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HomeMy WebLinkAboutAgreement_Water Service_2/10/2022_Jupiter EnvironmentalVillage of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org a To: Jeremy Allen — Village Manager Jeremy Allen Date: 0220 .241d by Jeremy Allen Date: 2D22.01.24 11:04:21-OS'00' Thru: Matthew Hammond — Utilities Director From: Nathan Litteral — Water Plan Superintendent CC: Hugh Dunkley — Finance Director Date: January 21, 2022 Re: WTP Lab Services — Recommendation of Award The Village requires the services of a laboratory vendor throughout the year to process samples collected at the Water Treatment Plant and within the Water System for regulatory compliance. These samples include bacteriological, ECR II, Haa5, Lead & Copper, THM, Total Nitrogen and concentrate samples. The total value of these laboratory services fall between $10,000 and $25,000. In accordance with the Village Purchasing Policy & Procedures, quotes were requested from three vendors within the local area: Jupiter Environmental, Pace Analytical Services and Flowers Chemical Laboratories. The quotes received are attached and a summary of the quotes are as follows: Sample #of Samples Jupiter Environmental Pace Analytical" Flowers Chemical Labs Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Bacteriological 520 $ 15 $ 7,800 $ 33 $ 17,160 ECR II (1) 28 $ 145 $ 4,060 $ 172 $ 4,816 Haas 4 $ 135 $ 540 $ 110 $ 440 Lead & Copper 35 $ 25 $ 875 $ 22 $ 770 THM 4 $ 65 $ 260 $ 66 $ 264 Total Nitrogen 4 $ 50 $ 200 $ 44 $ 176 Monthly Concentrate (2) 12 $ 512 $ 6,144 $ 528 $ 6,336 Quarterly Concentrate (3) 4 $ 1,118 $ 4,472 $ 792 $ 3,168 Totall $24,35L00 $33,130.00 *Declined to provide quote **Courier fees to lab are additional 1) Chloride, Hardness, pH, Conductivity, Nitrate, Color, Calcium, Iron, TDS 2) Fluoride, Copper, Total Nitrogen, Ammonia, Sulfide, Phosphorus, Unionized Sulfide, Conductivity, Salinity, pH 3) Radium 226, Radium 229, Gross Alpha, Chlorophyll A, Total Nitrogen, Ammonia, Conductivity, Salinity, pH As a result, a purchase order in the amount of $24,351.00 is recommended to be issued to Jupiter Environmental for the laboratory services needed for the remainder of the Fiscal Year. Sufficient Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III Council Member Laurie Brandon Council Member Bruce Prince Council Member Molly Young Village Manager Jeremy Allen funds are available in the Water Fund for this purchase order. The current status of General Ledger No. 401-242-532.342 is as follows: GL Number Description Budget YTD Activity Available 401-242-532.342 Water Analysis & Sampling $40,500 $6,543 $34,441 Jupiter December 23, 2021 Nathan Litteral Water Plant Superintendent Village of Tequesta, FL 33469 RE: Analytical Lab Services Jupiter Environmental Laboratories, Inc. Quote 122321 Dear Mr. Litteral, Jupiter Environmental Laboratories Inc would like to thank y9ou for your business and continued patronage of our services. As your current laboratory service provider, we are pleased to hold your current pricing for the quoted analytes below. This pricing will remain firm January I' through September 301h 2022. Ammonia 25.00 DW Bacteria Analysis Total E Coliform 15.00 Chlorophyll II A 85.00 Copper 12.00 ECR II (Chloride, Hardness, pH, Conductivity, Nitrate, Color, Ca, Fe, TDS) 145.00 Flouride 20.00 Lead & Copper in DW 25.00 Halo -Acetic Acid 135.00 THMs By 524.2 65.00 Nitrate 25.00 Total Nitrogen 50.00 Phosphorous 15.00 Gross Alpha 85.00 Radium 226 125.00 Radium 228 145.00 Unionized Sulfide 45.00 TSS 25.00 Best regards. Yal- t'd 7ussell President * 150 South Old Dixie Highway, Jupiter, FL 33458 Ph (561) 575-0030 Jbrenner(aflupiterlabs.com www.Jui)iteriabs.com Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.672.5668 fax 386.672.5828 Pz des ?F NS aid UCMR 5 testing For more info see: PFAS For more info see: UCMR 5 Pace Quote Number: 011222-01 Organization: Village of Tequesta Address: 901 Old Dixie Highway City, State, Zip: Jupiter, FL 33469 Attention: Nathan Litteral Email: nlitteral(cMeguesta.org Phone: [0) 561-768-0493, © 561-262-1084 Proiect Name: Tequesta WTP Basic Water Samole Quote Start Date: Unknown Samples Per Day: Unknown Required Certification: Florida Surcharge: NA Turnaround Time: 10-15 business days Rads 4-6 weeks Date: 1112122 Shipping: zW M pcov\ded by Pace v1a FedEx Gco��d. Ret�c� sticpme�t of same\es pc ov�ded by cCce�i. �hec e \s a poss�bc\cry of Paee coot\ec A