HomeMy WebLinkAboutDocumentation_Regular_Tab 16_2/9/2023Agenda Item #16.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 09 2023
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
Consider Approval of Jupiter Environmental Laboratories Agreement and Requisition for $25,776
through Single Source Purchasing
The Village of Tequesta Utilities Department recommends approval of a contract and requisition for $25,776,
with Jupiter Environmental Laboratories (JEL) through Single Source Purchasing for lab services to support
regulatory compliance of the drinking water system.
The Utilities Department requires the services of a lab vendor throughout the year to process samples collected
at the water treatment plant (WTP) and within the water distribution system for regulatory compliance to meet
federal and state drinking water standards. These analyses include a suite of analytes including bacteriological
(bac-T's), electro contaminant removal (ECRII) requirements, haloacetic acids (HAA5 (five types)), lead and
copper, trihalomethanes, total nitrogen, and samples from the reverse osmosis concentrate.
JEL is the only local full service environmental lab that can logistically provide most of the required lab services.
Competing labs require increased WTP operator hours and overtime for sample delivery and scheduling courier
services for sample transport to lab locations outside the Jupiter/ Tequesta area. Courier services cost $150-
$250 per pickup. Using a lab that is far away also can cause a delay to our customers if a main break occurs
because at least two bac-T tests are required over a specified timeframe before a water pipe can be put back
into service.
Please see the following budget breakdown for laboratory services from the waterfund account 401-242-531.342
Water Analysis and Sampling:
Water Analysis
FY23 Budget
FY23 Projected/
Encumbered/ Paid/ +Projected
This Request
Current
and Sampling
Adjust Budget
Invoices
Remaining
Jupiter
Environmental
$28,000
$31,903
$6,127
$25,776
$0
Labs*
Markey
Consulting Group
$0
$6,000
$0
$0
$6,000
Marinco Labs
$6,000
$6,368
$3,184
$0
$3,184
Pace Analytical
$3,500
$3,500
$0
$0
$3,500
Lab
Other
Miscellaneous
$5,000
$5,000
$0
$0
$5,000
TOTAL
$42,500
$52,771
$9,311
$25,776
$17,684
'this request (Jupiter Environmental Laboratories)
Please see the 12 month estimate of minimum laboratory costs, if no re -sampling is required:
Page 190 of 1094
Agenda Item #16.
Utilities Staff recommends approving a contract and requisition for $25,776 with Jupiter Environmental
Laboratories.
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.
PROJECT NAME: BUDGET: $31,903.00 ENCUMBERED: $6,127.00
Proposed:
$25,776.00
Projected Remaining:
$0.00
FY23 Teguesta UD 12 Month Estimate of JEL Lab Costs (Minimum
2023.2 Jupiter Enviromental Labs Water Testing Agreement
Page 191 of 1094
Agenda Item #16.
MEMORANDUM [Caned] Page 2 of 2
RE: Consider Approval of Jupiter Environmental Labcratories .Agreement and Requisition for $25,776 through Single Source
Purchasing
To; JeremyAllen, Village Manager
Thru: Marjorie G Craig, PE, Utilities Director; From: Nate Utteral, Water Treatment Superintendent
Date. January 30, 2023
Please see the 12 month estimate of minimum laboratory costs, if no re -sampling is required:
Jupiter Environmental Laboratories; Inc.
Ammonia
(OM Bwtmsa A nakss -Total Cog xm IE. Caifonn
Chlw4ft B-A
85.00
Copper
12-00
ECR i(Chkwide, ! fardmess. pH,Gair3uetivay. H Calor, Ca Fe. TUS)
1BaflO
FkKwWe
25.00
Gress Atha
85.00
Hak Acetic Add
18a00
Lead & Copper in DFiAiigWaten
2ra00
25.00
_; is F iwogen
= -saKnus
25.Fa
=. s Am-226
12=a.00
_. adiun,228
145-CO
Unxxized Sulfide
45.00
TSS
25.00
THXAs Tay 524 2
65.00
u•Jnc trace
514.00
warted Concen&ate
1230_00
LiistSM SemPwohde Organic Compounds
195.cra
_ 5182m'Volai "_ cwgarc Compounds
100.0ra
ErvironmentaIImpactandSarnpie disposaIfee per invoice
15.00
12 Months
4, 650.00
TH Ms & H aa5s S 4,060.00
$ 775.00
S 6,163.00
S 4,920.00
.$ 31,903.00
Utilities .Staff re-comrnends approving a contract and requisition for $25,776 With Jupiter EnOronmental
Laboratories.
Page 192 of 1094
Agenda Item #16.
VILLAGE OF TEQUESTA
AGREEMENT FOR WATER TESTING SERVICES
THIS AGREEMENT FOR WATER TESTING SERVICES is entered into and
effective this day of , 2023 (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 "Village"; and JUPITER ENVIRONMENTAL
LABORATORIES, INC., a Florida corporation with offices located at 150 S. Old Dixie Highway,
Jupiter, Florida 33458, hereinafter the "Contractor" and collectively with the Village, the "Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide water testing services pursuant to all applicable statutory,
licensing, and Village code requirements. This Agreement is procured as a single source
purchasing contract.
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the unit prices provided in the proposal found in Exhibit "A". The goods or
services requested shall be delivered/performed at a time, manner and location acceptable to the
Village the "Performance Date".
