HomeMy WebLinkAboutDocumentation_Regular_Tab 10E_5/25/1989 / t
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_� VILLAGE OF TEQUESTA
•.•• ,, n R Post Office Box 3273 • 357 Tequesta Drive
� Tequesta, Florida 33469-0273 • (407) 575-6200
Nzp °p. FAX: (407) 575-6203
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MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: May 19, 1989
SUBJECT: Contract for Professional Services to Acquire Permit
for Additional Water Allocations; Agenda Item
In response to the Village's permit application for an
additional allocation of water from the surficial aquifer by way
of an additional well #24, adjacent to the psychiatric hospital
being constructed in Martin County, as well as the Village's
permit application for an allocation from the Floridan aquifer,
the South Florida Water Management has requested, among other
things, that evidence be provided that these additional
withdrawals will not cause lateral movement or up-coning of
saline water nor adversely impact environmentally sensitive areas
or other existing legal and domestic users. This request will
require the utilization of expensive computer modeling in order
to provide the requested evidence. The attached contract
proposed by Gee & Jenson to secure the necessary permits is in
the amount of $18,000. In discussing this with the engineer, I
am advised that approximately $14,000 of the contract is
necessary to provide computer modeling for the surficial aquifer
evidence required and $4,000 for the Floridan aquifer computer
modeling evidence.
The Village is in great need of additional wells for
capacity purposes and for redundancy. Therefore, with this in
mind, and by virtue of the complexity of the request from the
South Florida Water Management District, it is recommended that
the Village Council grant the Village Manager the authority to
execute the contract attached hereto.
TGB/jmm
Attachment
cc: Richard Staudinger, P.E. , Gee & Jenson, w/attach.
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Protecting South Florida's Water Resources for 40 Years"
1 Mg& 1949-1389
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South Florida Water Management District
IP- P.O.Box 24680 • 3301 Gun Club Road • West Palma Beach.FL 33416-4680 • (407)686-8800 • FL WATS 1-800-432-2045
KO Ott I MOW*PO
MAR 2 0 1989
WATER RESOURCES DEq
March 10, 1989
Mr. Greg Rawl
Gee and Jenson
One Harvard Circle
P. 0. Box 24600
West Palm Beach, Fla. 33416-4600
Dear Sir:
Subject: Application No. 890213-15
Project: Village of Tequesta
Permit Number: 50-00046-W
County: Palm Beach
•
A preliminary review of the above project indicates that additional
information will be required in order to complete the evaluation,
pursuant to Rule 40E-2. 101 , Florida Administrative Code (FAC) .
1) In the application that was submitted, the service area that was
shown includes a portion of southern Martin County and other areas
located outside the Village limits. Please provide documentation
that the Village of Tequesta has authority to serve these portions
of Martin County as well as the areas in Palm Beach ' County outside
the Village limits.
2) Past pumpage and population figures indicates an average per
capita use rate of 281 GPD. Please provide documentation for this
relatively high per capita use. This should include a breakdown
by use type (i .e. single family, multi-family, commercial , etc. )
which should also be projected into the future to substantiate the
projected water use.
.3) Please provide an aerial photo showing the location of proposed
well number 24.
4) Please provide documentation that the Village of Tequesta has
legal control over the well site for proposed well number 24 and
the sites associated with the transmission lines that will need to
be constructed to this well .
Governing Board.
James F.Garner.Chairman•Fort Myers Arsenio Milian-Miami Ken Adams-West Palm Beach John R.Wodraska.Executive Director
Doran A.Jason.Vice Chairman.Key Biscayne Fritz Stein-Belle Glade Valerie Boyd-Naples Tilford C.Creel.Deputy Executive Director
J.D.York-Palm City Mike Stout-Windermere James E.Nall-Fort Lauderdale
' South Florida Water Management District
Page 2
5) In the application, it was indicated that the Village of Tequesta
proposes to increase withdrawals from the Surficial aquifer.
Please provide evidence that withdrawals from the Surficial
aquifer will not cause lateral movement or upconing of saline
water as well as adversely impacting environmentally sensitive
areas and existing legal and domestic users .
