Item F17
Revised 1/9 (
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11121 /00
Division:
Public Works
Bulk Item:
Yes X No
Department: Engineering
AGENDA ITEM WORDING: Approval to award bid and contract to ASCI Corporation (lowest bidder) for Ground
Water and Surface Water Sampling and Analysis at the County's three (3) landfills, and authorization for Mayor to
execute same.
ITEM BACKGROUND: As part of the permits and consent orders for the County landfills, the Florida Department of
Environmental Protection requires ground water and surface water at each of the landfills to be sampled and analyzed for
required monitoring parameters. This is to be done quarterly. The current contract expires in February 2001. Bids have
been received from eight (8) companies and ASCI Corporation is the lowest bidder.
PREVIOUS RELEVANT BOCC ACTION: On February 22, 1995 the Board of County Commissioners approved a
contract with Toxikon, Inc. to do the work identified herein. It was a three-year contract and was renewed for three years.
STAFF RECOMMENDATION: Approval as stated above, waiving any irregularities that may exist.
TOTAL COST:
$10,052.00 per year
BUDGETED: Yes X
No
COST TO COUNTY: $10,052.00 per year
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH YEAR
APPROVED BY:
coun~ ~!purchasing _ Risk Management_
~
DIVISION DIRECTOR APPROVAL: ~-
Dent Pierce
Item Prepared By:
11/7/orj
DOCUMENTATION: Included:-X-
To Follow:
Not Required: _
DISPOSITION:
Agenda Item #:
/~ FI?
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: ASCI CORPORATION
Effective Date: / /
---
Expiration Date: / /
---
Ground Water and Surface Water Sampling and Analysis at
Contract Purpose/Description:
the County's three (3) landfills
Contract Manager:
David s. Koppel
(Name)
"
?1~. 4427
\7 (Ext.)
Engineering
(Department)
for BOCC meeting on 11 / 21 / 00
Agenda Deadline: 11 / 07 / 00
CONTRACT COSTS
10,052.00 per year Current Year Portion: $
Account Codes: 414 - 42501 - 530340
414 - 42502 - 530340 -
414 - 42503 - 530340
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Total Dollar Value of Contract: $
Budgeted? Yes X No
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
Date In
Division Director 11JriJ.QQ.
Date Out
II 1'1/0(/
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MEMORANDUM
TO:
Dent Pierce
Director, Public Works Division
FROM:
David S. Koppel ~NA
County Engineer (IV\{
DATE:
November 8,2000
RE:
Ground Water and Surface Water
Sampling and Analysis
Landfills
We have reviewed the eight (8) bids received for the above-referenced project. Since
there wasn't a bid form in the Request for Bid the bidders responded in different formats.
In some cases we had to call the bidders for clarification. As a result, we adjusted some
of the quantities to ensure that we were evaluating the bidders on equal grounds. The
attached table reflect our bid summary based on these adjustments.
The low bidder was determined to be ASCI Corporation in the annually amount of
$10,052,00. We spoke to ASCI to confirm the price and scope of work. Then we spoke
to the Florida Department of Environmental Protection to see if they knew of any
problems with ASCI that might affect our decision. Finally, we spoke to the Department
of Health in Jacksonville to check on their lab certification. We have completed our
review and we are recommending the award of this three year contract to ASCI.
DSK/jl
GrWaterSampBid,DOC
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GROUND WATER AND SURFACE WATER SAMPLING/ANALYSIS
BID SUMMARY
Quarter Yearly
Company First Second Third Fourth Total
EE&G 4,555.00 4,915.00 4,555.00 4,915.00 18,940.00
SPG 7,379.00 8,144.00 7,379.00 8,144.00 31,046.00
STL Non-Responsive
Harbor Beach 4,925.00 4,925.00 4,925.00 4,925.00 19,700.00
Geosyntec 6,194.80 6,491.80 6,194.80 6,491.80 25,373.20
ASCI 2,333.00 2,693.00 2,333.00 2,693.00 10,052.00
U.S. Biosystems 3,882.00 4,152.00 3,882.00 4,152.00 16,068.00
Toxikon 4,542.00 4,887.00 4,542.00 4,887.00 18,858.00
October 4,2000
A c:...
