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HomeMy WebLinkAboutResolution_24-98/99_03/04/1999 RESOLUTION NO. 24 -98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE BID AWARD FOR THE WATER QUALITY MONITORING PROGRAM (JUPITER INLET) TO TOXIKON OF JUPITER, FLORIDA IN THE AMOUNT OF $31,411 WITH FUNDS BEING APPROPRIATED FROM THE WATER REVENUE BONDS, SERIES 1998 AND AUTHORIZING THE VILLAGE 9 MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: Section 1. The Bid from Toxion of Jupiter, Florida attached i hereto as Exhibit "A" and Incorporated by Reference as Part of this Resolution is Hereby Approved and the Village Manager of the Village of Tequesta is i Authorized to Execute the Applicable Contract on Behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Mackail , who moved its adoption. The motion was seconded by Councilmember Hansen and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer i • The Mayor thereupon declared the Resolution duly passed and adopted this 4 th day of March, A.D., 1999. MAYOR OF TEQUESTA Elizabeth Schauer ATTEST: Joann ManganiEdlo Village Clerk WP80 \Resolution \Water Quality • • I Feb -26 -99 01:50P Reese,Macon &Assoc_ P_01 "A • Reese, Macon and Associates, Inc. February 26, 1999 Ms_ Joann Nlanganiello Village of Tcquesta K0. Box 3273 Tequesta, FL 33460 -0474 RE: Water Quality Monitoring Program Dear Ms. Manganiello: On Tuesday, February 23, 1999 we conducted a bid opening for the above referenced project. Six bids were received as summarized below: 1 _ U.S. Biosystems $12,101.00 2. Harbor Branch $29,865.00 3. Toxikon $31,411.00 4. Entek Environmental $41,375.00 5, Grove Scientific $43,346.95 6_ Continental Shelf Assoc. $76,205.00 • Our estimate for this portion of the monitoring program was $38,000. As you know, the bid is structured as a 2 year contract and the bid amounts shown reflect the Village's cost for that time frame. Note that the U.S. Biosystem bid represented the field services portion of the bid incorrectly_ Due to this error, they have respectfully withdrawn their bid. Refer to the attached letter of February 24, 1999. We therefore investigated the qualifications of the number 2 and 3 bidders, Harbor Branch and Toxikon. We have found the qualifications of both firms to be in conformance with the specification requirements. These firms have significant experience in this type of work_ We have contacted numerous references and have found the reactions to be universally positive. Due to the narrow margin between the two bids ($1,546), we can recommend award of this contract to either Harbor Branch ($29,865), or Toxicon ($31,411)_ We will be present at the Council meeting to answer any questions. Meanwhile, if you should have any questions or wish to discuss this further, please call_ Sincerely, Thomas C_ Jensen, P.E. Encl. tej031.A"- I06Watcr 6415 Lake Wortb Road - Suite 307 - Lake Worth, FL 33463 -2907 Telephone (561)133 -3226 - Facsimile (561 )433 -8011 e-mail - reemaeftate.net Feb -26 -99 01:50P Reese,Macnn &Assoc. F32/2611999_ 15: O5 _ 561--5/5 -6'2245 PUBLIC WUW{ :i I-AL; r C H P-02 I ILJSB!osy w February 24. 1999 I W. Tow Jensen Reese MUM *W Associates i 641 Lake Worth Rosd Sucre 30'7 Labe Worth, Ft 33403 Dear Mr. lessen: ,JS iaiosyste= repress that we thust dechim Our Pry for Vd1a*e of Tequtata's Water �siity Mm 1ror" Progrm due m an error in cak ulsaoe of field somce time submitted oq do bid sheet. We m6takaJ4 omitted the total mogm of fours to PO&M ft fivc locations ft Am biert Recdvi 4 Water, which would hom made the Md sav= ratc road S I S aco and the total bid r 26501. We mWeciate you brig this iaacwatiy our =uenrion. We apdogi abort ;any inconvMenct tbis mistake wrap have caused and ltopc Vic will t ' Save sn oppoa WAT to-bid with yow company and Yrllsge of requests in the &lure. Rborida Mo . AGCOUM Ma69e' � I TOTAL P.01 Mar -10 -99 OB:29A Reese, Macon &Assoc_ F_02 EXHIBIT "A" BID PROPOSAL TO: VILLAGE OF TEQUESTA P.O. BOX 3273 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 FROM: 1 6xk bn 10 _o ck-'r::AoLl toaw (Hereinaf ez referred to as Bidder) Gentlemen: The undersigned, as