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01/20/1994 AgreementSECTION 00040 FORM OF AGREEMENT This agreement is set forth as of the 20th day of January in the year 1994 , between THE OWNER, WHO IS THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY FLORIDA AND THE FOLLOWING CONTRACTOR: NAME: Davis Water Analysis, Inc. ADDRESS: 5601 Third Avenue Stock Island � Key West, F1. 33040 PHONE: (305) 296-3826rn for the purpose of performing all of the work regiired�by the Contract Documents for the following Project: w ;P. OPERATION AND MAINTENANCE OF THE MONROE CWNTY a STOCK ISLAND DETENTION CENTER WASTEWATER TREATMENT FACILITY 5501 COLLEGE ROAD KEY WEST, FL. 33040 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, who are hereafter referred to as the OWNER and who assumes all duties and responsi- bilities and has the rights and authority assigned to the OWNER in the Bid Documents in connection with completion of the Work in accordance with the Contract Documents. THE OWNER AND THE CONTRACTOR AGREE AS SET FORTH AS FOLLOWS: ARTICLE 1 - THE CONTRACT DOCUMENTS a) The Contract Documents consist of this Agreement, Addendum No. 1, the Request for Bids, the Form of Agreement the Sworn Statement on Public Entity Crimes, the Non -Collusion Affida- vit, the Insurance Documents, the Sworn Statement under Mon- roe County Ordinance # 10-1990, the Drug -Free Work Place Form, FDEP Permit, and the Scope of Work and Specifications. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. b) In cases of conflict within the described Contract Documents in Article 1 of this Form of Agreement, the order of prece- dence shall be as follows: 1. This Agreement 2. Bidding Documents with all/any addenda 3. Instructions to Bidders 4. Requests for Bids 5. Florida Department of Environmental Protection Permit DC44-198970 ARTICLE 2 - THE WORK The CONTRACTOR shall perform all the Work required by the Con- tract Documents for the following scope of work and specifica- tions: The scope of Work shall include, but not be limited to, the complete maintenance and operation of the MONROE COUNTY STOCK ISLAND DETENTION CENTER WASTEWATER TREATMENT FACILITY as outlined in the Request for Bids and the FDEP Permit. ARTICLE 3 - 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. ARTICLE 4 - ASSIGNMENT a) The CONTRACTOR shall not assign this agreement, except in writing and with the prior written approval of the OWNER and CONTRACTOR, which approval shall be subject to such condi- tions and provisions as the OWNER and CONTRACTOR deem neces- sary. 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 OWNER in addition to the total agreed -upon price of the services/goods of the CONTRAC- TOR. b) CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER) whether initially or as a substitute, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other per- son or organization to furnish to perform any of the Work against whom CONTRACTOR has reasonable objection. 2 ARTICLE 5 - COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the CONTRACTOR shall abide by all statutes, 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 OWNER to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. ARTICLE 6 - LABOR, MATERIALS AND EQUIPMENT: a) CONTRACTOR shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good disci- pline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicat- ed in the Contract Documents. b) All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the OWNER, CONTRACTOR shall furnish satisfacto- ry evidence (including reports of required tests) as to the kind and quality of materials and equipment. Original invoic- es will be submitted to the OWNER for reimbursement. All materials and equipment shall be applied, installed, connect- ed, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as other- wise provided in the Contract Documents. c) The OWNER is tax exempt and reserves the right to purchase directly various materials and equipment that may be a part of the CONTRACT. If the OWNER elects to make a particular purchase, the Director of Facilities Maintenance, Public Works Division, will act as a purchasing agent for the OWN- ER. The OWNER will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Director of Facilities Maintenance, Public Works Division in the preparation of these Purchase Contracts. d) Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the OWNER. 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 3 of the OWNER. The CONTRACTOR acknowledges that it is responsi- ble for complying with the provisions of the Immigration Reform and Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to comply with the above provisions of this contract shall be considered a material breach and shall be grounds for immedi- ate termination of the contract. e) The OWNER designates the Director of Facilities Maintenance, Public Works Division, to function as Contract Manager, who shall be responsible for enforcing performance of the Con- tract terms and conditions, serve as liason with the contrac- tor, and approve all invoices prior to payment. ARTICLE 7 - SAFETY AND PROTECTION a) CONTRACTOR shall be responsible for initiating, maintain ing and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all neces- sary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 7.1. all employees on the Work and other persons and organizations who may be affected thereby; 7.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 7.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. b) CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. c) Since the facility's tanks, electrical lines, water and waste lines are installed partially or totally underground, the CONTRACTOR shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property, direct- ly or indirectly, in whole or in part, by CONTRACTOR, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the acts or omissions of OWNER or 4 anyone employed by OWNER whose acts may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). d) CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless other- wise designated in writing by CONTRACTOR to OWNER. ARTICLE 8 - EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER, is obli- gated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give OWNER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. ARTICLE 9 - SUSPENSION OF WORK AND TERMINATION a) OWNER may terminate upon the occurrence of any one or more of the following events: 9.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a peti- tion or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 9.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in ef- fect at the time relating to bankruptcy or insolvency; 9.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 9.4. if a trustee, receiver, custodian, or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforc- ing a lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 9 9.5. if CONTRACTOR admits in writing an inability to pay its debts generally as the become due; 9.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (includ- ing, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment); 9.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 9.8. if CONTRACTOR disregards the authority of OWNER; or 9.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. b) OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulation, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take posses- sion of the Work and of all CONTRACTOR's tools, appliance, and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored else- where, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges fo engineers, architects, attorneys and other professionals and court costs) such ex- cess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. c) Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR the existing or which may thereaf- ter accrue. Any retention or payment of moneys due CONTRAC- TOR by OWNER will not release CONTRACTOR from liability. d) Upon seven days' written notice to CONTRACTOR, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agree- ment. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termina- tion expenses, which will include, but not be limited to direct, indirect, and consequential costs (including, but not limited to, fees and charges of engineers, architects, attor- neys, and other professionals and court and arbitration costs). e) Contractor may stop work or terminate: 0 If, through no act or fault of CONTRACTOR, the Work is sus- pended for a period of more than ninety days by OWNER or under an order of court or other public authority, or OWNER fails to act on any Application for Payment within a reason- able time after it is submitted, or OWNER fails to pay CON- TRACTOR any sum finally determined to be due within a reason- able time, then CONTRACTOR may, upon ninety days' written notice to OWNER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if OWNER has failed to act on an Application for Payment or has failed to make any pay- ment as aforesaid, CONTRACTOR may upon ninety days' written notice to OWNER stop the Work until payment of all amounts then due. ARTICLE 10 - DISPUTE RESOLUTION All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Docu- ments or the breach thereof (except for claims which have been waived by the making or acceptance of final payment) will be decided by a Court of Law in the County of Monroe in the State of Florida. All procedures shall be subject to all the standard practices of civil proceedings of the State of Florida. The CONTRACTOR shall carry on the Work in accordance with the con- tract documents and without delay during disputes and disagree- ments with the OWNER. ARTICLE 11 - TERM OF CONTRACT This CONTRACT shall be for a twelve (12) month period beginning on January 20, 1994 and end on January 19, 1995. This CON- TRACT term shall be renewable in accordance with Article 12. ARTICLE 12 - RENEWAL 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 herein may be adjusted annu- ally in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. 7 ARTICLE 13 - FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Detention Facilities Contractual Services are partially reduced or cannot be obtained or cannot be continued at a 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 OWNER by written notice of termination delivered in person or by mail to the CONTRACTOR. The OWNER shall not be obligated to pay for any services provided or any equipment purchased by the CON- TRACTOR after the CONTRACTOR has received written notice of termination. ARTICLE 14 - PROFESSIONAL RESPONSIBILITY 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 inde- pendent, professional judgement and shall assume professional responsibility for the services to be provided. Continued fund- ing by the OWNER is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of CONTRACTOR. ARTICLE 15 - NOTICE REQUIREMENT Any notice required or permitted under writing and hand delivered or mailed, other party by certified mail, returned following: FOR OWNER: Monroe County Public Works Facilities Maintenance Dept. 5100 College Road, Room 502 Key West, Florida 33040 Attn: Director of Facilities Maint. ARTICLE 16 - PAYMENT this agreement shall be in postage prepaid, to the receipt requested, to the FOR CONTRACTOR: DAVIS WATER ANALYSIS, INC. 5601 Third Ave. Stock Island Key West, Florida 33040 The OWNER shall pay to the CONTRACTOR for the performance of said service on a per month in arrears basis on or before the 15th 3 day of the following month in each of twelve (12) months. The CONTRACTOR shall invoice the OWNER monthly for Wastewater Treat- ment Facility operation and maintenance performed under the Con- tract Documents contained herein. The Contract amount shall be as stated by the CONTRACTORS proposal as follows: $159,372.40 per year, to be paid $13,281.03 per month. ARTICLE 17 - GENERAL a) The duties and obligations imposed by these General Condi- tions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR and all of the rights and remedies available to OWNER thereunder, are in addition to , and are not to be construed in any way as a limitation of, any rights and remedies avail- able to either or both of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connec- tion with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and quarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. b) No provision of this agreement or the duty or obligation to perform any act required by this Agreement shall be deemed waived by the waiver of any particular act or occurrence of breach. c) This writing constitutes the entire expression of the parties agreement and may not be contradicted, modified, explained or supplemented by any prior written agreement or oral agreement or any other prior written or oral communication. V1 In witness whereof, the parties hereto have executed this agree- ment the day and year first above written, Attest: DANNY L. KOLHAGE, Clerk Attest: WITNESS WIVNESS Corporate seal if corporation: COUNTY OF MONROE, STATE OF FLORIDA By Mayor/Chairman DAVIS WATER ANALYSIS, INC. By 04Ze,�. Contractor Rep. APPROVrD AS �r f?ate 10 ��I��`e r?r �,111�1r/1 !fI!►1r(()hctr,yY� rr al DATE(Mlr69P/YY) " PROOUCER I ::I'(' : OF INFORMATION Southernmost Insurance Agency g 9 CERTIFICATE OA f;OT F'.'.i�L4D, EXTENDD OR 1104 Truman Avenue ._ . ,.... , E1Y-fl-I!r POLICIES DFLOVi. P.O. Box 323 _, CC....:1,^ NJES AFFORD114G COVERAGE Key West, F1 33041 col.tf'nr;Y INSURED D�,pvis Water Analysis, rnc. -- . _ _ . rr,. ,:a Insurance co. P.O. Box 2584 C Key west, F1 33045-2584 CON,PP.`:Y U • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE DEEhJ I 'RL NaM1=0 AEOVE FOR THE POLIGY REaIQD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIppI QP ANY CG, : ; , , , 1'IER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN, THE IN$URANCE ARFORDED BY 71'::: ; '.:. ,:.."D HEREIN IS $UBJECT TO ALL TH€ TERM$, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES: LIMITS SHOWN MAY HAV[ GEEt: CO TYPE OF INSURANCE POLICY NUMSER ( TR POLICY EFFECTIVE i'UUCY LXPIRATION upRs DATE (MM/DDIYY) DATE (ML'JO D!Y Y) GENERAL LIABILITY GENF)iAL AQGREgAT1 ; 1000 000. PROQUCTS•QOMP/PP A9Q 6 I. X COMMERCIAL QVJFRAL LIABILITY CLAIMS MADE ❑X OCcuR 1CP30005858302 12128193 1212819G PERSONAL4ADVIWURY EACH OQCLIRREN,C� ... , . _. i OWNER'S 8 CQNT PROT FIRE�y one fire) j WED EXP (Any ono portoo) _ AUTOYQ8tLE UAEtUj Y i CQMI:INFo SINGLE LIMIT ;1 B. OO . . ,�,..7F; ANY AUTO � ., �:. •:.t . ALL OWNEPAVTOS ' ICP30005858302 12128193 BODILY INJURY A X SCHEDULED AUTOS Fjl'or poreaq) r BODILY INJU)Y X HIFIF,P AVTO$ NON9WNED AVTOS (Pot nc4.4unt) Pf191*0TY DAMAGE y QWQE UASIM AUTO oN)-Y r EA ACCIAbNT 11; 1, OTHER THAN AUTO ONLY; — ANY AUTO\ AjQaRQ-AT9 1 EXCESS LIABILITY -- EAOH OQP48FI5NCE AGGRAQtTg 4 VMBAEjA FORM — OTHER THAN UMdRl:L41 FOAM WORKM COMPENSATION AND k 6TA7UT4r3Y J Il+I)TS ' D LOYERS' UAJ3UTY EACH ACCIDENT B TQAt INGL WC-0730230 10121193 10121j04 PISEASE•PpLICY11MIT• #;`SOO'�OO PARTNERSEXEe' DISEASE, FJ1,CH EMPLOYEE i 5O0 r OO OFFICERS ARE: X EXCL DE&CWTION OF OPERA 0 C L"PECIAL rf"S Monroe County, Regional Service Center SHOULD ANY OF THE A90VF OESCRIBP PPLIJ ES .pp N,. S �y 'A. Bldg. Dept., Suite 300 x . FXPIRATION DATR T)IFAEOF, 1?t4 P f3SVJN0.00 ANY "Ma,; 2798'.Oversea S 1f ghwdy DAYS WRITTIZ11 NQncE TO THE CEfMfVATG HP1 Itaratfion, F1'","33050-2227 eUr faLURE TO MAIL su;H Nonce 13HALL MlI'000E r}a psl�c}T� r� OF ANY ND UPON THE k1 ANY, R.9 AOQR AUT)iQRgE EPRCOENTATIVR ;- �ti\1l�+i�f t•. `�! BY-LAWS OF DAVIS WATER ANALYSIS, INC. ARTICLE I - OFFICES The principal office of the corporation shall be established and maintained at -351" Beek 5601 3rd Ave., Unit #1 in the City of xayxWeEjKt County of Monroe State of Florida. The corporation may also have offices at such places within or without the State of Florida as the board may from time to time establish. ARTICLE II - SHAREHOLDERS 1. PLACE OF MEETINGS Meetings of shareholders shall be held at the principal office of the corporation or at such place within or without the State of Florida as the board shall authorize. 