HomeMy WebLinkAboutDocumentation_Regular_Tab 14_11/10/2016 ;,��
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Comprehensive Analysis
Utilities Department
To: Michael Couzzo, Village Manager
From: Sam Heady, Deputy Director of Utilities
Date: 10/19/16
Subject: WTP CIP- Engineering Services
I respectfully present the following Comprehensive Analysis to the Village Manager.
The Village of Tequesta has an approved Professional Engineering Agreement for Services with
Kimley Horn.
Attached is a proposed work authorization with Kimley Horn to cover the design and permitting
services for the water plant 2017 CIP projects.
The 2017 renewal and replacement work will consist of new filter valves, new filter panel, acid
and caustic tanks, and a motor control center for new electrical equipment.
The cost is: $119,500
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VILLAGE OF TEQUESTA
UTILITY ENGINEERING SERVICES WORK AUTHORfZAT10N
WTP-MISCELLANEOUS UPGRADES
This Wock Authorization authorizes Kimley-Horn and Associates, Inc. to perForm work set forth
herein and is issued pursuar�# to The Professional Engineering Services Agreement, between
the Village of Tequesta ("Clien�" or "Village") and Kimley-Horn and Associates. lnc. ("Kimley-
Hom" or "Consultant"), dated May 12, 2016 ("AgreemenY�. All terms and conditions of said
Agreement are hereby incorporated and made part of this Work Authorization.
PROJECT UNDERSTANDING
The project involves various upgrades to the WfP facilities, as follows.
, • FilterValves—Motoroperatedvalves(MO�forthefilterfacepipingwrilibereplaced.
This will include both the motors and the vaives. The sta�ters are curren�y integral with
the MOV and will now be located 'in the new Motor Cont�ol Center (MCC). The new
vaives and operators shall be shop primed only.
+ IVew Filter Panei There are currently finro panels; one is the original and now functions
as a manual control location and pullbox and the other houses an Allen Bradley PLC.
� ' This .project wifl include removal of the originaf panel' and replacement with a new panei
" . where all flow transmitters and displays will be tocated in addition to manual controis for
� afl valves. The other panel will be retained but upgraded to include a new PLC.
• MCC in Old Controt Building. The electricat gear in the Old Control Building has
signfican�y exceeded its normal life expectancy. Repair part availability has become
ptoblematic. This project will include demolition of the old gear and replacement with
. new. - The equipment includes elecfrical gear for four high service pumps as well as
miscellaneous items associated with the fiiter plant. The existing generator will be
, removed and the new gear will be installed in Its location. Provision will be made to add
a future portable generator just outside the existing buiiding to replace the one being �
demolished. Provision for a contractor pertormed short circuit study, coordination study
and aro flash study will be incorporated into the project for the enfire plant
• HVAG To aid in increasing the life expectancy of the new gear, the MCC Room wili be
. � air c�nditioned.
• SCADA System -The proJect wiil include conversion of the plant SCADA system to
Ethemetwith suitable upgradesto PLC's, Ethemet optical communication modules and
• HMI operating software usingthe latestversion ofAllen Bradtey/Rockweli Automation
for PLC's and HMI's. This element of the project will be bid as an additive altemate to
the exterrt possible. ' '
• • Acid 1 Caustic Bulk and Day Tanks- The existing acid and caustic bulk and day tanks
have exceeded their normal life expectancy. The project includes replacement of both
bulk tanks and both day tanks.
.• HS Pump Conversion to VFD — One of the high service pumps in the Old Control
Building will be provided with a VFD, possible. The existing TEFC motorwill not be
changed.
• New PLC UO panel in MCC/Control Building for monitoring and controlling the four high
service pumps and all equipment powered out of the new PLC.
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SCOPE
� The project will be performed in two phases, as set forth below.
Phase I— Design and Permitting
Kimley-Hom will provide senrices related to design and pemnitting of the project
including the following: � �
1. Meetwith the Ullage to review the scope and agree upon design details.
2. Vsit the site to record observable. existing conditions that may afFect the design.
3. Prepare 60% plans and an outline specfication. '
4. Meet with the �Ilage to review 60% plans.
. 5. Prepare the 90% design plans and specifica�ons for submittal to the Village for
review and comment .