Bidder, proposes to furnish all labor, materials, equipment, services, and incidentals necessary to perform all work in accordance with the Contract Documents entitled: Village of Tequesta, Water Quality Monitoring Program and General Laboratory Services. / Bidder has also received addenda numbers through J and have included their provisions in this proposal. Bidder now submits the following and hereby agrees: 1. The only person(s) interested in this bid, or Agreement, as principal are named herein; that the bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith without collusion or fraud, or other illegal practices. 2. To hold Bid open until an Agreement has been executed between the Village and the accepted Bidder, or until sixty (60) calendar days after the bid opening date, whichever is shorter. 3. To enter into and execute an Agreement on the basis of this Bid, within fifteen (15) calendar days after the award of the Contract. Failure to execute the Contract within fifteen (15) days shall cause bid security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and expenses incurred, payable into the funds of the Village. 4. To start work within ten (10) calendar days of the pate of Commencement as established in the Notice to Proceed. Work shall be completed within the number of calendar days specified in Article 3 of the Construction Agreement. 5. In the event of multiplication, addition, or clerical errors • on the Bid Forms, the Village may correct these errors to clarify the Bids. The information which results in the lowest p-1 99 -106 Mar -10 -99 08 =29A Reese,Macon &Assoc. P_O3 cost to the Village will be considered correct, and therefore utilized. • P-2 99 -106 Mar -10 -99 08:29A Reese,Macon &Assoc_ P_04 . BASE PROP95AL FORM THE VILLAGE OF TEQUESTA Water Quality Monitoring program LUMP SUM, UNIT PER -FOOT OR ITLM DESC RIPT ON PER HOUR PRICE A. Mixing Zone Monitoring 1. Monitoring Site SWD -1 a. Salinity 24 EA $ .._ $ 4 18 b. Total Ammonia (as N) 24 EA $ �'aZ. $ � St- c. Fluoride 24 EA $ a .15. 1 O . $ 0 L d. Total Nitrogen ( as N) 24 EA S $ G pa e. Copper 24 EA $ 4: S,� $ I'A a 1. Temperature (Field) 24 EA $ h1 C. $ N G g. Dissolved Oxygen (Field) 24 EA $ �J� _ $ h. Conductance (Field) 24 EA $ N $ G i. pH (Field) 24 EA $ N C- $ • j. Combined Radium 226/228 8 EA $ I ` $ k. Gross Alpha �� Q Particle Activity 8 EA $ $ 2. Monitoring Site SWD -2 a. pH (Field) 24 EA $ N C. $ b. Dissolved Oxygen (Field) 24 EA $ 5 $ c. Conductance (Field) 24 EA $ NCr $ 7 . d. Temperature (Field) 24 EA $ $ C- Subtotal (A. Mixing Zone Monitoring) $ 3(0q(• • P - 3 99 -106 Mar -IO -99 08_30A Reese,Macon &Assoc_ P_05 i LUMP SUM, UNIT PER -FOOT OR ITEM DEECRIPTI N PER HOUR PRICE B. Ambient Receiving Water Monitoring 1. Monitoring Site SWA--1 a. Temperature (Field) 24 EA $ C'_ {�$ C- b. Dissolved Oxygen (Field) 24 FA $ ��� $ 3L r l C. Conductance (Field) 24 EA $ $ d. Total Ammonia (as N) 24 EA $ $ e. Salinity (Field) 4 EA $ $ f. Total Nitrogen (as N) 4 EA $ $ )o (' g. Copper 4 EA $ $ aO h. pH (Field) 4 EA $ $ N C i. Combined Radium 226/228 4 EA $ �� $ W o ,- j. Gross Alpha _ Particle Activity 4 EA $ $ �a k. Fluoride 4 EA $ ,— $ 2. Monitoring Site SWA -2 a. Temperature (Field) 24 EA $ _��- $ ��- • b. Dissolved Oxygen (Field) 24 EA $ ��. $ C. Conductance (Field) 24 EA $ N G $ N G d. Total Ammonia (as N) 24 EA $ e. Salinity (Field) 4 EA $ $ f. Total Nitrogen ( as N) 4 EA $ �_ $ 1 0,~ g. Copper 4 EA $ $ e0 h. pH (Field) 4 EA $ $ i. Combined Radium 226/228 4 EA $ •~ $ j. Gross Alpha ' 1 1 Particle Activity 4 EA $ $ k. Fluoride 4 EA $ } $ 3. Monitoring Site SWA -3 a. Temperature (Field) 24 EA $ G $ b. Dissolved Oxygen (Field) 24 EA $ 15, $ . C. Conductance (Field) 24 EA $ $ d. Total Ammonia (as N) 24 EA $ $ e. Salinity (Field) 4 EA $ $ f. Total Nitrogen ( as N) 4 EA $ $ 1 • g. Copper 4 EA $ $ afl P -4 99 -106 Mar -10 -99 08 =30A R QQSQ.Ma c - on&As sac _ P_06 LUMP SUM, UNIT PER -FOOT OR IT DESCRIPTION PER HOUR PRICE h. pH (Field) 4 EA to C $ Q i. Co Radium 226/228 4 EA 1 ?o • $ j. Gross Alpha r�r� Particle Activity 4 EA $ ` $ {a�� k. Fluoride 4 EA $ 10.