Loading...
11/21/2001 Standard Form of Agreement Between Owner and Contractor Where the Contractor is an Independent Contractor AGREEMENT made as of the TWO THOUSAND 0." e . (In Words, indicate day, month and year.) BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) For the following Project: (Include detailed description of project, location, address and scope) The Project Manager is: (Name and address) ~/~ day of /,/p ~/o[Jv1~ Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 ASCI Corporation Environmental Quality Laboratory 1009 Tamiami Trail Port Charlotte, Florida 33953 Ground Water and Surface Water Sampling and Analysis Monroe County, Florida Monroe County Engineer David S. Koppel, P.E. 5100 College Road Key West, Florida 33040 in the year of :J: c 0 ." 0 z )> <- r- :::On~ :::- fT! Or~' :z: 0 rz1 A"'< " n' 0(""): ...... 0 c.--;.~., :::0 z:::O -, :::- . 0 :::0 -lnr- ::J: ", :<: 4=C CD ("') "" > - 0 r:. e- ,. m :::0 \8 0 The Owner and Contractor agree as set forth below. 11/13/00 Standard Form of Agreement Between Owner and Contractor ARTICLE 1 CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Agreement and Specifications, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 CONTRACT WORK 2.1 The Contractor shall provide all labor, equipment, materials and services to sample, analyze, and report on the County's Landfill's eleven (11) ground water monitoring wells an three (3) surface water monitoring locations. 2.2 The Contractor shall perform all of the Work described in the Specification entitled: SPECIFICATION FOR GROUND WATER AND SURFACE WATER SAMPLING AND ANALYSIS AT KEY LARGO, LONG KEY AND CUDJOE KEY LANDFILLS and their proposal, each attached hereto and incorporated as part of the Contract document. ARTICLE 3 DATE OF COMMENCEMENT 3.1 The date of commencement shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made by the Owner. ARTICLE 4 CONTRACT AMOUNT 4.1 The Owner shall pay the Contractor in current funds for the Contractor's faithful performance of the Contract. 4.2 The Contractor shall invoice the Owner quarterly as follows: Two (2) quarters for $2,333,00 each, and two (2) quarters for $2,693.00 each 4.3 The yearly Contract Sum shall be as follows: Ten Thousand fifty-two and no/100 Dollars ($10,052.00) 11/13/00 Standard Form of Agreement Between Owner and Contractor 2 4.4 The contract amount agreed to herein may be adjusted annually at the request of the Contractor, in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Increases in the contract amount during any option period shall be extended into the succeeding years. ARTICLE 5 INDEPENDENT CONTRACTOR 5.1 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 its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. ARTICLE 6 ASSURANCE AGAINST DISCRlMENA TION 6.1 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 ARTICLE 7 ASSIGNMENT 7.1 The Contractor shall not assign 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 and Contractor may deem necessary. This Agreement shall be incorporated by reference into any assignment and any assignee 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. ARTICLE 8 INSURANCE 8.1 Prior to commencement of Work governed by this contract (including the prestaging of personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the attached schedules, which are made part of this Agreement. 8.2 The Contractor will not be permitted to commence Work governed by the Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the Owner as specified below. 11/13/00 Standard Form of Agreement Between Owner and Contractor 3 8.3 The Contractor shall provide to the Owner as satisfactory evidence of the required insurance, either: Certificate of Insurance or A certified copy of the actual insurance policy 8.4 The Owner, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 8.5 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the Owner by the insurer. 8.6 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 8.7 The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Worker's Compensation. 8.8 Any deviations from these General Insurance Requirements must be requested in writing on the Owner prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by the Monroe County's Risk Manager. ARTICLE 9 TERM OF CONTRACT/RENEWAL 9.1 This Contract shall be for a period of three (3) years, commencing on the day in which it has been executed by both parties. 9.2 The Owner shall have the option to renew this Agreement after the third year for one additional three-year period. ARTICLE 10 EXECUTION, CORRELATION AND INTENT 10.1 Execution of the Contract by the Contractor is a presentation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract, and 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 and its Surety. 10.2 Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and its decision shall be final and binding upon all parties. 11/13/00 Standard Form of Agreement Between Owner and Contractor 4 10.3 The passing, approval, and/or acceptance of any part of the Work or material by the Owner shall not operate as a waiver by the owner of strict compliance with the terms of this Contract, and Specification covering said Work. Failure on the part of the Contractor, immediately after Notice to correct workmanship 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 its failure to comply strictly and in all things with this Contract and with the Specifications. ARTICLE 11 INDEMNIFICATION AND HOLD HARMLESS 11.