Loading...
08/12/1998 Agreement I I . .Jrn om~ 888~0 OVERSE~ HIGHWAY PLANTATION KEY, FL<DRIDA 33070 TEL. (~5) 852.7145 FAX (/ 5) 852-7146 J)annp 1.. J101bage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 MEM.QBAli~YM TO: Dent Pierce, Director Public Works Division FROM: Isabel C. DeSantis, Deputy Clerk ~ C.~ October 9, 1998 DATE: 1- As you know, at the August 12, 1998 meeting, the Board g~anted! I approval to award bid to Ecosystematics, Inc. (the lowest responsive bidder) for operation and maintenance of the Plantation Key Government Complex Sewage Treatment Plant, and authorized execution of same. Enclosed is a fUlly-executed duplicate original of the above document for your return to the contractor. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: Finance County Administrator, w/o doc. County Attorney yiile .1 " :J:: U) C) Cl CX) ::z: )> SECTION THREE ::ry",,?~~ g: Or-d. -4- M:;:It:-< CON T R ACT no r ,! ( DC")- U) c: --~ THIS AGREEMENT, made and entered into this 12th day of ~~t,~ 1998 between Monroe County, Florida, party of the first ~~ == (hereinafter sometimes called the "Owner"), and ECOSystEtila!titc~~ Inc., party of the second part (hereinafter sometimes c~llem "Contractor" ) . ." - r- ,." o ." C> :::0 ::0 l"T1 ("') o ::0 o WIT N E SSE S: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 3.01 SCOPE OF THE WORK The Contractor shall furnish all material, labor, and equipment to operate and maintain the Plantation Key Government Complex Sewage Treatment Plant in accordance with the Contract Specifications and his bid dated July 31, 1998, each attached hereto and incorporated as part of this contract document. 3.02 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.03 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. 3.04 ASSIGNMENT The Contractor shall not assign this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board and Contractor may deem necessary. Thi~ agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the Section:) - Page I provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed-upon price of the services/goods of the contrac- tor. 3.05 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 Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. 3.06 INSURANCE The CONTRACTOR will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms GLl, VLl, WCl, GIRl, & GIR2, each attached hereto and incorporated as part of this contract agreement. 3.07 HOLD HARMLESS The CONTRACTOR shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCS1, attached hereto and incorporated as part of this contract agreement. 3.08 TERM OF CONTRACT This contract shall be for a period of one year, commencing on August 15, 1998 and terminating on August 14, 1999. Services shall commence on the effective date of this agreement. 3.09 CANCELLATION A) The County may cancel this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Section :l - Page 2 3.10 RENEWAL The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for four (4) additional one year periods. The contract amount agreed herein may be adjusted annually 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 cPt computation from January 1 through December 31 of the previous year, or by the actual increase in cost and labor, whichever is less. Increases in the contract amount during each option year period shall be extended into the succeeding years. 3.11 FUNDING AVAILABILITY Notwithstanding anything contained elsewhere in this contract, if funds for Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board by written notice of termination delivered in person or by mail to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 3.12 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, subject to the terms and conditions set forth in the Specification Manual dated December 27, 1994, which is attached hereto and incorporated herein as a part of this contract/agreement. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 3.13 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 Public Works Facilities Maintenance Dept. 3583 S. Roosevelt Boulevard Key West, FL 33040 FOR CONTRACTOR Ecosystematics, Inc. 203 Apache Street Tavernier, FL 33070 Section] - Page] 3.14 PAYMENT The County shall pay to the Contractor for the performance of said service on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for sewage treatment plant operation and maintenance performed under the Specifications contained herein. The Contract amount shall be as stated in the contractor's proposal as follows: A. Monthly operation and maintenance services - $342.00 per month. B. Repairs (routine, prior approval required) - Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday - $30.00 per hour. C. Emergency service call - Overtime rate for hours other than the normal working hours as stated in Article 3.14B, including holidays - $30.00 per hour. D. Handling Fee for parts required for operation, maintenance, repairs, and emergency service - Cost + 15%. E. Handling Fee for materials, chemicals, and repairs by subcontractors - Cost + 15%. F. Chlorine tablets - $90.00 per forty (40) pound pail. G. Sludge removal above and beyond the three (3) per year included as regular maintenance - Cost + 13.5% Payment for repairs, emergency service call, handling fee for parts, materials, chemicals, and chlorine tablets shall not exceed $500.00 per month. Section 3 - Page 4 In witness whereof, the parties hereto have executed this agree- ment the day and year first above written, \. Attest. ~'--0\ /' - , " ~ / " ............. -.- I ' I .... ~ ,\....l r:! <- ;; . '\ .:.,~'- ;. ~- . ': \';-.. ~ ~. , . :-. ,I , \ ,r D.ANNY tL,.- ~ LHAGE, ~, ,." Clerk Mayor/Chairman ~_c..~~~ Clerk ECOSYSTEMATICS, INC. By eel SeLL--- Attest: ~J ~~_ 0"'''-''''' A.f t-1 (oS ~~N~ /2R~T J3. GcrcJ //1 Section:; - Page 5 MONROE COUNTY PUBLIC WORKS DIVISION FAC" ,!TIES MAINTENANCE DEPARTMENT CONTRACT SPECIFICATIONS OPERATION AND MAINTFNANCF OF SEWAGE TREATl\.lENT PLANT PI ~;\NTATION KLY GOVERNJ'vlENT COI\.1PI ,EX PLANTATION KEY MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Mayor Jack London, District 2 Mayor Pro- Tem Wilhelmina G. Harvey, District 1 Shirley Freeman, District 3 Keith Douglass, District 4 Mary Kay Reich, District 5 COUNTY ADMINISTRATOR James L. Roberts DIRECTOR OF PUBLIC WORKS Dent Pierce CLERK OF THE CIRCUIT COURT Danny L. Kolhage FACILITIES MAINTENANCE DIRECTOR Carlos Zarate Prepared By: Cindy Sawyer, Contract Monitor JUNE, 1998 SECTION ONE INSTRUCTIONS TO BIDDERS 1.01 INSURANCE/INDEMNIFICATION/HOLD HARMLESS A. The CONTRACTOR shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCS1. B. The CONTRACTOR will be responsible for all necessary insur- ance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms GL1, VL1, WC1, GIRl, & GIR2, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. C. If the bidder is exempt from Workers Compensation under Florida Statute 440, a copy of the exemption certificate is to be submitted with the proposal. Workers Compensation Insurance will only be waived for those companies that demonstrate that they are exempt employers. D. Certificates of Insurance must be provided to Monroe County within fifteen days after award of bid/proposal. If the proper insurance forms are not received within the fifteen days, bid/proposal may be awarded to the next selected bidder. 