2. ANNUAL MEETING The annual meeting of shareholders shall be held on the day of IV )V,-M be R S r" at 17:06 Pm. in each year; however, if such dayytalls on a Sunday or a legal holiday, then on the next business day following at the same time, the shareholders shall elect a board of directors and transact such other business as may properly come before the meeting. 3. SPECIAL MEETINGS Special meetings of the shareholders may be called by the board or by the holders of not less than one -tenth of all the shares entitled to vote at the meeting. A meeting requested by shareholders shall be called for a date not less than ten nor more than sixty days after the request is made. The secretary shall issue the call for the meeting unless the president, the board or the shareholders shall designate another to make said call. FL A 4. NOTICE OF MEETINGS Written notice of each meeting of shareholders shall state the place, day and hour of the meeting and in the case of a special meeting the purpose or purposes for which the meeting is called. Notice shall be delivered personally or by first class mail to each shareholder of record having the right and entitled to vote at such meeting at his last address as it appears on the records of the corporation, not less than ten nor more than sixty days before the date set for such meeting. Such notice shall be sufficient for the meeting and any adjournment thereof. If any shareholder shall transfer his stock after notice, it shall not be necessary to notify the transferee. Any shareholder may waive notice of any meeting either before, during or after the meeting. 5. CLOSING OF TRANSFER BOOKS AND FIXING RECORD DATE For the purpose of determining shareholders entitled to notice of or to vote at any meeting of shareholders or any adjournment thereof, or entitled to receive payment of any dividend, or in order to make a determination of shareholders for any other purpose, the board may provide that the stock transfer b,;oks shall be closed for a stated period but not to exceed, i,: any case, sixty (60) days. If the stock transfer books shall be closed for the purpose of determining shareholders entitled to notice of or to vote at a meeting of shareholders such books shall be closed for at least ten (10) days immediately preceding such meeting. In lieu of closing the stock transfer books, the board may fix in advance a date as the record date for an%, such determination of shareholders, such date in any case to be not more than sixty (60) days and, in case of a meeting of shareholders, not less than ten (10) days prior to the date on which the particular action, requiring such determination of shareholders, is to be taken. If the stock transfer books are not closed and no record date is fixed for the determination of shareholders entitled to notice or to vote at a meeting of shareholders, or shareholders entitled to receive payment of a dividend, the date on which notice of the meeting is mailed or the date on which the resolution of the board of directors declaring such dividend is adopted, as the case may be, shall be the record date for such determination of shareholders. 6. VOTING Every shareholder shall be entitled at each meeting and upon each proposal presented at each meeting to one vote for each share recorded in the shareholder's name on the books of the corporation on the record date. The books of records of shareholders shall be produced at the meeting upon the request of any shareholder. Upon the demand of any shareholder, the vote for directors and the vote upon any question before the meeting, shall be by ballot. The affirmative vote of a majority of the shares represented at the meeting shall be the act of the shareholders. FL B 7. QUORUM The presence, in person or by proxy, of shareholders holding a majority of the shares of the corporation entitled to vote shall constitute a quorum at all meetings of the shareholders. In no event shall a quorum consist of less than one-third of the shares entitled to vote at the meeting. In case a quorum shall not be present at any meeting, a majority of the shareholders entitled to vote thereat, present in person or by proxy, shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until the requisite amount of shares entitled to vote shall be present. At any such adjourned meeting at which the requisite amount of shares entitled to vote shall be represented, any business may be transacted which might have been transacted at the meeting as originally noticed; but only those entitled to vote at the meeting as originally noticed shall be entitled to vote at any adjournment or adjournments thereof. 8. PROXIES At any shareholders meeting or any adjournment thereof, any shareholder of record having the right and entitled to vote there- at may be represented and vote by proxy appointed in a written instrument. No such proxy shall be voted after eleven months from the date thereof unless otherwise provided in the proxy. In the event a proxy provides for two or more persons to act as proxies, a majority of such persons present at the meeting, or if only one be present, that one, shall have all the powers conferred by the instrument upon all the persons so designated unless the proxy shall provide otherwise. ARTICLE III - DIRECTORS 1. BOARD OF DIRECTORS The business of the corporation shall be managed and its corporate powers exercised by a board of directors. It shall not be necessary for directors to be residents of the State of Florida or shareholders. 2. ELECTION AND TERM OF DIRECTORS Directors shall be elected at the annual meeting of shareholders and each director elected shall hold office until the director's successor has been elected and qualified, or until prior resignation or removal. 3. VACANCIES Any vacancy occurring in the board including any vacancy created by reason of an increase in the number of directors, may be filled by the affirmative vote of a majority of the remaining FL C directors though less than a quorum of the board. A director elected to fill a vacancy shall hold office only until the next election of directors by the shareholders. 4. REMOVAL OF DIRECTORS Any or all of the directors may be removed with or without cause by vote of a majority of all the shares outstanding and entitled to vote at a special meeting of shareholders called for that purpose. 5. RESIGNATION A director may resign at any time by giving written notice to the board, the president or the secretary of the corporation. Unless otherwise specified in the notice, the resignation shall take effect upon receipt thereof by the board or such officer, and the acceptance of the resignation shall not be necessary to make it effective. 6. QUORUM OF DIRECTORS A majority of the directors shall constitute a quorum for the transaction of business. If at any meeting of the board there shall be less than a quorum present, a majority of those present may adjourn the meeting from time to time until a quorum is obtained, and no further notice thereof need be given other than by announce- ment at the meeting which shall be so adjourned. 7. PLACE AND TIME OF BOARD MEETINGS The board may hold its meetings at the office of the corporation or at such other places, either within or without the State of Florida as it may from time to time determine. Participation in a meeting by communication methods whereby all persons can hear each other at the same time shall constitute presence in person at a meeting. 8. REGULAR ANNUAL MEETING A regular annual meeting of the board shall be held immed- iately following the annual meeting of shareholders at the place of such annual meeting of shareholders. 9. NOTICE OF MEETINGS OF THE BOARD Regular meetings of the board may be held without notice at such time and place as it shall from time to time determine. Special meetings of the board shall be held upon notice to the directors and may be called by the president upon three days notice to each director either personally or by mail or by wire; special meetings shall be called by the president or by the secretary in a like manner on written request of two directors. Notice of a FL D meeting need not be given to any director who submits a waiver of notice whether before or after the meeting or who attends the meeting without protesting prior thereto or at its commencement, the lack of notice to him. 10. EXECUTIVE AND OTHER COMMITTEES The board, by resolution, may designate from among its members two or more of their number to one or more committees, which, to the extent provided in said resolution or these By -Laws may exer- cise the powers of the board in the management of the business of the corporation. 11. COMPENSATION The board shall have the authority to fix the compensation of directors. ARTICLE IV - OFFICERS 1. OFFICERS, ELECTION AND TERM a) The board may elect or appoint a president, a vice-president, a secretary and a treasurer, and such other officers as it may determine, who shall have such duties and powers as hereinafter provided. b) In the event of the death, resignation or removal of an officer, the board in its discretion may elect or appoint a successor to fill the unexpired term. c) Any two or more offices may be held by the same person. d) The salaries of all officers shall be fixed by the board. e) The directors may require any officer to give security for the faithful performance of his duties. 3. PRESIDENT The president shall be the chief executive officer of the corporation and shall have the general powers and duties of super- vision and management usually vested in the office of president of a corporation. He shall preside at all meetings of the shareholders if present thereat and shall have general supervision, direction and control of the business of the corporation. Except as the board shall authorize the execution thereof in some other manner, he shall execute bonds, mortgages and other contracts in behalf of the corporation, and shall cause the seal to be affixed to any instrument requiring it and when so affixed, the seal shall be FL E attested by the signature of the secretary or the treasurer or an assistant secretary or an assistant treasurer. 4. VICE-PRESIDENT During the absence or disability of the president, the vice- president, if one be elected, or if there are more than one, the executive vice-president, shall have all the powers and functions of the president. Each vice-president shall perform such other duties as the board shall prescribe. 5. SECRETARY The secretary shall attend all meetings of the board and of the shareholders, record all votes and minutes of all pro- ceedings in a book to be kept for that purpose, give or cause to be given notice of all meetings of shareholders and of special meetings of the board, keep in safe custody the seal of the corporation and affix it to any instrument when authorized by the board, when required prepare or cause to be prepared and available at each meeting of shareholders a certified list in alphabetical order of the names of shareholders entitled to vote thereat, indicating the number of shares of each respective class held by each, keep all the documents and records of the corp- oration as required by law or otherwise in a proper and safe manner, and perform such other duties as may be prescribed by the board, or assigned to him by the president. 6. ASSISTANT -SECRETARIES During the absence or disability of the secretary, the assistant -secretary, or if there are more than one, the one so designated by the secretary or by the board, shall have the powers and functions of the secretary. 7. TREASURER The treasurer shall have the custody of the corporate funds and securities, keep full and accurate accounts of receipts and disbursements in the corporate books, deposit all money and other valuables in the name and to the credit of the corporation in such depositories as may be designated by the board, disburse the funds of the corporation as may be ordered or authorized by the board and preserve proper vouchers for such disbursements, render to the president and board at the regular meetings of the board, or whenever they require it, an account of all transactions as treasurer and of the financial condition of the corporation, render a full financial report at the annual meeting of the shareholders if so requested, be furnished by all corporate officers and agents on request with such reports and statements as required as to all financial transactions of the corporation, and perform such other duties as are given by these By -Laws or as from time to time are assigned by the board or the president. FL F 8. ASSISTANT -TREASURER During the absence or disability of the treasurer, the assis- tant -treasurer, or if there are more than one, the one so designated by the secretary or by the board, shall have all the powers and functions of the treasurer. 9. SURETIES AND BONDS In case the board shall so require, any officer or agent of the corporation shall execute to the corporation a bond in such sum and with such surety or sureties as the board may direct, conditioned upon the faithful performance of their duties to the corporation and including responsibility for negligence and for the accounting for all property, funds or securities of the corporation which may come into their hands. ARTICLE V - CERTIFICATES FOR SHARES 1. CERTIFICATES The shares of the corporation shall be represented by certifi- cates. They shall be numbered and entered in the books of the corp- oration as they are issued. They shall exhibit the holder's name and the number of shares and shall be signed by the president or a vice-president and the secretary or an assistant secretary and shall bear the corporate seal. When such certificates are signed by a transfer agent or an assistant transfer agent or by a transfer clerk acting on behalf of the corporation and a registrar, the signatures of such officers may be facsimiles. 