Item C23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 22. 2004
Division: Public Works
Department: Facilities Maintenance ::S-. L..
Bulk Item: Yes -L No
AGENDA ITEM WORDING: Approval to renew contract with Synagro Southeast, Inc. for the
operation and maintenance of the wastewater treatment plant located a the Roth Building in Tavernier,
ITEM BACKGROUND: On May 31, 2004 our current contract with Synagro Southeast, Inc. will
expire. In accordance to Article 6 B of the original contract dated May 15, 2002, the Owner has the
option to renew the contract for two additional one-year periods,
PREVIOUS RELEVANT BOCC ACTION: On May 15, 2002, the BOCC granted approval to
award bid and enter into a contract with Synagro of Florida - Anti-Pollution, Inc" and on May 21,2003
the BOCC approved the first of two one-year options to renew the contract.
CONTRACT/AGREEMENT CHANGES: Contractors name to change from Synagro of Florida -
Anti-Pollution, Inc. to Synagro Southeast, Inc., and renewal to commence on June 1, 2004 and expire
on May 31, 2005. Contract fees remain the same.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $13.590 QPer & maint
545,00 per hOUT repairs - re!!Ular boUTS
$67.50 emetllencvcalls - overtime
Cost + 20% for materials
Cost + 20% sludRe removal
BUDGETED: Yes -L No
COST TO COUNTY: Same as Above
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -1L OMBlPurchasing-X-
Risk Management _X_
DIVISION DIRECTOR APPROVAL:
(f/ ~ Jp//G>'f?
ent Pierce, Director Public Works
DOCUMENTATION:
Included
To Follow X Not Required_
AGENDA ITEM #~
DISPOsmON:
Revised 1/03
~~)h SYN- A 'GRQ
~ ~
A Residuals Management Company
January 30, 2004
Monroe County Public Works Division
Ann M. Riger, Contract Monitor
Re: Old Mariners Hospital WWTP
Dear Ann,
In accordance with article 6 B of the original contract dated May 15, 2002, we at Synagro
wish to renew the contract for the second and final renewal period. If you have any
questions please give me a call at 852-3115.
S~relY.,
f~J4~
Tyler Horst
Project Manager
r R~:. FTVED 1\
i Ftt1 U L 2003
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5198 Overseas Highway, Marathon, FL 33050 · Ph: (305) 289-2204 . Fax: (305) 289-2297
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Synagro Southeast, Inc, Contract #
Effective Date: 06/01/04 app
Expiration Date: 05/31/05
Contract Purpose/Description:
Contract Renewal for the Operation & maintenance of the wastewater treatment plant at
the Roth Buildin2 (Old Mariners Hospital)
Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4
(Name) (Ext, ) (Department/Stop #)
for BOCC meetins;z on 04/21/04 Agenda Deadline: 04/06/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 15,000 app Current Year Portion: $ 5,000app
Budgeted? Yes~ No 0 Account Codes: 001-20501-530-340-
Grant:$ N/A _-_-_-_
County Match: $ N/A _-_-_-_
- - ...-
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
ot included in dollar value above e . maintenance utilities 'anito' salaries etc.
CONTRACT REVIEW
Date In
Changes
Needed
YesDNoD
YesDNolif ~\
Yes0NoO ~.A
O~f 0/01/.
Ye 0
Date Out
Division Director
Risk Management 3//'1/(1"(
O.M.B./Purchasing ~~o/
County Attorney
RENEWAL AGREEMENT
Operation and Maintenance Sewage Treatment Plant at the Roth Building (Old Mariners Hospital)
THIS Renewal is made and entered into this 21 st day of April, 2004 between MONROE
COUNTY, FLORIDA and SYNAGRO SOUTHEAST INC. WHEREAS, it is desired to renew the
agreement between the parties dated May 15, 2002, as previously renewed ,~n May 21st, 2003,
(copies which are incorporated hereto by reference), NOW THEREFORE, the parties agree as
follows:
}, Formally change the name of the contract to reflect corporate restructuring from
Synagro of Florida, Anti-Pollution, Inc. to Synagro Southeast, Inc.