6) In the application, it was indicated chat the Village of Tequesta
proposes to withdraw water from the Floridan aquifer system.
Please provide evidence that withdrawals from the Floridan aquifer
system will not cause further water quality degradation which will
impact existing use of this aquifer or impact existing legal users
by lowering water levels.
When the preceding information has been provided, we will continue the
review of the application for water use. In accordance with Rule 40E-
1 .603(5) FAC, if a response is not received within 90 days, this
application may be processed for denial , if not .withdrawn by the
applicant. If you have any questions, please contact Mr. Jeff Giddings
of this office.
:Thank you for your continuing cooperation.
Sincerely,
00(11AiVV-14i1
Walter Ward
Supervising Professional
Water Use Division
Resource Control Department
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CONTRACT FOR PROFESSIONAL SERVICES
This contract and agreement is made and entered into between
the VILLAGE OF TEQUESTA, a municipal corporation, created and
existing under the laws of the State of Florida, as party of the
first part, hereinafter referred to as the VILLAGE, and
GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC. , its successors
and assigns, One Harvard Circle, West Palm Beach, Florida,
33416-4600 a corporation under the laws of the State of Florida,
as party of the second part, hereinafter referred to as the
CONSULTANTS, on the date appearing on the last page hereof.
WITNESSETH THAT:
Whereas, the VILLAGE now owns, operates and maintains a
water supply system of various raw water wells and water
treatment plant
and
Whereas, the VILLAGE has, within its boundaries, certain
utility systems which systems serve the municipality of Tequesta
as follows:
Water Supply System (Village of Tequesta)
Natural Gas System (Florida Public Utilities)
Electrical Distribution System (Florida. Power &Light)
Telephone System (Southern Bell Tel. & Tel.Co. )
Cable TV System (Centel Cable T.V. )
Sanitary Sewer System (Loxahatchee River Environ-
`mental Control District)
Whereas, the VILLAGE has previously selected the CONSULTANTS
under appropriate State Statutes known as the "1973 Consultants
Competitive Negotiations Act", and
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 2
Whereas, the VILLAGE desires to retain the CONSULTANT for
the preparation of the response to a request for additional
information by the South Florida Water Management District and to
obtain an increase in the Village's water withdrawal permit. The
request is for Application No. 890213-15 with respect to Water
Withdrawal Permit No. 50-00046-W for the raw water supply for the
Tequesta Water System, a copy of which is attached. The services
shall be performed with adequate consideration for the
relationship of the other utility systems listed above.
NOW THEREFORE:
In consideration of the mutuality of the covenants and
agreements hereinafter contained, the parties hereto, for
themselves and their respective successors, personal representa-
tives and assigns, do mutually covenant and agree with each other
as follows:
The VILLAGE hereby employs CONSULTANT for the preparation of
Contract Documents as further described herein and such other
services as the parties hereto may determine by mutual agreement.
ARTICLE I
BASIC SERVICES OF THE CONSULTANT FOR
PREPARATION OF RESPONSE TO SFWMD
FOR APPLICATION #890213-15 FOR
PERMIT #50-00046-W & OBTAINING PERMIT RENEWAL
A. PRELIMINARY - Not Applicable
1. Preliminary study and cost estimate.
2 . Preparation of proposal and contract.
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 3
3. Meetings , coordination and negotiations including
contact with the above listed utilities concerning
possible relocation or other coordination in regard to
existing or proposed utilities.
B. SURVEYS - Not Applicable
1. Establish baseline and set bench marks.
2 . Cross-sections, elevations and supplemental horizontal
location of accessible utilities.
C. CONSTRUCTION DRAWINGS - Not Applicable
Construction Drawings shall reflect the preliminary study
and be adequate to provide a competent contractor sufficient
graphic information to construct the N/A
noted above along with appropriate consideration for other
utility systems listed herein.
D. PROJECT MANUAL AND FINAL COST ESTIMATE - Not Applicable
Standard Project Manual of the CONSULTANT will be used with
modifications to meet special conditions of the VILLAGE.
E. COMPLETION OF SERVICE - Not Applicable
Design phase services under this Contract shall be con-
sidered complete upon submission of CONSULTANT'S Recommenda-
tion for Award of the Construction Contract.