2. LOST OR DESTROYED CERTIFICATES The board may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the corporation, alleged to have been lost or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate to be lost or destroyed. When authorizing such issue of a new certificate or certificates, the board may, in its discretion and as a condition precedent to the issuance thereof, require the owner of such lost or destroyed certificate or cer- tificates, or the owner's legal representative, to advertise the same in such manner as it shall require and/or give the corporation a bond in such sum and with such surety or sureties as it may direct as indemnity against any claim that may be made against the corporation with respect to the certificate alleged to have been lost or destroyed. 3. TRANSFERS OF SHARES Upon surrender to the corporation or the transfer agent of the corporation of a certificate for shares duly endorsed or FL G accompanied by proper evidence of succession, assignment or authority to transfer, it shall be the duty of the corporation to issue a new certificate to the person entitled thereto, and cancel the old certificate; every such transfer shall be entered on the transfer book of the corporation which shall be kept at its principal office. Whenever a transfer shall be made for collateral security, and not absolutely, it shall be so expressed on the entry of the transfer. No transfer shall be made within ten days next preceding the annual meeting of shareholders. ARTICLE VI - DIVIDENDS The board may out of funds legally available therefor at any regular or special meeting, declare dividends upon the shares of the corporation in cash, property or its own shares as and when it deems expedient. Before declaring any dividend there may be set apart out of any funds of the corporation available for divi- dends, such sum or sums as the board from time to time in their discretion deem proper for working capital or as a reserve fund to meet contingencies or for equalizing dividends or for such other purposes as the board shall deem conducive to the interests of the corporation. ARTICLE VII - CORPORATE SEAL The seal of the corporation shall be circular in form and bear the name of the corporation, the year of its organization and the words "CORPORATE SEAL, FLORIDA." The seal may be used by causing it to be impressed directly on the instrument or writing to be sealed, or upon adhesive substance affixed thereto. The seal on the certificates for shares or on any corporate obligation for the payment of money may be facsimile, engraved or printed. ARTICLE VIII - EXECUTION OF INSTRUMENTS All corporate instruments and documents shall be signed or counter- signed, executed, verified or acknowledged by such officer or officers or other person or persons as the board may from time to time designate. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation shall be signed by such officer or officers, agent or agents of the corporation, and in such manner as shall be determined from time to time by resolution of the board. ARTICLE IX - FISCAL YEAR The fiscal year shall begin the first day of in each year. FL H ARTICLE X - NOTICE AND WAIVER OF NOTICE Whenever any notice is required by these By -Laws to be given, personal notice is not meant unless expressly so stated, and any notice so required shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed post-paid wrapper, addressed to the person entitled thereto at his last known post office address, and such notice shall be deemed to have been given on the day of such mailing. Shareholders not entitled to vote shall not be entitled to receive notice of any meetings ex- cept as otherwise provided by Statute. Whenever any notice whatever is required to be given under the provisions of any law, or under the provisions of the Articles of Incorporation of the corporation or these By -Laws, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE XI - CONSTRUCTION Whenever a conflict arises between the language of these By - Laws and the Articles of Incorporation, the Articles of Incorporation shall govern. ARTICLE XII - INFORMAL MANAGEMENT 1. CONDUCT OF BUSINESS WITHOUT MEETINGS - UNANIMOUS CONSENT Any action of the shareholders, directors or committee may be taken without a meeting if consent in writing, setting forth the action so taken, shall be signed by all persons who would be entitled to vote on such action at a meeting and filed with the secretary of the corporation as part of the proceedings of the shareholders, directors or committees as the case may be. Such consent shall have the same effect as a unanimous vote. Any action of the shareholders may be taken without a meeting, with less than unanimous consent, as provided by law. 2. MANAGEMENT BY SHAREHOLDERS In the event the shareholders are named in the Articles of Incorporation and are empowered therein to manage the affairs of the corporation in lieu of directors, the shareholders of the corporation shall be deemed directors for the purposes of these By -Laws and whereever the word "directors", "board of directors" or "board" appear in these By -Laws those words shall be taken to mean share - FL I MONROE COUNTY CONTRACT DOCUMENTS OPERATION AND MAINTENANCE MONROE COUNTY DETENTION CENTER WASTE WATER TREATMENT FACILITY STOCK ISLAND MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS MAYOR, JACK LONDON, DISTRICT 2 MAYOR PRO-TEM, A EARL CHEAL, DISTRICT 4 WILHELMINA HARVEY, DISTRICT 1 SHIRLEY FREEMAN, DISTRICT 3 MARY KAY REICH, DISTRICT 5 COUNTY ADMINISTRATOR THOMAS W. BROWN CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE DIRECTOR OF PUBLIC WORKS DIVISION DENT PIERCE DIRECTOR OF FACILITIES MAINTENANCE JOHN KING PREPARED BY: DIVISION OF PUBLIC WORKS FACIUrERS MAINTENANCE DEPARTKENT wo SECTION 00001 TABLE OF CONTENTS I. BIDDING DOCUMENTS A. Section 00010 Notice of Calling for Bids B. Section 00020 Instructions to Bidders Art. Number Title Page 1 Definitions 1 2 Copies of Bidding Documents 1 3 Examination of Bidding 1-2 Documents and Site 4 Interpretation and Correction 2 of Bidding Documents 5 Bidding Procedure 2-3 6 Consideration of Bids 4-5 7 Bid Sheet 5-6 C. Section 00030 Requests for Bids Art. Number Title Page Addendum No. 1 i-ii 1 Bid Package 1 2 Scope of Work 1-5 3 Specifications 5 4 Contract Forms 5-6 5 Permits and Licenses 6 6 Insurance Documents 6-7 7 Operation & Maint. Manuals 7 8 Site Plans & Site Inspections 7-10 II. CONTRACT DOCUMENTS A. Section 00040 Form of Agreement Art. Number Title Page 1 Contract Documents 1 2 The Work 2 3 Assurance Against Discrimination 2 4 Assignment 2-3 5 Compliance with Law 3 6 Labor, Materials and Equipment 3-4 7 Safety and Protection 4-5 8 Emergencies 5 9 Suspension of Work & Termination 5-7 10 Dispute Resolution 7 11 Term of Contract 7 12 Renewal 8 13 Funding Availability 8 14 Professional Responsibility 8 15 Notice Requirement 8-9 16 Payment 9 17 General 9 III. PERMITS Florida Department of Environmental Regulation Permit/Certification No. DC44-198970 Florida Department of Environmental Regulation Modification Permit No. DC44-229673 IV. INSURANCE GUIDE TO CONTRACT ADMINISTRATION General Insurance Requiremnts for Suppliers of Goods or Services V. SWORN STATEMENTS Public Entity Crimes Non -Collusion Affidavit Drug -Free Workplace Form Ordinance No. 10-1990 Ethics Clause NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January 5, 1994, at 10:00 A.M., at the Office of the Director of Purchasing, a Committee consisting of the Director of Purchasing, the County Administrator, the County Attorney, and the requesting Department Head or Division Director, or their designees, will open sealed bids for: OPERATION AND MAINTENANCE OF THE MONROE COUNTY DENTENTION CENTER WASTEWATER TREATMENT FACILITY All bids must be received by the Office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing, Room 002, Key West, Florida 33040, on or before 10:00 A.M. on January 5, 1994. All bids, including the recommendation of the County Administrator and the requesting Department Head or Division Director, will be presented to the Board of County Commissioners for final awarding or otherwise. The Board will automatically reject the bid of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), F1a.Stat. (1989). Interested bidders shall submit two (2) signed originals and two (2) complete copies of each bid in a sealed envelope marked on the outside, "Sealed Bid for Wastewater Treatment Facility." All bids must remain valid for a period of ninety (90) days after the date set for the opening thereof. Specifications and/or further information may be obtained by contacting Jim Dore, Building Maintenance Manager, Monroe County Facilities Maintenance Department, 5100 College Road, Key West, Florida 33040 - 305-292-4530. The Board reserves the right to reject any or all bids, to waive irregularities and informalities in any or all bids, and to readvertise for bids. The Board also reserves the right to separately accept or reject any item or items of a bid and to award and/or negotiate a contract in the best interest of the County. DATED at Key West, Florida, this 1st day of December, 1993. R. M. COFER Director of Purchasing for Monroe County, Florida SECTION 00020 INSTRUCTIONS TO BIDDERS To be considered, Bids must be made in accordance with these instructions to Bidders. ARTICLE 1 - DEFINITIONS 1.1 Bidding Documents include the Notice of Calling for Bids, Instructions to Bidders, Request for Bids, Bid Sheet, and the proposed Contract Documents including any addenda issued prior to receipt of Bids. 1.2 A bid is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. 1.3 A Bidder is a person or entity who submits a Bid. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Notice of Calling for Bids. 2.2 Bidders shall use complete sets of Bidding Documents in preparing Bids. The OWNER, does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ARTICLE 3 - EXAMINATION OF BIDDING DOCUMENTS AND SITE 3.1 Before Submitting a Bid: 3.1.1 Each Bidder shall thoroughly examine all the Bidding Documents. 3.1.2 Each Bidder may visit the site to familiarize himself with local conditions that may in any manner affect the cost, progress, or performance of the Work. 3.2 Each Bidder shall study and carefully correlate his observations with the Contract Documents. 3.3 The sumission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of Article 3 and that the Bidding Documents are sufficient in scope and 1 detail to indicate and convey understanding of all terms and conditions for performance of the Work. ARTICLE 4 - INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS 4.1 Bidders shall promptly notify the Director of Facilities Maintenance of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding Documents or of the site and local conditions. 4.2 Bidders requiring clarification or interpretation of the Bidding Documents shall submit their questions in writing to the Director of Facilities Maintenance no later than ten calendar days prior to the date for receipt of Bids. Any interpretation, correction or change of the Bidding Documents will be accomplished by Addenda mailed or delivered to all parties recorded as having received plans. Copies of Addenda will also be made available for inspection wherever Bidding Documents are on file for that purpose. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. ARTICLE 5 - BIDDING PROCEDURE 5.1 ADDENDA 5.1.1 Each Bidder shall ascertain prior to submitting his bid that he has received all Addenda issued, and he shall acknowledge their receipt in his Bid. 5.1.2 No Addenda will be issued later than four Calendar days prior to the date for receipt of Bids except for an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. 5.2 SUBMISSION OF BIDS 5.2.1 Bids shall be submitted designated location not date for receipt of Bids of Calling for Bids, or made by Addendum. Bids and date for receipt of unopened. to Monroe County at the later than the time and indicated in the Notice any extension thereof received after the time Bids will be returned 5.2.2 The Bidder shall assume full responsibility for 2 timely delivery at the location designated for receipt of Bids. 5.2.3 Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration. 5.3 MODIFICATION AND WITHDRAWAL OF BIDS 5.3.1 A Bid may not be modified, withdrawn, or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, except as provided in Paragraph 5.4 Right to claim Error in Bid, and each Bidder so agrees in submitting his Bid. 5.3.2 Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn by notice to Monroe County Purchasing Department at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the bidder or by telegram. If by telegram, the written confirmation over the signature of the bidder shall be mailed and postmarked on or before the date and time set for receipt of Bids, and it shall be so worded as not to reveal the amount of the original Bid. 5.3.3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 5.3.4 No conditional, modified, or qualified bids will be accepted. Bidders are to comply with the Instructions to Bidders, and not make any changes thereto. 5.4 RIGHT TO CLAIM ERROR IN BID 5.4.1 Each Bidder's original work papers, documents, and materials used in preparation of the bid shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than 24 hours after the time and date for receipt of Bids, or an Addendum. Bidders who original work papers, used in the preparatio herein, waive all righ Bid. y extension thereof made by fail to submit their documents, and materials n of the bid, as provided is to claim error in the 3 ARTICLE 6 - CONSIDERATION OF BIDS 6.1 OPENING OF BIDS 6.1.1 The properly identified Bids received on time will be opened at the Monroe County Purchasing Department. 6.1.2 Any Bid not received by the Purchasing Department on or before the deadline for receipt of bids designated in the Notice of Calling for Proposals will be returned unopened. 6.2 AWARD OF CONTRACT 6.2.1 The OWNER reserves the right to reject any and all Bids or any part of a Bid, to waive the right to disregard all nonconforming, non -responsive or conditional Bids. 6.2.2 In evaluating Bids, the OWNER shall consider the qualifications of the bidders, whether or not the Bids comply with the prescribed requirements, and unit prices if requested in the Bid Forms. 6.2.3 The OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed subcontractors, and other persons or organizations to do the Work in accordance with the Contract Documents to the OWNER'S satisfaction within the prescribed time. The OWNER has the right to conduct Bid Clarification meetings with any bidder, to determine if bidder has bid the scope of work in its entirety. Bidder shall be required to attend bid clarification meetings, as necessary. 6.2.4 The OWNER reserves the right to reject the Bid of may Bidder who does not pass any such evaluation to their satisfaction. 6.2.5 If the Contract is awarded, it will be awarded to the Bidder whose evaluation by the OWNER shows him to be responsible and has indicated to the OWNER that the award will be in the best interests of the OWNER. 