6. Prepare an updated Opinion of Probable Construction Cost.for the Project.
7. Meet with the Village to ceview the comments.
8. Prepare the 100% Construction Documerdts incorporating �Ilage comments.
Documents will be delivered in hard copy and electronic format (PDF, CAD, and
MSWord� as applicable) -
9. Prepare a Final Opinion of Probable Construction Cost for the Project.
10. Prepare and submit the applicable Paim Beach Couniy Health Depariment �
permit application for the project and secve as the Viltage's representative
through the pennitting process.
. Phase II — Bid and Construotion $ervices
Wortc performed during this phase wili commence upon oomple�on of�the design and
permit�ng phase and conclude upon comple�on of construction. The following specific
tasks wiil be perFormed by the Engineer.
1. Assist the �Ilage with the contractor procurement process including attendance at
the pre-bid meeting, assistance with response to bidder RFI's,: addenda
preparation assistance, review of the apparent low bidders proposal, and
identification of the lowest responsive, responsible bidder for recommendation of
award. ,
2. Administer the constcuction contract induding perFormance of all "Engineer" du�es
as set Forth in the construction contract
3. Conduct periodic site visits to evaluate whether the contractors work is in general
compliance with the construction contract
4. Provide a resident project representative (inspector) on a part time basis.
5. Schedule and conduct the Preconsfruction Confer�ence.
6. Prepare and issue minutes for� all construction meetings.
7. Review and, approve the project schedule.
8. Review and approve the Schedule of Values.
9. Review, approve, or take other appropriate action, on Shop Drawings.
10. Conduct periodic construction Progress Meetings.
11. Review Pay Requests and make recommendation for payment.
12. Confirm presence of Stored Materials.
13. Prepare record drawings based on Contractor supplied documentation and provide
to Owner.
14. Witness concrete pours and review testing lab reparts.
15. Wifi�ess pressure tests.
16. Witness equipment performance tests.
17. Review 08M Manuals for compliance with specification requirements.
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18. Res ond to Contractors RF1's.
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. 19. Prepare Field Orders as appropriate.
20. Evaluate change order tequests, make recommendation for processing and
prepare documentafion as appropriate.
21. Review startup reports for satisfaction of specfication requirements.
22. Provide the Owner with. a final set of approved shop drawings and record drawings.
23. Prepare a final punch list items.
24. Certify the project completion to the applicable goveming agencies if the ,project has
been constructed and is operating in general accordance with the construction
contract
AD[11TIONAL SERVICES
Any senrices 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 Authoriza�on
and will be performed based on subsequent Work Authorizations approved prior to perFormance
of the additional senrices.
INFORMATiON AND SERVICES PROVIDED BY THE . VILLAGE
fGmley-Hom assumes that all information provided by the Village can be relied upon in the
perFormance of professional servic�s. The following information shall be provided to Kimley-
Hom and/or the following services will be performed by the Village.
• Access to the Site
• Record Drawings and Data as requested and available
ASSUMPTION3 AND CLARIFICATIONS
The fees stated in this Work Authorization are based on the following assumptions and '
claMica�ons:
1. The Owner will p�ovide accurate as-built information conceming the existing facility
� relevant to the Consultant in preparation of his work product and as are available.
2. The Owner wiil pay for all applicable permit�ng and application fees directlyy to the
permittlng agencies. �
3. The Village will provide any excavations and data required to confirm the
vertic�al/horizonfal location information of underground utilities needed to be located to
fac9litate the design.
. 4. The construction contract wilf be developed using the standard EJCDC documents.
- ` 5. The Engineer wil[ administer the contractor procurement process including the prin�ng
and distribution of plans, speciflcations bidder instructions and addenda as applicable.
6. Any asbestos/lead paint festing/surveys/reports that may be required pursuant to any
demoli�on a�tivities will be paid for directly by the Village.
7. The project design will be configured to incorporate additive alternate bid item(s) as
noted. •
8. All Engineer submittals to the Village will be in electronic and paper copy fonn.
9. Fees for construc�on phase services are based on an assumed construction duration
described below. Const�uction phase services provided beyond this durafion wtll be
considered additional services. �
10. The lump sum compensation as set forth herein is based upon the rate structure
included in the Agreement
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SCHEDULE
Kimley-Hom will complete:the work set forth he�ein wifhin the times indicated' belo.w afiter receipt
of an executed UVork Authorization and Furchase Qrder,. exclusive.:of delays beyond the control
of Kimley=Horn.