1.02 DISQUALIFICATION OF BIDDERS A. One Proposal: Only one proposal from an individual, firm, partnership or corporation under the same or under different names will be considered. If it is discovered that a bidder is interested in more than one proposal for the work in- volved, all proposals in which such a bidder is interested may be rejected. B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the bidders, the bid or proposals of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future bids or proposals for the same work. C. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract 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 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 Section I - Page I amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $10,000.00. D. ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed ETHICS CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in disqualification of your bid or proposal. E. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. F. Failure to attend the mandatory site inspection as stipulated in Article 1.03A will result in the immediate disqualification of your bid or proposal. 1.03 EXAMINATION OF SITE CONDITIONS A. There will be a mandatory site inspection of the facility on July 14, 1998 at 2:00 p.m. Failure to attend the site inspection will result in the immediate disqualification of your bid or proposal. B. Each bidder, by and through the submission of his proposal, agrees that he shall be held responsible for having examined the sites, the location of all proposed work, and knowledge and experience or professional advice as to the character and location of the sites and any other conditions surrounding and affecting the work, any obstructions, the nature of any existing construction, and all other physical characteristics of the job, in order that he may include in the prices which he bids all costs pertaining to the work and thereby provide for the satisfactory completion thereof. 1.04 EXAMINATION OF CONTRACT DOCUMENTS A. Each bidder shall carefully examine the specifications and other contract documents, and inform himself thoroughly re- garding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a bidder find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the OWNER. Seclion I - Page 2 C. The OWNER'S designated representative shall be the Facilities Maintenance Building Maintenance Administrator. The Building Maintenance Administrator can be reached via telephone at (305) 852-7161. 1.05 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any bidder as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of bids will be given conSidera- tion. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective bidders prior to the established proposal opening date. Each bidder shall acknowledge receipt of such addenda in the space provided therefore in the proposal form. In case any bidder fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be construed as though it had been received and acknowledged and the submission of his proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each bidder to verify that he has received all addenda issued before proposals are opened. 1.06 GOVERNING LAWS AND REGULATIONS A. The bidder is required to be familiar with and shall be re- sponsible for complying with all federal, state and local laws, ordinances, rules, and regulations that in any manner affect the work. B. The bidder shall include in his proposal prices all sales, consumer, use, and other taxes required to be paid in accor- dance with the law of the State of Florida and the County of Monroe. c. The bidder shall possess proper licenses to perform work in accordance with these specifications. 1.07 PREPARATION OF PROPOSALS A. Signature of the bidder: The bidder must sign the Proposal forms in the space provided for the signature. If the bidder is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the bidder is a corporation, the title of the officer signing the proposal in behalf of the corporation must be stated and evidence of his authority to sign the Section I - Page 3 proposal must be submitted. The bidder shall state in the proposal the name and address of each person interested therein. B. Basis for Bidding: The price proposal for each item shall be on a unit price basis according to the form of the proposal. The proposal prices shall remain unchanged for the duration of the contract and no claims for cost escalation during the progress of the work will be considered. 1.08 SUBMISSION OF PROPOSALS Two (2) signed originals and one (1) copy of each proposal shall be submitted in a sealed envelope which shall be marked so as to clearly indicate its contents and the name of the bidder. If forwarded by mail, the above mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Calling For Proposals, and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the same address. Proposals will be received until the date and hour stated in the Notice of Calling For Proposals. 1.09 WITHDRAWAL OF PROPOSAL Any proposal may be withdrawn prior to the time scheduled in the Notice of Calling For Proposals for the opening thereof. A proposal may also be withdrawn thirty (30) days after the date of the opening of the proposals, provided that the bidder has not been notified that his proposal has been accepted. 