Item C34BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/16/14 Division: Public Works
Bulk Item: Yes X No Department: Solid Waste Management_
Staff Contact: Rosa Washington/292 -4432
AGENDA ITEM WORDING: Approval of First Amendment of Langan Engineering Environ-
mental, Inc. contract, amending price list for biannual surface water testing/monitoring. The
only landfill to be tested will be Cudjoe. Cost to the County will be $6,580 per year, for a total of
$43,320 as amended.
ITEM BACKGROUND: When the original contract (and price list) with Langan Engineering
Environmental Inc., was approved by the BOCC, on April 18, 2012, there were three landfills (Key
Largo, Long Key and Cudjoe) that required biannual surface water testing /monitoring. The Key Largo
and Long Key are no longer under Post Closure maintenance obligation to monitor surface water. Due
to the construction taking place at the Cudjoe landfill we will continue to sample the water wells until
the condition of the landfill is re- evaluated after construction is completed, and the Florida Department
of Environmental Protection (FDEP) releases this property from its Post Closure maintenance
schedule.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES: Updated Price List
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 43,320.00
BUDGETED: Yes X No
COST TO COUNTY: $43,320.00 SOURCE OF FUNDS: 414 - 40000 - 530310
REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: N/A
(approximately)
APPROVED BY: County Atty OM /Purchasing N/A Risk Management _
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Langan Engineering Environmental Inc. Contract #
Effective Date:
Expiration Date
04/18/2012
12/31/2017
Contract Purpose /Description: ADaroval of First Amendment of Lanaan Enaineerina Environ-
mental Inc. contract, amending price list for biannual surface water testing /monitoring. When
the County originally entered into the contract our obligation was to test surface water at all
landfills. In July 2013, Florida Department of Environmental Protection released the Key Largo
and Lona Kev from that obligation, oniv Cudioe landfill remains under that agreement.
Contract Manager: Rosa Washington 4432 Public Works - #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on January 16, 2014 Agenda Deadline: December 31, 2013
CONTRACT COSTS
Total Dollar Value of Contract:
Budgeted? Yes® No ❑
Grant: $-0-
County Match:
Estimated Ongoing Costs: $ n/a
(Not included in dollar value above)
ADDITIONAL COSTS
_/yr. For:
maintenan
CONTRACT REVIEW
Changes
Dat In Needed
Division Director 113 Yes❑ No❑�'
Risk Management - YesN Non
O.M.B. /Purc acing - YesN No[o
County Attorney Q- k-S�L[L _ YesX No
Comments:
$ 43 ,320 Current Year Portion: $ 6 ,5_80
Account Codes: 414 - 40000 - 530310
OMB Form Revised 2/27/01 MCP #2
t�
FIRST AMENDMENT TO CONTRACT FOR THE GROUNDWATER AND SURFACE
WATER SAMPLING AND ANALYSIS
from
KEY LARGO LANDFILL, LONG KEY LANDFILL AND CUDJOE LANDFILL, MONROE
COUNTY, FLORIDA
This First AMENDMENT to the Contract for the Groundwater and Surface Water Sampling
and Analysis, from the Key Largo Landfill, Long Key Landfill and Cudjoe Landfill, is made and
entered into on this 16th day of January 2014, by and between the Board of County
Commissioners of Monroe County, Florida (hereafter "COUNTY" or "BOARD "), whose address
is 1100 Simonton Street, Key West, FL 33040, and Langan Engineering Environmental, Inc.,
(hereafter "CONTRACTOR ") whose corporate address is 619 River Drive Center 1, Elmwood
Park, New Jersey 07407 -1338, and State of Florida address is 15150 NW 79th Court, #200,
Miami Lakes, Fl. 33016.
WITNESSETH
WHEREAS, The Key Largo Landfill was closed under Consent Order 89 -0513 and Long Key
Landfill was closed under Consent Order 89 -0446, which imposes long term care obligation;
and
WHEREAS, on the 18 day of April 2012, the parties entered into the AGREEMENT for the
Groundwater and Surface Water Sampling and Analysis, from the Key Largo Landfill, Long Key
Landfill and Cudjoe Landfill to be performed as a long care obligations ; and
WHEREAS, in July 2013 the Long Key and Key Largo landfills were released from long care
obligations, including Groundwater monitoring, by the Florida Department of Environmental
Protection pursuant to Florida Administrative Code (F.A.C.) Rule 62- 701- 620(3)(c); and
WHEREAS, since groundwater sampling is no longer required at the Long Key and Key Largo
Landfills the agreement should be amended to only include the Cudjoe Key landfill as part of
the groundwater and surface water sampling and analysis;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties
hereby agree as follows:
1. Amend /update the Contract to delete Key Largo and Long Key landfills and reflect
that the Cudjoe Landfill /Transfer Station is the only Monroe County landfill under
the long term care program, including Groundwater and Surface Water Sampling
and Analysis as outlined in the original document.
