tanks and other buried obstructions. We look forward to the opportunity of providing you the most advanced digital GPR technology available and demonstrating our long-term commitment to customer support. Product# Description Unit Cost pty Net Total 22-005917 MALA Easy Locator Core(RTC Mini Package) $17,300.00 1 $179300.00 package includes the following: 21-005915 1 Easy Locator Gore(includes antenna,tablet holder, 2x li-ion battery&pristna pole adapter) 21-002555 1 MALA RTC Mini-including encoder&tablet holder 30-0021 80 1 Dual Li-ion Battery Charger x 18-001033 1 MALE.Vision Premium-3 months,Prepaid subscription 18-001032 1 MALA Vision Community License(after 3 irnonth premitim trial) 1-001$87 Samsung Galaxy Tab Active Pro 5G+M ALE,►Turnkey 1 Pre-configuration 1 IP68_water and dustproof,shock resistant $900.00 ; 1900.0 RCH2O4 Reach RS2+Antenna $200.00 t 1 $21)600.00 21-005921 RTC Mini CAPS Mount $1,125.00 $1,125.00 t Net Total $2 I 5925.00 P MALA. Eas Locator Core Freight/Handling $525.00 i Option Package configured with Mini Rough Terrain Cart FL Sales Taxi` TBD I t Order Total: $22,450.00 *FL customers: A valid tax exemption or resale certificate is required or we will have to add sales tax to invoice. Page 80 of 393 Agenda Item #5. Recommended optional items not included in quoted pricing Product# Description Unit Cost (sty Net Total 1 8-00 1 034 MALA Vision Single- 1 year prepaid subscription $828.00 1 $828.00 30-4950002+6 EL Core Battery(single) $435.00 1 $435.00 3 0-002 1 80 EL Core Dual Li-Ion Battery Charger $580.00 1 $580.00 Terms and Conditions DELIVERY Approximately 2--4 weeks ARCS PAY TERMS Due in full prior to shipment(Net-30 days for federal,state,county and municipal agencies/utilities only). Funds payable by check or electronic Rinds transfer-no credit card purchases accepted. All sales are final. TAXES State/local sales taxes are the responsibility of the buyer for all sales outside of Florida&South Carolina. If non-exempt,please refer to your state's tax requirements regarding non-exempt out of state purchases. FREIGHT F.O.B.Summerville, SC(ships UPS Ground unless specified) TRAINING Purchase of a MALE►GPR System includes one-time training at no additional cost.Gnsite training will be offered within the Power-Tel representative coverage area.Travel and lodging costs are the responsibility of the customer. Please contact Power-Tel for scheduling. Additional training subject to cost and availability. WARRANTY Guideline Geo Americas,Ine.warrants that for a period of 24 months from the delivery date to the original purchaser,their instruments will be free from defects in materials and workmanship. For accessories,the warranty period is 12 months. Guideline Geo's obligations are limited to repairing or replacing parts or equipment which are returned to them without alteration or further damage and which in Guideline Geo's judgment,were defective or became defective during normal use. The customer is responsible for arranging and paying for shipping to return the defective product.Guideline Geo will bear the shipping costs for repaired products back to the customer during the warranty period after they have been provided with a Return Material Authorization number. FCC As of July 15,2002,new n.fles promulgated by the Federal Communications Commission(FCC)are in effect regarding the use of ultra--wideband(UWB)technology which includes Ground Penetrating Radar(GPR). The Guideline Cleo Americas, Inc.GPR system that is quoted on this document is approved by the FCC. For more information you may access the FCC website at www.fcc.gov. Please do not hesitate to contact us should you have any questions or if we can be of any further assistance. SEND.ALL PURCHASE ORDERS TO ORD,RS PTUPC0RP.C'OM Page 81 of 393