.... -.......~ =~ Corporation
Environmental Quality Laboratory
Purchasing Office
5100 College Road
Public Service Building
Cross Wing #002 Stock Island
Key West, Florida 33040
GROUND WATER AND SURFACE WATER SAMPLING AND ANALYSIS
At the Key Largo, Long Key and Cudjoe Key Landfills
Kev Lamo
3 Monitoring wells. Inorganic analysis per quarter.
1 Surface water. Inorganic analysis per quarter.
Sampling and Reports for wells and surface water
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TOTAL:
Lone: Kev
3 Monitoring wells, Inorganic analysis per quarter. .5 ID3 x ~ ~
3 Monitoring wells. PCB's and Pesticides (EPA 608) semi-annually
1 Surface water, Inorganic analysis per quarter.
Sampling and Reports for wells and surface water.
TOTAL: .
$333.00
$69,00 -t"' /If
$200.00
--.s69-2;Oo-
$7/3.00
$309.00
$360.00
$69,00 -+ s 103
$200.00
with PCB'S & PEST. 5938.90 ~ r,,0+1 .Oi)
without PCB'S & PEST. 5578.99- j; 'BI,OD
Cudioe Kev
5 Monitoring wells. Inorganic analysis per quarter,
1 Surface water. Inorganic analysis per quarter.
Sampling and Reports for wells and surface water,
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TOTAL:
Y fAfl..
~O-rAL
Q3
713
"81
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2,3;;3
$(DI D52.
$515.00
$69.00 1- J {oS"
$250,00
$834.00-
11 '1 ~'j .dU
Laboratory Testing & Environmental Services
DOH CERTIFICATION #E85086
1009 TAMIAMI TRAIL, PORT CHARLOTTE, FLORIDA 33953 . PH 941-625-3137. TOLL FREE 1-877-452-2712
FX 941-629-7467 · EMAIL: eqlab@ascicorp.com . WEBSITE: www.ascicorp.com
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.. - -....~ -lIP Corporation
Environmental Quality Laboratory
ASCI\Environmental Quality Lab will perform the following analysis on monitoring
wells and surface water samples:
Total Dissolved Solids Total Suspended Solids
Total Organic Carbon Total Nitrogen
Total Phosphorus Total Kjeldahl Nitrogen
Nitrite Nitrate
Zinc Lead
Mercury Chromium
Cadmium Nickel
Anunonia (Key Largo monitoring well only)
The Long Key Landfill monitoring wells require PCB's and Pesticide (EPA 608) analysis
semi-annually.
The surface water samples require additional analysis for the following parameters:
Chemical Oxygen Demand
Chloride
Aluminum
Iron
Anunonia
Sulfate
Arsenic
Fecal Coliform
Thank you for the opportunity to submit a bid on this proposal. Please feel free to contact
me with any questions or concerns.
Jeff Walsh
Marketing Manager
Laboratory Testing & Environmental Services
DOH CERTIFICATION #E85086
1009 TAMIAMI TRAIL, PORT CHARLOTTE, FLORIDA 33953 · PH 941-625-3137. TOLL FREE 1-877-452-2712
FX 941-629-7467 · EMAIL: eqlab@ascicorp.com . WEBSITE: www.ascicorp.com
Standard Form of Agreement
Between Owner and Contractor
Where the Contractor is an Independent Contractor
AGREEMENT
made as of the
TWO THOUSAND
(In Words. indicate day, mOlllh and year.)
day of
in the year of
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
ASCI Corporation
Environmental Quality Laboratory
1009 Tamiami Trail
Port Charlotte, Florida 33953
For the following Project:
(Include detailed description of project,
location, address and scope)
Ground Water and Surface Water
Sampling and Analysis
Monroe County, Florida
The Project Manager is:
(Name and address)
Monroe County Engineer
David S. Koppel, P.E.
5100 College Road
Key West, Florida 33040
The Owner and Contractor agree as set forth below.
11/13/00
Standard Form of Agreement Between Owner and Contractor
ARTICLE 1
CONTRACT DOCUMENTS
1.1 The Contract Documents consist of this Agreement and Specifications, and are as fully a part
of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations
or agreements, either written or oral.
ARTICLE 2
CONTRACT WORK
2.1 The Contractor shall provide all labor, equipment, materials and services to sample, analyze,
and report on the County's Landfill's eleven (11) ground water monitoring wells an three (3) surface
water monitoring locations.