F. OTHER SERVICES
Preparation of detailed .response to six (6) questions by
SFWMD in their March 10, 1989 request for additional
information (attached) including 2-Dimensional and 3-
Dimensional computer modeling of aquifer responses to
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 4
increased withdrawals. Basic services will include the
preparation of extension requests, if necessary, to obtain
the permit.
G. If elected by the VILLAGE, the CONSULTANT shall furnish
construction phase services as an additional service with
the fees therefor to be paid as set forth below. Construc-
tion phase services shall consist of consulting with and
advising Village, and acting as Village's representative as
provided in Articles I through 17 inclusive of the "Standard
General Conditions of The Construction Contract" as prepared
by the Engineer's Joint Contract Documents Committee (1910-8
1983 Edition) and which document shall be included in the
Construction Contract for this Project.
ARTICLE II
A. BASIC FEE:
The fee to be paid the CONSULTANT by the Village for Basic
Services required is as follows:
1. Design Fee - $18,000 Lump Sum
2. The above fee is based on an estimated construction
cost of $ N/A for the Project. It is
understood and agreed construction costs experienced
will not modify the design fee upward or downward.
B. ADDITIONAL SERVICES OF THE CONSULTANT AND FEES THEREFOR:
It is understood and agreed that any additional services
beyond those normally required for preparation of pre-
liminary plans, design drawings, project manuals and
coordination will be paid for separately by the VILLAGE upon
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 5
the billing of the CONSULTANT based on actual personnel
costs times a factor of 2 . 30. Reimbursable expenses shall
be paid separately to the CONSULTANT. or directly to the sub-
contractor upon the notification by the CONSULTANT to the
VILLAGE that the services have been rendered. Reimbursable
expenses shall include, but not be limited to, data process-
ing, equipment rental, automobile travel at $0.27 per mile,
$0.45 per mile for four-wheel drive and trucks, commercial
air travel at cost, long distance .telephone, subsistence,
printing and reproduction.
C. SCHEDULE OF FEE PAYMENTS:
Progress payments to the CONSULTANT shall be due and payable
monthly in proportion to the percentage of engineering work
approved and accepted by the Owner based on fees set forth
herein. For design services on projects where construction
is contemplated, if no construction contract is awarded or
the project is not advertised for bids, through no fault of
the CONSULTANT, then the fees set forth above shall be due
and payable by the VILLAGE.
D. The fee budget for construction phase services is hereby
established at $ N/A It is understood that
the Village will be invoiced monthly on the basis of
personnel costs times 2 . 30 plus reimbursable expenses as
noted above and that the budget is based on previous
experience. However, any budget increase must be justified
to the Village 's satisfaction prior to CONSULTANT billing
the VILLAGE.
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 6
ARTICLE III
INSURANCE
1. The CONSULTANT shall procure and maintain insurance for
protection from claims under workers' compensation acts,
claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all
employees or of any person other than such employees, and
from claims or damages because of injury to or destruction
of property including loss of use resulting therefrom. The
Comprehensive General Liability Insurance shall be in an
amount not less than $500, 000 Combined Single Limit. Also
CONSULTANT shall procure and maintain professional liability
insurance for protection from claims arising out of perfor-
mance of professional services caused by a negligent error,
omission or act for which the insured is legally liable;
such professional liability, insurance will provide for
coverage in such amounts, and certificates indicating that
such insurance is in effect will be delivered to Village:
Amount: $ 1, 000, 000
2 . The VILLAGE shall at all 'times during the progress maintain
its own Liability Insurance.
ARTICLE IV
OWNERSHIP OF DOCUMENTS
The Documents developed pursuant to this project, including
drawings, specifications, project manuals and the like,
furnished by the CONSULTANT are to remain the property of
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 7
the CONSULTANT except that the VILLAGE shall retain the
right to obtain copies of same at reasonable times and in
reasonable quantities free of . charge. In the event that
CONSULTANT goes , out of business, all documents developed
pursuant to this project shall immediately become the
property of the VILLAGE. All documents including Drawings
and Survey Notes prepared by the CONSULTANT pursuant to this
Agreement are instruments of service in respect of the
Project. They are not intended or represented to be
suitable for reuse by Owner or others on extensions of the
Project or any other project. Any reuse by Owner without
' written verification or adaptation by the CONSULTANT for the
specific purpose intended will be at Owner's sole risk and
without liability of legal exposure to CONSULTANT; and Owner
shall indemnify and hold harmless CONSULTANT from all
claims, damages, losses and expenses including attorney's
fees arising out of or resulting therefrom. Any such
verification or adaptation may entitle CONSULTANT to further
compensation at rates to be agreed upon by Owner and
CONSULTANT.
