Item C24
.,'
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 13. 14.2002 Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to continue contract with Synagro Southeast, Inc. on a month to
month basis (if needed) for the Operation & Maintenance of the Wastewater Treatment Plant at the Key West
Monroe County Detention Center.
ITEM BACKGROUND: On March 19, 2002, the current contract with Synagro Southeast, Inc. for the
Operation & Maintenance of the Wastewater Treatment Plant at the Key West Monroe County Detention
Center will expire, with no additional options to renew. Construction is currently in process to tie the
Detention Facility into the City of Key West sewage system. Operation & Maintenance service will no longer
be necessary once construction is complete, pending de-commission of the present wastewater treatment
system.
PREVIOUS REVELANT BOCC ACTION: On February 20, 1997, the BOCC awarded bid and entered
into a contract with Davis Water Analysis, Inc. for the operation and maintenance of the wastewater treatment
facility at the Monroe County Detention Center. On December 10, 1997, the BOCC exercised the first of
four options to renew the contract with Davis Water Analysis. On January 13, 1999, the BOCC exercised the
second option, and on January 19, 2000, the BOCC exercised the third option to renew the contract. On
April 19,2000, the BOCC approved a Consent to Assignment and the formal corporate name change from
Davis Water Analysis, Inc. to Synagro Southeast, Inc., and on February 21,2001, the BOCC approved the
final option to renew the contract for an additional one-year period.
CONTRACT/AGREEMENT CHANGES: Continue contract on a month to month basis pending de-
commission of the present wastewater treatment system.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $13.174.89nermoOoer&Maint
$127.25 per mo Nitrogen & Phosphorus testing
$36.19 per ton, sludge removal
BUDGETED: Yes ---X- No
20505-530-340
COST TO COUNTY: Same
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty _ OMB/Purchasing_
Risk Management_
ITEM PREPARED BY:
r
ierce, Director of Public Works
DWISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDAITEM# /~C~
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSUM:MARY
Contract with: Synagro Southeast, Inc. Contract #
Effective Date: 03/20/02
Expiration Date: Month to Month
Contract Purpose/Description:
Continue contract on a month to month basis, pending de-commission of the present
wastewater treatment nlant for oneration & maintenance of the wastewater treatment nlant
at the Key West Monroe Countv Detention Center.
Contract Manager: Ann Mytnik 4431 Facilities Maint./Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 02/13/02 Agenda Deadline: 01/30/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 13,302.14
per mo +
sludge
Budgeted? Yesl:8] No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ Same
101-20505-530-340-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
ot included in dollar value above e . maintenance, utilities, . anitori salaries, etc.
CONTRACT REVIEW
Changes
Date In Needed -/) t1 R~er ..,.,_
Division Director II~oln--vYesD No~ ()1;2L ~~f)e.;f
Risk Management {\~~l)-z... YesD N00 fAl W~ ~(/'"
O.M.B/Purchasing '\;X:\O<--YesD N~ ~p 0
County Attorney i/;z..g/()z" YesDNo~ ~
Comments:
OMB Form Revised 2/27/0 I MCP #2
Date Out
L
AMENDMENT AGREEMENT
(Operation and Maintenance Service Contract for the
Wastewater Treatment Facility at Monroe County Detention Center)
THIS AMENDMENT AGREEMENT is made and entered into this 13th day of February 2002,
between the COUNTY OF MONROE and SYNAGRO SOUTHEAST, INC. in order to renew
the original agreement between the parties dated February 20, 1997, as renewed on December
10, 1997, as renewed on January 13, 1999, as renewed on January 19, 2000 and February 21,
2001, and Consented to Assignment on Apri119, 2000 (copies of which are incorporated hereto
by reference); as follows:
1. The Monroe County Detention Center is currently under construction to tie into the City
of Key West sewage system. This contract shall continue on a month to month basis (if
needed) pending de-commission of the current wastewater treatment system.
2. The Amended Agreement shall commence March 20, 2002.
3. In all other respects, the February 20, 1997 agreement, as renewed December 10, 1997,
January 13, 1999, January 19, 2000, and February 21, 2002, and Consented to
Assignment on April 19, 2000, between the parties remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
SYNAGRO SOUTHEAST, INC.
Witness
By:
Witness
Title
1 of!
· (Op&1i~~:==r=~tra!fjrthe",
Wastewater Treatment Facility at Monro'e County Detention Center) :
2.1s+ h:.1.r'I4_tJ.
TInS RENEWAL AGREEMENT is made and entered into this ~ day of January 2001,
between the COUNTY OF MONROE and SYNAGRO SOUTHEAST, INC. in order to renew
the original agreement between the parties dated February 20, 1997, as renewed on December
10, 1997, as renewed on January 13, 1999, as renewed on January 19, 2000 and Consented to
Assignment on April 19, 2000 (copies of which are incorporated hereto by reference); as
follows:
1. In accordance with Article 12 of the original agreement dated February 20, 1997, the
County exercises its final option to renew for an additional year.