a. To wit, specifically amend Section II Fee /Availability of Funds /Costs to read:
Fees under this CONTRACT will be set forth on Attachment A (Breakdown of Costs), attached
hereto and incorporated herein.
The funds to be paid are subject to annual appropriation by the Monroe County Board
of County Commissioners. If funds cannot be obtained or cannot be continued at a level
sufficient to allow for continued reimbursement of expenditures for services specified
herein, this agreement may be terminated immediately at the option of the COUNTY by
written notice of termination delivered to the CONTRACTOR. The COUNTY shall not be
obligated to pay for any services or goods provided by the CONTRACTOR after the
CONTRACTOR has received written notice of termination, unless otherwise required by
law.
The County shall pay the Contract Sum of Three Thousand Two - hundred and Ninety
Dollars ($3290) per sampling event, which includes the sampling of the Cudjoe Key
Landfill. There are two sampling events per year, May and November. This contract
shall not exceed $6,580 annually or $43,320 over the lifetime of the Contract. The
contract amount agreed to herein may be adjusted biennial, in accordance with the
percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI -U) for
the most recent 12 months available.
b. To wit, specifically amend Section VI Scope of Work, Part 2 Sampling to read:
The CONTRACTOR shall sample a total of Five (5) ground water monitoring wells at the
Cudjoe Key landfill; located off US Highway at MM 21.5, MW- CKI,2, 3,4 and 5, in accordance
with the FDEP approved longterm monitoring plan for the facility:
2. The remaining terms of the AGREEMENT, not inconsistent herewith, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the
date stated above.
(SEAL)
Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
Mayor
A test:
�W r itnes
I
Witness
GROUNDWATER • ANALYSIS ATTACIM
CUDJOE KEY LANDFILL
MONROE COUNTY, FLORIDA
- ---------
Landfill
Sampling
I Analysis
Waste Qis osal
a o
Total
L. 2udioe Landfill
$820
I $1,330
1 190
$910
$3,290
CONTRACT FOR GROUNDWATER AND SURFACE WATER SAMPLING
AND ANALYSIS
From
KEY LARGO LANDFILL, LONG KEY LANDFILL and CUDJOE LANDFILL,
MONROE COUNTY, FLORIDA
THIS CONTRACT, for the Groundwater and Surface Water Sampling and Analysis, from the Key Largo
Landfill, Long Key Landfill and Cudjoe Landfill, entered into on this 18th day of April 2012, by and
between the Board of County Commissioners of Monroe County, Florida (hereafter "COUNTY" or
"BOARD "), whose address is 1100 Simonton Street, Key West, FL 33040, and Langan Engineering
Environmental, Inc., (hereafter "CONTRACTOR ") whose corporate address is 619 River Drive Center 1,
Elmwood Park, New Jersey 07407 -1338, and State of Florida address is 15150 NW 79 Court, #1200,
Miami Lakes, Fl. 33016.
WHEREAS, as part of the permits and consent orders for the three Monroe County Landfills
( Cudjoe, Long Key and Key Largo) the Florida Department of Environmental Protection (DEP) requires
groundwater and surface water at each of the landfills to be sampled and analyzed for the required
monitoring parameters as per Florida Administrative Code (F.A.C.) Rule 62 -701, Solid Waste Manage-
ment Facilities (including, F.A.C. Rule 62- 701.510(9), Water quality monitoring reporting); and
WHEREAS, sampling events will occur on a semi - annual basis (May and November) with
the report of the analysis submitted to DEP (electronically) and other agencies within thirty (30)
days of the sampling event; and
WHEREAS, Contractor shall sample a total of eleven (11) groundwater monitoring wells
at three (3) separate landfill sites, as follows:
1. Five (5) at Cudjoe Key; located off US Highway at MM 21.5,
2. Three (3) at Long Key; located on US Highway 1 at MM 68,
3. Three (3) at Key Largo; located on CR 905 (take Card Sound Road from Florida City);
and
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
I. TERMS OF CONTRACT:
The term of the CONTRACT shall be from April 18. 2012 to December 31. 2017 a period of sixty eight
(68) months. This CONTRACT may otherwise be terminated as detailed in Sections XVII and XVIII. The
contract consists of this document; all change orders, the bid documents (including Breakdown of Costs
list) exhibits and any addenda only. Any change order(s) must be approved by Contract Administrator.