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County and 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 occasioned by the negligence or the wrongful act or omission of the Contractor, its employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ARTICLE 12 TERMINATION 12.1 Termination by the Contractor 12.1.1 The Contractor may terminate the Contract if: .1 the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with Contractor; .2 the Project Manager has not issued a certificate for Payment and has not notified the Contractor of the reason for withholding certification, or because the Owner has not made payment on a Certificate for Payment within 30 days; 12.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, tools, and equipment and machinery, including reasonable overhead, profit and damages. 12.2 Termination by the Owner for Cause 12.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 11/13/00 Standard Form of Agreement Between Owner and Contractor 5 .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 12.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts; .3 finish the Work by whatever reasonable method the Owner may deem expedient. 12.2.3 When the Owner terminates the Contract for one ofthe reasons stated in Subparagraph 12.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. ARTICLE 13 COMPLIANCE WITH LAW 13.1 In providing all services/goods pursuant to this Agreement, the Contractor shall abide by all statues, ordinances, rules and regulations 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 terminate this Contract immediately upon delivery of written notice of termination to the Contractor. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Monroe County, Florida. ARTICLE 14 FUNDING AVAILABILITY 14.1 In the event that funds 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 by written notice of termination delivered in person or by 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. ARTICLE 15 PROFESSIONAL RESPONSIBILITY 15.1 The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. 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 Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of Contractor. 11/13/00 Standard Form of Agreement Between Owner and Contractor 6 ARTICLE 16 NOTICE REQillREMENT 16.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. The correspondence shall be directed to: Owner: Mr. David S. Koppel, P.E. Contractor: Monroe County Engineer 5100 College Road Key West, Florida 33040 ASCI Corporation Environmental Quality Laboratory 1009 Tamiami Trail Port Charlotte, Florida 33953 ~ t eement is entered into as of the day and year first written above and is executed in at least 1 copies of which one is to be delivered to the Contractor, one each to the Construction .. Architect for use in the administration of the Contract, and the remainder to the Owner. ... BOARD OF COUNTY COMMISSIONERS ~OE COUNTY, FLORIDA ~,e ~~d Mayor7Chairman ~ Date ~ 2/,2.-000 (SEAL) Attest: CONTRACTOR By: 2~H6~ By: ,1I..-.~/? aJii{-t.. Title: (JreHof~+ Title: ~~~ {- o-.r 11/13/00 Standard Form of Agreement Between Owner and Contractor 7 1996 Edition GENERAL INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Sub-Contractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: - Certificate of Insurance or - A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 1996 Edition In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. Indemnification and Hold Harmless For Construction Contractors and Subcontractors 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 Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (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. 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 2 1996 Edition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKER'S COMPENSATION AND EMPLOYERS I LIABILITY X Workers I Compensation ~ Employers' Liability Employers' Liability Employers I Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 $1,000,000/$1,000,000/$1 ,000,000 $1,000,000/$1,000,000/$1,000,000 WC1 WC2 WC3 WCUSLH WCJA INSCKLST 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 3 1996 Edition GENERAL LIABILITY As a minimum, the required general liability coverages will include: - Premises Operations - Blanket Contractual - Expanded Definition of Property Damage - Products and Completed Operations - Personal Injury Required Limits: GLl x $ 100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $ 300,000 Combined Single Limit GL2 $ 250,000 per Person; $500,000 per Occurrence $ 50,000 Property Damage or $ 500,000 Combined Single Limit $ 500,000 per Person; $1,000,000 per Occurrence $ 100,000 Property Damage or $1,000,000 Combined Single Limit GL3 GL4 $ 5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 4 1996 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned; Nonowned; and Hired Vehicles Required Limits: VLl X $ 50,000 per Person; $100,000 per Occurrence $ 25,000 Property Damage or $ 100,000 Combined Single Limit VL2 $ 100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $ 300,000 Combined Single Limit VL3 $ 500,000 per Person; $1,000,000 per Occurrence $ 100,000 Property Damage or $1,000,000 Combined Single Limit VL4 $ 5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BRl