2. Article 12, second sentence shall read as follows:
The contract/agreement amount agreed to herein might be adjusted annually in
accordance with the percentage change in the Consumer Price Index for all urban
consumers (CPI-D) for the most recent 12 months available.
3. Payment by the County to Synagro Southeast, Inc. increases by 3.4% (CPI-U as of
November 30,2000), from $12,741.67 per month to $13,174.89 per month. Bi-weekly
Nitrogen and Phosphorus increases from $123.07 to $127.25 per month, and sludge
removal increases from $35.00 perton to $36.19 perton.
4. The term of the renewed agreement will commence on March 20, 2001, and terminates
on March 19, 2002.
5. In all other respects, the February 20, 1997 agreement between the parties remains in full
~~rce and effecl.
4)@ A~
11.1 \'0 ~ ',~ . :;' SS WHEREOF, the parties have hereunto set their hands and seal, the day and year
Iff:': .e above.. t
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CONSENT TO ASSIGNMENT
This CONseNt to Assignment i$ entered iNto this It( /IT day of -..CjEe,/ J- -'
2000, by and between Monroe County, a political subdivision of the State of Florida,
hereafter County, and Synagro Southeast, Inc., hereafter Assignee, the. parties agreeing
as. follows:
1. The County contracted for operation and maintenance _.of Q sewage
treatment plant with Davis Water Analysis, Inc., hereafter Assignor, through an
agreement dated February 20, 1997, hereafter the original agreement. The original
agru.ment is attached and incorporated into this Consent to Assignment.
2. By a merger on February 4, 2000, with Synagro Tcchtlologics, Inc. which was
renamed Synagro Southeast, Inc., the Assignor assigned to ASsignee all the AssigtlOr's
rights, title and interest in the original agreement. The original agreement, paragraph 4(a)
requires the consent of the County before an assignment is effective against the COUtlty.
The County hereby conSents to the assignment described in this paragraph.
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In consideration for such consent, the Assignee agrees to be bound by all
, the terms and conditions of the original agreement including the obligation to pay the
County any sums owed the County by the Assignor under the original agreement up to the
effe.ctive date of this Consent to Assignme,nt, and including the requirement for
~propridtc..~tate and federal certification and/or licensure.
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(-, '(SEAL); ,
-':~. A nEST: DANNY l. KOLHAGE, CLERK
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'~ puty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
cS'~/-F~
By //
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Mayor/Chairman
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(SEM.)
A ttes:-:
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SYNAGRO SOUTHEAST, INC.
By d~;L~-
jC6)'Y1ogt'O
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. .~:. RENEWAL AGREEMENT
'(Operation and MaIntenance, Service Contract for the
Wastewater Treatment Facility at MGnroe County Detention Center)
THIS RENEWAL AGREEMENT is made and entered into this
19th day of January, 2000, between the COUNTY OF MONROE and DAVIS
WATER ANALYSIS, INC. in order to renew the original agreement
between the parties dated February 20th, 1997,as renewed on
December 10''', 1997, as renewed on January 13, 1999 (a copy of
whi~h is incorporated hereto by reference); as follows:
1. In accordance with Article 12 of Section 00030 of the
February 20, 1997 agreement, the County excrci~,',; J t'J option to
n'_'lh.'I.J t hat: Agreement [or an additional ye.:n'.
2. Payment by the County to Davis Water AJldJY~3i_s, Inc. for
the ~~ervl.ces provided remains at $152,900.0'1 per year.
3. The term of the renewed agreement will commence on March
20, 2000 and terminate on March 19, 2001.
4. In all other respects, including the amount of
compensation due to Davis Water Analysis, Inc. the February 20,
1997 agreem~rit between the parties remains in full force and
effect.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seal, the day and y~ar first written above.
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BOARD OF COUNTY COMMISSIONERS
OF MO;fL ~;;,r.Y ]3~
By: ~
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At'test: DANNy L. KOLHAGE, CLERK
BY~~~
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DAVIS \-vl\TU~ !\J\Jl\LY:;J S, JNC.
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RENEWAL Aa~EEMENT
(Operation and Maintenance Service Contract for the
WastewateL TLeatment Facility at MonLoeCounty Detention CenteL)
THIS RENEWAL AGREEMENT is made and enteLed into
this 13th day of JanuaLY, 1999, between the COUNTY OF MONROE and
DAVIS WATER ANALYSIS, INC. in oLdeL to Lenew the oLigi~al
agLeement between the paLties dated FebLuaLY 20th, 1997, as
renewed on December 10th, 1997 (a copy of which is incorporated
heLeto by refeLence) J as follows~
1. In accordance with Article 12 of Section 00030 of the
FebLuary 20, 1997 agreement, the County exercises its option to
renew that Agreement for an additional year.
2. Payment by the County to Davis Water Analysis, Inc. fOL
the seLvices provided Lemains at $152,900.04 per yeaL.
3. The teLm of the Lenewed agLeement will commence on MaLch
20, 1999 and teLminate on MaLch 19, 2000.
4. In all otheL 'Lespects, including the amount of
.compensation due to Davis WateL Analysis, Inc. the FebLuaLY 20,
1997 original agreement between the parties as renewed on
December 10, 1997 remains in full f9rce and effect.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seal, the day and year first written above.