- 4. Monitoring Site SWA -4 (Storet Site) a. Temperature (Field) 24 EA $ t C $ Q c' b. Dissolved Oxygen (Field) 24 EA $ $ c. Conductance (Field) 24 EA $ ti G $ C_. d. Total Ammonia (as N) 24 EA $ $ INS - e. Salinity (Field) 24 EA $ $ y f. Total Nitrogen ( as N) 24 EA $ o� `J $ g. Copper 24 EA $ h. pH (Field) 24 EA $ $ G, i. Fluoride 24 EA $ ,._ $ j. Combined Radium 226/228 8 EA $ t $ • k. Gross Alpha Particle Activity 8 EA $ 5. Monitoring Site SWA -5 a. Temperature (Field) 4 EA $ K) C' b. Dissolved Oxygen (Field) 4 EA $ r J. $ �2QJ c. Conductance ( Field) 4 EA $ P�?�� $ Q G d. Total Ammonia (as N) 4 EA $ r a . $ 4'S' e. Salinity (Field) 4 EA $ $ f. Total Nitrogen ( as N) 4 EA $ g. Copper 4 EA $ h. pH (Field) 4 EA $ C- i. Fluoride 4 EA $ J $ "a j. Combined Radium 226/228 4 EA $ $ c k. Gross Alpha Particle Activity 4 FA $ $ 001 Subtotal (H. Ambient Receiving Water Monitoring) $ q�j do' • LUMP SUM, UNIT p -5 99 -106 Mar -10 -99 08 :30A Reese,Macon &Assoc_ P_07 PER -FOOT OR IT DESCRIPTION PER SOUR CE C. Surface Water Discharge 1. Reject Main Access Point a. Salinity 15 EA $ + $� b. Total Ammonia ( as N) 15 EA $ 1 • .— S d' C. Total Nitrogen (as N) 15 EA $ $ d. Total Phosphorus ( as P)15 EA $ _ $ ao e. Copper 15 EA $ `-� $ f. Fluoride 15 LA $ la $ g. Dissolved Oxygen(Field)15 EA $ $ a �• h. Temperature (Field) 15 EA $ NG $ C ' i. pH (Field) 15 EA $ N C $ QC, a. Conductance (Field) 15 EA $ $ Q �Q k. Hydrogen Sulfide 15 EA $ 6 . $� 1. Combined Radium 226/228 5 EA $ So $ Cif M. Gross Alpha 1 �JQ Particle Activity 5 EA $ $ - Subtotal (C. Surface Water Discharge) $ 5•� D. FIELD SERVICES a. Monthly Monitoring 24 EA $ 500 $�- b. Quarterly Monitoring 8 EA $ � Subtotal (G. Field Services) $ �- n ()0. TOTAL BASE BID (Items A, B, C, & D,) $ �� �t•� • P -6 99 -106 Mar -10 -99 08 =30A Reese,Macon&Assoc. P_08 The following is a complete list of the subcontractors to be used if the undersigned is awarded the Contract for this project. The subcontractors performing more than $10,000 work (equipment and labor) on the project shall be listed below. Subcontractors named below may not be changed by the Contractor. The Owner may request a change under the terms of applicable sections of the General Conditions. Type of Work Name and Address of Subcontractor 'm�li P . D. box Ra � rJOLCA O F1 Dated this CA day of , 19 9 Contractor: OXi ko Corporate Address: Imp p Cmy SuC 1 Seal 13y: i S Title P -7 99 -106 allIBIT "A" AGREEMENT • THIS AGREEMENT, made this 27.r(, day of ° 1999, between VILLAGE OF TEQUESTA, a Political Subdivision of the State of Florida, hereinafter called the "VILLAGE" and TOXIRON hereinafter called "CONTRACTOR ". VILLAGE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: WATER QUALITY MONITORING PROGRAM The Project, for which the Work under the Contract Documents may, be the whole or only a part, is generally described as follows: WATER QUALITY MONITORING PROGRAM Article 2. ENGINEER. The Project has been designed by: • Reese, Macon and Associates, Inc. 6415 Lake Worth Road, Suite 307 ,i Lake Worth, FL 33463 who is hereinafter called ENGINEER and who is to act as VILLAGE's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance i with the Contract Documents. Article 3. CONTRACT TIME. 3.1.a. The project (Annual Contract) will be for a period of twenty -four (24) months from the date when the contract time commences to run as provided in paragraph 2.3 of the General Conditions. The Owner reserves the right to cancel the contract at any time during the annual contract with thirty (30) days written notice to the Contractor. 3.1.b. The work will be substantially completed f commensurate with the FDEP guidelines for the monthly I and quarterly analyses from the date when a Notice to Proceed is issued as provided in paragraph 2.3 of the General Conditions. Final payment guidelines as set forth in paragraph 14.13 of the General Conditions is • not applicable to this project. I i - 1 - 99 -106 I i I! 3.2. Liquidated Damages. VILLAGE and CONTRACTOR recog nize that time is of the essence of this Agreement and that VILLAGE will suffer financial loss or penalties from the State if the Work is not completed within the times specified in paragraph 3.1.b above, plus any extensions -?� thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration i proceeding, the actual loss suffered by VILLAGE if the Work is not completed on time. Accordingly, instead of requiring -ii such proof, VILLAGE and CONTRACTOR agree that as liquidated �- damages for delay (but not as a penalty) CONTRACTOR shall f pay VILLAGE One Hundred Fifty dollars ($150.00) for each day �! that expires after the time specified in paragraph 3.1.b for Substantial Completion until the Work is substantially complete. i Article 4. CONTRACT PRICE. 4.1. VILLAGE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in _i current funds as outlined within the Bid Proposal for the work performed on a monthly basis. Article 5. PAYMENT PROCEDURES. • CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General I, Conditions. 5.1. Progress Payments. VILLAGE shall make progress payments on account of the Contract Price for monthly work performed on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, within 30 days of receipt of an invoice during the project duration as provided below. All progress payments will be on the basis of the progress of the Work measured by the work performed for that month. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or VILLAGE may withhold, in accordance with paragraph 14.7 of the General Conditions. 100% of work completed for that month. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by • documentation satisfactory to VILLAGE as provided in paragraph 14.2 of the General Conditions). j -2- 99 -106 Article 6. INTEREST (NOT APPLICABLE) • Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce VILLAGE to enter into this Agreement CONTRACTOR makes the following representations: 7:1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data ". 7.2. CONTRACTOR has visited the site and has become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface • structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that VILLAGE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety I precautions and programs incident thereto. CONTRACTOR does • not consider that any additional examinations, investigations, explorations, tests, studies or data are ` necessary for the performance and furnishing of the Work at f -3- 99 -106 the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by VILLAGE and others at the site that relates to the Work as indicted in the Contract Documents. 7.6. CONTRACTOR has correlated the information know to CONTRACTOR, information and observations from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between VILLAGE and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6, inclusive). 8.2. Exhibits to this Agreement consisting of 4 Exhibits. 8.3. General Conditions (pages 1 to 42, inclusive). 8.4. Supplementary Conditions (pages SGC -1 to SGC -10, inclusive). 8.5. Specifications bearing the title Village of Tequesta Biological /Water Quality Monitoring Program, consisting of 2 technical divisions and 9 pages, as listed in table of contents thereof. 8.6. Addendum - N/A 8.7. CONTRACTOR's Bid (pages P -1 to P -7, inclusive). 8.8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents • amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. -4- 99 -106 • There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. , Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. VILLAGE and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to • the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, �i agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS • -5- 99 -106 • IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 1999. OWNER: CONTRACTOR: Village of Tequesta Toxiko_n Y x By Thomas G. Bradford James C. Kinch Village Manager G Vioe President [CORPORATE SEAL]* Attest Attest Address for giving notices: Address for giving notices: P.O. Box 3273 106 Coastal Way Tequesta, FL 33469 -0273 Jupiter, FL 33477 (561)575 -6200 (561)575 -2477 DHRS No. 910150 * If Contractor is a • corporation, attach evidence of Authority to sign. -6- 99 -106