ARTICLE V
OTHER AGREEMENT PROVISIONS
A. The CONSULTANT is required under this Agreement to furnish
ten (10) complete sets of the Contract Documents, such
provision to be included in the basic fee; additional sets
shall be furnished to the VILLAGE by the CONSULTANT at cost.
B. All land required for the construction of this project shall
be furnished by the VILLAGE.
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 8
C. It is understood and agreed that the design phase services,
undertaken by the CONSULTANT, are to be completed within
seventy-five (75) calendar days after the date of
execution of this contract for professional services. It is
agreed that construction work is anticipated to begin on or
about N/A , 19 .
D. All permits required for the construction work shall be
secured by the VILLAGE but applications, drawings and the
like including coordination thereof with applicable agencies
shall be furnished by the CONSULTANT as part of the basic
fee.
E. Required' soils investigations as requested by the CONSULTANT
shall be coordinated by the CONSULTANT but shall be paid for
directly by the VILLAGE to the soils specialist after
recommendation by the CONSULTANT.
F. Since CONSULTANT has no control over the cost of labor,
materials or equipment, or over the Contractor(s) methods of
determining prices, or over competitive bidding or market
conditions, his opinions of probable Project Cost or
Construction Cost provided for herein are to be made on the
basis of his experience and qualifications and represent his
best judgment as a design professional familiar with the
construction industry, but CONSULTANT cannot and does not
guarantee that proposals, bids or tilt Construction Cost will
not vary from opinions of probable cost prepared by him. If
prior to the Bidding or Negotiating Phase VILLAGE wishes
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 9
greater assurance as to the Construction Cost, the CON-
SULTANT shall employ an independent cost estimator with the
cost thereof to be borne by the VILLAGE.
G. The CONSULTANT shall, prior to bidding, coordinate with the
VILLAGE and interested contractor(s) to determine the
optimum procedures for dealing with VILLAGE policies
regarding contractor's operations. This liaison shall
include, but not be limited to, consideration of seasonal
and daily time constraints, optimum annual construction
volumes, and minimizing street blockage and limitations of
access to homes of the Village's residents and homes within
the Village Water System service area.
H. The VILLAGE shall assist the CONSULTANT by furnishing, at no
cost to the CONSULTANT, all available pertinent information
including previous reports and any other data relative to
performance of the above services for the project.
I. The VILLAGE shall designate in writing a person to act as
the VILLAGE representative with respect to the services to
be performed under this Agreement, such person shall have
complete authority to transmit instructions, receive
information, interpret and define the VILLAGE policies and
decisions with respect to materials, equipment, elements and
systems pertinent to the services of the CONSULTANT.
J. Invoices for services rendered shall clearly delineate the
services rendered in accordance with the needs of the
VILLAGE. Invoices are prepared monthly and are due and
payable within twenty-one (21) days from date of invoice.
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 10
K. This contract shall be governed by the laws of the State of
Florida, and the appropriate venue for any actions arising
out of this agreement would be West Palm Beach, Florida.
L. The terms and conditions of this Agreement shall apply to
any successor or assign of the CONSULTANT.
Village of Tequesta, Florida
Contract for Professional Services
May 10, 1989 - Page 11
ARTICLE VI
EXECUTION
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly qualified representatives,
this day of , 19 .
VILLAGE OF TEQUESTA, FLORIDA
Acting by and through its
Council
By:
Village Manager
ATTEST:
By:
Village Clerk,
ENGINEERS:
GEE & JENSON ENGINEERS-
ARCHITE N , NC.
1
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(CORPO E SEAL)
ATTEST
By: Agi
