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
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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)
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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.
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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