1.10 MODIFICATION OF PROPOSALS A. Written proposal modification will be accepted from bidders if addressed to the entity and address indicated in the No- tice of Calling For Proposals and received prior to proposal due date and time. B. A bidder may modify his proposal by telegraphic communication at any time prior to the scheduled closing time for receipt of proposals, provided such telegraphic communication is received prior to the closing time, and provided further, the OWNER is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the proposal price, but should provide the addition or subtraction or other modification so that the final prices or terms will not be known until the sealed proposal is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. Section I - Page 4 1.11 RECEIPT AND OPENING OF PROPOSALS Proposals will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Calling For Proposals. The person whose duty it is to open them will decide when the specified time has arrived and no proposals received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a proposal not properly addressed and identified. Bidders or their authorized agents are invited to be present. 1.12 DETERMINATION OF SUCCESSFUL BIDDER Until the final award of the contract, the OWNER is not bound to accept the minimum proposal, but reserves the right to reject any and all proposals and to waive technical errors and irregularities as may be deemed best for the interests of the OWNER. Proposals which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instructions to Bidders, and the contract documents, may be rejected at the option of the OWNER. 1.13 AWARD OF CONTRACT A. The OWNER reserves the right to reject any or all proposals, or any part of any proposal, to waive any informality in any proposal, or to re-advertise for all or part of the work contemplated. If proposals are found to be acceptable by the OWNER, written notice will be given to the selected bidder of the acceptance of his proposal and of the award of the contract to him. B. If the award of the contract is annulled, the OWNER may award the contract to another bidder or the work may be re-advertised or may be performed by day labor as the OWNER decides. C. The contract will be awarded to the qualified bidder comply- ing with the applicable conditions of the contract documents. D. The OWNER also reserves the right to reject the proposal of a bidder who has previously failed to perform properly or to complete contracts of a similar nature on time. E. The OWNER reserves the right to consider previous work history and contract performance. F. The bidder shall include with his bid all existing and future obligations, and references. Section 1 - Page 5 1.14 EXECUTION OF CONTRACT The bidder to whom a contract is awarded will be required to return to the OWNER four (4) executed counterparts of the prescribed contract together with the required certificate of insurance within fifteen (15) days from the date of notice of acceptance of the bidder's proposal. 1.15 BID FORM Any person submitting a proposal in response to this invita- tion shall utilize the attached Bid Form. Section] - Page () CONTRACT SPECIFICATIONS 2.01 SCOPE OF WORK: The Contractor's services shall include all DEP requirements stipulated in the Operating Permit (Permit) in order to operate the facility efficiently AND reliably and to maintain the facility according to the Permit. The Contractor shall invoice the County for these operation and maintenance services on a monthly basis, in arrears, at the fee schedule rate as stipulated in the contract. (Any additional costs for parts needed to maintain the facility shall be invoiced separately on a cost reimbursement basis - the actual cost of the parts plus the handling charge as indicated in the contract). The contractor shall keep current all logs required by the Permit and an on-site log which shall include the date of service, time in/time out, the plant serviced, description of service, parts used, etc. During, but not limited to, the hours of 8:00 a.m. to 5:00 p.m., the contractor shall provide five (5) routine service visits per week to the plant which shall be performed by at least a Class C certified plant operator, and routine maintenance which does not require additional charges and extensive labor beyond thirty (30) minutes per visit per plant. The contractor shall provide all labor, parts and equipment necessary to perform the tasks required under this contract. These tasks include, but are not limited to, those listed below. A. Comply with all conditions specified within the current Permit for this facility. B. Comply with all DEP rules, Florida Statutes, and county and local regulations pertaining to the operation and maintenance of wastewater facilities, systems of treatment and control, and related appurtenances. C. Notify the County Facilities Maintenance Department, by written notice, of changes in DEP rules, Florida Statutes, county and local regulations as they apply to plant permitting or operations. D. Become familiar with all Permit requirements, DEP rules, Florida Statutes, and county and local regulations which affect the above referenced wastewater facility. In addition, the contractor shall advise and make recommendation to the County on matters concerning the operation of the facility, and shall provide written notification to the County of any and all deficiencies encountered that may result in a non-compliance operating violation. This notification shall include the observation of the deficiencies, recommended corrections, and cost estimates. Said notification shall be delivered to the Facilities Section 2 - Page I Maintenance Director for review and approval. In the event that the County shall receive a notice of non-compliance or of potential violation, written notice shall be given the contractor. E. Provide, and maintain on site, records as required by the Permit conditions. The contractor shall submit supplemental copies of record documents and monthly operation reports (MaR) to the Facilities Maintenance Director. F. Inspect and maintain the facility's equipment, practices, and operations regulated or required by the Permit conditions. G. Perform all other routine operation and maintenance tasks for the facility as part of the monthly service and included in the monthly fee such as, but not limited to, the following: 1. Operate the wastewater facility according to the manufacturer's specifications and pursuant to the Federal, State, county, and local regulatory rules with particular attention to Florida Laws, Chapter 403 and the Florida Administrative Codes, 62-600, 62-604, 62-610, 62-611, 62-640, and other applicable sections; 2. Inspect and lubricate all equipment which requires lubrication in accordance with the manufacturer's specification and recommendations; 3. Supply, monitor, and record chlorine feed and effluent residuals regularly (chlorine tablets shall be supplied by the contractor at the price stipulated in the contract); 4. Replace motor/blower belts when required (labor and parts furnished by the contractor); 5. Clean blower filters on a regular basis; 6. Repair minor electrical and plumbing problems; 