Ptaase �I — 4 montfis .(subjecf fo Village review and permitting agency timeline)
, _.
Phase li —12 months (subject #o eonfracto.�'s const�uction schedule)
COMPENSATION
Kimley-Wom will perform:the services described in the Scope:of $eruices:on a lurrmp sum basis.
All pennitting application,:and similar projecf fees�will be,paid directly bythe Village. Lump sum
fees wilf be invoieed monthly based upon the overalT percentage of seivices performed.
Pha.se :l - $1:1.9,500
Rhase ll —(to 6e submitted for approval at a lafer date)
Accepfed .by.:
Village of Tequesfa Kimley-Hom and Associates, Inc,
Michael R. Couzzo, Village Manager Kevin 5chanen, R.E`,, Vice President.
`Date:. Date: �-� :�'�_b�
PROI'ESSIONAL �NGINEERING SERVICES AGR�EMLNT
THIS AGREEM�NT, between tlze Village of Tec�uesta, a municipal corporation �vith offices
located at 345 Tequesta Drive, 33469 (hereinafier referred to as the "VilFage") and Kimley Horn &
Associates, Inc., a Florida corporation witli offices located at ] 920 Wekiva Way, West Palm Beach,
Florida 33411 (hereinafter referred to as "Engineer") is entered into this ��' day of May, 2016,
effective immediately.
WHEREAS, the Village requires certain engineering serviees, including but not limited to
engineering services for ifis water utility/system and gezieral civil projects, heceinafler referred to in
general te�-ms as "Work"; and
WHEREAS, the Village I�as selected Engineer under the provisions of Sec. 287.055, Fla�ida
Statzr[es, also known as the "Consultant's Competitive Negotiation Act" ("CCNA") and desires to enter
i�ito a"continuing conh•act" with Engineer within the meaning the CCNA for provision of Work related
services pursuant to this Agreement; a;�d
lVVHEREAS, the Engineer I�as represented to tlie Village that it is capable and prepared to
provide such Worh services under the tenns and conditions set forth herein. �
NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
ARTICLE 1- TERM; AGREEMENT NOT EXCLUSIVE
Tliis Agreement shall remain in effect for a term of three (3) years from the date of this ;
Agreement with three (3) one (1) year options to renew, unless otherwise terminated as provided herein .
at Artiele 13. Each option to renew shall be exercised automatically unless either party gives notice to
the other at least sixty (60) days prior to the end of the term of its intent not to renew. Additionally, the
x parties may extend the Agreement upon mutually acceptable terms and conditions. Any such extension
shall be in writing and must be executed by both parties. The extension rnay provide for the completion
of all tasks previously authorized by the Village in accordance with Article 2 unless terminated in
accordance with Article l3 hereinbelow, or allowed to lapse by failure to extend same at the end of the
� term. Any and all CSA Work authorizations issued during the tenn of this Agreement (including any
extensions) shal( remain in full force and effect beyond the tenn of this Agreement (including any
extensions) as set forth herein, unless otherwise terminated in accordance with Article 13 hereinbelow.
Nothing in this Agreement sE�all prevent the Village from employing other consultants to perform
the same or similar services. The Village also retains the option, at its sole discretion, to perform any and
all professional engineering services by utilizing Village employees or other engineers.
, : , . . _ .- • - . . . � - -.. ,. Page 1 of 10 . .
ARTICLE 2- SERVICES TO BE P�RFORMED BY ENGINE�R; INSTRUMEN�" OWN�RSH]Q'
2.1 - Services
Engineer shall perform certain professiona] general civil/engineering services and such other
related services as may be i•equired by the Village from time to time which are specifically authorized by
the Village and set forth in a specifc Scope of Services (herein referred to as the "Work"). Each sucli
specific authorization will be referred to as a Consuttant Services A�rthorization ("CSA"). Each CSA
shall be designated as a consecutively numbered exhibit to this Agreement and shall be attached hereto
and incorporated by reference as part of this Agreement. Each CSA fonn will set forth � specific scope
of services, total amount of compensation and completion date. An individual CSA for projects costing
up to twenty five thousand dollars {$25,000.00) must be approved by the Village Ma»ager prior to
commecicement of any work by Engineer, as more particularly set forth befow (2.3 — Process). For all
projects valued in excess of twenty five thousand dollars ($25,000:00), the individual CSA must be
approved by tile Village Council prior to commencement of any work by Engineer. Typical projects that
may be authorized include, but are �iot necessariiy (imited to the fotfowing:
1. Raw water pipe cleaning
2. Chemical feed system upgrade
3. Stormwater design
4. SCADA system upgrade
5. Filter Plant Upgrade
6. New MCC Room
7. Membrane Replacement
8. Aluminum Covers for Chlorine Tanks �
9, All types of permitting _
10. Roadway design
2.2 - Ownership
A{I instruments of professional services including, but not limited to, documents, records, disks,
original drawings and/or other information created and/or procured by Engineer for any authorized
Project shall become tlie property of the Village upon completion of the work for which the asset was
utilized and upon payment by the Village in accordance with the applicable CSA and Article 16.