6.2.6 If the Contract is to be awarded, the Director of Facilities Maintenance will issue the Notice of Award to the successful Bidder within thirty days after the date of receipt of bids. The OWNER n reserves the right to return all Bids and not make any awards. 6.2.7 The Notice of Award to the successful bidder will be accompanied by two (2) signed originals and two (2) copies of the Contract Agreement and all other Contract Documents. The Contractor shall sign and deliver all four (4) copies of the Contract Agreement to the Public Works Facilities Maintenance Department, with all other contract Documents attached within fourteen (14) days after receipt of Notice of Award. The Public Works Facilities Maintenance Department will return one fully executed copy of the Contract Agreement to the contractor with all other Contract Documents attached within three (3) weeks thereafter. 6.2.8 In the event that the contractor does not comply with ITEM 6.2.7 as stated above, the OWNER may cancel the Award of Contract and select the next responsive bidder or reject all bid proposals. ARTICLE 7 - BID SHEET 7.1 Fill in all blank spaces on the bid sheet, P.6 and sign name and title as noted. BID SHEET WASTE WATER TREATMENT FACILITY M.C. DETENTION FACILITY, STOCK ISLAND, KEY WEST LUMP SUM MONTHLY CHARGE Thirteen thousand two hundred eighty one and ($ Amount in writing) 03 /100 $13 . 2 81 . 0 3 Per Month. ($ Amount in numbers) HOUR RATE FOR EXTRA LABOR $ 4 0 .0 0 Per Hour MARK UP ON PARTS & LABOR 35 % BIDDER Davis Water Analysis, Inc. (Name/Company) 5601 3rd. Ave., Stock Island (Address) By: Joe H. Davis President (Name & Title) PURCHASING DEPARTMENT 5100 COLLEGE ROAD PUBLIC SERVICE BUILDING CROSS WING, ROOM #002 KEY WEST, FL 33040 (Date) Davis Water Analysis, Inc. P.O. Box 2584 Key West, Fl. 33045 Phone/FAX (305) 296-3826 1/5/93 Price Breakdown for the bid for the Operation and Maintenance of the Monroe County Detention Center Sewage Treatment Facility: Staffing .................................... $78, 832.00/yr. Sludge Handling ....................... 26,000.00/yr. Routine Analysis ....................... 12,162.00/yr. Groundwater Monitoring.......... 4, 000. 00/yr. Automatic Sampler .................. 2,240.00/yr. Chlorine Reagent ..................... 400.00/yr. Trrbidity Bulbs ........................ 400.00/yr. Flow Charts ............................ 100.00/yr. Chlor./Turbidity Charts............ 100.00/yr. Chlorine Gas ........................... 2, 500.00/yr. Lime ....................................... 450.00/yr. Emeregency Chlorine .............. 500.00/yr. Crew Shelter & Storage......... 5,000.00/yr. Pump Station & Grinder......... 3, 000.00/yr. Trash Disposal ....................... 2,200.00/yr. Licenses & Permits ................ 1,000.00/yr. Insurance .............................. 4, 000.00/yr. Computerization .................... 2, 000.00/yr. Subtotal Total..........................$144,884.00/yr. 10% Contingency .................. $14,488.40/yr Total ........................................ $159,372.40/yr. Davis Water Analysis, Inc. P.O. Box 2584 Key West, Fl. 33045 Phone/FAX (305) 296-3826 Suldge Hauling: Estimated quantity- 550 tons/yr. @ $46.80/ ton--- $25,740.00/ yr. ADDENDUM NO.1 OPERATION AND MAINTENANCE OF THE MONROE COUNTY DETENTION CENTER WASTE WATER TREATMENT FACILITY Stock Island Monroe County, Florida December 28, 1993 This addendum forms a part of the Contract Documents and modifies those original Contract Documents for the above named project. The following modifications are to be incorporated into the Contract Documents: Modification No.l Section 00030, Article 2(f) - Add the following: Article 2(f)(1): Corrective Maintenance and Repair The CONTRACTOR will provide corrective maintenance and repairs for the facility and all related equipment and structures consistent with good corrective maintenance and repair practices or the manufacturer's specification. Corrective maintenance and repairs are deemed to be those non -preventive maintenance or repairs which cost less than $250, other than repair of damages caused by Force Majeure as hereinafter defined. Article 2(f)(2): Capital Expenditures and Replacement Capital expenditure and replacement are deemed to be any repairs or replacements which cost $500 or more or which are caused by Force Majeure. The CONTRACTOR shall make no unreasonable requests and shall ensure that items requested are reasonable and justifiable to carry out the terms of these Contract Documents in accordance with the professional engineering practices. Modification No.2 The Waste Water Treatment Facility is supplied all electricity and water required for its operation by the Monroe County Detention Facility. Therefore, the OWNER will be responsible for payment of those utilities. i Modification No.3 The CONTRACTOR will be responsible to contract and pay for the disposal of any trash, debris, etc. that is a result of the operation and maintenance of the facility. Modification No.4 If the CONTRACTOR requires an operation or material storage building, it is to be supplied at the CONTRACTOR'S expense. It is to be installed in compliance with all Federal, State, County, and City code and permit requirements and only after review and approval by the OWNER. Modification No.5 If the CONTRACTOR requires telephone, communication or computer systems, the CONTRACTOR is required to pay for the installation and usage of these items. Modification No.6 All sampling tools and test equipment required to operate and maintain the facility are to be provided by the CONTRACTOR. Modification No.7 The CONTRACTOR is to be responsible for the operation and maintenance of the grinder and lift station and any other equipment that works in conjunction with the Waste Water Treatment Facility, excluding those items contained within the Detention Facility. ii SECTION 00030 MONROE COUNTY PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA REQUEST FOR BIDS December 3, 1993 PROJECT: OPERATION AND MAINTENANCE OF WASTEWATER TREATMENT FACILITY 5501 COLLEGE ROAD KEY WEST, FLORIDA 33040 ARTICLE 1. BID PACKAGE: THE MONROE COUNTY DETENTION CENTER Bids shall be received in the Office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing Room #002, Stock Island, Key West, Florida, on January 5, 1994 at 10:00 a.m. No bids will be received after this time. ARTICLE 2. SCOPE OF WORK: (a) The Contractor shall furnish all labor and equipment to operate and maintain the Monroe County Stock Island Detention Center's Wastewater Treatment facility in accordance with the Florida Department of Environmental Protection (FDEP) Permit Number DC44-198970, all State, County, and Local Ordinanaces, and all current FDEP regulations including, but not limited to the following: Chapter 17-3 Groundwater Quality Standards Chapter 17-7 Resource Recovery and Management Chapter 17-28 Underground Injection Control Chapter 17-302 Surface Water Quality Standards Chapter 17-600 Domestic Wastewater Facilities Chapter 17-601 Domestic Wastewater Treatment Plant Monitoring Chapter 17-610 Reuse of Reclaimed Water and Land Application Chapter 17-640 Domestic Wastewater Residuals Chapter 17-699 Treatment Plant Classification and Staffing (b) Staffing -The CONTRACTOR will staff the facility with its own employees who are qualififed in Wastewater Treatment Facility operations, maintenance and management. The CONTRACTOR shall at all times during the term hereof, provide qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the facility as required pursuant to this Agreement or by law. CONTRACTOR may utilize any and all other additional personnel that may be necessary for the operation of the facility during abnormal or emergency conditions for Monroe County, Florida upon receipt of approval of such additional personnel by the OWNER. (c) Minimum Services -The CONTRACTOR shall, at a minimum, provide the following services at no additional charge: 1. Establish first generation standard operating procedures and equipment diagnostics; 2. Document equipment warranty initiation; 3. Implement process control sampling and testing programs; 4. Begin modification of operations and maintenance manual to reflect actual facility operating conditions; 5. Establish permanent standard operating procedures and equipment diagnostics; 6. Hire operations, maintenance and laboratory staff members; 7. Develop and commence training programs as required; and 8. Respond to all emergency calls (d) Materials and Equipment -CONTRACTOR shall, at its own cost and expense, provide all materials and equipment necessary for the operation and maintenance of the facility. CONTRACTOR shall provide a physical inventory of all tools, chemical supplies and consumables on hand at the commencement of operation of the facility. CONTRACTOR shall also maintain and furnish to the OWNER on the first day of each Fiscal Year, a current inventory listing of any tools and equipment acquired by it for the OWNER with budgeted funds during the previous Fiscal Year, containing the following information: reasonably detailed description of such tools and equipment, the date of purchase, the identification number, the manufacturer's name, and listing of all equipment operation, parts and maintenance manuals. Such tools and equipment acquired by the OWNER or by CONTRACTOR for the OWNER with budgeted funds will remain a part of the facility upon termination of this Agreement, CONTRACTOR will provide the OWNER with the same quantity of fuel and chemicals or the equivalent thereof, as are on hand 2 at the commencement of operation of the facility. CONTRACTOR shall take all steps necessary to preserve and maintain any warranties on any of the tools, equipment and facility components, and to keep the OWNER informed in a timely manner of any and all steps taken to preserve and maintain such warranties. (e) Operation of Facility -CONTRACTOR shall, at a minimum, provide the following services during the continuing operation of the facility at no additional charge: 1. Respond immediately to, and immediately commence resolution of, any and all complaints concerning the facility made by the OWNER, any other governmental agency, or any other person, agency or body; 2. Periodically utilize all dormant equipment to ensure the proper functioning and maintenance of such equipment; 3. Observe all rules and regulations concerning the exercise of the rights of ingress and egress to and from the facility; 4. Operate the facility as consistent with normal Wastewater Treatment Facility practice, so as to maximize the efficient treatment of wastewater; 5. Provide twenty four hour access to the facility for the OWNER's personnel. Visits to the facility by the OWNER'S personnel may be made at any time by any of the OWNER'S employees so designated by the OWNER'S Representative. Keys to the facility shall be provided to the OWNER by CONTRACTOR. All visitors to the facility shall comply with CONTRACTOR'S operating and safety procedures; (f) Maintenance, Repair and Replacement - CONTRACTOR shall, maintain the facility in good condition and repair, including making any and all necessary repairs and replacements consistent with standard Wastewater Treatment Facility practices. CONTRACTOR shall maintain the safety of the facility at a level consistent with applicable law and normal Wastewater Treatment Facility practices for facilities of similar magnitude. CONTRACTOR shall maintain the site, buildings and other such appurtenances in good repair and in a neat, orderly and litter free condition in order to protect the facility against deterioration and to maintain the aesthetic quality of the facility. CONTRACTOR shall correct any material deficiencies, inefficient operation and maintenance of the facility throughout the term hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida, and in accordance with 3 standard wastewater treatment practices. The OWNER shall have the right to inspect maintenance records maintained by CONTRACTOR during normal business hours. CONTRACTOR shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, so as to interfere with the effectiveness of such warranties. (g) Preventive Maintenance -CONTRACTOR shall create and implement a plan for a preventive maintenance program for the facility and all related equipment and structures consistent with good preventive maintenance practice and the manufacturer's specifications, utilizing a quality maintenance management system. During the term of this Agreement, CONTRACTOR shall use methods of operation and maintenance which shall keep the facility in as good or better condition than at the start of this Agreement, excepting normal wear and tear. (h) Monthly Operating Reports -CONTRACTOR will ensure that a certified operator prepares and signs any monthly operating reports required by state, federal or local government bodies or agencies, and shall submit them to the OWNER no later than 5 working days prior to the due date for delivery of such reports to the appropriate government body or agency. (i) Records -CONTRACTOR shall maintain all records related to the operation, maintenance and management of the facility, including copies of all governmental reports and all financial documents, at the facility. Representatives of the OWNER may review said records at any time. CONTRACTOR shall maintain said records in accordance with sound business practices and generally accepted accounting practices or generally accepted accounting standards adopted by the Government Accounting Standards Board. (j) Licenses and Permits -CONTRACTOR shall act in a timely fashion to maintain, with the OWNER'S assistance, all licenses, permits, and warranties necessary for the continued operation of the facility. Unless stated otherwise herein, during the term hereof, CONTRACTOR shall have the obligation to maintain all such licenses, permits, and warranties on behalf of, and in the name of, the OWNER at CONTRACTOR'S sole cost and expense. The OWNER shall sign and certify applications for FDEP permits and any other permits in accordance with applicable state and federal laws and regulations. (k) Fines and Penalties -CONTRACTOR shall be liable for (i) any fines or civil penalties which may be imposed by any governmental or quasi -governmental agency or body (ii) or any judgments or liabilities arising from actions by non -government or quasi -governmental agencies or bodies for violations of the effluent guarantees specified herein 4 arising out of, or resulting from, the performance of its duties and obligations under this Agreement, including, without limitation, acts and omissions of the CONTRACTOR, its employees, agents, officers and subcontractors. CONTRACTOR shall not be responsible for any fines or civil penalties due to EPA proceedings concluded prior to execution of this Agreement, unless such fines or civil penalties are the direct result of an act or omission of CONTRACTOR pursuant to the terms hereof. (1) Hourly Labor Rate -Bid shall also contain an hourly labor rate for work not within the scope of operation and maintenance, a markup rate for materials or equipment furnished, a