"
(Seal)
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY~~~ ~~
Attest: DANNY L. KOLHAGE, CLERK
By.
. Dep Cl
DAVIS WATER ANALYSIS, INC.
By: ~o-?'C /9-~
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.' RENEWAL AGREEMENT '.
(Operation and Maintenance Ser.vice Contr-act for' the
Wastewater- Treatment Facility at Montoe County Detention Center-)
THIS RENEWAL AGREEMENT is made and entered into
this 10th day of December, 1997, between the COUNTY OF MONROE and
DAVIS WATER ANALYSIS, INC. in order- to renew the agreement
betw~en the par-ties dated February 20th, 1997, (a copy of which
is incorporated hereto by reference); as follows:
1. In accordance with Article 12 of Section 00030 Qf the
February 20, 1997 agr-eement, the County exer-cises its option to
renew that Agr-eement for- an additional year-.
2. Payment by the County to Davis Water Analysis, Inc. for
the services prov'ided remains at $152',900.04 per year.
3. The term of the renewed agreement will commence on March
20, 1998 and terminate on March 19, 1999.
.
4. In all other respects, including the amount of
compensation due to Davis Water Analysis, Inc. the February 20,
1997 agreement between the parties remains in fu~l force and
effect.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seal, the day and ye~r first written above.
(Seal)
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:~~
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Attest: DANNY L. KOLHAGE, CLERK
By: ~O~=-~-0L c. ~~~
Deputy Clerk
DAVIS WATER ANALYSIS, INC.
By:
r;rM lI.k
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Witness
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APPROVED AS TO fORM'
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R BERT N. E
DATE II... 2~~ 2-
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.onlS agreel11ent lS~~t forth as Of the 20th day Of February In'c.l\r~lf~,;,::
year 1997, between THE OWNER, WElO IS THE BOARD OP COUI>ITY toMMIS:"
SIOI>IERS OP MOI>IROE COUI>ITY FLORIDA~~I>ID THE FOLLOWII>IG CONTRACToR.
NAME:
DAVIS WATER ANALYSIS, INC.
ADDRESS:
P.o. Box 2584
PHONE:
Key West, Fl.
33045
1
for the PU'-pose of performl ng a 11 of the wOrk re'I" Ired by tIle
Contrarl Doc"ments for the fol lOWIng ProJect,
305-296-3826
OPERATION AND MAINTENANCE OF TI.m
MONROE COUNTY DETENTION CENTER
WASTEWATER TREATMENT FACILITY
5501 COLLEGE ROAD
KEY WEST, FL. 33040
MONROE COUNTY BOARD OP COUNTY COMMISSIONERS, Who are hereafter
referred to as the OWNER and Who assumes all duties and reSPonsi_
bilities and has the rights and authority aSSigned to the OWNER
,in the Bid DOc"ments in connection With completion of 1I1e Work in
accO'-danc.> WI tll the Contract Docume,nts.
THg miNim' A)'IJ THg CONTRACTOIl AGI1Eg AS SET PORTH AS 1"OI.LOWS,
ARTICLE 1 - THk CONTRACT DOCUMENTS
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a) Tile Contract DOcuments conSist of this Agreement, Addendum
No. ]. the llequest for Bids, the Porm of Agreemen t the Sworn
Statement on PUblic gntity Crimes, the Non-COllUSion Affida-
vit. the Insurance Documents, the Sworn Statement under I~on-
roe County OrdInance . 10'1990, the Drug-Pcee Work Place
"orm, I'lmp Permit, and the Scope of Work and Sp(~C J flea tJ ons.
Tllese 10"m the Contract. and all are as fu] ly a Pc'" 01 the
Con t, ",., "" 'r at tac"ed 1:0 t" I SAge 0Cmen t 0'- rep"<ll,.oj "e, p , Ii .
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,.' ,," " 1<1 ')"'pa r ,:."" , 11. "I r~nv 1 r on men t a I I'r 0 t. p, ., J,,"
/ 'f" III J I IIC . /j '1 ) q II '/"I (.)
t r ac t 'Dcicu~;~ t: "~~r pe~~~~lllf~~ ~ ~~~~g W~~~pe r!~t{~~ a~~
tlons r . "c.
The Scope of Work shall include, but not be limited to, the
complete - ma 1n tenance and opera t I on Of the MONRO I<: COUNTY SToC~
ISLAND DETENTION CENTI<:R WASTEWATER TRI<:ATMENT FACILITY as
Outlined In the Request for Bids and the FDI<:P Permit.
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ARTICLE 3 _
ASSURANCE AGAINST DISCRIMINATION
~he CONTRAC~R shall not discriminate against any person on the
/'asis of race, creed, cOlor, national Orlgtn, sex, age, 0,- any
other character! stJ C or aspect whl ch j" not Job related, in lts
T ecrult I ng, h j I i n<]. PI .ornotlng, term1 11<01 1 n<], or any othel <01 Oil
<11 fectlng employmen, unde,- thIs agreement or Wlth the P'-oV!s1.on
of serVIces 01 gOod" Under this ag'''eem''n!. _. .