Builders' Risk MVC Motor Truck Cargo shipment. PROl X Professional PR02 Liability PR03 POLl X Pollution POL2 Liability POL3 ED1 Employee ED2 Dishonesty GK1 Garage GK2 Keepers GK3 Limits equal to the completed project. Limits equal to the maximum value of anyone $ 250,000 per Occurrence / $ 500,000 Agg. $ 500,000 per Occurrence / $ 1,000,000 Agg. $1,000,000 per Occurrence / $ 2,000,000 Agg. $ 500,000 per Occurrence / $ 1,000,000 Agg. $1,000,000 per Occurrence / $ 2,000,000 Agg. $5,000,000 per Occurrence / $10,000,000 Agg. $ 10,000 $ 100,000 $ 300,000 ($ 25,000 per Veh.) $ 500,000 ($100,000 per Veh.) $1,000,000 ($250,000 per Veh.) INSCKLST 11113/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 5 MED1 MED2 MED3 MED4 IF VLP1 VLP2 VLP3 BLL HKLl HKL2 HKL3 AIR1 AIR2 AIR3 AE01 AE02 AE03 E01 E02 E03 Medical Professional Installation Hazardous Cargo Transporter Bailee Liab. Hangarkeepers Liability Aircraft Liability Architects Errors & Omissions Engineers Errors & Omissions 1996 Edition $ 250,000/$ 750,000 Agg. $ 500,000/$ 1,000,000 Agg. $1,000,000/$ 3,000,000 Agg. $5,000,000/$10,000,000 Agg. Maximum Value of Equipment Installed Floater $ 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 5,000,000 $50,000,000 $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$l,OOO,OOO Agg. $ 1,000,000 per Occurrence/$3,000,000 Agg. $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$l ,000,000 Agg. $ 1,000,000 per Occurrence/$3,000,000 Agg. INSCKLST 11/13/2000 6 SUPPLEMENTARY INSURANCE DOCUMENTS 1996 Edition INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDER'S STATEMENT I understand the mandatory insurance requirements necessary for awarding this Contract and have complied in full. Bidder Signature INSCKLST 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 7 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $ 1,000,000 Bodily Injury by Accident $ 5,000,000 Bodily Injury by Disease, policy limits $ 1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire terms of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCl 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 8 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $ 300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $ 300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 9 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: - Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $ 1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $ 100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl 11/13/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 10 MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: · The County as being named as an Additional Insured-If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and · The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements, If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and routed to Risk Management for consideration and negotiation as soon as possible. The form will be returned, either approved or disapproved, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may fIle an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. 1 1/9/2000 SUPPLEMENTARY INSURANCE DOCUMENTS II MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: 11/9/2000 SUPPLEMENTARY INSURANCE DOCUMENTS 12 II c... . __ _ -....~ =~ Corporation Environmental Quality Laboratory . . October 4,2000 Purchasing Office 5100 College Road Public Service Building Cross Wing #002 Stock Island Key West, Florida 33040 GROUND WATER AND SURFACE WATER SAMPLING AND ANALYSIS At the Key Largo, Long Key and Cudjoe Key Landfills Key Lamo 3 Monitoring wells. Inorganic analysis per quarter. 1 Surface water. Inorganic analysis per quarter. Sampling and Reports for wells and surface water Lone: Key j (II 1<.3 == TOTAL: $333.00 $69.00 1".) /II $200.00 - $692.66 $71 ~.oo 3 Monitoring wells. Inorganic analysis per quarter. .. 103 )( ~ -= 3 Monitoring wells. PCB's and Pesticides (EP A 608) semi-annually 1 Surface water. Inorganic analysis per quarter. Sampling and Reports for wells and surface water. TOTAL: $309.00 $360.00 $69.00 .f S (03 $200.00 with PCB'S & PEST. S938.99-" ~D'tl ,OD without PCB'S & PEST. S578.9&- $ 'B I- 00 Cudioe Key 5 Monitoring wells. Inorganic analysis per quarter. 1 Surface water. Inorganic analysis per quarter. Sampling and Reports for wells and surface water. Jll- 71.3 (; 8' ~ 2{ 2>~ Q2-.. - 713 . 1,0+1 q ~t1 2/~q.3 Q+ 7'~ 10+/ , lJ..>lj_ 2/~q~ <\'3 713 "81 q 3,CJ 2,3:;3 .$ IO~)(.,3 = TOTAL: YfAfl.. tf'o-rAL ~ $(D, 051- $515.00 $69.00 r j 10'5" $250.00 $8J4.60- ~ , 2>'].11\) Laboratory Testi'1g & Environmental Services DOH CERTIFICATION #E85086 1009 TAMIAMI TRAIL, PORT CHARLOTTE, FLORIDA 33953 . PH 941-625-3137. TOLL FREE 1-877-452-2712 FX 941-629-7467 · EMAIL: eqlab@ascicorp.com . WEBSITE: www.ascicorp.com A c... . - - -.....