the sam' \%% ac e ready Eoc \0 am and \ pml days pet week. actronic Data Deliverable: Client downloadable from PacePort Primary Lab: Ormond Beach Pace Contact: Mike Valder 813-340-8100 Mike. Valcler(ftacelabs.com i DescrillAiliort, I Mmhod Unit Price ToW U.S. EPA National Primary and Secondary Drinking Water Regulated Contaminants: Primary Inor anics 1 Drinking Water Metals, Primary Drinking Water: Lead 200.8 $22.00 $22.00 1 Drinking Water Fluoride 300.0 $22.001 $22.00 1 Drinking Water Nitrogen, Nitrate 300.0 353.2 $22.001 S22.00 Secondary Standard Inor anics 1 Drinking Water Metals, Secondary Drinking Water: Copper 200.8 $22.00 $22.00 1 Drinking Water Metals, Secondary Drinking Water: Iron 200.7 S17.00 $17.00 1 Drinking Water Chloride 300.0 $22.00 S22.00 1 Drinkino Water lColor, Apparent SM2120B 11.00 11.00 1 OrinkinQ Water IoH i SM450OH+B 1 $11.001 $11.00 1 Drinking Water ISolids, Total Dissolved [TDSI I SM2540C 1 $22.001 $22.00 Pr mary Disinfection ByDroducts 1 Drinking Water Trihalomethanes ITHMs) - NO CHARGE WHEN RUN WITH VOCs 524.2 S66.00 S66.00 1 Drinking Water lHaloacetic Acids HAAs 552.3 1 S110.001110.00 Primary Radionuclides 1 Drinking Water I Gross Alpha 900.0 1 S55.00155.00 1 Drinking Water Radium-226 903.1 1 $88.001 88.00 .Primary Microorganisms 1 Drinking Water lColiform, Total/E. coli - SHORT HOLD -TIME PARAMETER; COORDINATE SAMPLING AND SHIPPING WITH PACE PM SM92238 7_7 $33.00 Page 1 of 5 Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.672.5668 fax 386.672.5828 Method I Unit Price I Total Miscellaneous Unre ulated Water Quality Parameters: 1 DrinkinQ Water Ammonia 350.1 S22.001 $22.00 1 DrinkinQ Water Chloro h II A SM 10200H S55.001 S55.00 1 DrinkinQ Water Total Nitro en TKN+N0x S44.001 $44.00 1 DrinkinQ Water Total Phos horous 365.4 22.00 $22.00 1 DrinkinQ Water Unionized Sulfide H2S SM 4500S-F S44.00 $4.00 1 Drinkinq Water Conductivity SM25108 S11.00 11.00 1 Drinking Water lHardness SM2340B $34.00 $34.00 Page 2 of 5 Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.672.5668 fax 386.672.5828 Total Method I Unit Price I Emergency Work Weekend Line Break 1 Drinking Water Col'rform, Total/E. coli - SHORT HOLD -TIME PARAMETER; SM9223B $77.00 1 $77.00 1 Drinking Water Icourier Fee Weekends per trip $165.001 $165.00 561-445-1692 as soon as you know of the emergency. The samples will be brought to the Lab in Pompano Beach by the client Data wil be delivered to the client when the work is done. Village of Tequesta is not a prepay client. There is a possibility of Pace courier if the samples are ready for pickup between 10 am and 1 pm 7 days per week. Other wise the samples will be brought to Pompano Beach by the client. Weekend courier if abailable will run $165 per trip Sam le Handlinq & Disposal 1 NA I Environmental Im act Fee er invoice I S15.0015.001 1 NA Sam le Dis osal Fee er sam le1 S5.00 5.00 Estimated Project Total 11.0 Pace is U.S. EPA approved for UCMR testing and certified for drinking water compliance monitoring analysis in all 50 states, Puerto Rico, U.S. Virgin Islands, and Guam. f you have specific questions about any conditions noted below please contact your Pace Analytical Representative. Proposal expires 60 days from created date above, unless accepted, signed and returned. Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise. If project specific MS/MSD samples are submitted, they may be billable. TAT (Turn -around Timel is in working/business days unless otherwise specified above. To ensure requested TAT is available, please coordinate with your Pace Analytical Projct Manager at time of sample submittal. Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices. Please include Quote Number on Chain -of -Custody to ensure proper billing. Pricing includes FedEx Ground delivery of bottle/sample kits and coolers. Charges will apply for non-standard shipping and for projects where shipping exceeds 10%of the total analytical costs of the shipment. Sample containers can't be reused by the lab once they have been distributed to a client. Pace reserves the right to charge for returned unused containers. Disposal fees apply to all samples placed an hold and not analyzed. Samples are retained by Pace for 30 days after sample receipt. I We appce��aie the oppoc�o��ty "m secvte. f oc c I P\ease co��ac� P au\ Jacksoo@pace\abs.com questi�o�s oocecri\ng this q�oie. Page 3 of 5 prr— Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.572.5568 fax 386.672.5828 