ARTICLE 4 - ASSIGNMENT
a)
The CONTRACTOR Shall not assign this agre~ment, except In
Writing and Wit 11 the Prior wr it ten approval of the OWNER and
CONTRACTOR, WhiCh approval shall be Subject to such Condi_
tions and prOVISIons as the OWNER and CONTRAC~R deem neces-
sary. Thl s agroement shall be Incoq'Orated by reference Into
any aSs1gnmen! and any asslgn~e shall COmply With all Of the
provls10ns of th1s agreement. Unless expressly prOVided for
therein, SUch approval shall In no manner or event be deemed
to 1mpose any Obl19at10n upon the OWNER In addItion to the
total agreed-UPon Pr!ce of the serv1ces/goOdS of the CONTRAC_
TOR.
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b) CONTRACTOR Shall not employ any SUbcontractor, SUPPlier Or
other person 01 organizatIon (inClUding those aCceptable to
OWNER) Whether Initially or. as a SUbstitute, against Whom
OWNER may have reasonable objection. CONTRACTOR Shall not be
reqUired to e~loy any SUbcontractor. SUPPlier or other per-
son or organization to furniSh to perform any of the Work
aqalnst Whom CONTRACTOR has reasonal'le oblectlon.
AUT] eLF ')
COt-1PLj ANCE ioJJTH LAW
,,, "'ov",,,,,, ,'" ",-, v""""qOO,'" pmSu"n, to 1:111" agreemenl. 11",
C<lI''''''ACTOl1 Sll<i' I <1'>t"" lc,y <ill ",,"'...,-.,;. "'dlnances, rU'e" an"
'00'1'>)'" ""10; 1''''' ',,',,',," "'. '" 11''1',1<,,,.,,,,, Ihe ,.,IOvlS10ns 01. ;;uell
;;"""e,.s. lnc' ",jJ n" lJ",,, " " nOW 1n ef("c, an,j h"relnaf1:er a<luPle"
II" \' v 1 n 1;" 1 .on '" s.'<J' 1 '''., I "I" ,; O"d' na" c,,, ,;. r' u' "s and I' 09" I '-' t:J 0""
;;, "tI, c'"'''' ll" led "'''' '" 1 ~ 1 br ea<:11 <) I tI,,, H" I' eemen tan,. s 118) ]
, . '" II '" lJ"", OW," ,;:" ,,, , ,. "" 1 n ~ 1:" t h 1 s co" I,.,,,., I ,"med I a 1. 0 I \' lIP,,, ,
,I.. , , v", Y '" ", I ',I,"" ",,' "',, '" tc', m i na, "JIl 1." 111'. ('ON')'IlAr'ro"
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6)
CONTRACTOR shall provide comp~tent, SUitably qualified
personnel to perform the Work as reqUired by the Contract
Documents, CONTRACTOR Shall at all times maintain gOOd diSCI_
Pline and-order at the Site. Except In connectIon With the
safety or protection of persons or the Work m property at
the Site or adjacent thereto, and except as otherWIse Indicat_
ed 1n the Contract DOcuments.
b}
All materials and eqUipment shall be of good quality and
new, except as otherWise prOVided In the Contract Documents.
It reqUIred by the OWNER, CONTRACTOR shall furnlsQ satisfacto_
ry eVidence (InClUding reports of reqUIred tests) as to the
kInd and qual1ty of mateUals and eqUipment. Onglnal InVOic_
es wI J] be subm1t t e,j t 11 tlw OWNER for re I mbur semen t . A I J
m.Jl. e ]-1 a I sand equ I pm"n]' Shin I be apPlIed, Ins 1"<, I led, connect_
('d. e]'ected, lIse(" C] '~'''j''d "nd cond1tloned In ,Keo]'dance wi tll
tl1<' I nstl-UCtlons 01 th" applicable Suppl1e] except as other-
l.JjS<,' prOVided In the' Contract Documents.
i
c I TIle OWNER Is tax exempt and reserves the right to PurChase
directly various materials and equIpment that may be a part
of the CONTRACT. If the OWNER elects to make a partiCUlar
purChase, the Director of FacIlities Mal~tenance, Public
Works DIVISion, Will act as a purChaSing agent for the OWN-
ER. The OWNER Wlll, via a PurChase Contract, purChase tile
materials and eqUipment, and the Contractor Shall aSSist the
Director of FaCIlities Maintenance, Public Works DIVISion In
tlw preparal10n of tl1ese Purchase Contracts.
Independent Contractor Status and Compliance with the
Immigration Refol-m and Control Act of 1986.