2.2 The Contractor shall perform all of the Work described in the Specification entitled:
SPECIFICATION FOR GROUND WATER AND SURFACE WATER SAMPLING AND
ANALYSIS AT KEY LARGO, LONG KEY AND CUDJOE KEY LANDFILLS
and their proposal, each attached hereto and incorporated as part of the Contract document.
ARTICLE 3
DATE OF COMMENCEMENT
3.1 The date of commencement shall be the date of this Agreement, as first written above, unless a
different date is stated below or provision is made by the Owner.
ARTICLE 4
CONTRACT AMOUNT
4.1 The Owner shall pay the Contractor in current funds for the Contractor's faithful performance
of the Contract.
4,2 The Contractor shall invoice the Owner quarterly as follows:
Two (2) quarters for $2,333,00 each, and two (2) quarters for $2,693.00 each
4.3 The yearly Contract Sum shall be as follows:
Ten Thousand fifty-two and nollOO Dollars ($10,052.00)
11/13/00
Standard Form of Agreement Between Owner and Contractor
2
4.4 The contract amount agreed to herein may be adjusted annually at the request of the
Contractor, in accordance with the percentage change in the Consumer Price Index for all urban
consumers (CPI-U) for the most recent 12 months available, Increases in the contract amount during
any option period shall be extended into the succeeding years.
ARTICLE 5
INDEPENDENT CONTRACTOR
5.1 At all times and for all purposes under this Agreement the Contractor is an independent
contractor and not an employee ofthe Board of County Commissioners for Monroe County. No
statement contained in this Agreement shall be construed so as to find the Contractor or any of its
employees, contractors, servants, or agents to be employees of the Board of County Commissioners for
Monroe County.
ARTICLE 6
ASSURANCE AGAINST DISCRIMENATION
6.1 The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting,
hiring, promoting, tenninating, or any other area affecting employment under this Agreement or with the
provision of services or goods under this Agreement
ARTICLE 7
ASSIGNMENT
7.1 The Contractor shall not assign this Agreement, except in writing and with the prior written
approval ofthe Board of County Commissioners for Monroe County and Contractor, which approval
shall be subject to such conditions and provisions as the Board and Contractor may deem necessary.
This Agreement shall be incorporated by reference into any assignment and any assignee shall comply
with all ofthe provisions ofthis Agreement. Unless expressly provided for therein, such approval shall
in no manner or event be deemed to impose any obligation upon the Board in addition to the total
agreed-upon price of the services/goods of the Contractor.
ARTICLE 8
INSURANCE
8,1 Prior to commencement of Work governed by this contract (including the prestaging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specified in the
attached schedules, which are made part of this Agreement.
8.2 The Contractor will not be permitted to commence Work governed by the Agreement (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the Owner as specified below.
11/13/00
Standard Form of Agreement Between Owner and Contractor
3
8.3 The Contractor shall provide to the Owner as satisfactory evidence of the required insurance,
either:
Certificate of Insurance
or
A certified copy of the actual insurance policy
8.4 The Owner, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
8.5 All insurance policies must specify that they are not subject to cancellation, nonrenewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
Owner by the insurer.
8.6 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
8.7 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
8.8 Any deviations from these General Insurance Requirements must be requested in writing on the
Owner prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by the
Monroe County's Risk Manager.
ARTICLE 9
TERM OF CONTRACT/RENEWAL
9,1 This Contract shall be for a period of three (3) years, commencing on the day in which it has
been executed by both parties.
9.2 The Owner shall have the option to renew this Agreement after the third year for one
additional three-year period.
ARTICLE 10
EXECUTION, CORRELATION AND INTENT
10.1 Execution ofthe Contract by the Contractor is a presentation that the Contractor has visited the
site, become familiar with local conditions under which the Work is to be performed and correlated
personal observations with requirements of the Contract, and assumes full responsibility therefore. The
provisions of the, contract shall control any inconsistent provisions contained in the Specifications. All
Specifications have been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the Work to be done. Under no circumstances, conditions, or
situations shall this Contract be more strongly construed against the Owner than against the Contractor
and its Surety.
10,2 Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the
Owner, and its decision shall be final and binding upon all parties.