7. Perform minor repairs of pump station equipment and controls; 8. Maintain proper adjustment of all apparatus controls; 9. Record the daily flow in gallons per day; 10. Record the Ph of effluent; 11. Daily maintain air to all required components of the treatment plant. The contractor shall individually check and clean all air diffusers and skimmers as required, then adjust aeration as required to maintain plant balance; 12. Check sludge return; 13. Transfer sludge as required to various plant components and concentrate into the digester as necessary to maintain plant operating efficiency; 14. Mechanically check standby equipment weekly; 15. Clean and hose down plant regularly to maintain good housekeeping of the facility, and remove all unsightly debris and materials from facility area on a regular basis; 16. Provide all sludge removal services: maximum of three (3) removals annually, when required. Any additional Section 2 - Page 2 removals require the County's prior written approval; the contractor shall notify the Facilities Maintenance Department when such additional removals are anticipated. The cost breakdown for any removals beyond the three (3) cited above shall consist of the total actual cost to the contractor plus \~.S% handling charge. The contractor shall be solely responsible for all sludge removal services and any required testing. The contractor shall submit to the Facilities Maintenance Department a copy of the invoice(s) after every sludge removal service; and, 17. Provide for emergency standby pumping services for the facility (inclusive of all necessary equipment, materials, and labor) in the event that an unusual occurrence makes it necessary to immediately pump out a plant to prevent untreated wastewater from improperly escaping into the environment. The contractor shall perform this function to the best of the contractor's ability considering the circumstances surrounding the unusual occurrence, and such occurrences shall qualify this as an emergency service. H. Provide sampling, testing, results, and monitoring of any substances or parameters at any locations reasonably necessary to assure compliance with the Permit conditions or DEP rules. I. Protect the County from any conditions which may result in non-compliance with DEP rules, Florida Statutes, or county or local regulations to the best extent possible. Inform the County immediately and in writing at once upon recognition of a potential problem. J. Maintain a copy of the current Operating Permit on site. K. Maintain monitoring and record keeping as required by the Permit conditions, DEP rules, county and local regulations. 2.02 REPAIRS The Contractor shall make all repairs as necessary to assure that the facility is operating efficiently, reliably, AND in accordance with all requirements of the DEP and the DEP Operating Permit. When the contractor deems a repair to be necessary, the contractor shall prepare a detailed cost estimate based on the fee schedule rates stipulated in the contract for labor, actual cost of parts needed to make the repair, plus the handling charge as indicated in the contract. The contractor shall initiate the approved repairs within 48 hours of said approval. Upon completion of repairs, the contractor shall document the work performed as is required by the DEP Operating Permit and other on-site service logs. &ct~n2-~~3 2.03 EMERGENCY SERVICE The County shall contact the contractor immediately when an emergency call is needed. The contractor shall also notify the County immediately in the event of a facility emergency. The contractor and the County shall make entries into a log which shall include; the date and time the problem was discovered, a description of the problem, the date and time the contractor was notified, the date and time the contractor arrived at the facility, the date and time the contractor departed, and a summary of the steps taken to rectify the problem. The contractor shall respond to all emergency calls which occur during normal working hours (Monday - Friday 8:00 a.m. to 5:00 p.m.) within three (3) hours of notification by the County (see Section V. Exceptions); and to those emergency calls which occur during weekend and holidays, within three (3) hours after notification by the County. The contractor and the County shall simultaneously log the time the County contacted the contractor for an emergency service call and the time the contractor arrived on-site for documentation of the above time requirements. The contractor shall invoice the County for after-hour, weekend and holiday emergencies based on the applicable hourly rate indicated in the contract, the actual costs of any parts used to rectify the problem, plus the applicable percentage as stipulated in the contract. 2.04 ADDITIONAL SERVICES When requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements, and shall invoice the County at the fee schedule rates for labor as specified in the contract. 2.05 EXCEPTIONS All of the above described tasks or requirements shall be considered routine duties of the contractor except: A. Repairs which require special tools, equipment and extensive labor (beyond a 30-minute visit) resulting from normal wear and tear. Invoices for such repairs shall be based on the fee schedule rates for labor for "Emergency Service Calls (Monday - Friday after normal working hours)" outlined in the contract. B. The Contractor shall not be held responsible for inability to perform due to factors beyond the contractor's control. 2.06 CANCELLATION In the event that the contractor shall be found to be negligent in any aspect of plant operation, maintenance, Section 2 - Page 4 repair, or service, the County shall have the right to terminate this agreement after thirty (30) days written notification to the contractor. 