\
At all times and tOl" all pU]-POses under this agreement the
CONTI?ACTOR Is an Independent contractor and not an e~loyee
of the OWNER. No statement contained In this agreement Shall
be construed so as to find the CONTRACTOR Or any of hiS/her
employees, contractors. servants, or agents to be employees
of the OWNER. The CONTRACTOR aCknowle~es that It Is responSI_
ble for comply Ing WI th the prOVISions of the Immigratlon
Refo(m 8nd ContrOl Act of 1986, located at 8 U.S.C. SectIon
1324, et seg., and '-egU]Htlons relating the,,,,o Pal]u,-" '0
CO"'p)y wHh 1:110 ..bove I>>ov]'''"n, of thIs c"n,,,,,., 5h,,) 1 ]w
("on', ] ".., "oj a",..] ,., '.,] ]" ".,oJ, and 5)la I) bE" g, "'" ",.. 1 '" I "'",p,,,
d t. (. t. ( . I III 1 Il d 1. I () Il U 1 III ( . ( '( ) II t I ii C 1: .
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<, ) Th,., ]]'''''.,n ",."" ',J"., ". '.' 1:1". '" "'c' 0 ,- 0 f Pac 11 11. I "5 Ma I n ten a" c" ,
p,,,, I ] " Wo, k s ])] v I ,;] on . t" I. unct! on as Con tr it<"] Menage r. W]l"
s hit) J t", ""ilj,,,, S lI'l ,., f '" ,'n f '" '.- I ng pe r f o]-manc", "f t he Con
I'd'] t,.""" .",,, cn''''".I"n5. s<,rve as Jlason WIll, 1"1",. conlTae
1,(lI. dlld dprll (JVc,' i:l] I 1I)vc'Jlc(~:; prIor to paymf>nl..
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In\! - ii~d. ~~p~~~ ~~ ~~ ~~~p~~~~~; e ~~~c;~ n~!t~~~d rna ;~~~;~rn~'!~\t~~~~}~j;
connection with the WO~k. ./'ONTRACTORshall take all nece.~
.a~y preCautions fo~ the safety of, and shall P~OVlde the
necessary,protectlon to P~event damage, tnjury or loss to,
7.1. all employees on the Work and other persons and
organlzallons Who may be affected therebYi
7.2. all the Work and materials and eqUipment to be
incorpOrated therein, Whether in storage on or
off the Site; and
7.3. other property at the Site or adjacent thereto,
InClUding trees, Shrubs, lawns, walks, pavements, road-
wayS, stl'uctures, utilities and underground" faCilities
not deSignated for removal, relocation or replacement In
tl1<? cour se of construct iOIl .
10 I CONTRACTOJ? S h.., I I compl y with all app 11 cabl e Laws alld
RegUlations of any PUblic bOdy 11avlng jUrlSdicllon (01 the
safety 01 pel ';OilS or propel-ty or to protect them fi'om damage,
Injul'y 0,- loss; and Shall erect and maintain all necessary
saf~gUards for SUch safety and protection.
C) Since the (aCIUty'S tanks, electrical lines, water and Waste
lines are Installed partially or totally' Underground, the
CONTRACTOR shall notify owners of adjacent property and of
UndergrOund faCilities and utility owners when prosecution of
the Work may affect them, and shall cooperate with them in
the protection, removal, relocation and ceplacement of their
property. All damage, Injury o~ loss to any property, dlrect_
1 Y or -i nd lr ec II y, in WhOle Or i"n part, by CONTRACTOR, any
sUbcoritractor, SUPPlier or any other person or organization
directly Or Indirectly employed by any of them to perform or
furnish ariy of the Work or anyone for whose acts any of them ,
may be liable, Shall be .remedied by CONTRACTOR (except damage
or lo&s atlrlbutable to the acts or omiSSions of OWNER or
anyone emplOYed by OWNER Whose acts may be liable, and not
attributable, directly or indirectly, In whole Or In part, to
the fault Or negligence of CONTRACTOR).
dJ CONTRACTOH shalJ deSignate a responsible representative at
the SHe Whose duty shall be the prevention of aCCldents.
Thl S pe ,. SOn 51", 1 I be CONTnACTO,," S '0 upe r j n ten"'-n I un 1 cs S '" 1,,-,_
W J SP (j(..~ 1 '-JI j,j 1 o,j l1"l \-11 j I. ll1q by CONTH1\CTOH t () n\'JhWI~'
'1
'~ "
., \~. " " '\';:~;:M~'; .. ,;j~~':~"~"
....' in emergenCies affj,~t1n9 the 'safety ':r prote!~on of p~r~ohs ',t.". ,
the Work or property at the Slt~~or adjacent thereto, CONTRACTO~r
w1thout specIal InstrUct10n or author1zation from OWNER, IS Obit:
gated. to act to prevent threatened damage, 1nJury or loss. CON-
TRACTOR Shall-give OWNER prompt wr1tten notice il CONTRACTOR
believes that any s1gnlflcant changes 1n the Work or var1atlons
from the Contract Documents have been caused thereby.