Pace Analytical Services, LLC - TERMS & CONDITIONS 1._D.efinitions* Holding Time: The maximum amount of time a sample may be stored before being analyzed. Sample Delivery Acceptance ISDAI: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced by either a notation on the Chain of Custody or an entry in the Lab's information management system (LIMSI. Sample Delivery Group [SOO); A set of samples normally shipped and reported to the Lab as a group. Turnaround Time ITAT): The maximum allowable period within which lab must report out its analytical testing results to Client calculated from the date of SOA. a Client's Obligations: a. Client must complete one (1) of the following steps to initiate Lab's services: i. submit a completed (hard -copy) purchase order i. place a telephone order iii. email a request iv. attach a completed purchase order to an email v. approve Lab's quotation, or vi. place an order for Lab's supplies via Lab's wabsite. b. Subject to occasional mutually agreed -upon exceptions, Client must for each sample delivered to Lab, provide all of the following information: i. a minimum of five (51 days' prior notice ii. the name of the responsible project manager iii. the name of the person submitting the sample iv. the specific collection site v. the date and time of collection vi, the specific testing being requested, and vi. sufficient details about reporting requirement(s). c. Client shall also: i. remain liable for any loss or damage to sample(s) until SOA ii. pay all invoices in full on a net 30 basis or as otherwise agreed in writing iii. notify Lab about any disputed charges or results within 30 days of receiving applicable invoice iv. reimburse Lab for any costs, inclu6ng attorneys' fees, required to collect delinquent payments v. pay for any services it orders on any sample(s) already analyzed by Lab. vi. obtain Lab's prior written consent before assigning billing or payment of Lab services to any credit -worthy third parry, (failure to do so shall mean Client remains responsible for the payment of any outstanding balance) vii. refrain from using any of Lab's supplies (e.g., sample containers) in connection with any non -Lab services ,Ail. ensure that any sample(s) containing any known hazardous substance is (arel labeled, packaged, manifested, transported, and delivered to Lab in accordance with all applicable regulations ix. obtain Lab's prior written consent before publishing Lab's name and/or any data x. reimburse Lab for any out -of -scope services and related expenses (e.g., defending its analytical results or responding to a subpoena for documents and/or expert testimony) A. excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other *Force Majeure' event or circumstance beyond Lab's control, such as government shutdowns, natural disasters, labor strikes, or acts of God; and xii. accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys' fees) to the extent they were caused by Clients: breach of these Terms; negligence or willful .... e...... A.... L. .w ...m... , 1...6.d... rr..w . -.d 1 — nn— ., 41— A.... F....,..e ._ ..N.... __- N.,..e X,........ f--;n f......a ...r,...A I. ,....d...;__ .f +,.,d6 I.- 0. _ Lab shall: a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionally recognized standards. b. Promptly notify Client of any. i. missing sample(s) and/or sample(s) received in damaged, contaminated, improperly preserved condition, or ii. subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action. c. Assume responsibility for the quality of its services. d. Prepare and maintain accurate records. e. Obtain or maintain any permit(s), license(s), or certification(sj as necessary for the performance of its services. f. Charge its fees on a net 30 basis [unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge on any unpaid balances. g. Invoice Client for each sample or SOG as reported. h. Assume risk of loss or damage to any Client samples) upon SDA I. Initiate analysis within established holding times - so long as SOA occurred within 48 hours of collection or the first half of the maximum allowed holding time. J. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attomeys fees] to the extent they were caused by Lab's: breach of these Terms; negligence or willful misconduct - or the negligence and wilful misconduct of persons for whom Lab is legally responsible. k. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability or fitness for a particular purpose. A Lab's Discretionary Actions Lab may: a. Cease all services, including any release of data, if Client does not pay as agreed b. Reject or rescind any SDA if Lab decides sample poses a risk c. Charge or bill Client directly for: i, reasonable attorneys' fees ii. any supplies (including containers( that are not used or returned iii. outbound/return shipping iv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab's SDA thereof v. disposal of any other samples that have not been reclaimed within 30 days of Lab's SDA thereof, or as otherwise required vi. a minimum fee for invoicing and/or handling samples, and vii. any sample that underwent SDA, but was subsequently, at Clients direction, not analyzed. d. Return unused portions of samples found or suspected to be hazardous to Client at Clients cost. e. Retain Clients unreleased data and/or cancel Clients web portal access pending payment in full. Page 4 of 5 Pace Analytical Services, LLC 8 East Tower Circle Ormond Beach, FL 32174 386.572.5668 fax 386.672.5828 Pace Analytical Services, LLC - TERMS 8 CONDITIONS - Continued 5. LjLnf_idont alitr. The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or confidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agents who have expressly agreed to maintain confidentiality. 6. Governing Law: These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to the principles of conflicts of law thereof. 7. Term The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated in accordance with Section 8. below fl Termination; a. Ether parry may terminate these Terms upon 30 days' prior written notice. b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab's dated invoice. a. If a court of competent jurisdiction finds that tab failed to meet applicable standards and if Client suffers damages as a result, tab's aggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services. b. This limitation shall not apply to any Client losses arising from lab's negligence or willful misconduct, so long as Client i. Notifies tab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same. c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitive damages. 10. Amendment/Change Order: Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless reduced to writing and signed by both Parties. 11. Storage of Data• Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to five (5) years depending upon the applicable requirements. 12. Intallactual Pmpm% Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while performing services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same. 13. Non-comootition: Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services governed by these Terms. f4. Nan-assignmant Neither parry may assign or transfer any right or obligation existing under these Terms without prior written notice to the other party, except that lab may freely transfer the services to another Lab location or, with Clients permission, subcontract the services to a third -party. 15. Insurance: Lab carries insurance with the limits of coverage as indicated below and will, upon Clients request, submit certificates of insurance showing same. a. General Liability - $1,000,000 each occurrence; 52,000,000 general aggregate; b. Personal and Advertising Injury - $1,000,000 c. Automobile Liability - $1,000,000 combined single limit; d. Excess Liability Umbrella - 55,000,000 aggregate; $5,000,000 each occurrence; e. Workers Compensation Insurance - statutory limits; and f. Professional Liability S5,000,000 aggregate, $5,000,000 per claim. a. In the absence of an executed agreement between the Parties, the SOA will constitute acceptance of these Terms by Client b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and any amendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms. c. The Parties are at al times acting and performing as independent contractors; neither one shall ever be considered an agent, servant, employee, or partner of the other. d. These Teens shag be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns. e. Lab's compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties. f. If arty Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms. I have read and understand these terms and conditions: Jeremy Allen Digitally signed by Jeremy Allen Clients Printed Name: Date: 2022.01 .24 11:06:01-05-00' Client's Signature: Page 5 of 5 Date: PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."