2.07 INVOICING AND PAYMENT The contractor shall invoice the County in arrears, monthly, for operating and maintenance services at the fee schedule rate indicated in the contract. The contractor shall separately invoice the County for any repairs or emergency services which are provided after normal working hours, weekends or holidays at the fee schedule rates stated in the contract. The contractor shall also submit, together with the monthly and emergency service invoices, detailed invoices for parts which are needed for proper operation, maintenance, and repairs. Said detailed parts invoices shall outline the actual cost of the parts plus the handling fee as stated in the contract, listing the parts by description and parts number, the date, time and type of service performed for which the parts were used. Invoices substantiating the actual cost of parts shall be submitted for supporting documentation; invoices not accompanied by said documentation shall be returned for compliance to these terms and conditions. The contractor shall submit all invoices to the Facilities Maintenance Director at the address provided in the contract. Upon review and approval of the services provided, and confirmation by service log, the Facilities Maintenance Director shall process the invoices for payment. The contractor shall retain all original records in support of costs included in the payment requests for a period of three (3) fiscal years after the end of each agreement period in which final payment was made to the contractor by the County, except that such records shall continue to be retained until resolution of all matters resulting from any litigation, claim, or audit that started prior to the expiration of the aforementioned three (3) year retention period. 2.08 LIQUIDATED DAMAGES In the event that the contractor does not respond to an emergency service call within the time period as specified in Section III above, the County shall assess a $50.00 per hour charge to the contractor for each hour, or portion thereof, to be prorated at the beginning of each 15-minute interval beyond the allowable time period, during which the contractor has not appropriately responded. The total amount of this assessment shall be charged against the total invoice for the emergency service call. In the event that the County is cited for deficiencies as a result of the contractor's inability to perform in accordance Section 2 - Page 5 with the agreement, the contractor shall assume 100% of any and all fines which are assessed to the County. 2.09 SUBCONTRACTORS The contractor shall be responsible for all work performed under the terms of this agreement. The contractor may subcontract as necessary to perform the services; however, any subcontract shall require the review and written approval of the County prior to the execution of the subcontract. It is understood that the County shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the contractor shall be solely liable to all subcontractors for all expenses and liabilities incurred under the subcontract. The cost of materials, chemicals, and repairs by subcontractors shall be billed at a cost reimbursement basis plus the handling fee stated in the contract. Section 2 - Page 6 ~ ~ /, Lr--...... Q) 0 c ro -::.... t III 0 () Q) C 0- Q) 0 0 E c "0 ~ ~ 'S; c 0 ::l 0 0 0.. III 10:: ~ C '(3 Q) ::l ro vi 0- ro X .c Q) U) > W III III '0 Q) -l X c 0... Q) Q) ~ a "0 ~ 0. ,~ Q; Q) c :;:0 0 E ~ 0 ~ ''::; 0 0 0 c 0 0 W F- E Q) Q) III Z C Q; E E c W Q) 0- C 0 ~ E 111- ~ ~ "0 Z C Q) Q) ~ 0 n: Qj I/) c ro <;:: W > c 2 (3 > 0 Q) ~ Q) C> 0- C -2 0- 0 X 0 U) C> >. Q) 0 Q) Q) .n '0 >- ~ c- I/) u C ~ W c Q) Q) 2 ~ 0 E E III C ~ 0- 0 Z <( .~ I/) 0 0 - ::l 0 0 c a- ::l Q) ~ ro Q) a- u E <( n: a:: 0- ~ ~ E I- 0 Q) u Z -l .n in '~ :) LL E ~ c ro 0 1ii 0 Q) 0... >- Iii I/) 0 l- I/) c ~ c Z ~ Q) Ol 0 (l) ro F- ::) 0 c ~ ~ ~ z 0 ~ '~ .c 0 I/) n: 0 :) Q) ,~ <;:: c 0 0 0 I/) E '(3 0 0 0... W Q) - LL ro ~ .2 F- 0 0- U 0 C I/) C z n: '(3 I/) 1- 0 (l) Q) W Z ~ 0 0 0 ro '~ ~ 0 - E -a C 0 F- ~ ~ c Q) <( Q) '~ ro I/) W E c Q) III Q) n: >- 1ii 0 0 e -a F- W ~ 0 c 0 ;;: W ~ W Q) ro :;:; 0 E u ro n. C> z I- Qj 0 0 <( 0 <( Q) <;:: .B ~ 0 1ii -a 0 '(3 F- ~ ::l 0 Q) -a W <( Q) U ro 0- Q) U) F- tl c I/) ,:E lL Z ro .2 Iii E 0 :) ~ ro c Ol .n 0... Ol .c c ::l W I/) I/) c Q) ~ III 0 -;-g I/) 0 I/) z Q) '~ Q) <( > Q) E -a 0 LL Q) Ei z n. I/) Qj W' ~ Q) -a Ol F- e c Z 0 E -a '~ <( -a Qj a .n 0 2 .n in ~ I/) c Q) -a Q) 0 2 0 - 0 ~ ~ ~ Q) z I/) .2 .c <( c 0. l- I/) Q) z I/) CIl E E .... 0 0 0 0 ~ '0 '~ 0 .B <( ~ CIl ..Q -a .!!:! CIl n:: C ~ w 0 I/) tl 0... 0 E I/) ro 0 CIl .~ 0 ~ > 0 ro U CIl Qj Q) E .c .n Q) 0 0- .... ro I/) .E 0 .c u: III ro III CIl -a - ~ e 0 ro ~ C 0 0 <( 1\ I ~( I~ ;; ~ ~ l- e I~ ':./ \ z ~ I~ ..., ::) ~ IV\ 0 l"'\ '" '........ ~ "- '- <( Ell . >- I- ~ ~ 'iij ~ .?: III III 0- III F- '" '" ~ '" z E ~ ~ ~ >- >- (:; (:; (:; <( c ~ ~ .s .s .s ::) 0 0 0 Q; a ~ I I <F- <F- a.. <F- I I I III >- f/) '" >- :Q '" 0 :Q .c. 0 Ol .c c Ol is c :J is 0 :J X 0 ~ ,!; >. ai '" u > (; ~ 0 ..0 <3 '" .c ~ Ol .!!! C I :J - 0 E 0 I E 0 >- ~ E I '" ,!: ,g ! u c u ~ 0 ~ 0 :;! m ~ Ul U) ~ ~ E f/) F- f/) ci '" U) >- 0 0 ~ 0 c ~ 0 0 :J 0 ~ c 0 Ol .0 .c. Q; '" n: c .8 Ol <( E ~ c ~ c E :i' 0... u 'iij .,; C5 w c E ~ n: '" f/) ~ 0 C5 0 co ['[ '" U) Qj E F- <3 :; w 0 iij ~ Ol '0 C5 <( 0- ~ 0 c ~ c >: f/) '" n:: 0 III :; :5 F- ai 0 IU n:: 0 z 0 ..0 U W .c. c 0 C :J ~ '" '" f/) u U) Ol :5 0 c >- :J C ~ ..0 0 W :i' Q; (l) c ~ ,!: 0 C5 .c ::) 'iij '~ :u z ~ i5 U) E <( ~ co f/) 0 c ~ >- z E :J z 0 u ~ W C5 0 <( ~ c I- .c '" Z z ~ ~ ~ <( .2 U) III E W -l 0 co ~ ~ <( .E 0 ~ ~ 0 E 0 :; ~ u ~ :5 z 0- E ~ ~ .c. 'iij u ~ 0 0- C <( 1:: w :; 0 co ~ I 0- f/) U >- Z > > 0 ~ co c ~ 0 0 0 .~ :J ..0 "- III 0 U ui 0- F- 0- t::: m c '" co -l '" E ~ '" <( Q 0 :"!; 0- ~ n: U) .E I .8 Q; > ~ .8 w w "- 0 n: 0- 0... I- ai '~ W ~ l '" 0 <( F- f/) m ,!: ~ <( Qj n:: :; (f) ~ ~ > >- ~ ~ ~ :0 0 W -l >- g >- Il.- Il.- ~ E 0 0 I -l c uj Ol Ol ~ ~ > F- n: ~ QJ F- ,S S c ~ 0> n: z ::) '~ Q; n: TI TI .~ Ol 0 0 c c u W ~ E <( '" '" 1: :J U) ~ I cr uJ Q- I I 0 Vi '" ..0 '" ..0 0 U ~ , I W I t- - =1 I - DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,mn hereby certifies that: E C 4'J ..r / s Ie ~ <'L h 'G-.5 ..:J:x..c.., , .- (Name of Busllless) 1. Publish a statement nOli(ying employees that the unlawful manufacture. distribution. dispensing. possession. or use of a controlled substance is prohibited in the workplace and speci(ying the actions that will be taken against employees for \iolations of such prohibition, 2, Inform employees about the dangers of drug abuse in the workplace. lhe business's policy of maintaining a drug-free workplace. any available drug counseling. rehabilitation. and employee assistance programs. and the penalties thai 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 (I), 4, In the statement specified in subsection (I). notifY the employees that. as a condition of working on the commodities or contractual services that arc under bid. the employee will abide by the terms of the statement and will noti(y the employer of any conviction of. or plea of guilty or nolo contendere to. any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state. for a violation occurring in the workplace no later than five (5) days after such conviction, 5, Impose a sanction on. or require the satisfactory participation in a drug abuse assistance or rehabilitation program 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 pcr5,,2n authorized to sign the statement. I certi(v that this firm complies fully with the above requirements. e~ ~d~ B;dd~;~ / '7 yI Date .j I ..