II. FEES /AVAILABILITY OF FUNDS /COSTS:
Fees under this CONTRACT will be set forth on Attachment A (Breakdown of Costs), attached hereto and
incorporated herein.
The funds to be paid are subject to annual appropriation by the Monroe County Board of County
Commissioners. If funds cannot be obtained or cannot be continued at a level sufficient to allow for
continued reimbursement of expenditures for services specified herein, this agreement may be
terminated immediately at the option of the COUNTY by written notice of termination delivered to the
CONTRACTOR. The COUNTY shall not be obligated to pay for any services or goods provided by the
CONTRACTOR after the CONTRACTOR has received written notice of termination, unless otherwise
required by law.
The County shall pay the Contract Sum of Eight Thousand Five Hundred Dollars - ($ 8,500) per sampling
event, which includes the sampling of all three landfills (Key Largo, Long Key, Cudjoe). There are two
sampling events per year, May and November. This contract shall not exceed $17,000 annually or
$102,000 over the lifetime of the Contract. The contract amount agreed to herein may be adjusted
biennial, in accordance with the percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI -U) for the most recent 12 months available.
111. PAYMENT: Request for payment will be made by submitting an invoice to the COUNTY via the
Solid Waste Management Office. The period covered by each request for payment shall be one
calendar month ending on the last day of the month. Each request for payment shall be based
upon the price list submitted by the CONTRACTOR /Attachment A. COUNTY shall pay pursuant
to the Local Prompt Payment Act, F.S. 218.70. The CONTRACTOR's final invoice must be
received within sixty days after the termination date of this CONTRACT as shown in Article I.
IV, NO SOLICITATION /PAYMENT: The CONTRACTOR and COUNTY warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this CONTRACT and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to
terminate this CONTRACT without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
V. MAINTENANCE of RECORDS: CONTRACTOR shall maintain all books, records, and documents
directly pertinent to performance under this CONTRACT in accordance with generally accepted
accounting principles consistently applied. Each party to this CONTRACT or their authorized
representative, or its designee, shall have reasonable and timely access to such records of each
of party to this agreement for public record purposes during the term of the agreement and for
four (4) years following the termination of this CONTRACT. If an auditor employed by the
COUNTY or Clerk determines that monies paid to contractor pursuant to this CONTRACT were
spent for purposed not authorized by this CONTRACT, the CONTRACTOR shall repay the monies
together with interest calculated pursuant to Sec. 550.03, F.S., running from the date the
monies were paid to CONTRACTOR.
VI. SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation, services, and
incidentals, and perform all the work necessary in accordance with the specifications entitled:
N
GROUNDWATER AND SURFACE WATER SAMPLING AND ANALYSIS FROM KEY
LARGO LANDFILL, LONG KEY LANDFILL, CUDJOE LANDFILL.
Part 1 - MONROE COUNTY, FLORIDA SPECIFICATIONS
Work to be coordinated with the Monroe County Solid Waste Department, contact person for Monroe
County is Rosa Washington, Senior Solid Waste Administrator, (305) 292 -4432, and site contact person is
Bill Grant, Supervisor, (305) 664 -2263.
CONTRACTOR shall adhere to the following:
A. Florida Administrative Code (F.A.C.) Rule 62 -701, Solid Waste Management Facilities.
B. Florida Administrative Code (F.A.C.) Rule 62- 701.510(9), Water Quality Monitoring
Reporting.
C. All Monroe County applicable "Codes and Regulations."
D. Any damages by the contractor shall be repaired at no extra cost to Monroe County.
E. Upon completion, the contractor shall clean up the work site of all equipment, materials and
debris.
The schedule to perform the work will require coordination with the Monroe County Solid Waste
Department.
The CONTRACTOR shall designate a representative to work with the County and to be available to
answer any questions concerning the testing, the process and or the reporting schedule.