transportation and disposal rate for residuals (sludge) based on weight by ton, and a copy of Contractor Certification. All repair work necessary requiring reimbursement or funding by OWNER will require prior approval by OWNER unless it is deemed an emergency and OWNER'S representative cannot be contacted. In such case, documentation will be required certifying emergency requirement immediately after the fact. ARTICLE 3. SPECIFICATIONS: (a) The specifications contained herein are considered to be the minimum standards required. The maintenance and operation shall comply with all Florida Department of Environmental Regulation Permit requirements, Monroe County HRS Environmental Unit Standards, and all applicable Federal, State, Local codes and ordinances. (b) The Contractor is responsible for contacting the HRS-Environmental Unit and/or Florida Department of Environmental Regulation for all required inspections. (c) The County reserves the right to reject any and all bids in whole or in part and to waive any informalities or irregularities in the bids, determined to be in the best interest of the citizens of Monroe County. ARTICLE 4. CONTRACT FORMS: PUBLIC ENTITY CRIME AFFIDAVIT: Any person submitting a bid in response to this invitation must execute the attached Form PUR 7068, SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check (s), in the spaces (s) provided. This form with original signatures must be included with each bid or proposal. If you are submitting a bid or proposal in behalf of dealers or suppliers who will ship commodities and receive 5 payment from the resulting contract, it is your responsibility to see that copy (s) of the form are executed by them and are included with your bid. Corrections to the form will not be allowed after the bid or proposal opening time and date. Failure to complete this form in every detail and submit it with your bid will result in immediate disqualification of your bid. NON -COLLUSION AFFIDAVIT: Any person submitting a bid in response to this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the respondents, the bids of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future proposals. The form with original signatures must be included with each bid proposal. DRUG FREE WORK PLACE FORM: Any person submitting a bid in response to this invitation must execute the attached Drug Free Workplace Form. This form with original signatures must be included with each bid proposal. SWORN STATEMENT UNDER ORDINANCE NO. 10-1990; ETHICS CLAUSE: Any person submitting a bid in response to this invitation must execute the enclosed Sworn Statement for breach or violation of this provision the OWNER may terminate this contract without liability. This form with original signatures must be included with each bid proposal. ARTICLE 5. PERMITS AND LICENSES: The Contractor shall furnish copies of all current licenses as a part of this bid. ARTICLE 6. INSURANCE DOCUMENTS: a) The Contractor shall comply with all provisons of the section entitled "GENERAL INSURANCE REQUIREMENTS FOR ALL CONTRACTS WITH MONROE COUNTY" attached hereto. The Contractor shall require each Subcontractor similarly to provide "WORKER'S COMPENSATION INSURANCE" for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. b) Contractor will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms N. WC2, GL3, VL3, POL 2. The original Insurance Certificates and three copies are to be provided by the Contractor and shall accompany each of the copies of the Contract Agreement delivered to the Public Works Facilities Maintenance Department for execution. If the proper insurance forms are not received within fifteen days after award of bid, bid may be awarded to the next lowest bidder. INDEMNIFICATION AND HOLD HARMLESS: a) The Contractor covenants and agrees to indemnify and hold harmless the OWNER from any and all claims for bodily injury (including death), personal injury, and property damage "~ (including property owned by the OWNER 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 or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. b) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained in the form of agreement. ARTICLE 7. SITE PLANS & SITE INSPECTIONS: Site plans are on pages 8, 9, and 10. Site inspections will be coordinated through the Building Maintenance Manager, Detention Facilities, Department of Facilities Maintenance (305) 292-4530. 7 O r O _U X W l:. O U- .J 0 H H a H U H � z q I:] H £ G' L•] O H a a a r�J a H H >4 R. z E-+ F H O 3 O H L] U H O H Z z Lo r:2 ] z < H < O 3 O Z C] � H o ] a z z u z D < w < O a a a UCOat!) H O H [� U O x x z U U z O O O O H N H E Lug v] A'GL .(i C5i ,1 I .I III �I� III 31 I„ aO i7 '- : N' 01 ON• � J' �� I I � � u rO� n c� PLC Iv I , ri �J b451 � I r•<C, I I ' I IFl �F'a'h✓'IA'ZIly $ I S Illl n�l ,li I I •C'cL f�; jL� I �,r T T U 0'5 CZ 0'ZI 0'. I c� r �' I I - j I I a a I I I o I I �I J �wL �T J u� G 17� A34 i If L�IL i i i y I - ;��XICO MCF-1 SPRAY IRRIGATIO'; I'iCF-2 ?� SST-ACK-RCPOSED r"AY't-WEST C \ �� 3-1F �p-i 1 9-1E t p;vpOSED STRAY -4F IRAIGATIO`� ° / 0'P-7 ,.bl..nl•. 4D r SPRAY IRRIGATION 1 -4 a iP-b -{C \ SETBACK 1P-3 8 I`'iCF-1 .Ay IRRIGATION WITH PUBLIC ACCESS NOTES AREA. CF SPRAY QUALITY EF LUFhT CFO �t0*�ITORI G 1SEI,LS 10 .a • L�;,V1R04/,�� AC11 4,f �rS7f OF FLC^"C� Florida Department of Ei South District ]scion Chiles. Go erncr 2:95 Victori. May.27, 1993 CERTIFIED MAIL NO. P 098 002 494 RETURN RECEIPT REQUESTED Tom Brown, County Administrator Monroe County Public Service Building Wing II, Stock Island Key West, Florida 33040 Re: Monroe County - DW Monroe County Detention Center Stock Island S.T.P. DER File No. 5244CO2992 DC44-229673 Dear Mr. Brown: / 234567&a , o CA vkgcpk asp c74 `c,� �331fl 4 �,:•` gZ ZZ lZ This letter is in response to an application for construction of a modified facility permit for the above referenced project. The Department staff has reviewed the specific condition of permit number: DC44-198970, in order to determine compliance with said permit and in accordance with Section 17-610, Part III, Florida Administrative Cc•de (F.A.C.). Based on that review of Section 17-610, Part III, F.A.C. and the Specific Conditions of permit number DC44-198970, the construction permit number DC44-198970, page number 1 of 14, is being modified and specifically described as follows: To construct a modification by building a 0.105 MGD extended aeration (E.A.) process wastewater treatment facility instead of the original 0.1185 MGD plant with filtered reclaimed water used for toilet flushing unit in prison cells and makeup water for cooling towers and the substandard effluent to dual Class V injection wells (PATS numbers UC44-199611 and UC44-206632). This facility shall meet Class I reliability standards for Part III of Chapter 17-610 F.A.C. reuse regulation. Other modifications included are dual 50,000 gallon aeration tanks, dual 50,000 gallon reuse water storage tanks, a 3,000 gallon hydro tank on the toilet flushing water supply system, a 35,000 gallon capacity surge tank, dual 16,000 gallon clarifier tanks, a 13,500 Continued . . . FrgKhe }� paps Tom Brown, County Administrator Monroe County Public Service Building May 27, 1993 Page 2 gallon digester tank, four (4) filters, dual 3,900 gallon chlorine contact tanks, chemical feed system and a turbidity and chlorine continuous monitoring system (to be installed) as depicted on R. H. Wilson and Associates, drawing sheet figure 4-1, submitted in support of the construction modification application and related materials received April 15, 1993 and revised information received May 11, 1993. Location of projected is on Junior College Road, Stock Island, Key West, Florida. Specific Condition number 27 will be as follows: 27. The Underhill Ranch site, Martin County (alternative site: McDaniel Ranch site, Hendry County), is an agricultural use plan site as outlined in F.A.C. Rule 17-640 and is identified as your permitted site to land apply the residuals generated at this facility. Changing land application sites requires Department notification and placement of new disposal site on this permit prior to disposing of residuals at the new land application site [F.A.C. Rule 17-640.300(1)(2)). Additionally, the agricultural use plan site shall be updated annually to reflect any changes in the domestic wastewater residuals characteristics or agricultural practices and to provide a summary report of the domestic wastewater residual application of the previous year. This construction modification permit number DC44-229673, must be attached to permit number DC44-198970 and becomes a part of that permit; all other conditions of said permit shall remain the same. In addition, the expiration date of permit number DC44-198970 remains unchanged with the issuance of this permit. Should you have assistance, please (813) 332-6975. any questions or if we can be of any further do not hesitate to contact Bennie Shoemaker at Sincerely, Philip R. Edwards;z Director of District Management PRE/BTS/dd cc: Ronald H. Wilson, P.E. DER Marathon Florida Department of Environmental Regulation South District e 22C9 , � 1yers, Florida 33901.2896 * L;F L.p'tcn Chiles, Gove:ror Carol 1.1._13roa•ncr, Sccrctuy iN OV 01 11991 PER.MITTEE: Tom Brown, County Administrator Monroe County Public Service Building Wing II, Stock Island Key West, Florida 33040 D.E.R. Marathon, FL I.D.No: 5244CO2992 Permit/Cert.No.: DC44-198970 Date of Issue: October 30, 1991 Expiration Date: October 30, 1996 County: Monroe Latitude: 24..34" 38" N Longitude: 81° 45' 0711 is Section/Town/Range: 27/67S/25E Project: Monroe County Detention Center Stock Island Facility This permit is issued under the provisions of Chapter-403, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C.) Rules 17-3, 17-4, 17-28, 17-301, 17-3021 17-600, 17-601, 17-602, 17-610 and 17-640. The above named'permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents, attached hereto or on file with the Department and rade a part hereof and specifically described as follows: Construct a 0.1185 MGD extended aeration (E-.A.) process wastewater treatment facility with filtered reclaimed water to 3.3 acre site and toilet flushing unit in prison cells and the substandard effluent to Class V injection well;(PATS #199611). This facility shall meet Class I reliability standards for Part III of Chapter 17-610 F.A.C. reuse regulation. This construction consists of dual 59,250 gallon aeration tanks, a 35,000 gallon capacity surge tank, dual 16,000 gallon clarifier tanks, a 13,500 gallon digester tank, four (4) filters, dual 3,900 gallon chlorine contact tank, a 100,000 gallon reject storage tank, a 205,000 gallon reuse water storage tank, chemical feed system and a turbidity and -chlorine continuous monitoring system (to be installed) as depicted on R.H. Wilson arawln"�-s .;tit:-'�. 'i')iiYlut:1.3 '.i. }i..�� ti ^.i: .1' c\t)!"•T:i�t..e(� �T1 support of the construction application and related materials received June 27, 1991 and revised information received August 8, August 14 , August 29 and September 20, 1991. Location of project is on Jr. College Road, Stock Island, Key Nest, Florida. Page 1 of 14 ICrryC1rJ /'nprr PEP14ITTEE: I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 246nroe County Public Service Date of Issue: October 30,- 1991 Building Expiration Date: October 30, 1996 GENERAL CONDITIONS: 1. The terms, conditions, requirements, limitations, and restrictions set forth in this permit are "Permit Conditions' and are binding and. enforceable pursuant to the authority of Section 403-.141, 403.727, or 403.859 through 403.861, F.S. The permittee is hereby placed on notice that the Department will review this permit periodically and may. initiate enforcement action for any violation of these conditions. _ 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3. As provided in Subsections 403.087(6) and 403.722(5) F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. ?'either does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in the permit. 4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgement of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust .Fund may express State.opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health -or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and. Department rules, unless specifically authorized by any order from the Department. 6. The permittee shall. operate and maintain the facility and systems of treatment and control (and.related appurtenances) that are installed and used by the permittee to'achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. Page 2 of 14 'PERMITTEE: Tom..Brown, County Administrator Monroe County Public Service Building GENERAL CONDITIONS: I.D.No: 5244CO2992 Permit/Cert.No.: DC44-198970 Date of Issue: October 30, 1991 Expiration Date:.October 30, 1996 7. The permittee, by accepting this permit, specifically agrees to allow authorized Departrient personnel, upon presentation of credential or other documents as may be required by law, and at reasonable times, access to the premises, at reasonable times, where the permitted activity is located or conducted to: a. Have access to and copy any records that must -_be kept under the conditions of the per -,it; b. Inspect the facility, equiprinent, practices, or operations regulated or required under this permit;.and C. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on -the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation. -specified in this permit, the permittee shall immediately provide the Department with the following information: a. A description of and cause of non-compliance; and b. The period of non -compliance, -including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or revocation of this permit. 9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation 'of this permitted source, which are submitted to the Department, may be used by the Department as evidence in any enforcement case .involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403.111 and 403.73,.F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance, provided however, the permittee does not waive any other rights granted.by Florida Statutes or Department rules. 11. This permit is transferable only upon Department approval in accordance -with F.A.C. Rules 17-4.120 and 17-30.300, F.A.C. as applicable. The permittee. shall be liable' for any non-compliance Page 3 of 14 PERMITTEE: I.D.No: 5244CO2992 'Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 GENERAL CONDITIONS: 11. This permit is transferable only upon Department approval in accordance with F.A.C. Rules 1774.120 and 17-30.300, F.A.C. as applicable. The permittee shall' be liable for any non-compliance of the.permitted activity until the transfer is approved by the Department. 12. This permit or a copy thereof shall be kept at the work site of the permitted activity. 