3. TERM; TERMINATION; NOTICE: This Agreement shall commence on the
Effective Date, and shall expire on September 3011", 2023. This Agreement may be terminated by
either party upon 30 days written notice to the other party. Notice shall be considered sufficient
when sent by certified mail or hand -delivered to the Parties during regular business hours at the
following addresses:
Village
Contractor
Village of Tequesta
345 Tequesta Drive
Jupiter Environmental Labs
Page 1 of 7
Page 193 of 1094
Agenda Item #16.
Tequesta, FL 33469 150 S Old Dixie H«ry
Attn: Utilities Department JUPITER, FL 33458
4. CHANGE ORDERS: Seller is aware that price and time are of the essence in this
contract and that prompt and timely performance of all such obligations is strictly required. If
conditions change that would require an increase in price, scope, or time for performance Seller
must notify the Village in writing detailing the conditions that have changed and requesting a
change order to the contract within 30 days prior to the performance date "Change Order Deadline".
Change orders submitted after the change order deadline will not be considered. Seller shall not
proceed with any change to its obligations under a change order request unless documented in a
Change Order executed by both Parties. If Seller requests a change order prior to the change order
deadline Village at its discretion may accept the change order as is or with modifications, deny the
change order, re -advertise and re -solicit providers for the required goods or services or terminate
this contract. If the Village elects to re -advertise and re -solicit the need for goods or services the
Village will have 30 days "Solicitation Period" in which to accept the contemplated change order
or terminate this contract. At any time after execution of this Agreement but prior to Seller's
delivery of the Goods, the Village reserves the right at its discretion to change, modify, revise add,
or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods, the Village shall make
an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the
Village's order for the Goods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
5. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as deemed sufficient by the Village and shall
name the Village as an "additional insured" on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village, its agents, servants, and employees, from and against any claim, demand,
or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
Page 2 of 7
Page 194 of 1094
Agenda Item #16.
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.
7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors, and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
8. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee -employer or principal -agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
9. INSPECTOR GENERAL: Pursuant to Sections 2-4212-432 of the Palm
Beach County Code of Ordinances, 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.
10. E-VERIFY ELIGIBILITY: The Contractor 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 Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers, and (2) verify that all
of the Contractor's 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 Contractor 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
Page 3 of 7
Page 195 of 1094
Agenda Item #16.
Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The
Contractor shall maintain a copy of any such affidavit from a sub -consultant for, at a minimum,
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub -consultant
and the Contractor shall immediately terminate its contract with the sub -consultant. In the event
of such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
11. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it
does not have business operations in Cuba or Syria, as similarly provided in Section 287.135,
Florida Statutes. The Village may terminate this Agreement at the Village's option if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created
pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this
Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been
engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.
12. 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.
Page 4 of 7
Page 196 of 1094
Agenda Item #16.
13. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
14. 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.
15. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both Parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
16. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them
available for inspection or copying, within a reasonable time may be subject to attorney's fees and
costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10,
Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records
associated with this Agreement or associated with the provision of services contemplated herein
are not disclosed except as authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
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Page 197 of 1094
Agenda Item #16.
confidential and exempt from public records disclosure requirements. if the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village, upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
1mcwi11iams(a,teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting, or enforcing this
Agreement.
18. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
19. WAIVER: No waiver by the Village of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
20. ENTIRE AGREEMENT: This seven -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.
Page 6 of 7
Page 198 of 1094
Agenda Item #16.
23. 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
on behalf of the Party for whore he or she is signing and hind and ob] i gatesuch 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-%vritten.
wt,rNE.SSES:
4
ATTEST.,
Lori McWilliams, MMC
Village Clerk
JUPITFR ENVIRONMENTAL LABS,
INC.
vy da Raw], President
Date:- //;�J
(Corporate Scal)
VTf1LACrF. OF TEQiTFSTA
BY: IN1011y Young, Mayor
Date:
(Seal)
Page 7 of 7
Page 199 of 1094
Agenda Item #16.
JEXHIBIT
J upiter
December t 9. 2022
Nathan Littcral
Water Plant Superintendent
Village ofTcqucqta, FL 33469
RE: Analytical Lab Services
Jupiter Environmental Laboratories, Inc. Quote 121922
Dear Mr. Littcral,
Jupiter Environmental Laboratories Inc -would like to thank you 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 analytcs below. This pricing wi I I remain firm January I st through September 30th
2023,
Ammonia
DW Bacteria Analysis Total E Colifortn
25.00
25,00
Chlorophyll If A
85.00
Copper
12M
ECR 11 (Chloride. Hardness, pH, Conductivity, Nitrate, Color. Ca, Fe, TDS)
165A
Flouride
25,00
Lead & Copper in IOW
35.00
Halo -Acetic Acid
TILMs By 524.2
185M
65.00
Nitrate
25.00
Total Nitrogen
55,00
Phosphorous
25,00
Gross Alpha
85.00
Radium 226
125A
Radium 228
145.00
Urfioni.zed Sulfide
45.00
TSS
2100
Full List 8270
195-00
Full List 8260
100.00
Environmental impac(and sample disposal fee per invoice
15.00
Hest regards,
qbpzda %mi off
Glynda Russell
President
150 Soulli Old Dime I lighway,Jupiteir.11, 3345S
Ph (s 6 1) 5 7 5-00 30 Page 200 of 1094
Jbienner(�iupit.eriabs.coin wwwApiteriabs.com