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HomeMy WebLinkAboutDocumentation_Regular_Tab 14B_04/08/19991IZ 13 Memorandum To: Thomas G. Bradford Village Manager From: Joann Manganiello, Assistant Village Manager/Village Clerk( , Date: March 31, 1999 Subject: Resolution Na ZS -98/99 -Approving Bid Award fry the Biological Monitoring Program (Jupiter Inlet) On November 13, 1996, the Department of Emrironmental Protection issued the Village of Tequesta an Industrial Wastewater Facility Permit for the Reverse Osmosis Treatment and Disposal Facility. This permit, which expires on November 13, 2001, is issued under the provisions of Chapter 403, Florida Statutes, and applicable rules of the Florida Administrative Code, and constitutes authorization to dischazge to waters of the State under the National Pollutant Discharge Elimination System (NPDES). This permit is directly related to the effluent disposal (treated concentrate) which is transported from the R.O. Treatment Facility by pipe to the Jupiter Inlet where it is discharged through a submerged diffuser constructed at the end of the concentrate disposal main. Although this permit authorizes the discharge to the Jupiter Inlet, it also imposes effluent limitations and water quality monitoring requirements. The 'Village has instituted some water quality testing which was required under the permit. This testing wilt be replaced with the BiologicaUWater Quality Monitoring Program which was developed by the Village and its engineering consultants, Reese, Macon & Associates, as part of the permit conditions. On October 9, 1998, the Industrial Wastewater Facility Permft was modified to include the BiologicaUWater Quality Monitoring Program. The Village of Tequesta is responsible for the provision of .monthly Discharge Monitoring Reports based . on discharge sampling at specified monitoring sites. The purpose of the BiologicaUWater Quality Monitoring Program is to verify that no significant impact to the receiving waters shall occur. The DEP's particular concern is the nearby Loxahatchee River/Lake Worth Creek Aquatic Preserve. The BiologicaUWater Quality Monitoring Program shall take place for the duration of the permit. A reopener clause within the permit will allow the Village to revise the Program after two years of testing. The issuance and conditions of a modified Industrial Wastewater Facility Permit for the Reverse Osmosis Treatment and Disposal Facility will be determined by the DEP based on the data collected from the BiologicaUWater Quality ~Vtonitoring Program. Bids for the BiologicaUWater Quality Monitoring Program were opened on February 2, 1999. Both bids Came in over the cost projections estimated by Reese, Macon & Associates for the Monitoring Program. Consequently, Reese, Macon & Associates revised the bid documents to include the Water Quality Monitoring only and immediately readvertised the "Invitation to Bid." Memorandum: Thomas G. Bradford, Village Manager March 31, 1999 Page 2 - On March 4, 1999, the Village Council awarded bid for the Water Quality Monitoring Program to Toxikon of Jupiter, Florida, in the amount of $31,411. These funds will be expended over a two-year period. Funding for this project will be appropriated from the Water Revenue Bonds, Series 199$. The Invitation to Bid for the Biological Monitoring Program was, subsequently, readvertised and, on March 30, 1999, bids were opened again. One bid was received and is summarized on the attached letter from Tom Jensen, P.E., Reese, Macon & Associates, our consultants for this project, who have reviewed and evaluated the bid and the qualifications of the bidder. In reviewing the same, staff recommends award of the bid to Toxikon of Jupiter, Florida, in the amount of $47,877. These funds will be expended over atwo-year period. Funding for this project will be appropriated from the Water Revenue Bonds, Series 1998. Please place the Sid Award for the Biological Monitoring Program on the April 8, 1999, Village Council Meeting Agenda for consideration by the Village Council_ Thank you. Enclosure amipro/fite~/asstmgr/watcdpt/biolgbid Apr-02-99 09:20A Reese,MaconBAssoc. RMA Reest, Macon and Associates, Inc. Apri12, 1999 Ms_ Joann Manganiello Village of Tequesta P.O. Box 3273 Tequesta, FL 33469-0474 R[w: Biological Monitoring Program pear Ms_ TViangartiello: On 'T'uesday, March 30, 1999 we conducted a bid opening for the above referenced project. One bid was received from Toxikon in the amount of $47,$77.00. Note that two other firms purchased bid documents but decided against bidding due to the specialized work involved in this Pr~~- Our estimate for this portion of the nwnitoring program was $44,000. As you know, the bid is struct~med as a 2 year contract and the bid amount shown reflects the Village's cost for that time frame. We have previously invea~igated the qualiScations of Toxikon, who was awarded the Water Quality Monitoring Program in February 1999_ The qualifications of the firm was found to be in conformance with the specification requirements. We therefore recommend award of this co~ract to Toxikon in the amount of $47,877.00. 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, P.F. kjU57199-1U~liio P.03 6415 I.akF worth Road • Suite 307 • Lake worth, FL 33Q63-21-07 TelepTione (5611Jt33~226 • F'aesitttik (36133-8Q1Y e-raaif • t+C~teofi~g~tenet RESOLUTION NO 25-98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQU'ESTA, PALM BEACH COUNTY, FLORIDA, APPROVING TH8 BID AWARD FOR THE BIOLOGICAL MONITORING PROGRAM (JUPITER INLET) TO TOXIRON OF JUPITER, FLORIDA, IN THE AMOUNT OF $47,877, WITH FUNDS BEING APPROPRIATED FROM THE WATER REVENUE BONDS, SERIES 1998, AND AUTHORIZING THE VILLAGE MANAG~;R 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 Contract for the Biological Monitoring Program (Jupiter Inlet) with Toxikon of Jupiter, Florida, in the Amount of $47,877, Attached Hereto as Exhibit "A" and (Incorporated by Reference as Part of this Resolution is Hereby Approved and the Village Manager is Authorized to Execute the Applicable Contract on Behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION the Mayor thereupon declared the Resolution duly passed and adopted this 8th day of April, A.D., 1999. MAYOR OF TEQUESTA TTEST: Joann Manganiello Tillage Clerk ,Resolution Biological Monitoring Program Apr-02-99 03:51F~ Reese,Macon$Assoc_ ~-05 EXHIBIT "A" ]1GItEEMElIT made this day of _ , 1999, THIS AGREEMENT, . between VILLAGE' OF TEQvESTA, a Political Subdivision of the State of Florida, hereinafter called the "VYLI,AGE" and hereinafter called "CONTRACTOR". VILLAGE and CONTRACTQR. in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORR CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as f ollows : BIOI,pGICAI. 