13. This permit also constitutes: ( ) Determination of Best Available Control Technology (BACT) ( ) Determin. of Prevention of Significant Deterioration (PSD) ( ) Certification of Compliance with State Water Quality Standards (Section 401, PL 92-500) ( ) Compliance with New Source Performance Standards 14. The permittee shall comply with the following: -a. Upon request, the permittee shall furnish all records and plans required under Department rules. During. enforcement actions, the retention period for all records will be extended automatically, unless otherwise stipulated by the Department. b. The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation), required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of.the sample, measurement, report or application unless otherwise specified by Department rule. C. Records of monitoring information.shall include: - the date, exact place, and time of sampling or measurement; - the person responsible for performing the sampling or measurements; - the date(s) analyses were performed; - the person responsible for performing the` analyses; - the analytical techniques or methods used; and - the results of such analyses. 15. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be submitted or corrected promptly. Page 4 of 14 PERMITTEE:.. I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: 1. Drawings, plans, documents or specifications submitted by the Permittee,. not attached hereto, but retained on file at the South Florida District Office, are made a part hereof. 2. Where chlorine is used for disinfection, a total chlorine residual of at least 1.0 milligrams per liter shall_ be maintained after at least 15 minutes contact time at naximum daily flow, or after at least 30 minutes contact time at average daily flow, whichever provides for the higher level of public health protection. Higher residuals or longer contact times may be needed to meet the operational criteria for high level disinfection. 3. The applicant shall retain the engineer of record or obtain the services of any professional engineer registered in the State of Florida for the inspection of the construction of this project. Upon completion the engineer shall inspect for conformity to construction permit applications and associated documents. A Certificate of Conpletion with record drawings shall be submitted within 30 days after completion of construction of this project and Department approval obtained prior to placement into service. An Operation. and 2✓aintenance Manual shall be provided with the Certificate'of Completion in accordance with Section 17-600.720 and 17-604.500(4), F.A.C. An application for the construction of a second Class-V injection well with the appropriate fee shall be submitted to the Department with the certification of completion. 4. This permit is valid. as an operating permit for an initial period of not more than six months after the plant is certified complete and approved for operation. However, if this permit expires within this six month period an application must be submitted to the Department of Environmental Regulation for an operating permit prior to the expiration. During the initial period of operation a sufficient number of analyses to substantiate compliance with the Florida Administrative Code shall be provided prior to. the issuance of an operation permit. Initial test results are to be received no later than six (6) weeks after the treatment plant has been placed in operation. These results shall be submitted -on a monthly basis to the Department of Environmental Regulation.* 5. The permittee shall submit a monthly operations report (MOR)', DER Form 17-1.205(7), to the Department no later than the twenty eighth of each succeeding month. Page 5 of 14 .PERMITTEE: I.D.No: 5244CO2992 Tom Brown, County Administrator Perm it/Cert. No. : DC44-198970 Monroe County Public Service Date of Issue: October 30, 1991- Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: - 6. To determine compliance of a domestic wastewater facility with the high-level.disinfection level, the following operational criteria (Using MF or equivalent MPN methods) shall be -applicable in accordance with F.A.C. Rule 17-600.440(5)(f). a. Fecal Coliform samples shall be obtained on a daily basis when discharging to a reuse system. Over a 30--day period, 75 percent of the fecal'coliform values shall be below the detection limits. b. Any one sample shall not exceed 25 fecal coliform values per 100 ml of sample. c. Any one sample shall not exceed 5•milligrams per liter of TSS at a point before application of the disinfectant. 7. The permittee shall submit residual (sludge) analysis on six months basis. If your most recent analysis is not current with the time period specified, you shall submit an analysis as soon as possible and no later than 60 days from the date of issuance of this permit and every six months thereafter. The residual sample for this facility is to be taken from digester and shall be collected as specified in F.A.C. Rule 17-7.540(2)(3). Samples shall be analyzed and reported for the parameters as follows: Parameter Reported Parameter Reported_ Total nitrogen o dry weight Lead mg/kg dry weight Total phosphorus o dry weight Nickel mg/kg dry weight Total potassium o dry weight Zinc mg/kg dry weight Cadmium mg/kg dry wt. pH Standard Units Copper mg/kg dry wt. Total solids.% 8. The facility is a category III, requiring a Class C or higher operator on site 6 hours per day, 7 days per week, F.A.C. Rule 17-610. 462 (2) (b) . Operator shall be on call during periods. when the plant is unattended. Daily checks of all plants shall be performed by the permittee, or supplier, or his representative or agent 5 days per week for all Class C and D plants. Section 17-602.375(1), F.A.C. 9. The parameters and minimum sampling schedule for this domestic wastewater treatment plant are flow, and pH sampled daily, 5 samples per week, turbidity and chlorine residual, sampled continuously, CBOD5 and Total Suspended Solids samples Page 6 of 14 .PERMITTEE:• I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: every two weeks, in accordance with Sections 17-601.500(1), Figure 2 and 17-610.4-63(2),'F.A.C. and fecal coliform, obtained on a daily basis in accordance with Specific Condition number 6 above. a. The permittee/operator shall collect flow proportioned composite samples for a compositing period of 8 hours in accordance with Section 17-601.500 F.A.C. b. The pe mittee/operator shall collect fecal coliform by effluent grab sample in accordance with Section 17-601.500 F.A.C. 10. In accordance with F.A.C. Rule 17-600.740(1)(b)1, the effluent compliance concentrations for this facility are as follows: a. The arithmetic mean of the CBOD5 values for the 'effluent samples collected (whether grab, or composite technique is used) during an annual period, shall not exceed•20 mg/l. b. The arithmetic mean of the CBOD5 values for a minimum of four effluent samples each collected (whether grab or composite technique is -used) on a separate day during a period of 30 consecutive days (monthly) shall not exceed 30 mg/l. C. The arithmetic mean of the CBOD5 values for a minimum of two effluent samples each collected (whether grab or composite technique is used) on a separate day during a period of 7 consecutive days (weekly) shall not exceed•45 mg/l. d. Maximum -permissible concentrations of CBOD5 values in any effluent grab sample at any time shall not exceed 60 mg/l. 11. The well completion report -DER Form 17-1.209(2) shall be submitted by the licensed well driller within fifteen•(15) days after completion of construction and prior to placement in operation. 12. Copies of well completion report are to be mailed to the following: a. Department of Environmental Regulation, South Florida District, 2269 Bay Street, Fort 2:yers,.Florida 33901 Page 7 of 14 PERMITTEE:. I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 _ Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: b. South Florida Water Management District, Water Use.Division, Post Office Box 24680, West -Palm Beach, Florida 33416-4680. C. Bureau of Geology, 903 N.. Tennessee Street, Tallahassee, Florida 32307. 13.. In the event a well must be plugged or abandoned, *the permittee shall obtain a permit from the Department as required by Chapter 17-28,.F.A.C. 14. The permittee shall notify the Department and obtain approval prior to any well work or modification. 15. Chlorine gas is used for disinfection. Maintain gaseous chlorine disinfection facilities in accordance with F.A.C. Rule 17-600.300(4)(b) "Great Lakes/Upper Mississippi River Board of State Sanitary Engineers Recommended Standards for Sewage Works", Chapter 90 "Disinfection", Section 93 "Chlorine Supply". 16. Maintain a copy of the operations and maintenance manuals for the wastewater treatment facility and reclaimed water disposal system (spray irrigation) on file at the plant's office. 17. When the three-month average daily flow for the most recent three consecutive months exceeds 50 percent of the permitted capacity of the treatment plant or reuse and disposal systems, the permittee shall submit to the Department a capacity analysis report in compliance with Rule 17-600.405 F.A.C. 18. The permittee shall provide the Department with an operation protocol designed to ensure that the high-level disinfection criteria will be met before the reclaimed water is released to the system storage or to the reclaimed water reuse system. The operating protocol shall be reviewed and updated and shall be subject to Department review and approval at least annually. Reclaimed water produced at ,the treatment facility that fails to meet the criteria established in the operating protocol shall not be discharged into system storage.or to the reuse system. Such substandard reclaimed water (reject water) shall be either stored for subsequent -additional treatment or shall be discharged to another permitted reuse system requiring lower levels.of pretreatment or to a permitted effluent disposal system: Page 8 of 14 PERMITTEE: I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-193970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: 19. The reject water produced at facilities permitted to discharge reclaimed water to the reuse system shall be treated and tested to meet the minimum standards contained in Specific Condition number 6 prior to discharge to the reuse system or alternative method of disposal shall be utilized in accordance with part III, Section 17-610 F.A.C. _ 20. The Public shall be notified of the use of reclaimed water. This shall be accomplished by the posting of advisory signs in the area where reuse is practiced, notes on scorecards, or by other methods. Copies of the public advisory method utilized shall be provided to the Department. in accordance with Section 17-610.468 F.A.C. a. No cross -connections to potable water systems shall be allowed. The permittee shall establish and shall obtain Department approval for a cross -connection control and inspection program, pursuant to Rule 17-555.360, F.A.C. b. Reclaimed water shall not enter a dwelling unit or a • building containing a dwelling unit except as.allowed by Rules 17-610.476 and 17-610.477, F.A.C. C. Maximum obtainable separation of reclaimed water lines and domestic water lines shall be practiced A minimum horizontal separation of five feet (center to center) or three feet (outside to outside) shall be maintained between reclaimed water lines and either potable water mains or sewage collection lines. The provisions of Rule 17-604, F.A.C. are applicable to crossings..• d. All reclaimed water valves and outlets shall be appropriately tagged or labeled to warn the public and employees that the water is not intended for drinking. All piping, pipelines, valves, and outlets shall be color coded, or otherwise marked, to differentiate reclaimed water from domestic or other water. e. Low trajectory nozzles, or other means to minimize aerosol formation shall be used within 100.feet of outdoor public eating, drinking and bathing facilities. 21. Application of reclaimed water on public access facilities shall. be controlled by agreement with the wastewater management entity or by local ordinance. A copy of this agreement or ordinance shall be provided to the Department at the time of certification of project. Above ground bibbs (spigots or other Page 9 of 14 PERMITTEE: I..D.No: 5244CO2992 Ton'Brown, County Administrator Permit/Cert.No.: DC44-193970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: hand operated connections) shall not be present. Hose bibs shall be located in locked, below grade vaults which shall be clearly labeled as being of nonpotable quality. As an alternative to the use of locked, below -ground vaults with standard hose bib services, hose bibs which can only be operated by a special tool may be placed in nonlockable underground service boxes clearly labeled as nonpotable water. 22. Reclaimed water. shall not be used to fill swimming pools, hot tubs, or wading pools. 23. The hydraulic loading rate shall not cause ponding of reclaimed water on the application site or produce surface runoff of the applied reclaimed water to the surrounding surface waters. 24. There shall be a setback distance of 75 feet from the edge of the wetted area of the public access land application area to potable water supply wells that are existing or have been approved by the Department or by the Department of Health and Rehabilitative Services (but not yet constructed). To comply with this requirement a utility providing reclaimed water for residential irrigation may adopt and *enforce an ordinance prohibiting private drinking water supply wells in residential areas. Provide the Department with a copy of this ordinance. 25. A 75-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to ronpotable water supply wells. 