- PJU-a , ...... Ie. -J. , NON-COLLUSION AFFIDAVIT S Q..' I' a..d2-e r .' r Pl'eg. ~<:c.rY.r~~ of the city I .2.~ '" according to law on my oath, and under of Tc Ic...,~oll'--o...l}~_ penalty of perjury, depose and say that; 1) I am G. T. f G t... y exQ~. E e-c..J Y s ~Ul ~~ bidder making the Proposal for the project described as follows: I O.f-J,j:: + ~ln:I-,i' ,k(% ~~f ~ p!p... 1-}cv- k~ Gilt ~ 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; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; STATE OF 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. ? /J /' ~L e~ ~~- (5i90 ;/1f1 I ! r. DATE COUNTY OF j4tl) h Y' 0 e PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~ ~ , ~ \ 6 c ~ \t "" J 'l111 who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 1"/ \ ~daYOf,:} 0 '1 ,19C1~ ...-2L -/ ~ ~ My commission expiles: J... ~ e 00 ~.v~ARYP~f~ OMB - MCP FORM #1 ~&..ft'~tI~ JOHNNY~. ~ l' COMMISSION . 50872 ~ ~ EXPIRES JUN.. ~.f ~ ICltGD Of f\: AlNAHrNJlf. Nt1IMr IlCIOA SWORN STATEMENT UNDER ORDINANCE NO, 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE G - :r. .5 Co ~ r c... Jl. Q..-r- Fre..s. warrants that he/it has not employed, retained ; i iiCDSrS/~~'T',l~3: ~. or otherv.'isc had act on hislits bchalf any formcr County officer or cmployec in violation of Section 2 of Ordinancc No, 10- [990 or any County officcr or cmploycc in violation of Scction 3 of Ordinancc No, 1O-1990, For brcach or violation of this provision thc County may, in its discrction. terminatc this contract without liability and may also. in its discretion, deduct from thc contract or purchase price. or otherwise rccovcr. thc full amount of any fcc, conmlission, pcrccntagc. gift, or considcration paid to thc formcr County officer or employee. (?-:] ~ (/ 1?;S7;;~/ Datc: 7 J(s / STATE OF rL !'nO /i1 vc)~ COUNTY OF PERSONALLY APPEARED BEFORE ME, thc undcrsigned authority, C ~riG 5c ~ f~Jt9~ who, aftcr first being swom by me, affixed hislher signaturc (namc of individual signing) in the space provided abovc on this 3 { -:s \J , l; . 19 ~ / ~/~ N ARYPUBLIC 11 day of My commission expircs: '-:f 0 V\ -e 00 ~~y '''f, JOHNNY L. MIlLER "~'ft~;CC7" ~ ~~.... ~Of~ N:N~~ OMB - MCP FORM #4 ~ ~'.~ ys tedlipt.~S 203 Apache Street Tavernier, Florida 33070 July 31,1998 To Whom It May Concern: This is notify you that Christopher 1. Schrader is the President of Ecosystematics Inc. and is registered as such with the FL Department of State. ./~ 4.L~ <-7 ~~n Schrader, Sect. Biologist Water Pollution Control Specialist Sewage Treatment Operation, Testing, Consultation Laboratory Location: 89111 Overseas Highway Fax (305) 852-5897 Bus, (305) 852-5103 I ()')(, Edition MONI~OE COliNTY, FLORII)A INSURANCE CIIFCKUST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm, Please review this form with your insurance agent and have him/her sign it in the place provided It is also required that the bidder sign the form and submit it with each proposal WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WCI WC2 WC3 WCUSLH WCJA X ~X_ Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,0001$1,000,000 Same as Employers' Liability Same as Employers' Liability INSCKLST - 1 ^dministration Instruction #4709,2 I ~)l)() Ldillon GENERAL LIABILITY -- --- --- --------------------- ---- - ---.-.------ As a minimum, thc required gcncralliability co\cr<:1ges \vill includc . Premises Operations Blanket Contractual Expanded Ddinition of Property Damage . . Products and COl11p1cll'd Opera1 ions Personal Injury . . GLl Required Limits: GL2 GL3 GL4 x $100,000 per Person, $300,000 per Occurrence $50,000 Property Damage or $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: $5,000,000 Combined Single Limit GLXCU GLLIQ GLS Underground, Explosion and Collapse (XCU) Liquor Liability All endorsements are required to have the same limits as the basic policy, Security Services INSCKLST - 2 Administration Instruction #~7()l),2 2 11)\)(1 j',dll11)]l YEJ:UCkELI&I3UJIY As a minimum, clwclagc should extend to liabilit,v for . Owned, ;\oIHw,ncd, and Ilired Vehicles Required Limits VLI x $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit VL2 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage I or $300,000 Combined Single Limit VL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit VL4 MISCELLANEOUS COVERAGES BRI Builders' Risk Limits equal to the completed project. MVC Motor Truck Cargo Limits equal to the maximum value of anyone shipment. Employee Dishonesty $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$l,OOO,OOO Agg, $1,000,000 per Occurrence/$2,000,000 Agg, $ 500,000 per Occurrence/$l ,000,000 Agg, $1,000,000 per Occurrence/$2,000,000 Agg, $5,000,000 per Occurrence/$l 0,000,000 Agg, $ 10,000 $100,000 $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) INSCKLST - 3 PROl PR02 PR03 POLl POL2 POL3 EDl ED2 GKl GK2 GK3 Professional Liability Pollution Liability Garage Keepers Administration Instruction #47()<),2 3 MED] MED2 MED) MED4 IF VLP] VLP2 VLP3 BLL HKLl HKL2 HKL3 AIR] AIR2 AIR3 AEO] AE02 AE03 EO] E02 E03 Administration Instruction #4709,2 Medical Professional Il1stallatiun Floater Hazardous Cargo Transporter Bailee Liab Hangarkeepers Liability Aircraft Liability Architects Errors & Omissions Engineers Errors & Omissions 1')<)(, Edition $ 250,000/$ 750,000 Agg, $ 500,000/$ ] ,000,000 Agg, $1,000,000/$ 3JJOO,000 Agg $\000,000/$10,000,000 Agg i\la:\iIllUIl1 value of Equipment Installed $ 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 $ ] ,000,000 $ 5,000,€J00 $50,000,000 $ 250,000 per Occurrence/$ 500,000 Agg, $ 500,000 per Occurrence/$ 1 ,000,000 Agg, $ ] ,000,000 per Occurrence/$3,000,000 Agg, $ 250,000 per Occurrence/$ 500,000 Agg, $ 500,000 per Occurrence/$I,OOO,OOO Agg, $ ] ,000,000 per Occurrence/$3,000,000 Agg, INSCKLST - 4 4 1 '}')(, Edition 11'J5URANCEAGfNT'SST A TEMENT I have reviewed the above requirements \...ith the bidder named belm'" The following deductibJes apply to the corresponding policy PO[ol("{ DEDUCTlBLES 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 Signature INSCKLST - 5 ^dministmtion Instruction #4709,2 5 19'H, Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT --~-----._---,-~------~ BETWEEN MONROE COUNTY, FLORII)A ANI> Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred, If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County, The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements, GLl Administration Instruction #4709,2 5 1 ')'J(, hill;on VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MON ROE COUNTY, FLORII)A ANI> 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 co~erage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements, VLl Administration Inslruclion #470'i,2 19 1'.1'.1(, Edition WORKERS' COMPENSATION INSURANCE REQlIIRE1\lENTS FOR CONTRACT B.