2, In accordance with Article 6 B of the original agreement dated May 15, 2002, the
County wishes to exercise the final option to renew the Agreement for a one-year
period,
3. The term of the renewed agreement will commence on June 1, 2004 and terminate on
May 31,2005.
4. In all other respects, the original agreement between the parties dated May 15,2002,
and as renewed on May 21,2003, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
and year first written above.
(Seal)
Attest: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clem
By:
Witness
SYNAGRO SOUTHEAST, INC,
Witness
By:
Title
RENEWAL AGREEMENT
(Operation and Maintenance Sewage Treatment Plant at the Old Mariners Hospital)
THIS Renewal is made and entered into this 21st day of May 2003, between MONROE
COUNTY, FLORIDA and SYNAGRO OF FLORIDA - ANTI-POLLUTION, me. in order to
renew the agreement between the parties dated May 15, 2002 (a copy with is incorporated hereto
by reference), as follows:
1. In accordance with Article 6 B of the original agreement dated May 15, 2002, the
County wishes to exercise the option to renew the Agreement for the first of two
one-year periods,
2. The term of the renewed agreement will commence on June 1, 2003 and terminate on
May 31, 2004,
3, In all other respects, the original agreement between the parties dated May 15, 2002
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
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~~OOUlV~.... and year first written above.
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\~~~:',-~;~~~~~r;~ L KOLHAGE, CLERK
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Clerk
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
By: .tPJU >n ~
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SYNAGRO OF FLORIDA-ANTI-POLUTION. INC.
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Title
RrET'TED
JUL 0 1 2003
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CONTRACT
THIS AGREEMENT, made and entered into this 15th day of May, 2002, A.D., by and between
MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and Synagro of
Floriqa - Anti-Pollution, Inc. , (hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
1. THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents.
2. THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders,
and any addenda issued hereafter, any other amendments hereto executed by the parties
hereafter, together with the bid proposal and all required insurance documentation.
3. SCOPE OF THE WORK
The Contractor shall provide operation & maintenance, repairs, and all services to
comply with DEP requirements, including all necessary supplies and equipment required
in the performance of same, and perform all of the work described in the Contract
Specifications entitled:
Operation & Maintenance
Sewage Treatment Plant
The Old Mariners Hospital
Monroe County, Tavernier, Florida
And his bid dated April 11, 2002, each attached hereto and incorporated as part of this
contract document. The specifications shall serve as minimum contract standards, and
shall be the basis of inspection and acceptance of all the work.
4. THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said service on a
per month in arrears basis on or before the 30th day of the following month in each of
twelve (12) months. The Contractor shall invoice the County monthly for sewage
treatment plant operation and maintenance performed under the Specifications contained
herein. The Contract price (as stated in the Contractor's proposal) must be invoiced as
follows:
· Monthly Operation and Maintenance Services
(as outlined in the contract specifications)
· Repairs (routine, prior approval required). Normal
working hours of8:00 a.m. to 5:00 p.m. Monday
through Friday, beyond the $500.00 limit
· Emergency service call. Overtime rate for hours
$1.132.50
per month
$ 45.00
per hour
other than the normal working hours as stated
above, including weekends and holidays
$ 67.50 per hour
· Handling fee for parts required for operation,
maintenance, repairs, and emergency service
Cost+ 20 %
· Sludge removal (beyond four per year required
as regular maintenance)
Cost+ 20 %
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the site and has made
investigations to fully satisfy himself that such site is correct and a suitable one for this
work and he assumes full responsibility therefore. The provisions of the Contract shall
control any inconsistent provisions contained in the specifications. All specifications
have been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the Owner
than against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
the Owner, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the Owner of any of the services furnished
by the Contractor shall not operate as a waiver by the Owner of strict compliance with the
terms of this Contract, and specifications covering the services. Failure on the part of the
Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from
the Contractor, who shall in any event be jointly and severally liable to the Owner for all
damage, loss, and expense caused to the Owner by reason of the Contractor's breach of
this Contract and/or his failure to comply strictly and in all things with this Contract and
with the specifications.