2.3 — P rocess
The Village and Engineer wilt confer prior to the issuance of any CSA to discuss the scope of the
Work, the time needed to complete the Work, including phasing, if any, and the fees for services to be
rendered in connection with the Work. Thereafter, Engineer will submit a proposed CSA to Village
which shall state with specificity and detail the scope of Work, the time for completion, incfuding
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Uhasing, if any, and the fees. CSAs may divide the Work into individual tasks or phases, as discussed
between ttie Village and Engineer prior to the issuance of the CSA. At the discretion of Village
Manager, CSAs for certain general utility civil services of �ninimal scope (those that do i�ot exceed
$15,000.00 total cost per CSA) may be issued verbally for purposes of eapediency, but sl�all be foliowed
up by Engineer with a written CSA as soon as practical. Additionally, at the discretion of Village, a
written CSA for general Work services to be performed over a specified period of time (months, or years)
may be issued. [ii such event, Engineer shall invoice Village fi�om time to titne, pursuant to Article 3
hereinbelow, against the agceed fees based on authorization fi•om tlie Village Manager.
Engi»eer shall commence no Work prior to receipt of Village authorization. Engineer sha[I not
exceed the fee amount in any CSA without prior Village authorization.
Vil{age agrees to cooperate with Engineer at all times with the provision of plans or other data in
the possession of Village and available in Village files for any Work authorized hereunder.
ARTICLE 3 - COMPENSATION
3.1- General
The Village shall pay Engineer in accordance wrth each individual CSA; however such CSA
shall be based upon the Fee Schedule attacl�ed hereto as Exhibit "A" and incorporated by reference as
part of this Agreement. Such Fee Schedule may be adjusted by mutual consent of both parties.
Compensation based upon such Fee Schedule will be negotiated as a tump sum price or as an hourly rate
for each individual CSA as set fortli in Article 2 hereinabove. Payments shall be made by Village to
Engineer on a monthly basis, pursuant to Engineer's invoice for Work completed.
3.2 = Reimbursable Expenses
All requests for payment of "out-of-pocket" expenses which may be eiigible for reimbursement
shall be included on the individual CSA applicable to the project. Copies of paid receipts, invoices or
other documentation acceptable to the Village Manager may be requested by the Village for
documentation sufficient to establisli that the expense was actually incurred. No payment will be made
for items not listed on the CSA un(ess approved by the Village Manager prior to the expenditure by
Engineer.
ARTICLE 4 - INSUItANC�
During the performance of the services under this Agreement, Engineer shall maintain the.
following insurance policies written by an insurance company authorized to do business in Florida:
I. Professionad liability insurance with bodily injury limits of not less than $2,000,000 for
each claim, and with properly damage limits of not less than.$2,000,000 for each claim.
Page 3. of 10
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2. General and Automobite liabifity insurance with bodily injury limits of not less than
$500,000 for each person and not less than $500,000 for each accident and with property
damage limits of not less than $500 for each accident, and any greater limits as may
otherwise be requirecl by law.
3. Workers' Compensation insw�ance in accor.dance with statutory requirements.
Enginee�• shalt furi�ish the Village certificates of insurance which shall include a provision that
policy cancellation, non-renewal or reduction of coverage will not be effective until at least thirty (30)
days written notice has been made to the Village. Engineer shall include the Village as an additional
insured on the general and automobile liability insurance policies required by the Agreement. All of
Engineer's subcontractors shall be required to inclade the Village and Engineer as additional insureds on
their general and automobile liability insurance policies. Engineer sha(I not commence work under this
Agreement or any CSA issued heretmder until all insurance required as stated herein has been obtained
and certificates evidencing same are on file with the Village.