~T\VEEN MONROE COUNTY, FLORII)A ANI) Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $] 00,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $] 00,000 Bodily h~ury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida, I f the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status, The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program, If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required, In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County, wet Administration Instruction #4709,2 23 .I Department of I Environmental Protection Law~on Chiles Governor South District 2295 Victoria Avenue, Suite 364 Fort Myers. Florida 3390 I Virginia B, Vietherell SecreL:wy PERMITTEE: I.D. No: 5244C00170 Permit/Certification Number: D044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 County: Monroe ' Latitude: 240 58' 45" N Longitude: 800 33' 05" W Section/TQwn/Range: 08/63S/38E Project: Plantation Key Government Center Monroe County Public Works 5100 College Road Key West, Florida 33050 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, 17-520, 17-522, 17-600, 17-601, 17-640, 17-699 and 17-28. 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 made a part hereof and specifically described as follows: Operate a 0.010 MGD (annual average daily flow) extended aeration process domestic wastewater treatment facility with filtered secondary effluent discharged to two,Class V injection wells (251945 and 251947) located on site. Project is described on the application for an operation permit, DER Form 17-600.910(2), application to operate Class V Wells, DER Form 17-1.209(9), agricultural use plan, DER ~orm 17-640.900(1), initial capacity analysis report, reuse feasibility study, operation arid maintenance performance report and o.ther information submitted in support of this permit. The treatment facility is located at 2 High Point Road, Tavernier. . Subject to General Conditions 1 through 15 and Specific Conditions 1 through 15. Page 1 of 8 "Protect, Conserve and Manage Florida's Environment and Natural Resources" Prinrf"t1 nn r('ryd"rf hn("lr>' PERMITTEE: I.D. No.: 5244C00170 PermitjCert. No.: D044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 Monroe County Public Works 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 sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiat~ 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 drawi~gs 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. Neither 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 acknowledgment 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. t . .' ~. 6. The permittee~shall properly operate and maintain th~ 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 conditiqns of the permit and when required by Department rules. Page 2 of 8 PERMITTEE: I.D. No.: 5244C00170 Permit/Cert. No.: D044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 Monroe County Public Works GENERAL CONDITIONS: 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credential or other documents as may be required by law, and at reasonable times, access to the premises 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 permit; _ b. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and I 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 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, m9nitoring 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 permi~ted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403.111 and 403.73, F~~.~ Such evidence shall only be used to the extent it is consiste~t':with the Florida Rules of civil Procedure and appropriate evident~ary rules. 10. The permitte~ 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. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 17-3.051, shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. Page 3 of 8 PERMITTEE: 1.0. No.: 5244C00170 Permit/Cert. No.: 0044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 Monroe County Public Works GENERAL CONDITIONS: 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 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: (a) Determination of Best Available Control Technology (BACT) (b) Determination of Prevention of Significa~t Deterioration (PSD) (c) Certification of compliance with state Water Quality standards (Section 401, PL 92-500) (d) 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 f9r~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: '.. 1. the date, exact place, and time of sampling or measurements; 2. the person responsible for performing the sampliDg or measureme~ts; 3. the dates analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; 6. 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 corrected promptly. Page 4 of 8 PERMITTEE: I.D. No.: 5244C00170 Permit/Cert. No.: D044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 Monroe County Public Works 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 cchlorine residual of at least 0.5 milligrams per liter shall be maintained after at least 15 minutes contact time at peak hourly flow. Higher residuals or longer contact times may be needed to meet the operational criteria for basic disinfection. Reference Rule 17-600.440 F.A.C. 3. The permittee shall submit a monthly operations report (MOR), DER Form 17-601.900(1), to the Department no later than the twenty-eighth of each succeeding month. 4. The permittee shall submit residual (sludge) analysis on an annual basis. Samples shall be analyzed and reported for the parameters as follows: Parameter Reported Parameter Reported Total nitrogen ~ dry weight Lead mg/kg dry weight 0 Total phosphorus ~ dry weight Nickel mg/kg dry weight 0 Total potassium ~ dry weight zinc mg/kg dry weight 0 Cadmium mg/kg dry wt. pH Standard Units Copper mg/kg dry wt. Total solids ~ 0 Samples and domestic accordance with the U.S. POTW Sludqe Samplinq and F.A.C. 17-640.700(1) (f). wastewater residuals analysis shall be in Environmental Protection Agency publication. Analvsis Guidance Document 198~~ Reference .;, : ~, ~, 5. The facility is a category III, requiring a Class D Qr higher operator on site for 3 nonconsecutive visits per week for 1 1/2 hours per week, F.A.C. Rule 17-699.310(3) (c). 