6. TERM OF CONTRACT/RENEW AL
A. This contract shall be for a period of one (1) year, commencing June 1, 2002 and
terminating May 31, 2003 .
B. The Owner shall have the option to renew this agreement after the first year, and each
succeeding year, for two additional one year periods. The Contract amount agreed to
herein might be adjusted annually in accordance with the percentage change in the
Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12)
months available.
7. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor IS for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
contractor or any of his/her employees, contractors, servants, or agents to be employees of
the Board of County Commissioners for Monroe County.
9. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
10. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Contractor, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any obligation
upon the board in addition to the total agreed-upon price of the services/goods of the
contractor.
11. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by
all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of,
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to tenninate this contract immediately upon delivery
of written notice of termination to the contractor. The contractor shall possess proper
licenses to perform work in accordance with these specifications throughout the term of
this contract.
12. INSURANCE
Prior to execution of this agreement, the contractor shall furnish the OWner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the
attached forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1,
ED1, and VLl, each attached hereto and incorporated as part of this contract document,
and all other requirements found to be in the best interest of Monroe County as may be
imposed by the Monroe County Risk Management Department.
13. FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially
reduced or cannot be obtained or cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be terminated
immediately at the option of the Board of County Commissioners by written notice of
termination delivered in person or be mail to the contractor. The Board shall not be
obligated to pay for any services provided by the contractor after the contractor has
received written notice of termination.
14. PROFESSIONAL RESPONSffiILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, subject to the terms and
conditions set forth in these contract documents The provider shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of
appropriate local, state, and/or federal certification and/or licensure of contractor.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Synagro of Florida - Anti-
Pollution, Inc.
89111 Overseas Highway
Tavernier, FL 33070
16. CANCELLATION
A) In the event that the Contractor shall be found to be negligent in any aspect of
plant operation, maintenance, repair, or service, the County shall have the right to
terminate this agreement after five days written notification to the Contractor.
B) Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
-17. . GOVERNING LA \\T<"
This Agreement is B~ .erned by the laws of the State of Florida, Venue for any litigation
arising under this Agreement must be in Monroe County, Florida, In the event of any
litigation, the prevailing party is entitled to attorney's fees and costs,
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18, CONTINGENCY STATEMENT
Moriroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners,
<lilt
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
Ji..(~f\=yritt~~~agove in four (4) counterparts, each of which shall, without proof or accoullting for
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.~:{.Jhe'9't~~Le6'l.U1t~QJarts, be deemed an ongmal contract,
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---=-..::- By:
Mayor/Chairman
Date: -t//17J It: 2.002..
(SEAL)
Attest :
By 7?~Wi'~
ESS
Title: ~~ ~--Z:"'
CONTRACTOR
Synagro of Florida - Anti-Pollution, Ine,
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By: ~ ..-c-~"
Title: G"L-t?~>1-4/7t'~~;- -..b,,2=-=?>~
BY:?-~~
Title: ~ 4rd
OPERA.ll0N & MAINTENANC:
SEWAGE TREATMENT PLANT
OLD MARINERS HOSPITAL
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ADDENDUM NO. 1
March 26, 2002
The infonnation contained in this Addendum modifies, supplements or replaces
information contained in the Bid and is hereby made a part of the Contract Documents,
,
1. SECTION TWO - CONTRACT SPECIFICATIONS: Article 2.01, Paragraph G-
3, Delete second half of sentence that reads (chlorine tablets shall be supplied by
the contractor at the price stipulated in the contract).
Chlorine costs shall be included in the monthly operation and maintenance fee.
All other items remain as called for in the documents.
End of Addendum No. 1
.1 _
101 . King, Acting Sr. Director
blic Facilities Maintenance