ARTICLE 5- STAIVDARD OF CARE
Engineer shall exercise the same degree of care, skill and diligence in the performance of the
services as is ordinarily provided by a comparable professional under similar circumstances and shall be
obligated to correct services which fall below such standards at no additional cost to tlte Village.
Engineer agrees that all services shall be performed by skilled and competent personnel.
ARTICLE 6 - INDENiNIFICATION
Engineer agrees to protect, indemnify, provide costs of defense and Ilold harmless the Village, its
employees and representatives, from and against any and all claims and liabilities, including al( attorneys'
fees and court costs, inclttding appeals, for which the Village, its employees and representatives, can or
may be held liable as a result of injury (including death) to persons or damage to property to the extent
occurring by reason of any negligent or intentional acts or omissions of Engineer, its employees or
agents, including subcontractors, in the performance of services under this Agreement. Engineer shall
not be required to indemnify tlle Village or its agents, employees or representatives when an occurrence
results from the wrongful acts or omissions of the Village or its agents, employees or representatives.
The terms and conditions of tliis Article shall survive the completion of all services, obligations and
duties provided for in this Agreement as well as the termination of this Agreement for any reason.
ARTICLE 7 - IlVDEPENDENT CONTRACTOR
Engineer undertakes perfonnance of the services as an independent contractor and shall be
wholly responsible for the methods of performance utilized. Engineer shall not pledge the Village's
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credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien or any
form of indebtedness. Engineer fu�ther.warrai�ts and represents that it has no obligation or indebtedness
that would nnpair its ability to fulfill the terms of this Agceement.
ARTICLE S- AUTHO1�iTY TO PRACTICE
Engineer hereby represents and agrees that it has a�ld will continue to maintain all licenses and
approvals required to conduct its business, and ti�at it will at all times conduct its business activities in a '
reputable manner. �
ARTICLE 9- COMPLIANCE WIT�I LAWS
In performance of the services, Engineer will comply with applicab[e regulatoiy requirements,
including federal, state, special distcict and tocal laws, rules, regulations, orders, codes, criteria and
standards.
ARTICLE 10 - SUBCONTi2ACTING
The Village reserves the right, in its sole disccetion, to accept or reject the use of a subcontractor
and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be able to
perform properly under this Agreement. If a subcontractor fails to perform or make progress as required
by any CSA and it becomes necessary to replace the si�bcontractor in order to complete the work in a
timely fashion, Engineer shall promptly provide a replacement, stibject to acceptance of the new
subcontractor by the Village.
ARTICLE I1- FEDERAL AND STATE TAXE�
The Village is exempt from federal tax and state sales and use ta:ces. Upon request, the Village
wi11 provide an exemption certificate to Engineer. Engineer is not exempt from paying sales tax to its
suppfiers for materials to fiilfill contractual obligations with the Village, nor shall Engineer authorized
to use the Village's Tax Exemption Number in securing such materials.
ARTICLE 12 - AVAII,ABILITY OF FUNDS
Tlie obligations of the Village undec tliis Agreement and any CSA are subject to the availability
of funds lawfully appropriated for its purpose by the Village Council of the Viilage of Tequesta.
Engineer may rely on the execution of an individual CSA as evidence that funds have been appropriated.
ARTICLE 13 - TE1tMINATION OF AGREEIVIENT
This Agreement, or any CSA issued hereunder, may be terminated by either party with or
without cause upon thirly (30} days prior written notice to the other. Unless Engineer is in breach of tliis
Agreement, Engineer shall be paid for services rendered to the Village's reasonable satisfaction through
tlle date of termination. Notice as required hereunder shall be sufficient when provided in accordance
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with Article 14 hei•einbelow.
ARTICLE 14 - NOTICE
Any notice, demand, communication or request rec�uired oc permitted heretmder shall be in
writing and delivered in person, by facsimile o►• sent by certified niail as follows:
AS TO VII.,LAGE WI�'H COPSC TO AS TO ENGINEE�t
Michael Couzzo KeiCh W. Davis, Esq. Thomas C. Jensen, P.E.
Village Manager Village Attorney Kimley Horn & Associates, Inc.