ARTICLE 9 -
SUSPENSION OF WORK AND TERMINATION
a)
\
OWNER may term1nate upon the occurrence of anyone Or
more of the fOllowing events:
9. I. 11 CONTRACTOR commences a "voluntary case under any
chapter of the Banl,r-uPlcy COde .CTi tle I I, Uni ted States
COde I, as now or her-eafter in effect, or if CONTRACTOH
takes any eqUivalent 01'- Similar action by fj)lhg a petI-
tion or otherwise under any other federal or state law
in effect at SUch time relating to the bankruptcy or
inSOlvency;
9.2. if a petition Is filed aga1nst CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter in
effect at the time of fi11ng, or if a petition is filed
seeking any SUch eqUivalent or similar relief against
CONTRACTOR under any other federal or stale law in ef-
f ect at lhe li me l-e 1 a ling :to bank ruptcy 0[- 1 nso) vency ;
9.3. if CONTRACTOR makes a general aSSignment for the
benef~t of creditors;
,i,
9.4. if a trustee, receiver, custOdian, or agent of
CONTRACTOR is apPOinted under applicable law or under
contract, whose apPointment or authority to take Charge
of property of CONTRACTOR is for the purpose of enforc-
ing a lien against Such property or for the purpOse of
general administration of such property for the benefit
of CONTRACTOR's creditors;
t
9.5. if CONTRACTOR admits jn writing an inabl Illy to PAy
1 t:s d(~bls ge:>rJ0r"d)) y d~~ t11e become due;
().(. ]1 CO"lTn/\('T(>I~ P('I~;l:;l(.>nt.)y (aj)s to pel"follll Ill'..
\-JorJ{ 1n dl:(:Old<:inc(,:, WIl.1i Ll1e Contract Documents (IncJU(j.
lng. I)\JI not limIted lo, failure:> to :,uPply ~;lIf(I(~lenl
SJdlled W(H)u::>rs 01 ~;\JJI:(j/)le materials or (>qIJlpm(~nt:);
'/., If COI-lTIi/\('T()H (jU;I(.'<:jdld~; La\",~:; or 1~(iq\JJ;Hlol1~; (jf dny
pul:;J 1(" ))()ljy 11iJvlnq JIlIISdlctlon;
'/ H l( C()I\jTI~^I"n)li cjJ~';I('q'I/<j~; t/1e autllorlty or O\"'NI'~I{. l)1
., '/ if C'()I\jTI~^I"l'nl~ (11)(..1\....1:;(.. vlo1dte~.; In aIIY'~.;I.II.I~:;ldIJl1,d
Wi.IY ..lll\, PI ',vl~';lon:; (II 11)(... Contract DOCU!l\l"l1t~~
<?'J
l
- "'-'tl ue--~:'~~~~.J'.:h~~:., .~~.~~ ,I .
.~~t' Tf')ACTO~ "hO<<... '....". "'.
-..... ...~.. V 4~~ta Q'-\.\;,,;.yN ~ ", .e~C::1Jcl~""':'"
. .' · q 'f,.,.,. <lie S 1te and take posoesd'ibn of It andOf.~l1
CONTRACToR s t'i\~ls. apPliances, and machinery at the Slte'~nd
uSe them the same to the full .xtent they could be Used b~~
CONTRACTOR ("1thout 11abl 11 ty" to the CONTRACTOR for trespass
or converslonl. along "Ith any' Supplies or eqUipment
purchased' by the OWNER for use tn provldl.ng the se,'vlces
described In this Contract '''hether on Site or not- and to
proVlde tile Se('vlces 1tself. In such case CONTRACTOR shalJ
not be ent1tled to receive any further payment until the
eXPlral10n Of the contract term. If the unpaid balance of
the Contl'act Pr lce exceeds the direct, Indlrect and
consequent i aJ costs of completing the Contract servlces for
Wle year SUch excess "Ill be pald to CONTRACTOR. If SUCll
costs exceed SUch unpaid balance, CONTRACTOR shal f" pay tile
difference to OWNER.
C)
Where CONTI1ACTOR's servl.ees Ilave b<>en termlnated under pil",]
graph 9a E, 91) I)y OWNEH, the tC"lIllnal1on W111 not affect
any r 1911 ,,; 01- I' emedl. es of OWI<EH agillns t CONTHACTQH the ex I. s t-
I. ng or wh i ell may thereaf tel' aeer lie. Any ,-etenl1on 0'- [Oaymen t
of moneyS due CONTRACTOR by OWI<EH wtll not release CONTRACTOR
from l1alJllity.
d)
Upon seven days' "ritten notice to CONTRACTOR, OWNER
may, Wl.thout cause and Without prejUdice to any other right
or remedy, elect to abandon the Work and terminate the Agree-
ment. In SUch case, CONTRACTOR shall be paid for all serVices
prOVided and any reasonable expenses directly related to the
termlnatlon but eXClUding COnsequentlal damages and lndlrect
expenses lncJUdlng home off1ce qverhead.