The CONTRACTOR shall be responsible to obtain, including payment thereof, any necessary permits
during the term of this contract.
The CONTRACTOR shall provide to COUNTY prior to commencement of each testing event a time
schedule for completion of the services requested.
Part 2 - SAMPLING
The CONTRACTOR shall sample a total of eleven (11) ground water monitoring wells at three (3)
separate landfill sites listed below, in accordance with the FDEP approved long term monitoring plan for
the facilities:
A. Five (5) at Cudjoe Key; located off US Highway at MM 21.5, MW -CK1, 2, 3, 4 and 5
B. Three (3) at Long Key; located on US Highway 1 at MM 68, MW -LK -1, 2 and 3
C. Three (3) at Key Largo; located on CR 905 (take Card Sound Road from
Florida City; MW -KL -1, 2 and 3
The CONTRACTOR shall also sample three (3) surface water monitoring locations, one at the
following field parameters will be tested during the sampling event:
Static water level in wells before purging
Specific conductivity
pH
Temperature
Color and Sheens (by observation)
3
Part 3 - ANALYSIS
The CONTRACTOR shall perform a laboratory analysis of the samples for the following parameters:
Total Dissolved Solids
Total Organic Carbon
Total Phosphorous
Nitrite
Zinc
Mercury
Cadmium
Total Suspended Solids
Total Nitrogen
Total Kjeldahl Nitrogen
Nitrate
Lead
Chromium
Nickel
The Key Largo Landfill ground water monitoring well samples require additional analysis for Ammonia.
The surface water samples require additional analysis for the following parameters:
Chemical Oxygen Demand Ammonia
Chloride Sulfate
Aluminum Arsenic
Iron Fecal Coliform
The following field parameters forthe surface water sample must be noted on the lab report:
Conductivity
Dissolved Oxygen
pH
Temperature
Turbidity
Groundwater samples and equipment blanks will be collected from the monitoring wells and
analyzed for the following parameters:
Metals: Cadmium, Chromium, Nickel, Mercury, Lead and Zinc by EPA Method 60106
Total Organic Carbon by EPA Method 5310C
Nitrate (as N) by EPA Method 353.2
Nitrite (as N) by EPA Method 353.2
Total Nitrate /Nitrite by EPA Method 353.2
Kjedhal Nitrogen by EPA Method 351.2
Total Nitrogen — Lab calculation
Phosphorus (as P) by EPA Method 365.4
Total Dissolved Solids (TDS) by EPA Method SM2540C
Total Suspended Solids by (TSS) EPA Method SM2540D
TEST RESULTS NOTIFICATION
The CONTRACTOR will notify the County immediately if testing results do not meet the required
perimeters as set by the Florida Department of Environmental Protection (FDEP), as part of the permits
and consent orders for the three Monroe County Landfills (Cudjoe, Long Key and Key Largo).
CONTRACTOR will immediately notify the County if there will be any additional costs incurred beyond
the fees that are included in this contract.
4
REPORTS The CONTRACTOR shall summarize the results from the analyses in a report form for
each individual landfill. The reports shall include but are not limited to:
An updated groundwater table contour map signed and sealed by a professional
geologist or professional engineer with experience in hydrogeologic investigations,
with contours at no greater than one -foot intervals unless site specific conditions dictate
otherwise, which indicates ground water elevations and flow direction. F.A.C. Rule
62- 701.510(9)(a)9.
Graphs that show the concentrations of specific parameters of each sample over time.
A summary of any quality standards or criteria that are exceeded.
The analytical results listed on the required DEP report forms
The CONTRACTOR shall submit the specified number of copies to the County and the following agencies
within 30 days of the sampling event and one hard copy original submitted in electronic version to FDEP
as per F.A.C. rule 62- 701.510(9)(a):
Florida Department of Environmental Protection 1 original and electronic
South District Office
2295 Victoria Avenue, Suite 364
Fort Myers, Florida 33901
Attn: Frank Nemec, P.G.
Monroe County Solid Waste 1 original
1100 Simonton Street, Room 2 -231
Key West, Fl. 33040
Attn: Rosa Washington
If there will be a delay reporting, the CONTRACTOR is solely responsible for notifying Monroe County
and the Florida Department of Environmental Protection (FDEP), in writing at the same addresses where
the reports are sent. Electronic notification is accepted followed by a written notification to all
concerned parties.