11/13/00
Standard Form of Agreement Between Owner and Contractor
4
10.3 The passing, approval, and/or acceptance of any part of the Work or material by the Owner
shall not operate as a waiver by the owner of strict compliance with the terms of this Contract, and
Specification covering said Work. Failure on the part of the Contractor, immediately after Notice to
correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be
jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by
reason of the Contractor's breach of this Contract and/or its failure to comply strictly and in all things
with this Contract and with the Specifications.
ARTICLE 11
INDEMNIFICATION AND HOLD HARMLESS
11.1 The Contractor covenants and agrees to indemnify and hold harmless Monroe County and
Monroe County Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with,
or by reason of services provided by the Contractor occasioned by the negligence or the wrongful act or
omission of the Contractor, its employees, or agents. The first ten dollars ($10,00) of remuneration paid
to the Contractor is for the indemnification provided for the above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
ARTICLE 12
TERMINATION
12,1 Tcrmination by thc Contractor
12.1.1 The Contractor may terminate the Contract if:
.1 the Work is stopped for a period of 30 days through no act or fault of the Contractor or a
Subcontractor, Sub-subcontractor or their agents or employees or any other persons
performing portions of the Work under contract with Contractor;
,2 the Project Manager has not issued a certificate for Payment and has not notified the
Contractor of the reason for withholding certification, or because the Owner has not made
payment on a Certificate for Payment within 30 days;
12.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written
notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed
and for proven loss with respect to materials, tools, and equipment and machinery, including reasonable
overhead, profit and damages.
12.2 Tcrmination by the Owner for Cause
12.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper
materials;
,2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
11/13/00
Standard Form of Agreement Between Owner and Contractor
5
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
12.2.2 When any ofth.e above reasons exist, the Owner may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, 72 hours
written notice, terminate employment of the Contractor and may, subject to any prior rights of the
surety:
,1 take possession of the site and of all materials, equipment, tools, and construction equipment
and machinery thereon owned by the Contractor;
,2 accept assignment of subcontracts;
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
12.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 12.2.1,
the Contractor shall not be entitled to receive further payment until the Work is finished.
ARTICLE 13
COMPLIANCE WITH LAW
13,1 In providing all services/goods pursuant to this Agreement, the Contractor shall abide by all
statues, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services,
including those now in effect and hereinafter adopted, Any violation of said statutes, ordinances, rules
and regulations shall constitute a material breach of this Agreement and shall entitle the Board to
terminate this Contract immediately upon delivery of written notice of termination to the Contractor.
Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in
Monroe County, Florida.
ARTICLE 14
FUNDING AVAILABILITY
14.1 In the event that funds are partially reduced or cannotbe obtained or cannot be continued at
level sufficient to allow for the purchase of the services/goods specified herein, this Agreement may
then be terminated immediately at the option of the Board by written notice of termination delivered in
person or by mail to the Contractor.. The Board shall not be obligated to pay for any services
provided by the Contractor after the Contractor has received written notice of termination,
ARTICLE 15
PROFESSIONAL RESPONSIBILITY
15.1 The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described. The provider shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the services to be
provided, Continued funding by the Board is contingent upon retention of appropriate local, state,
and/or federal certification and/or licensure of Contractor.
11/13/00
Standard Form of Agreement Between Owner and Contractor
6
ARTICLE 16
NOTICE REQUIREMENT
16.1 Written notice shall be deemed to have been duly served if delivered in person to the individual
or a member of the finn or entity or to an officer of the corporation for which it was intended, or if
delivered at or sent by registered or certified mail to the last business address known to the party giving
notice.
The correspondence shall be directed to:
Owner:
Mr. David S. Koppel, P.E. Contractor:
Monroe County Engineer
5100 College Road
Key West, Florida 33040
ASCI Corporation
Environmental Quality Laboratory
1009 Tamiami Trail
Port Charlotte, Florida 33953
This Agreement is entered into as of the day and year first written above and is executed in at least
four original copies of which one is to be delivered to the Contractor, one each to the Construction
Manager and Architect for use in the administration of the Contract, and the remainder to the Owner.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
Attest:
CONTRACTOR
By:
By:
Title:
Title:
11/ 13/00
Standard Form of Agreement Between Owner and Contractor
7