Contractor m(~y stop work Ot- terminate:
If, througt, no act or faUl t of CONTRACTOR, the Work ls sUs- t,
pended fOI il periOd of more than nlnety days by OWNER Or
under an (H d"r of court' or otllBr PU!111c author 1ty , or OWNER
falls to act on any APPllcatlon for Payment wlthln a reason-
able tlme after lt ls sUbmltted, or OWNER falls to pay CON-
TRACTOR any SUm f1nally determIned to be due witlll n a reason.
able t1me, tllen ~NTRACTORmay, upon nlnety days' Wrltten
notice to 01;NER, termlna te the Agreemen t and recover from
OWNER payment for all Work exeCuted and any expense SUstaln"d
PI us reasonal)]e termlndtion expenses. In ad'll \ 1 on and 1"
lleu of \'''''''nal1ng tile ^9ceeHle'l\. 1f O\;NEH l1a" L.il,'" to "'"\
on an ^1>1'llcaUon for PaY"'"nt 'n "a" faIled to mal<(' any p"y
m,'n t d" .", n ,. .", Hj. CONT""CTOl< m" y Upon nIne L Y 'jays' w, J L\.<."
n"" ,-,. I " , M"'m stop t1w WO'" nn" 1 lOa ymen 1 0 I a I 1 an" "'" t s
I I H" n d u (.
(,
-.., , ;':'.', -;~'~4 ~;\~'i;b'.:.~~' ~t~~{t1~~~;\1'~.:';-;~'~~;':'~:~;_:I':~:'.'"
1t.'11~' .;'f!:i~.::(ll{'!&!~"''i!~.l :,.,}r".: '.i'.. ':~ :'."', .
\1;~W ':. .''In.; \;,l:f<~ii:; ",'!;;' ;",;,'< :",. .
.. .. - · U UIIS. <11 SP~;l; and 0 the r ilia t t e r Sin qu'; S t 1 on be tWe en cii.i~IlR
illld CONTRACToR A'flSlng Out' of. or relating to the Contract Docu_
ments or the breach thereof (ex~l>t for claims Which haVe been
waived by the making Or acceptance of final payment) Will be
decIded by a COurt of Law In the County of Monroe to the State Of
Florida. All procedures shall be Subject to all the Standard
PI"actJces of Clvll proceedtngs of the State of Flor1da. Tile
CONTRACTOR shall carrYon the Work In accordance With the con-
l.. act dOcuments and wi thoul delay during diSPutes ana dlsag'-ee_
rn<?nts wi th t11e O\.JNEH,
hRTICLE 11 - TERM OF CONTRACT
T 11 i '; CONTHAI"T "h.<] J ,," I I" " t we 1 ve (] 2) 1110 n 1 It po I J OIl l"'g Jr"" "'1
0', 1:1AnQL.2Q.._utU el'l(' VII,is on "ARCH 19. ] 998. "[hi s CONTnAr:T
t~rm shaJj I)e rone""b),. 'n "C("ordance with Article J2.
ARTICLE 12 - RENEWAL
The OWNER Shall have the opt Ion to renew thl s agICeement aHeIC the
'fIrst year. and each sU("ceedlng year, for four (4) additlona] one
ye"r PeICIOds. Th~ conlICael amou~t agre~d heICeln may be adjusted
alllllla lly 1 n accO"dalln. W I lit tile peIC'centage Chang,> 1 n the Consume..
Price Index ICPI) 'a' Wage Earners and Clet"lcal Workers III the
".Jallli, F10l'jd<J "ICeo In<!(ox, "nd shall be based upon the annual
a'yeICage CP] .computal'on from January 1 through December 3) of t
t:J"\ P pre v 1 0 u ~~ yea r .
ARTICLE 13 - FUNDING AVAILABILITY
III Ih~ eVent tllal fUlld" "-olll Facll'ttes "a '" lell,HlC<' O('lellll'>I'
FAC j J 't 1 es COlll, ~':I "., I "P, v I ces are pan 1" I] \' 'ed'","" 0' ,'<''''',''
I)" ,)1, LJ ; "H1 0' ''''''',,' I". ,', '" I J """" a tal eve) S "" ,,., "Ill I." ,,] I""
].., "h' """':10<,.", "~I II"~. ",'rvlces/9oOds specll'",! ,,,,,,,,,,.1.10,,,
."" ", '111"" I '"" I' I. n,,,, I...' ,", "''','' 1 ",j j IIlllled 1 ate 1 y a I "h,. '"I" J "" 0] tlh'
"" ,,,.,,, "1' W,,, I. <'I, ",,' ,,',. .. I. I. H m' na tJ on de) 1 v (', ,',j J" p" r s,'"., '" I.,y
",., I I '" I I II, e')NT" IlI"T(j1l TI ". "w'"m s ha] J not: be 01.) J 1 ga , ,,,' ] I) IV' Y
f '" ..... y s,', V I OJ" I"" V I ,'," I. '" ..'" Y 0Qll' pme n t p ", ,.] """"d by tI ". ('ON
TI..", 'T'1I.. .,] I. ,., I. n, ,', "HI..", T' 'I' I...,,; ,. ece i ve" ,.", I Ie", 110 [j c,,' 0'
I .., "" II", I J, '" I. '<0 Y "", II I I. " I I II' CONTRACTOR to, t p, m] II." "ll"' II ,,,',' I
"".; ", I. "' t" '" t I I... '",'" II I., I ,.." pilI SUanl t () pel 1;"", iJplo '.1"
~
0.
t~:'i\t'.'.j
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.. ',...).;.<" ,..... ,c,
,.. ~'I~""l' \'..-~.: "1"
" Y<;,X~~,if:'~~'::'::::~:' .