2+IONITQRI~ PROGRAI[ The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: glOrpGICAL 1rtONITORINQ PRO(~RA~t Article 2. ENGINEER. The Project has been designed by: Reese, Macon and Associates, Inc. 6415 Fake worth Road, Suite 307 Lake Worth, FL 33463 who is hereinafter called ENGINEER and who is to act as VII,LAGS's representative, assume ail duties and responsibilities and have the rights Arid authority assigned to BNGINSER,in the Contract Documents in connection frith completion of the Work in accordance with the Contract D~uments- Article 3. CONTRACT TIME. 3.1.a. The entire 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 contrac38atdang time during the annual-contract with thirty ( ? Y written notice to the Contractor. 3.1.b. The work will be substantially completed commensurate with the FDEp guidelines for the monthly and quarterly anal.ysea from the date when a Notice to proceed is issued as provided i.n paragraph 2.3 of the General Conditions. Final payment guidelines as set forth in paragraph 14.13 of the General Conditions iii not applicable to this project. _ 1_ 99-106bio Apr-02-99 03=52P Reese,Macon$Assoc_ Article 6. INTEREST (NOT APPLICABLE) Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce VILLAGE to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 83 and the other related data identified in the Ridding Doc1u~-ent8 including "technical data". 7.2. CONTRACTOR has visited the site and has become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR ig familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, pzogress, gerformance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities3 which have been identified in the Supplementary Conditions'as provided. in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.Z of the Supplementary Copdi.tiong of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely a$ provided in paragraph 4.Z of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOA's purposes. GONTRACTOR acknowledges that VILLAGE and LNGINESR do not assume responsibility far 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 hag obtained and carefully studied (or assumes responsibility for having dose so) all such additional supplementary exarninationg, investi.gation~, explorations, teats, studies and data concerning conditions (su~eface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may, affect cost, progress, performance or furnishing of the Work or which relate Co any aspect of the means, methods, teChnigties, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary far the performance and furnishing of the Work at P_07 _3_ 99-106bio r the Contract Price, ,within the Contract Mmes and 'in accordance with the dthe& terms and ;conditions:•of'the Contract Documents. ~ . '].5. CONTRACTOR is aware of the general nature of work to be performed by VILLAGE and others ht the site that relates to the Work as indicted. in the Qontract Documents. 7.6. CONTRACTOR has correlated the information know~to CONTRACTOR, information and observations from vis~.ts to the site, •repQrts and drawin~ga identified ,fin the` ~orit~.'',~~t Documents and all addixional examinations, inve~stigati.ons, expXorations, tests,:studies•and data with the Contract Documents. , 7.~~ CpNTRACTORIhas~given ENGINEER written note-ce of all conflicts, erxors, ambi:qu~.ties or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Cp~~CTpR, and the Contract Documents.are generally sufficient td indicate ;and convey ;understanding of~ all terms and conditions for pe~formanc~ `and ~wr~~shing of the Work. Article 8. COr1TRAGT DOCUMENTS. The COntraCt Documentg which comprise the entire agreement between VILI~GS and CONTRAC~O!R,.cbncernirig, #hex Work ~ooaxst of the following: , ~i ,; ~ 8.1. .This< Agreement (Pages 1 to. 6, i•nglueive)1• ;' 8.2. Bxhibits to this Agreement;oon's~tinq of 3 Exhibits. 8.3. General Conditinns.(pages,l to,42;;inclusive). 8.4. Supplementary inclusive). $.5. Specification Tequeata Biological technical divisions contents thereof. Conditions (pages SGC-1 to SGC-9. s bearing the title Village of Monitoring program, consisting of 4 and 9 page~t,. as ..listed in, • table of i:i g.6. Addendum - N/A 8.7. CONTRACTOR's Sid (pages P-1 to P-3, inclusive). 8.8. The following which may be delivered or issued after the gffective 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.~ of the Genera, Conditions. -4- r r i~ u u r r i~ ^ r ^ R ^ 99-106bio 80' d ~ oossbnguooeW ` asaaa dZg = £O 66-ZO--~dtl ,' Apr-02-99 03:52P Reese,Macon&Assoc. 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. Terms used in this Agreement which are defined in 9.Z. Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9,Z. 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 ta'an assignment no assignment will release or dischazge the assignor from any duty ar 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, agreements and obligations contained in the Contract Documents. Article 10. OTHBR PROVISIONS P_09 _5_ 99-106bio ~' Apr-02-99 03:53P Reese,Macon&Assoc_ ', IN WITNESS WgEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2y to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTitACTOlt or by ENGINEER on their behalf. This Agreement will be effective on 1999. ~ CONTRACTOR: OWNER. Village of Tequesta . By Thomas G. Bradford Village Manager By [CORPORATE SEAL]* Atter9t Address for giving notxcds~ p.0. Box 32y3 Tequesta, FL 33469-0273 (561)575-6200 Attest Address for giving notices: *~If Contractor is a corporation, attach evidence o~ Authority to sign. ~~~ 99~106bio P_10