A. HURRICANE OR OTHER NATURAL DISASTERS: Within seven (5) days following the
event of a hurricane or any natural disaster CONTRACTOR shall contact the COUNTY to
schedule a sampling event, if needed, or to schedule future sampling events.
VII. CONTRACTOR'S LICENSE:
The CONTRACTOR shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to implement this program.
5
VIII. INDEMNIFICATION AND HOLD HARMLESS:
The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and
Monroe County Board of County Commissioners, its officers and employees from liabilities, damages,
losses and costs, including but not limited to, reasonable attorneys' fees, for any and all losses and
damages, including claims for bodily injury, including death, personal injury, and property damage,
including property owned by Monroe County, to the extent caused by the negligence, recklessness, or
intentional wrong conduct of the CONTRACTOR, subcontractor(s) and other persons employed or
utilized by the CONTRACTOR in the performance of the contract.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this CONTRACT.
IX. SECTION HEADINGS
Section headings have been inserted in this CONTRACT as a matter of convenience of reference only,
and that it is agreed that such section headings are not a part of this CONTRACT and will not be used in
the interpretation of any provisions of this CONTRACT.
X. SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this CONTRACT except in writing
and with the prior written approval of the Board of County Commissioners for Monroe County and the
CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract
and any assignee or subcontractor shall comply with all of the provisions of this CONTRACT. Subject to
the provisions of the immediately preceding sentence, each party hereto binds itself, its successors,
assignees and legal representatives to the other and to the successors, assigns and legal representatives
of such other party. The CONTRACTOR shall not assign its right hereunder, excepting its right to
payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY.
XI. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in
favor of, any third party.
XII. GOVERNING LAW, VENUE, INTERPRETATION, COST AND FEES
This CONTRACT shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that any cause of
action or administrative proceeding is instituted for the enforcement or interpretation of this
CONTRACT, COUNTY and CONTRACTOR agree that venue will lie in the 16 Judicial Circuit, Monroe
County, Florida. This CONTRACT shall not be subject to arbitration. The COUNTY and CONTRACTOR
agree that, in the event of conflicting interpretations of the terms or a term of this CONTRACT by or
between any of them the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
XIII. NON- DISCRIMINATION:
COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that discrimination
has occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. COUNTY and CONTRACTOR agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.
6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL
91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13,
Art. V1, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this CONTRACT.
XIV. PUBLIC ACCESS
The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in
conjunction with this Contract; and the COUNTY shall have the right to unilaterally cancel this Contract
upon violation of this provision by CONTRACTOR.
XV. PUBLIC RECORDS:
The CONTRACTOR shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XVI. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and /or acceptance by the COUNTY of any defect in the services furnished by the
CONTRACTOR, shall not operate as a waiver by the COUNTY of strict compliance with the terms of this
CONTRACT, and specifications covering the services. COUNTY may immediately terminate the
CONTRACT due to any violations by CONTRACTOR of criminal statutes. Any other CONTRACTOR breach
of this CONTRACT shall be governed by the article below on termination for cause.
XVII. TERMINATION WITHOUT CAUSE:
The COUNTY may terminate this agreement without cause by providing the CONTRACTOR with written
notice of termination at least sixty (60) days prior to the date of termination. The COUNTY shall pay for
any such work in progress that is completed by the CONTRACTOR and accepted by the COUNTY prior to
the date of termination stated in the notice.
XVI11. TERMINATION WITH CAUSE:
The COUNTY and the CONTRACTOR may terminate this agreement for cause if there is a default in the
performance of any of its obligations under this agreement. Default shall include the occurrence of any
one of the following events and same is not corrected to the satisfaction of the COUNTY or
CONTRACTOR within fifteen (15) days after written notice of said default for either of the following:
A. Failure to perform inspections.
B. Breach of any other term, condition or requirement of this agreement.
XIX. DISCLOSURE AND CONFLICT OF INTEREST:
A. The CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall
notify the COUNTY of any financial interest it may have in any and all contracts with Monroe
County.
XX. NON - WAIVER OF IMMUNITY:
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR
and the COUNTY in this CONTRACT and the acquisition of any commercial liability insurance coverage,
self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the
COUNTY be required to contain any provision for waiver.