Village of Tequesta Corbett, Wl�ite, Davis and Ashton, P.A. 1920 Wekiva Way
345 Tequesta Drive 11 I 1 Hypoluxo Road, Suite 207 West Palm Beach, Florida 3341 l
Tequesta, FL 33469 Lantana, FL 33462
Notices shall be effective when received at the addresses as specified above. Facsimile
transmission is acceptable notice effective when received, however, facsimile transmissions received
(i.e., printed) after 5:00 p.m. on weeke»ds or hoIidays will be dee�ned received on the next business day.
The original of tile notice must additionally be sent by certified mail. Changes in the respective
addresses to wE�ich such notice is to be directed may be made from time to time by either parly by written
notice sent by regular mail or facsimife to the other party.
ARTICLE 15 - UNCONTROLLABLE FORCES
Neither Village nor Engineer shall be deemed in default of this Agreement if delays or failure of
performance is due to uncontrollable forces, the effect of which, by tl�e exercise of reasonable diligence,
the nonperforming party could not avoid. The term "eincontrollable force(s)" shall mean any event which
results in the prevention or delay of performance by a party of its obligations under this Agreement
which is beyond the reasonable control of the nonperforming party. [t includes, but is not limited to fire,
fiood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental
actions. Ti�e nonperforming party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollabte force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the obligations of tltis
Agreement. Notice as required hereunder shall be sufficient when provided in .accordance with Article
14 hereinabove.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventabte, removable, or remediable and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.
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' ARTICLE 16 - OWNERS�ITP OF DOCUMENTS
Engineer shall be required to cooperate with other consultants relative to pi•oviding informatioil
requested in a timely manner and in the specified form. All instruments of professional services,
including, but not limited to, doc�unents, records, disks, origi��al deawings or other information created or
procured by Engineer for any project which is the subject of this Agreement and an individual CSA shall,
upon completion of the work and payment of all monies due Engineer become the property of the
Village for its use and/or distribution as may be deemed appropriate by the Village. However, both
parties specifically acknowledge and agree that any re-use of such documents by the Village, for other
than the specific purpose intended, without written verification and adaption by Engineer for such
specific purpose will be at the sole risk of the Village and withotrt liability or legal exposure to Engineer.
ARTIC]LE 17 - ACCESS AND AUDITS
Engineer shall maintain adequate records to justify all charges and costs incurred in performing
work autliorized under this Agreement and individual CSAs for at least three (3) years after completion
of the applicable project. The Village shatl have access to such books, records and documents as
required in this section for the purpose of inspection or audit during normal working business hours at
Engineer's place of business.
ARTICLE 18 - NON-DISCRIMINATION
Engineer represents that alf of its employees are°treated in a fair and equitable manner without
regard to race, color, religion, gender, age or national origin.
ARTICLE 19 - ENFORCEMENT COS'PS
If any legal action or other proceeding is brought for tlie enforcement of this Agreement, or .
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable
attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including,
without limitation, all such fees, costs and expenses incidenta[ to appeals), incurred in tliat action or
proceeding, in addition to any other relief to which such party or parties may be entitled.
ARTICLE ZO - GOVERATING I,AW AND VENUE
This Agreement shali be governed by the laws of the State of Fiorida. Any and all legal action
necessary to enforce the Agreement will be held in the state or federal courts in and for Palm Beach
County and the Agreement will be interpreted according to the laws of Florida.
ARTICLE 21- SUCCESSORS AND ASSIGNS
The Village and Engineer each binds itself and its partners, successors, assigns and legal
Page,7 of 10 ...
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representatives to the other party in this Agreement and to the partners, successors, executors,
administrators, assigns and legal representatives. Engineer shall not assign this Agreeinent without the
eYNress written approval ofthe Village.
ARTICL]E 22 - SEVERABII,I�'Y
TI�e invalidity, iilegality or unenforceability of any pcovision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect
the validity or enforceability of any other portion or provision of the Agreement. Any void provision
shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and
enforced as if tlle Agreement did not contain the particular portion or provision held to be void.
ARTICLE 23 - OFFICE OF THE INSPECTOR GENERAL
Pursuant to Article X{I of the Palm Beach County Chat�er, 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 tlie 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.
