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HomeMy WebLinkAboutAgreement_Water Service_6/12/2025_EW Consultants, Inc. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Date: May 18, 2025 To: Jeremy Allen, Village Manager Through: Marjorie G Craig, PE, Director, Utilities Department From: Allyson Felsburg, Deputy Director, Utilities Department Re: Consider Approval of EW Consultants, Inc. to Perform Gopher Tortoise Survey and Relocation for$15,250 The Utilities Department (UD) recommends approval of the proposal submitted by EW Consultants, Inc. (EWC) for work to be conducted at surficial well site #19 (SA19). The work will be a required Gopher tortoise survey, Gopher tortoise permitting, and possible relocation of tortoises away from SA19. EWC's proposal is for $15,250 to complete permitting and relocation of up to two Gopher tortoises. The LID has a planned capital improvement project to replace SA19, located within Tequesta Park. Due to the occurrence of gopher tortoises within the park, a gopher tortoise survey was conducted by EW Consultants to identify possible burrows inhabited by gopher tortoises. Two burrows were identified as possibly being inhabited. Full excavation of the burrows is required and if there is a gopher tortoise present, it will be relocated, as required by Florida Fish and Wildlife Conservation Commission (FWC). Per FWC requirements, a permit, accompanied by a survey performed by a certified wildlife surveyor, is required to be submitted for possible inhabited burrows. After the permit is approved the burrows will be excavated and any gopher tortoises will be relocated at a rate of $5,500 per tortoise uncovered. Funds for the services provided will come from the Water Fund, Production Division Account #401-242-534.300 Other Contractual Services. Water Fund— Production Division—Account#401-242-534.300 Budgeted amount: $26,500 Available amount: $19,745 Expenditure Request: $15,250 Amount remaining after request: $4,495 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://bit.ly/3mnfeU4 EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services CONSULTANTS, INC. April 11, 2025 Allyson Felsburg, MBA Deputy Director, Utilities Department Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 RE: Well 19 Site Gopher Tortoise Permitting and Relocation; Environmental Consulting Services Dear Allyson: Pursuant to your request regarding the above referenced project, EW Consultants, Inc. is pleased to provide this letter agreement for professional environmental consulting services. PROJECT UNDERSTANDING From the information you provided, we understand that you would like our assistance in securing a FFWCC permit for relocation of tortoises and excavation of up to two gopher tortoise burrows from the referenced well site and surrounding area(0.2 +/- acres). Based on this project understanding, we are providing the following scope of services, schedule, and fees for your consideration. SCOPE OF SERVICES Task 1 —Gopher Tortoise Relocation Permit- Under this task, we will prepare and submit an application for a 10 or fewer burrows relocation permit through our licensed gopher tortoise agent. We will process the application and provide any needed additional information for issuance of the permit. 1000 SE Monterey Commons Boulevard, Suite 208 • Stuart, FL 34996 772-287-8771 • Fax 772-287-2988 www.ewconsultants.com EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services Task 2—Gopher Tortoise Relocation - We will provide one of our in house licensed gopher tortoise agents as well as the equipment and field staff necessary to complete the gopher tortoise burrow capture in accordance with the relocation permit once it is issued. We will conduct backhoe excavation of up to two potentially occupied burrows in accordance with permit requirements. We will process and deliver any captured gopher tortoises to the off site receiver bank and secure the necessary documentation from the receiver bank to complete the required after action report submittal to FFWCC. The permit will authorize capture and relocation of up to two gopher tortoises. Task 3—Third Party Fees - Based on the observed burrow count(2 POB) and our experience, we will secure a permit for relocation of up to two gopher tortoises projected to be captured for relocation. The number of two tortoises was requested in order to reduce the need to modify the permit during the capture process, as reservations are limited and modification of the permit can be time consuming. Two captured tortoises is the basis of the following third party fee calculation, however, only actual costs will be invoiced based on actual capture and relocation. FFWCC "Mitigation Fee"— Approximately $250.00, actual amount, including credit card service fees will be invoiced. Receiver Bank Fees— The receiver bank reservation required for permitting is anticipated to be through"711 Ranch Unit 1" receiver bank. They charge $5,500.00 per tortoise and we coordinate delivery and/or pick up with them. Applying up to two tortoises,the total for the receiver bank payment may be up to $11,000.00. The receiver bank will provide the "reservation letter"that is required to secure the permit. We will invoice upon completion of the relocation based on the actual total number of tortoises captured. Total Receiver Bank Fees—Up to $11,000.00 1000 SE Monterey Commons Boulevard, Suite 208 • Stuart, FL 34996 772-287-8771 • Fax 772-287-2988 www.ewconsultants.com EW Consultants, Inc. Natural Resource Management, Wetland, and Environmental Permitting Services SCHEDULE We will provide our services in an orderly and expeditious manner to meet the mutually agreed project schedule. FEES AND BILLING We will provide the services described in Tasks 1 and 2 above for a lump sum fee of $4,000.00. The lump sum amount includes all direct expenses related to the tasks at cost with no mark up. Invoices for FFWCC mitigation fees and receiver bank fees will be actual cost with no mark up. Copies of payment records/invoices from FFWCC and the receiver bank will be provided as back up. Billing is monthly based on percentage complete for lump sum tasks. All invoices are due and payable within 30 days of receipt by the Client. If you would like us to proceed with these services,please sign this agreement in the space provided below and return it to us. This will be considered notice to proceed. We look forward to the opportunity to assist you on this project, and if you have any questions, please feel free to call me. Sincerely, EW Consultants, Inc. Digitally signed by Edward R. Edward R.Weinberg Weinberg Date::0816-04'0'11 12:08:16-04'00' Edward R. Weinberg, President AUTHORIZATION: Digitally signed by Jeremy Allen Jeremy A I e n Date:2025.05.02 10:17:25-04'00' Signed: Title: Jeremy Allen,Village Manager Date: see digital signature 1000 SE Monterey Commons Boulevard, Suite 208 • Stuart, FL 34996 772-287-8771 • Fax 772-287-2988 www.ewconsultants.com 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 lmcwilliams@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. "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 ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."