XXI. PRIVILEGES AND IMMUNITY:
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the COUNTY, when performing their
respective functions under this CONTRACT within the territorial limits of the COUNTY shall apply to the
same degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
XXII. FINANCIAL RESPONSIBILITY:
The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for
any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this contract.
XXIII. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL
INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Where applicable,
worker's compensation coverage to apply for all employees at a minimum statutory limit as
required by Florida Law, and Employer's Liability coverage in the amount of $100,000.00 bodily
injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily
injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE Motor vehicle liability
insurance, including applicable no -fault coverage, with limits of liability of not less than
$300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. If single limits are provided, the minimum acceptable limits are $50,000.00
per person, $100,000.00 per occurrence, and $25,000.00 property damage. Coverage shall
include all owned vehicles, all non -owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY Commercial general liability coverage, including Premises
Operations, Products and Completed Operations, Blanket Contractual Liability, and Expanded
Definition of Property Damage, with limits of liability of not less than $300,000.00 per
occurrence, $100,000.00 per person, $50,000.00 property damage, combined single limit
$300,000.00.
CERTIFICATES OF INSURANCE Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days' written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
XXIV. NO PERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this CONTRACT or be subject
to any personal liability or accountability by reason of the execution of this CONTRACT.
XXV. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
Monroe County Administrator and Dent Pierce, Director and County Attorney
1100 Simonton Street Monroe County Public Works 1111 12' St., Suite 408
Key West, FL 33040 1100 Simonton St., Rm. 2 -231 P.O. Box 1026
Key West, FL 33040 Key West, FL 33041
FOR CONTRACTOR:
Vincent D. Yarina, P.G., CEM and
Senior Associate/Vice President
LANGAN Engineering & Environmental Services
15150 N.W. 70 Court, #200
Miami Lakes, Fl. 33016
Cristina M. Gonzalez, P.E.
Principal
LANGAN Engineering & Environmental Services
15150 N.W. 79 °i Court, #200
Miami Lakes, Fl. 33016
XXVI. TAXES:
The COUNTY is exempt from payment of Florida State Sales and Use taxes.
XXVII. SEVERABILITY
If any term, covenant, condition or provision of this CONTRACT (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall
not be affected thereby; and each remaining term, covenant, condition and provision of this Contract
shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Contract would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to
reform the CONTRACT to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
XXVIII. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding
is initiated or defended by any party relative to the enforcement or interpretation of this CONTRACT,
the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award
against the non - prevailing party, and shall include attorney's fees and courts costs expenses in appellate
proceedings, as an award against the non - prevailing party. Mediation proceedings initiated and
conducted pursuant to this CONTRACT shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe County.
XXIX. BINDING EFFECT
The terms, covenants, conditions, and provisions of this CONTRACT shall bind and inure to the benefit of
the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns.
XXX. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
CONTRACT have been duly authorized by all necessary COUNTY and corporate action, as required by
law.
XXXI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no resolution
can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be
10
discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this CONTRACTor by Florida law. This provision does not negate orwaive
the provisions concerning termination or cancellation.
XXXII. COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this Agreement, and
that only interest of each is to perform and receive benefits as recited in this Agreement.
XXXIII. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply
with the standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
XXXIV. PUBLIC ENTITIES CRIMES
A person or affiliate who has been place on the convicted vendor list following a conviction for public
entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list.
By signing this CONTRACT, CONTRACTOR represents that the execution of this CONTRACT will not
violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), violation of this section shall
result in termination of this CONTRACT and recovery of all moneys paid hereto, and may result in
debarment from COUNTY'S competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no determination,
based on an audit that it or any sub - consultant has committed an act defined by Section 287.133, as
"public entity crime ", and that it has not been formally charged with committing an act defined as a
"public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been
placed on the convicted vendor list.
XXXV. AUTHORIZED SIGNATORY:
The signatories below represent that they have full authority to execute this agreement on behalf of
their respective agencies.
I1
XXXVI. ENTIRE AGREEMENT:
This CONTRACT constitutes the entire agreement between the COUNTY and the CONTRACTOR for the
services contemplated herein. Any amendments or revisions to this CONTRACT must be in writing and
be executed in the same manner as this CONTRACT.