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 17-699.311(1), F.A.C. 6. The 'parameters and minimum sampling schedule for this domestic wastewater treatment plant are as follows: Page 5 of 8 PERMITTEE: 1.0. No.: 5244C00170 PermitjCert. No.: D044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 Monroe County Public Works SPECIFIC CONDITIONS: Sample Reference Parameter Frequency Type (F.A.C. ) A. Flow Daily 5jwk Elapse Timej -- 17 - 601 . 506 ( 6 ) Water Meter B. pH Daily 5jwk Grab - 17-601.500(1) figure 2 & (3) (a) \ C. Chlorine Daily 5/wk Grab 17-601.500(1) Residual figure 2 & (3) (a) (Disinfection) D. TSS Monthly Grab 17-601.500(1) Influent figure 2 & (3) (b) Effluent Monthly Grab 17-601.500(3) (b) Class V Well figure 2 & (3) (b) E. CBOD5 Monthly Grab 17-601. 500 (1) Influent figure 2, & (3) (c) Effluent Monthly Grab 17-601.500(1) Class V Well figure 2, & (3) (c) F. Fecal Monthly Grab 17-601. 500 (1) Coliform figure 2 & (3) (a) Effluent Total nitrogen (N) shall be sampled within 60 days of this_permit and at 12 months intervals thereafter. All grab samples shall be obtained during peak hourly flow conditions. The time, date and type of samples will be clearly indicated on the MOR. \ 7. The arithmetic~mean, whether grab or composite, of effluent CBOD5 or TSS shall not exceed 20 mg/l for an annual period,3~mgjl monthly, 45 mg/l weekly. The maximum permissible concentrations 9f CBOD5 or TSS values in anYcgrab sample at any time shall not exceed 60 mg/l. Reference Rule 17-600.740(1) (b)1, F.A.C. 8. For basic disinfection, (using either MF or equivalent MPN methods) the arithmetic mean of the-monthly fecal coliform values collected during an annual period shall not exceed 200 per 100 ml of effluen~ sample, the geometric mean for a minimum of ten effluent samples collected on separate days during thirty consecutive days (monthly) shall not exceed 200 per 100 ml of sample, and no more than ten percent of the samples collected during thirty consecutive days Page 6 of 8 PERMITTEE: 1.0. No.: 5244C00170 PermitjCert. No.: 0044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 Monroe County Public Works SPECIFIC CONDITIONS: shall exceed 400 fecal coliform values per 100 ml of sample. Anyone sample shall not exceed 800 fecal coliform values per 100 ml of sample. Reference Rule 17-600.440(4) (c), F.A.C. 9. The Environmental Protection Agency (EPA), Chapter 40 Code of Federal Regulations Part 503 were promulgated November 1992. The conditions for this permit shall be modified, if necessary, to incorporate changes. EPA 40 CFR Part 503 increases~he number of heavy metals to be tested. The additional metals are: arsenic, chromium, mercury, mOlybdenum, and selenium. These additional metals should be sampled and test results submitted. Pollutant limits are more stringent for ceiling concentrations in Part 503 for land applications than 17-640 for cadmium, lead, hickel, and zinc. Metal criteria for land application should be no less stringent than the parameters listed in either of the regulations with the more stringent criteria applicable. 10. The residuals generated by this facility shall be stabilized by either of two methods submitted with the permit application. These are as follows: Lime stabilization or aerobic digestion. The stabilization methods must be documented. Domestic wastewater residuals may not be taken to another treatment plant without prior consent of that system. Reference F.A.C. Rule 17-640. 11. Residuals disposal under the Plantation Key Government Center hauler contract shall be conducted under the conditions contained in OGC Case 92-2117. Residuals are now taken to another wastewater treatment facility. If they are to be disposed of by land application, either the Monroe County Contractor or permittee shall submit an agricultural use, plan for the site. The site must-.be an approved FDEP site. Agricultural use plans shall be updated annually to show changes in residuals characteristics or agricultural practices and to provide a summary of the application for that year. Changing sites requires Dep~rtment notification prior to disposing of the residuals at the new site. 12. 40 CFR Part 503 provides for pathogen and vector at~raction reduction requirements which will be incorporated in F.A.C. Rule 17~640. Both criteria should be satisfied before residualsi can be land applied for disposal. Residual stabilization classif1cation depends on the process used to reduce pathogens. Residuals generated by this facility are stabilized by lime stabilization. Pro~ide an operating protocol and assurance that the product complies with a Process to Significantly Reduce Pathogens (PSRP) or to Further Reduce Pathogens (PFRP). Identify the criteria that will be met to provide for vector attraction reduction and the method to assure compliance. " : ~ Page 7 of 8 PERMITTEE: I.D. No.: 5244C00170 PermitjCert. No.: D044-251944 Date of Issue: August 1, 1994 Expiration Date: August 1, 1999 Monroe County Public Works SPECIFIC CONDITIONS: 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. The permittee shall notify the Department and obtain approval prior to any well work or modification. __ 14. Maintain a copy, available for reference, of the operations and maintenance manuals for the wastewater treatment and disposal system on file at the plant's office or other approved site. \ 15. The permittee is reminded of'the necessity to comply with the pertinent regulations of any other regulatory agency, as well as any county, municipal, and federal regulations applicable to the project. These regulations may include, but are 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 1st day of August, 1994 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , @U~burn Acting Director of District Management \ \ RDBjVNMj ish '~ ". Fa.S-=- (; u~ a r LL "1Illh... B "<>;: "",!>~. ,'998.....1999:\ MONROE OCCUPATIONAL TAX ' STATE OF FLORIDA 61-0002991 .' 30, 1999 NAME MAiliNG ADDRESS ',:; ',~" ':",~;,' i-;/';':':} SEATS MUST BE DISPLAYED IN CONSPICUOUS PLACE EMPLOYEES 1 1 - 15 'FACIUTlES OR , MACHINES TYPE OF BUSINESS BUSINESS ADDRESS \:'.,'~~':';J~":." ,.j,-,." -j'-' ,<~'if 80.00 ;:;I:ii1~': ' AMOU " 'Ail PENAL ;: COu.e TION COST TOT't1; ,;:;t;s;;;,;' 80 . 00 . ,,', 'f" ,',,'/' ~ '.",; .,:t '<';,:;~i '- [gf~~~1 j'j, ,'..0(")-< "';4f ._,;~-;) i ::'c. P!." \, ; "V', , ~gr;;. 'i"'i\ C4 , 0 ... (");0: ~~I:TIS A~'~ito~~~~i~t~~~; AND ZONINREQUlijEMENTS. :"',J,;.t:.; "r:">~';;"",. ",.}';":~~ft~","' THIS BECOMES ATAX;/;i~H.A.~ R Y F ., K N I G H T t. C Fe... T A X C 0 L LEe TOR RECEIPTWHENVAl.ID~mPO BOX 1129, KE T WE S T FL 33041-1129 ':J ~"'/" OOOOQP90000000008000 0000471610002991 1001 8 DISPLAY AS REQUIRED BY LAW