~ =Q'J CorporatIon Environmental Quality Laboratory ASCI\Environmental Quality Lab will perform the following analysis on monitoring wells and surface water samples: Total Dissolved Solids Total Suspended Solids Total Organic Carbon Total Nitrogen Total Phosphorus Total Kjeldahl Nitrogen Nitrite Nitrate Zinc Lead Mercury Chromium Cadmium Nickel Ammonia (Key Largo monitoring well only) The Long Key Landfill monitoring wells require PCB's and Pesticide (EP A 608) analysis semi-annually. The surface water samples require additional analysis for the following parameters: Chemical Oxygen Demand Chloride Aluminum Iron Ammonia Sulfate Arsenic Fecal Coliform Thank you for the opportunity to submit a bid on this proposal. Please feel free to contact me with any questions or concerns. Jeff Walsh Marketing Manager Laboratory Testing & Environmental Services DOH CERTIFICATION #E85086 1009 TAMIAMI TRAIL, PORT CHARLOTTE, FLORIDA 33953 . PH 941-625-3137. TOLL FREE 1-877-452-2712 FX 941-629-7467 · EMAIL: eqlab@ascicorp,com · WEBSITE: www.ascicorp.com SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE AScI Corporation warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990, For breach or violation of this provision the County may, in its discretion, terminate this contract without iiaoiiity and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former Cou ty officer or employee. ( (signature) Date: [-d (0 ( (;V STATE OF Fl or; ni'! COUNTY OF eRa rIot- t- p PERSONALL Y APPEARED BEFORE ill, the undersigned authority, Ken Kondell who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this 10th day of ,bel..2Qf) 0 .7i1wtV My commission expires: OFFICIAL NOfARYSEAL SANDRA SHAFFER WEAVER NOI'ARY PUBUC STATE OF FLORIDA COMMISSION NO. CC5939S6 MY COMMISSION EXP. NOV. 1 OMB - MCP FORM #4 NON-COLLUSION AFFIDAVIT I, K',Hl KORggI of the city of Port Ch~rlQtto according to law on my oath, and under penalty of perjury, depose and say that; 1) I am A~("'T f'nrpnr;::!t- ; nn Proposal for the project described as follows: . the bidder making the ~rnllnr'l W::> t lillt' and S'lrf~Qo l~:i tor ~3IRpHn~ aRe Analys i s 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or ,indirectly, to any other bidder or to any competitor, and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in SthT:TEaffiodaFvit In awarding co~r s:'d5jecJl ) #'\ Flori da ~ _ (Signature of Bidder) IO/lc/w COUNTY OF Cha r 1 of: t:P DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, R'an KondQl who, after first being sworn by me, (name of individual signing) affixed hislher signature in the space provided above on this 10th 18 2000 . My commission expires: OMS - MCP FORM #1 SANDRA SHAFFER WEAVER NOfARY PUBLIC STATE OF FLORIDA COMMlSSION NO. CC593956 MY COMMISSION EXP. NOV. 1 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: AScI Corporation (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program ifsuch is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this f1I1l1 complies fully with the above requirements. ( ~B~ jJ / ClIO/Ov Date SPECIFICATION FOR GROUND WATER AND SURFACE WATER SAMPLING AND ANALYSIS AT THE KEY LARGO, LONG KEY AND CUDJOE KEY LANDFILLS GENERAL As part of the permits and consent orders for the Monroe County Landfills, the ROOda Department of Environmental Protection (DEP) requires ground water and surface water at each of the landfills to be sampled and analyzed for the required monitoring parameters. The monitoring parameters performed on samples from the County's landfills consist of the following~ Monitoring parameters required by DEP, Monitoring parameters to asses the impact of sludge and septage disposal at the landfill on the surrounding environment, Monitoring parameters requested by other governmental agencies as part of the closure permitting process. These sampling events occur on a quarterly basis with the report of the analyses submitted to DEP and other agencies within sixty (60) days of the sampling event. Bids ahall be submitted in a format that shows the contractor's prices for sampling, analysis, and reports for each of the County's Landfills per quarter. The first sampling event will be due during the month of February, 2001. SAMPLING The contractor shall sample at the County Landfills' eleven (11) ground water monitoring wells (five (5) at Cudjoe Key, three (3) at Long Key, and three (3) at Key Largo), and three (3) surface water monitoring locations, one at each landfill. The following field parameters will be tested during the sampling event Static water level in wells before purging Specific conductivity p,,", Temperature Color and Sheens (by observation) ANALYSIS The contractor shall perform a laboratory analysis of the samples for the following parameters: Total Dissolve Solids Total Organic Carbon Total Phosphorous Nitrite Zinc Mercury Cadmium Total Suspended Solids Total Nitrogen Total Kjeldahl Nitrogen Nitrate Lead Chromium Nickel The Key Largo Landfill ground water monitoring well samples require an additional analysis for Ammonia. The Long Key Landfill ground water monitoring well samples require an additional semi-annual analysis for PCBs and Pesticides. The surface water samples require additional analysis for the following parameters: Chemical Oxygen Demand Chloride Aluminum Iron Ammonia Sulfate Arsenic Fecal Coliform REPORTS The contractor shall summarize the results from the analyses in a report from. The report shall include graphs that show the concentrations of specific parameters of each sample over time. The report shall also include the analytical results listed on the required DEP report forms. The contractor shall submit the specified number of copies to the County and the following agencies. Monroe County DEP, Ft. Myers Office DEP, Marathon Office US Fish and Wildlife DEP, Key Largo Office 1 original 2 copies 1 copy 1 copy (Key Largo only) 1 copy (Long Key only) 2