*"
114"WIINES5 WHEREOF the parties hereto have executed this CONTRACT on the day and date first
w tteh abPv '.,\
3,. Att �V DANNVIL. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
a OF MONROE COUNTY, FLORIDA
By: -
By:
Deputy Clerk
Mayor /Chairman
(SEAL)
CONTRACT
Attest:
By: -
By:
WITNESS
vincent D. Yarina, CEM
Title:
Title: Senior A /vi President
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ATTACHMENT A
GROUNDWATER AND SURFACE WATER SAMPLING AND ANALYSIS
MONROE COUNTY CLOSED LANDFILLS
MONROE COUNTY, FLORIDA
BREAKDOWN OF COSTS
L
Sam ling
Analysis
Waste Disposal
ReE2rts
Total
Cudjoe Landfill
$820
$1,330
$190
$950
$3,290
, Key Largo Landfill
$490
$1,015
$190
$910
$2,605
Long Key Landfill
$490
$1,015
$190
$910
$2,605
Total:
$1,800
$3,360
$570
$2 * 770
$8,500
GROUNDWATER AND SURFACE WATER SAMPLING AND ANALYSIS
MONROE COUNTY CLOSED LANDFILLS
MONROE COUNTY, FLORIDA
LOBBYING AND CONFLICT OF INTEREST FORM
SWQRN STATEMENT UNDER ORDINANCE N0, 10 -1999
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
Langan Engineering and Environmental Services, Inc. warrants that he /it has not employed
retained or otherwise had act on his/its behalf any former County officer or employee in violation
of Section 2 of Ordinance No. 10 -1990 or any County officer or employee in violation of Section
3 of Ordinance No. 10 -1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without 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, or consideration paid to the former County officer or employee.
STATE OF Florida
a
(signature)
Date: S (Z-
COUNTY OF Miami -Dade
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Cn yi i �V1 (a cn Z& ( @P, after first being sworn by me, affixed his/her signature (name
of individual signing) in the space provided above on this day of
(1A1 r c K, , 20_12
My commission expires: 5) I `F I A a 11
OMB - MCP FORM ##4
CORINTHIA SEILER
Notry Public - StMe of RorMa
My Conan. 150m RW 14, 2014
Commission • DD 979529
On I Thmuo II ", 'NoWyAun.
Bid Documents 1 -4 January 2012
GROUNDWATER AND SURFACE WATER SAMPLING AND ANALYSIS
MONROE COUNTY CLOSED LANDFILLS
MONROE COUNTY, FLORIDA
NON - COLLUSION AFFIDAVIT
L
Cristina M. Gonzalez, PE of the city of Miami Lakes
I,
according to law on my oath, and under penalty of perjury, depose and say that:
I Ism Principal
ofthe firm of Langan Eng ineering and Environmental Services, Inc.
the bidder maWn the Proposal for the project described in the Notice for Calling for bids for
I Groundwater and Surface Water Sampling and Analysis
and that I executed the said proposal with full authority t do so:
I 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,
I 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
I 4. no attempt has been made or will be made b the bidder to induce any other person, partnership
or corporation to submit, or not to submit, a bid for the purpose of restricting competition;
Eld Doaments 1 -3 January 2012
GROUNDWATER AND SURFACE WATER SAMPLING AND ANALYSIS
MONROE COUNTY CLOSED LANDFILLS
MONROE COUNTY, FLORIDA
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that.
Langan Engineering and Environmental Services, Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manuf tchire, 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 or
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 o& or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, ur 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 -tree workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidder "s Si ,
- 5 1 5 1 k2
Daft
OMB - MCP#5
Bid Docurnents 1 -5 January 2012
GROUNDWATER AND SURFACE WATER SAMPLING AND ANALYSIS
MONROE COUNTY CLOSED LANDFILLS
MONROE COUNTY, FLORIDA
Bidder's/Respondent's Insurance and Indemnification Statement
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury
• Expanded Definition of Property
Required Limits
Statutory Limits
$100,0001$500,000 1$100,000
$300,000 Combined Single Limit or
$100,000/$300,000 /$50,000
Vehicle Liability
$100,000 Combined Single Limit or
$50,000/$100,000 /$25,000
INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR
The Contractor covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including property owned by Monroe County,
and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by the Contractor
or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act
or omission of the Contractor, including its Subcontractor(s) in any tier, their officers, employees,
servants or agents.
In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase
or maintain the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Contract.
BIDDER'S /RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with
all the requirements. Y
1 ki
Criat M. G onzalez, PE, Principal a�'
Bidder/Respondent — Signature
Bid Documents 1 -6 January 2012