4 26. The permittee of the Monroe County Detention Center shall stabilize residuals (sludge) to a Class "B" level utilizing lime stabilization to produce a pH of 12 for a minimum of 2 hours as outlined in R.H. Wilson and Associates standard operation procedures, in accordance with Chapter'17-640 F.A.C. 27.. If residuals are to be disposed of through land application the permittee shall submit'a land application use plan for the residual disposal site within 270 days from the -date of issuance of this permit. In addition annual reports showing the amounts applied at the site are to be submitted to the Department. Any modifications or changes of the site must be reported to the Department prior to land application disposal and your permit modified accordingly (F.A.C. Rule 17-640.300). Page 10 of 14 •PERMITTEE: I.D.No: 5244CO2992 Ton Brown, County Administrator Permit/Cert.No.: DC44-198970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: 23. When the permitted facility is discharging into the Class V injection well the minimum treatment standards are "Secondary" treatment with "Basic" disinfection in accordance with Sections 17-600.420(1) and 17-600.440(4) F.A.C. 29. The ground water monitoring program for this facility is subject to the provisions of Chapters 17-3, 17-4, 17-23, and 17-610, Florida Administrative Code (F.A.C.), and the following provisos: a. In accordance with the provisions of Chapter 17-28, F.A.C., the ground water monitoring system shall be constructed by the permittee at least sixty (60) days prior to commencement of spray irrigation. b. The ground water monitoring wells shall be located as depicted on the attached plat. C. The monitoring wells for the Monroe County Correction Facility are hereby designated as follows.: nMCF-1: Background Well ;MCF-2: Intermediate Well TMCF-3: Compliance Well d. Monitor Well construction shall employ those methods and details as noted in the Department's "Guidelines for Monitor Well Design and Installation" (see attached) and shall be constructed and installed such that adequate recharge is obtainable within the aquifer being monitored. e.. Upon completion of construction of the new ground water monitoring wells, the top of casing of each well shall be surveyed to obtain elevations (NGVD). A Monitor Well Construction Data Sheet shall be completed and submitted for each new well. f. Upon completion of construction of all new monitoring wells, the new wells, as well as representative reclaimed water, shall be sampled and analyzed for total•nitrate, total phosphorous, total organic carbon, pH (field), specific conductivity (field), total dissolved solids, volatile organic contaminants, fecal coliform bacteria, and gross alpha. g. All active monitoring wells and representative reclai;'ned water (effluent) shall be sampled and analyzed according to the following schedule: Page 11 of 14 PERMITTEE: I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: Sampling Period Well Report Due Date January -March 1,2,3 April 15 April -June 2,3 July 15 July -September 2,3 - October 15_ October -December 2,3 January 15" A 24 hour composite representative sample of the reclaimed water shall be obtained and analyzed monthly for the parameters listed in Specific Condition 4729h. h. Analysis of the regularly scheduled sampling of all wells and reclaimed water shall be conducted for the following parameters: pH (field) Specific Conductance (field) Total Nitrate (as N) Fecal Coliform Bacteria Total Dissolved Solids Water level (NGVD) Total Organic Carbon Total -Phosphorous Additionally, during the January-s-`arch sampling event of each year, samples of the reclaimed water and Well n11CF-2 shall be analyzed for the following parameters: Trichloroethylene Carbon Tetrachloride Benzene Tetrachlorethylene Vinyl Chloride Ethylene Dibromide 1,1,1- Trichlorcethane 1,2-Dichloroethane Trihalomethanes p-Dichlorobenzene 1,1-Dichloroethylene Additional parameters may be necessary as dictated by the initial characterization of the new wells. i. The field testing, sample collection and preservation, and laboratory testing, including quality control procedures,, shall be in accordance with methods approved by the Department as specified in Chapters 17-4.246 and 17-3.401, F.A.C. Approved methods as published by the Department or as published in Standard Methods, A.S.T.M., or EPA methods -shall be used. Approved methods for chemical analyses are summarized in the Federal Register, October 26, 1984 (40.CFR 136). j. Ground Water and Reclaimed Water sampling shall be reported on the Department's Parameter Monitoring Report form (DER Form 17-1.216(.2)]. This form, or an exact replica thereof, must be used and may not be altered as to format or content. The original copies should be retained so that necessary Page 12 of 14 PERMITTEE• I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 Monroe County Public Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: information is available for future reports. Completed forms shall be submitted no later khan the due dates specified in Specific Condition 429g to the Florida Department of Environmental Regulation, 2269 Bay Street, Fort Myers, Florida 33901-2896. k. All existing monitoring wells which are not an --active part of the monitoring program are to be maintained for possible future use. Should any of the inactive wells become damaged or inoperable, the welljs) must be plugged and abandoned in accordance with the provisions of Chapter 17-532.500(4), F.A.C., with the details of such plugging submitted to the Department within seven (7) days thereafter. 1. If an active monitoring well becomes damaged or inoperable, the permittee shall notify the Department immediately, and a detailed written report shall be submitted within seven (7) days thereafter. The report shall describe the nature of the problem. and the remedial measures which have been- taken to prevent a recurrence. m. All monitoring wells shall be properly maintained, easily accessible, prominently marked, secured, and kept free of, vegetation at all times. n. Pursuant to Chanter 17=28.700(5)(c), F.A.C., a Zone of Discharge is hereby established and shall not areally extend further than one hundred (100) feet beyond the perimeters of the areas of wetted surface of reclaimed water spray irrigation and the wastewater holding ponds, nor shall it extend beyond the limits of site boundaries should such distance be less than one hundred (100) feet. o. The permittee shall ensure that the minimum criteria for ground water specified in Section 17-3.402 will not be violated within the zone of discharge. p. If, at any time, ground water standards are exceeded, the permittee shall, within fifteeri (15) days of being notified of such-exceedance, resample the monitoring well(s) having the exceedance to verify the original analysis.. Should the permittee not resample, the Department will consider the original analysis as representative of current ground water conditions. This could result in. additional monitoring and/or wells and /or corrective actions. 30. The permittee is reminded of the necessity to comply with the pertinent regulations of any other regulatory agency, as well as Page 13 of 14 PERMITTEE: I.D.No: 5244CO2992 Tom Brown, County Administrator Permit/Cert.No.: DC44-198970 Monroe County Public -Service Date of Issue: October 30, 1991 Building Expiration Date: October 30, 1996 SPECIFIC CONDITIONS: any county, municipal, and federal regulations applicable to the project. These regulations may include, but not limited to, those of the Federal Emergency Management Agency in implementing flood control measures. This permit should.not be construed to imply compliance with the rules and regulations of other regulatory agencies. _ Note: In the event of an emergency the permittee shall contact the Department by calling (904) 488-1320. During normal business hours, the permittee shall call (813) 332-6975. Issued this 30th day of October, 1991 PRE/BTS/jrh 16 bages attachedl STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION Philip R. Edwards Director of District Management Page 14 of 14 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION OF ENVIRONME q•._, 1 � QFc� �TE OF ft i This acknowledges that JOE H. DAVIS has met the requirements of Chapter 403, Florida Statutes, and Chapter 17-602, Florida Administrative Code, and is licensed to perform the duties and responsibilities of a treatment punt operator. TYPE: CLASS B WASTEWATER LICENSENO: 004504 ISSUED. 08102/82 j;;.44 ceW,. Bureau Chief Secretary of the Department v OER005 © 1993-1994 MUNROE 3 rE c - F: DA FACILITIES VIUS1 BE PlIS L itt E U f , Gi: OR MACHINES ROOMS SCATS EMf Li 7 rt: 0-5 TYPE OF BUSINESS 47140 SEWAGE TREATMENT SERVICE BUSINESS ADDRESS 6630 FRONT ST SI 00 — COUNTY OF MONROE NAME DAVIS WATER ANALYSIS INC MAILING DAVIS J OE PRE S ADDRESS PO BO X 2584 KEY WEST FL 33040 SEWAGE TREATMENT SERVICE THIS BECOMES ATA> HARRY F KNIGHT, CFC, TAX COLLECTOR RECEIPT WHEN VAuoATEc P O BOX 1129, KE Y WE S T F L 33041-1 129 0000000000 0000002200 0000471400008060 1001 6 X 47140-0008060 SEPT. 30, 1994, 22.00 22.00 A �b4Am z m w c ma-cz (A- 0m OMN i m 0 A m N m M �mv -1 N N > --4 --1 � z�m m N IMP O n O m 'pmI N z Cm--4 Vf m� moo M N A m mNm �m C -< �m-< m390 >r mNm zv--n S m N N N to O r N • m 2 = O rn o z w N NM-2 Mo- T mvTE� r" IMP v r V1 z < 0 ° Ram m i z N v > i 1 00MME c�r�rn c m ;1.m� > v �' z m m�o m N (A z -1My 1 T 0 -1 M 0 z y :gD 80 D y y m � i--- I i -- -- - T ---- C- ---- A - - m - - m - m - - - i I 0 I < 0 N x m X m l 1 I ►�. m 14 - I 1 m X _ T m D m T (A N r N M I I N v A I 00 > OND < 0 y � I y T A N _ O y m I r cn � 4 w v m, Im 0 8 I c I O A A m I IT o o v , I O A I r 4 I O m 0 O I IH � Iv (A) , I n v m .9 1 > 1 - I 13 1 z 1 -•1 I 1 0 1 T I I 1 m I z r -i m r I v l I<i < T N m to z I y Z 0 m I I> o 0 N I I Do o -4m y CA 1 ;0 o c I I 1 C (A I I> c I I m I I 1 I I I I I � , , , , , I , Eop 8ypn y G ffff • • L b W N �O F-` N � I C CD -A o% b w0) O H+- N h Z� O Sb � ct rh Fl ct En I H rF to () to ?C 0 ~ b �o `J y Con ':x ........... . .015513 x 79640,�LBS..218.52 TAX @ 00%, wl Vltl'. TOTAL FEE, BY WEIGHT— I CHARGED 1 S.". 52; STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES 0 OPERATING PERMIT This permit Is hereby issued to: County: Monroe Permit Number: 11—M Name: Jewells Sewage Service South Address of System or Operation: Industrial Road, # 16 Pinewood Bldg. Big Pine Ivey, FL. 33043 Owner or Operator. George D . Leydic Mailing Address: P.O. Box 1049 Summerland Key, FL. 33042 This Permit Authorizes the Operation of a Septage Disposal Service: XXX Temporary System (Portable Toilet/Holding Tank) Service: Individual Aerobic Treatment Unit: Aerobic Treatment Unit Maintenance Service: System Receiving Commercial Sewage Waste: System Located in Industrial/Manufacturing Area At the Above Referenced Location with the Following Conditions of Operation: The facility shown above has been Inspected by the undersigned, a duly authorized representative of the Department of Health and Rehabilitative Services, and was found in conformance with those rules promulgated by the department under the authority of Chapters 381, 386, and 489 Part III, Florida Statutes, and set forth in Rule Chapter 10D-6, Florida Administrative Code. This permit grants authority to operate the above referenced facility, service, or system in conformance with department rules and the conditions of operation shown above. This permit is revokable, upon service of notice, when it is determined by the department that the operational conditions and department standards are not being maintained. Gran 3 , ra day of ,; anuary Environmental Health Director/Administrator HRS-H Form 4013, J 2 (Obaoletea previow edition which may not be wed) (Stock Number: 67 00.4013-1) 19 94 Permit Expiration Date: 09 / 30 / 94 x z N c`" 9 0. cr 0 -, N Q n• � c, 'o o y b ti c� r C, o� Ct O lm� a 0 0 0 p n v G o o 4� N W }-t o w I L ` k r Ln p Z fi�nn. O' N ti d n m 9: O x W `• co '^ co co VI N (aC1 w M C z CD a Y � w H n m N O C0' � CD ' b w x � cl OD Y �. C Ln zCD y n CD ►-3 Cn w c� ►s d cn —IEn b �'cD►n u, � � b M C �* o ° En ►w-- � w w aco� coo w `� w w " a.co w w a 0 c n L J d w C"r CD 0 cn w � w O a � rCD O r* w CD M CA Apiil22, 1993 lsl hinting M0NROE COUNTY, PLORiDA INSURANCE GUIDE, TO CON'ritAC'i' AD1I,iiNIS'i-IZA'I'iON Indemnification and Hold I►armless fo r Suppliers of Goods and Services The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners loom any and all claims 1br bodily iniury (including; death), personal injury, and property damage (including; property owned by Monroe County) and any other losses, damages, and expenses (including atlorney's fees) which arise out of, in connection with, or by reason of services provided by the Vendor or any ofits SUI)COntrad0r(S) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Vendor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the pr().iect (to include the work of others) is delayed or suspended as a result of the Vendor's failure to purchase or maintain the rcquircd insurance, the Vendor shall indemnify the County from any and all increased expenses resulting front such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Admini. tafivc )minxdion 114709.1 1 16 April 22. 1993 IM 1'1 inling MONROE COUNTY, FLORIDA INSURANCE GUiDE TO CONTRACT ADMINISTRATION General insurance Requirements for Suppliers of Goods or Services As a pre -requisite of the work governed, or the goods supplied under this contract (including the pre -staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are niade part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Vendor. As an alternative, the Vendor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Vendor 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 Vendor 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 Vendor's failure to provide satisfactory evidence. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the 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 work resulting from the failure of the Vendor 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 Vendor's failure to maintain the required insurance. The Vendor 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 riglit 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 Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. ndminislrnlivc LisOudion H4709.1 ► 17 April 22. 1993 lsl IYinlinl; The Monroe County Board of County CUnIIIIISSIOners, its employees and officials will be included as "Additional Insured" on all policies, except for WOFkers' Compensation. 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 Risk Management. Adminislralive ImIniLllon r14709.1 18 April 22, 1993 Is1 Priniind )MONROE COUNTY, FLORIDA I.\SUR.iNCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "Y" will be required in the event an aNvard is made to your firm. Please review this form,,ith 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. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation WC] Employers Liability «'CZ X Employers Liability VJC3 Employers Liability WCUSLH US Longshoremen & Harbor Workers Act NVCJA Federal Jones Act /�dminisv�;ire 1R5(T71� lOp INSCKLST E4709.01 Statutory Limits $100,000/$500,000/$ 100,000 $500, 000/$500, 000/$500, 000 $1,000,000/$1;000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability re Apiif 22. 1773 IM Printing GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations- Products and Completed Operations • Blanket Contractual Personal Injury • Expanded Definition of Property Damage Required Limits: GLl GL2 G L3 X_ $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or v $300,000 Combined Single Limit $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 Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability AJI endorsements are required to have the same limits as the basic policy. Adminisirmlive lnsiriclion N4709.o 1 INSCKLST 7 c April 22. 