The CONTRACTOR warrants that it i$, author12ed by law to engage In
the performance Of the activt\les encompassed by the project
here1n described, The provider shall at all times exerCise Inde_
pendent, P'otesslonal jUdgment and shall assume prOfeSSional
responSibility for the services to be prOVided. COntinued fUnd-
Ing by the OWNER is COntingent upon retention of appropriate
local, state, and/or federal certJ flcation and/or licensure Of
CONTRACTOR.
kRTICLE 15 - NOTICE REQUIREMENT
Any no t j ,'" I ''''11l j r ect Or 1""]]11 1 L t ,," Illlder t his agr "'''IIl''1l1 sha II be in
wr 1t i ng 'it](1 h'''I<l de II ver ell '" 1Il," ] ed, Pas tage PI' epH j d , to the
other Purty by certified Ill'''], '-"turned receipt "'gIlQs'ted, to the
[0110\.J1n9 :
FOR OWNER:
Monroe County PUblic Works
Facilities Maintenance Dept.
3583 Sout~ Roos0velt BlVd.
Key West, F]olJda 33040
FOR CONTRACTOR:
At tn: Oil-ectol'; of Facil1li.es Ma 1n t.
Dav1s Water AnalYSis, Inc.
p ..0 . 80 x 2 584
Kdy West, Pl. 330'10
,
ARTICLE 16 _
PAYMENT
The OWNER Shn]1 pay to the CONTRACTOR foe the perforlllance of Said
serVice on " Per 1Il0nth 11l aneHrs baSis on Or IOPf'Jre tJ1C' 15th
day of the [,'I lOWing mOnth in "ad1 or twelve (ll) mon'hs. The
CONTRACTOH '. h.. I] i 'lvo lee lJ 1<' OWl' EI' III" n , h] Y fOr W,,,,, "'Wi]] '" T, p" I
'0<' nIl.'..,. 1] "\"'1 II', a tJ on n'1<1 >on" 11 "Il' n,..,., pe r f: 0 I' ""'" U I "",., I. h,. Co n.
1.',1<'1. /)''''''''''''''5 ronl.a],,,,,, 11<""'n TI", ConL'ac] """.>'"'' Slia]] t'e
'''.; "1.-, I <'d hI' "". "OI;THACTcm" "'I<)/""oa I as f 0] ] owo, S]" 7 . q.. . 04 pe,
)' (','j I. I. () 1')(' I', J I, j ':: J ;; , 74] . (-j 7 pi? I III(JI'J I h
I;
I . ,.- .
I) J
~)t" . ii, ,', .. " /i.:;";}Yt~l~\:
...~ UUtles.' ~~ Obll~~ti'g~s 1mposed b~'tlleGeGenerel con'i;U
,t1 ons end the >.;;.'t9h t s elld remedIes eve!! eb I e her eunde,' to. . the
pet:t1es hereto, and, in Rartl cUle,' but Without l1mltat ion
" , ,
the wan' an t t es, gua" en tees end ob 11 ga t Ion s t mpo sed upon CON,
TRACToR and all of the rights and remedies available to OWNER
the"eundel, Me In addlt Ion to , and fire not to be ron"t1ued
in any way as a llmltatlon of, any rlglHs and "emedies avail_
able to ell:ller or [10th of them which ar'e otherWise imposed at
available by Laws or RegUlations, by special warranty Or
guarantee Or by other provISIons of the Contract Documents,
and the prOvtslons of this paragraph Will be as.effecttve as
if repeated specifically in the Contract Documents in ronnec_
t;ion With each partiCUlar duty. ObligaUon, right and t-emedy
to Which they apPI y . All represen ta tlons, warrant i e:; and
quaran tees matie I n the Contract Documen t S Wi II survj Vc' f, roa]
lOa ymen t anti t <"',,, I Ii ill j on or .,compl e tl on 0 f t 110 Agr <-emen t .
~,.
,'p~..r~r.;',
No prov 1 s Ion 01 t hI" "9' eemen t Ot the duty 0"
perform any iV' r"'lulred by.th!.s Agreement
waived by t1W"""h.p, of any partlcula,' art or
bt-eaCI1.
Ob11gt'i t 1',JI} Lo
S11a11 be> (j(""IIIC'(j
OCC\lrrpl1(',;. Cd
r) This Writing const) tutes the entire expression of the par lles
agreement and Inay not be Contradicted, mOdified, eXPlaIned or
sUPPlemen ted by any lOr ior wri t ten agreement or oral ag"eement
or any other prIor written or oral communication.
t
./
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,,'.;n
~l" ~1
~J-~
Attest:
~;;N~
~~ //1~~
W1TNESS
COrporate sea] if corpOration:
COUNTY' OF ,'~:i.~~ROEF~STATE Oli"
"f' . .
FLORIDA,
l,
'l
By
DAVIS WAT8R ANALYSIS, INC.
. ,. ~...~_/ / ~J\ _". .
By c~~ ey --,Z1 c. {..(. \I
/ Contractol' Rep.
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