ARTICLE 24 - PUBLIC RECORDS
In accordance with Sec. 1I9.0701, Flor•ida S'tatz�tes, Engineer must keep and maintain this
� Agreement and any other records associated therewitll and that are associated with the performance of
the work described herein and in Engineer's proposal. Upon request from Village's custodian of public
records, Engineer must provide Village with copies of requested records, or allow such records to be
inspected or copied, witliin a reasonable time in accordance with access and cost requirements of Cliapter
119, Florida Statutes. Should Engineer fail to provide the pttblic records to Village, or fail to make them
available for inspection or copying, within a reasonable time, Engineer may be subject to attorney's fees
and costs pursuant to Sec. 119.0701, Florida Statzr[es, and other pena[ties under Sec. 119.10, Florida
Stattites. Further, Engineer shall ensure that any exempt or confidential records associated with this
Agreement or associated with the performance of the work described herein and in Engineer's proposal
are not disclosed except as authorized by law for the duration of the Agreement term, and following
completion of the Agreement if Engineer does not transfer the records to the Village. Finally, upon
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completion of the�. Agreement, Engineer sha(I transfer; at no cost to the Village., all public records in
possession of Engineer, or keep and maintai�� public records required by the Village. If Engineer
transfers all public records to the Village upon completion of tlie Agreement, Engineer shall destroy any
duplicate public records that are exempt or confidential and eaem�t from public records disclosure
requirements. Engineer shall be entitled to retain a copies of documents it creates for record purposes
pursuant to the requirements of this Article and Chapter 1 19, Florida Stalzrtes. If Engineer keeps and
maintains public records upon completion of the Agreement, Engineec shall meet all applicable
requirements for retaining public records. Records that are stored electronically must be provided to
Village, upon request from Village's custodian of public records, in a format that is compatible with
Village's information technology systems.
IF JENGINEER �IAS QUESTIONS REGARDING: THE APPLICATION OF
CHAPT]ER 119, FLORIDA STATITTES, TO ENGINEER'S DIJT"Y TO
PROVIDIE PUBLIC RECORDS RELATING TO THIS AGRE�MENT,
PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN
FOR THE VIIC,LAGE, AT (561) 768-0685, OR AT:Imcwilliams�,tequesta.o�,
OR A� 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
ARTICLE 25 - ENTIRETY OF AGREEIa'IENT
The Village and Engineer agree that this Agreement, including Exhibit "A" Fee Schedule;
Exhibit "B" Engineer's Proposal submitted in response to Village's RFQ, which is hereby incorporated
� into this Agreeinent; and al! required insurance,.licenses and approvals required by this Agreement sets
forth the entire agreement between the parties,_ and that there are no promises or understandings other
than those stated herein. None ofthe provisions terms-and:conditions contained in this Agreement may
be added to, modified, superseded or otherwise altered except by written instrument executed by the
parties hereto.
I [REMAINDER OF PAGE [NTENTIONALLY LEFT BLANK]
I
:. - _. _ Page 9 of 10 . . , . . ,
Y1V WITNESS WFiEREOF, the parties have hereunto set tlieir hai�ds the day and year first
above written.
Yillage of Tequesta ,
ATTEST: �
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�� .':iga�f x"rinari;,., a .
Lori McWilliams,_MMC, Villa e Clerk ``,��nan��ppt401nnrnuq��i �! SEAL
g ��i�pORqQ F�� )
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Approve s t n=and legal � L �� �
siiff �i cy �>: S�� ASED = _
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th a;: Sq.; <, i age �. orney ,n„ C '� .�..
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WITNESSES: Kimley Horn & Associates, Inc.
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� Bryan T:• RapP, Sr: ;c �31'� �,�►�
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Page 10 of l 0 -_ .
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Kimley>>>Horn
EXHIBIT "A"
VILLAGE OF TEQUESTA
BILLING RATE SCHEDULE
EFFECTIVE JULY 1, 2015
STAFF CATEGORY HOURLY RATES
PRINCIPAL N/A
PROJECT MANAGER $225
SENIOR PROFESSI�NAL $205
PROFESSIONAL $175 .
ANALYST $125
DESIGNER / INSPECTOR $120
CADD OPERAI"OR $gp
ADMINISTRATIVE SUPPORT STAFF $75
.
,
*NOTES:
Beginning on July 1, 2017 Consultant's hourl}� rates will be increased avo percent (2°fo)� per �ear _
on Jul}� 1st of ench year.
� r�n amount corresponding to �.5%0 �vill be added to the billing rates far miscellaneous e.Yperi�es.
_ . , ... . � _ ._ .
- . � . � - . . �� _ .. �_ , _ , , �.