1993 1 sl 1'ri nl ifg VEHICLE LIABILITY As a minimum, coverage should extend to liability for: _ • Owned; Nono,vned; and Hired Vehicles Required Limits: VL 1 VL2 VL3 BRI '\lVC PROI PR02 PR03 POLL POL2 POW ED1 ED2 GKl GK2 GK3 -NIED I 11ED2 MED3 x $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage - or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit MJSCELLANIEOUS COVERAGES Builders' Limits equal to the Risk completed project. Motor Truck Limits equal to the maximum Cargo value of any one shipment. Professional $ 250,000 per Occurrence/$ 500,000 Agg. Liability $ 500,000 per Occurrence/$1,000,000 Agg. $1,000,000 per Occurrence/S2,000,000 Avg. Pollution $ 500,000 per Occuri-ence/$1,000,000 AO(,(,' Liability $1,000,000 per Occurrence/$2,000,000 ALB. $5,000,000 per Occurrence/S10,0001000 Agg. Employee $ 10,000 Dishonesty $100,000 Garage $ 300,000 (S 25,000 per Veh) Keepers $ 500,000 (S l 00,000 per Veh) $1,000,000 ($250,000 per Veh) Nledical $ 500,000/$ 1,000,000 Agg. Professional $1,000,000/S 3,000,000 A�-g. $5,000,000M 0,000,000 Agg. Adminirtrativc Jrl,;L Vc ion 1NSCKLSf Y,4709.01 K April 22. 19A 1n Printing IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous S 300,000 (Requires MCS-90) VLP2 Cargo S 500,000 (Requires 1,ICS-90) VLP3 Transporter $1,000,000 (Requires;\iCS-90) BLL Bailee Liab. Maximum Value of Property HKLI Hangarkeepers S 300,000 HKL2 Liability S 500,000 -- HKL3 S 1,000,000 AIR 1 Aircraft $25,000,000 AIR-2 Liability $ 1,000,000 AID $ 1,000,000 AE01 AEO2 Architects Errors $ 250,000 per Occurrence/$ 500,000 Avg. & Omissions S 500,000 per Occur-rence/$1,000,000 Avg. AE03 S 1,000,000 per 0ceurrence/53,000,000 Avg. IINSURANCE 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 BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Adminiriziivc Jrnlruction #4709.01 INSCKLST Signature u 9 April 22. 1 r993 l sl Printing GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BEDVEEN .MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contracior shall obtain General Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a rrunimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable snail be: _ $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person S 1,000,000 per Occurrence S 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims ,Nfade policy, its proN,isions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for wllicli claims may be reported should extend fora 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. Admini<-wivc 1rKrudion GL3 94709.1 56 :April 22, 1993 Ic1 Prinling 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, limits acceptable shall be: S 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above reeuirements. Admini.,rztivc Irnlnulioa V L3 94709.1 1 April 22. 1993 1sI Printing POLLUTION LIABILITY INSURANCE; REQUIREMENTS FOR CONTRACT BETWEEN AMONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal 1?nvironmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, properly damage, and environmental damage caused by a pollution incident. The minimum limits of liability shall be: 51,000,000 per OccurrcnceiS2,000,000 Aggregatc If coverage is provided on a claims made basis, an extended claims reporting period 01'1our (4) years will be required. Adrninislralivc rntlruclinn POL2 1 N4709.1 70 April 22. 199.1 1st Printing 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: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire terns of the contract. Coverage shall be provided by,' company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by 1he 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. Administrative Iminiclion 1'Y C2 1k1709.1 82 f WI a, DATE (MMlDD/YY) . _ -. � 2/8/94 _ PRODUCER THIS TI ATE 109SUED AS A MATTER OF INFORMATION Southernmost Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1104 Truman Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 323 COMPANIES AFFORDING COVERAGE Key West, Fl. 33041 COMPANY A USF&G INSURED COMPANY Davis Water Analysis, Inc. B First Alliance Insurance Company COMPANY C General Star Indemnity P.O. Box 2584 Key West, Fl 33045-2584 APPROVED BY RISK MANAGEME COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCEEL T D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY RE(1HRfiftENT M CO ION�O CT OR OTHER OCUMENT WITH RESPECT THIS CERTIFICATE MAYTHSTANDING BE ISSUED OR MAY PKM THE N ITY THE POLICIES DESCRIBED HE HEREIN IS SUBJECT TO ALL THECH TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTRDATE TYPE OF INSURANCE POLICY NUMBER DTE (�IAFF POLICY( EXPIRATION LIMBS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000. A COMMERCIAL GENERAL LIABILITY X PRODUCTS-COMP/OP AGG $ 1,000,000. CLAIMS MADE X❑ OCCUR 1 CP30005858302 12128193 12128194 PERSONAL & ADV INJURY $ 11000,000. EACH OCCURRENCE $ 11000,000. OWNER'S & CONT PROT FIRE DAMAGE (Any one fire) $ 50,000. MED EXP (Any one person) $ 5,000. AUTOMOBILE LIABILITY ANY AUTO 1CP30005858302 12128193 12128194 COMBINED SINGLE LIMIT $ 1 , 000, 000. BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO Received RiskMgITIt. & Loss COItfI'OI AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ DATE C _ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM G — - --._. EACH OCCURRENCE $ AGGREGATE $ OTHER THAN UMBRELLA FORM - - ----------_-_._..-- _ WORKERS COMPENSATION AND --_ _- _---__----------- ____-__---- - s I STATUTORY LIMITS B EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNI=EXECUTIVE OFFICERS ARE: Ix EXCL WC-0730230 10121193 10121194 EACH ACCIDENT $ 500 000. DISEASE - POLICY LIMIT $ 500 000. DISEASE - EACH EMPLOYEE $ 500,000. -- — OTHER - - ------ --- General Aggregate $1,000,00 C Pollution Liability IYG319757 218194 218195 Each Occurrence $1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL REM Additional named insured: Monroe County Board of County Commissioners ATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Monroe County EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 5100 College Road _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Key West, Fl 33040 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Attn: Risk Mgmt __ A44n KIND UPON THE COMPANY, ITS AGENTS,OR REPRESENTATIVES. ACORD 03 3JS;i ( ) AUTHOR EPRESENTA t� 1n �J '! � AC��CORP'C�i�1993 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATU`TEC, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AIND SWORN TO IN THE PRESENCE OF A NOTARY PUBLII✓aft-. OTHER OFFICIAL AUTHORIZED TO AD)IINISTER OATHS. This sworn statement is submittzci to Monroe County Board of County Commissioners [print name of the public entity) by Joe Davis. President (print individual's name and title] for Davis Water Analysis, Inc [print name of entity submitting sworn statement] whose business address is operation aid w. � -•.� - • - - - u-a -u and (if applicable) its Federal Employer Identification Number (FEIN) is 59-2210462 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes .=wm.a: violation of any state or federal law by a person with respect to and directly related to the transactionaftlusiness with any public entity or with an agency or political subdivision of any other state or ofthe United States,iiiaiiiding, but not limited to, any bid or contract for goods or services to be provided to any public entity or anap¢ney or political subdivision of any other state or of the United States and involving antitrust, fraud, thcf,, tinibery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutmmmans a finding ofguilt or a conviction of a public entity crime, with or without an adjudication of guilt, in anyffAhral or state trial court of record relating to charges brought by indictment or information after July 1,1989,2esairesult of a jury verdict, nonjury trial, or entry of a pica of guilty or polo contendcre. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entitya3dw1io has been convicted ofa public entity crime. The term "affiliate" includes thoseofficersi directors,executivcssgnrtners, shareholders, employees, members, and agents who are active in the management of an affiliate. Throwimrship by one person of shares constituting a controlling interest in another person, or pooling of equipment(nrincome among persons when not for fair market value under an arm's length agreement, shall be a prima faemuse that one person controls another person. A person who knowingly enters into a joint venture with a persomwho has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered am affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natszaf person or entity organized under the laws of any state or of the United States with the legal power to enter intozfiinding contract and which bids or applies to bid on contracts for the provision of goods or services let by a publk entity, or which otherivise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are: active in management of an entily.1.2.3A.5. Based on information and belief, tite statement which I have marked below is true in relation tozae entity submitting; this sworn statement. [Indicate which statement applies.) —y— Neither the entity submitting; this sworn statement, nor any of its officers, directors, eaauutives, partners, shareholders, employees, members, or agents who -arc active in the management of themtity,.nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequc= to July 1, 1989. The entity submitting; this sworn statement, nor an), of its officers, directors, executives, Frtners, shareholders, employees, members, or agents who are active in the management of the entity, nor=a#fiIiate of the entity has been charged with and convicted of a public entity crime subsequent to July I, M9.. The entity submitting; this sworn statement, or one or more of its officers, directors, ejsutives, partners, shareholders, employees, members, or agents who arc active in the management of thcCordty, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequentranJuly 1, 1989. However, there has been a subsequent proceeding; before a Hearing; Officer of the State rtf&lbrida, Division of Administrative Hearings and the Final Order entered by the Hearing; Officer determi. wA that it was not in the public interest to place the entity submitting; this sworn statement on the convictetvendor list. [Attach a copy of the final order] G. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC EN71TY IDENTIFIED ON PARAGRAPH I (ONE) ABOVE IS FOR THATlI' BLIC ENTITY ONLY AND, THATTHIS FORM IS VALID THROUGH DECEMBER 31 OF THE CAIMSDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORNETHE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY Tl4'OO:FANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 4 [signature) Sworn to and subsc ' c before me this CjRO day of ersonally kn OR Produced identification (Type of identification) Form PUR 7068 (Rev. 06/11/92) Notary Public - State of :? tq/? o,,-, My Commission expires Z01-1M 5, (Printed typed or stamped commissioned name of notarvipublic) OFFiCTA, L NO�''1R r.i LOLITA S TAOC::': NOTp,'tY PUBLIC STATE C ' FLORIDA COMMISSION NO. CC's11274 iY_COMMiSSION EXP. ACHC. 22.ic97 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Davis Water Analysis, Tnr (Name of Business) 1. 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 occuring 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 if such 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 firm complies fully with the above e irements. Bidders Signature lq--3 at MCP#rS REV. 6/9f NON -COLLUSION AFFIDAVIT IJoe H. Davis , of the city of KP3A WpQt. F1 according to law on my oath, and under penalty of perjury, depose and say that; 1) I am Joe-H. Davis the bidder making the Proposal for the project described as follows: 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, dther 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 this affidavit in awarding contracts for:said project. (Si nature of Bidder) STATE OF fn� �(� Iq 3 COUNTY OF wl nro & DATE "inivid ED BEFORE ME, the undersigned authority, who, after first being sworn by me, (nghing ) affixed his/hersigna ure in the space provided above on this �D day of , 19 g , My commission a NOTP2Y PLJ,LIC S`'. i C" PLC ZIDA CGMMISSION NO. CC31, i274 my CohiD.4ic.310N EXP. AiJC. 22,1Q(r/ I� •. 0 • NW, owl ,• �i. SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Joe H. Davis warrants_. that_ he/it has not employed, retained or otherwise had act on he/its behalf any former County officer or employee subject to the prohibition 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 liability 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, employee. or consideration paid to the former County officer or (signature) Date: _T/ �&(z STATE OFcj COUNTY OF 1;; 2oV242_ . PER N LLY APPEARED BEFORE ME, the undersigned authority, vy who, after first being sworn by me, affixed his/her signature 22(name of individual signing) in the space A/ ro ided above on this mil' day of 19 , _ NOTARY PUBLIC LQLlT,q S 7A�,c640F, My commission expires: t ORIDA Clr::ft�.d Sa ,�1 .NO. 'CC;Ji 274 _li CGr.4f fiS�,ii;iJ F:aP AII� �2,1V_ Davis Water Analysis, Inc. P.O. Box 2584 Key West, Fl. 33045 Phonc/PAX (305) 296-3826 l 1/11/93 DRUG -FREE WORKPLACE GUIDLINES The folowing guidlines are to be read and endorsed by all employees of Davis Water Analysis to ensure compliance with our Drug -free Workplace Program. l . The unlawful manufacture, distribution, dispensing, possession, or use of an illegal or controlled substance in the workplace of this company is strictly prohibited. Employees suspected of any of the above are subject to immediate termination with little or no hope of ever working for Davis Water Analysis again. 2. Drugs in the workplace represent a very real work haz7ard. The very nature of the sewage industry is dangerous without introducing mind altering drugs which impair thought and decision making processes. If a drug problem is present, counseling at several local treatment centers is available and you are encouraged to seek whatever help is needed. Failure to seek professional medical help for drug dependency will preclude any consideration for reinstatement. 3. If an employee is charged or convicted of any drug related crime he/she must notify management of Davis Water Analysis of the charges and/or conviction no later than five days after said charges or conviction. Failure to notify Management in the time perscribed will preclude any consideration for reinstatement. 4. Any employee convicted of any drug related oflence willwillingly participate in local substance abuse counciling programs and with the sucessful completion of counseling will be considered for reinstatement. 5. Without exception, all employees of Davis Water Analysis will read, sign, and adhere to the above stipulations for a drug -free workplace. Signed: Joe Davis, Pres/Exc.Dir.: Mark Burkemper Pres/Sec.Tres.: ft Steve MacCarthy, Operator John Surprise, Operator: MONROE COUNTY BOCC - PURCHASING DEPARTMENT RFP/BID OPENING RECAP Bid Description: Waste Water Management, New Detention Facility Opening Date & Time: January 5, 1994 at 10:00AM Bidder/Vendor Per Month Per Hour Parts Mark Up Davis Water Anaylsis OMI - Operations Management International Inc. 13,281.03 40.00 35% 14,982.42 20.00 20% Bid Committee Present: Dick Cofer & Lisa Cherry - PUR Robe Wolfe - CAY, Steve McNicol - OMI, Ed Castle - OMI, Joe Davis - Davis Water Analysis, Jim Dore - NDF I hereby certify that this is a true and correct copy of the RFP/Bid opening. Dated this day of 1994. Nota Publi OFFICIAL NMARY SFAL SYLVIA ) PEREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC232377 tdx COMMISSION EXP, SEPT 2919%