Loading...
HomeMy WebLinkAbout2000-124• �l ofJ CONTRACT EXTENTION OF THE OPERATION AND MAINTENANCE AGREEMENT This Agreement, dated the 18thday of Apri 1 , in the year 2000 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Ecotech Consultants, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents during the contract period. The work is generally described as follows: The maintenance of the West Regional Wetland Treatment System at 8405 8'" Street, Indian River County. The work includes, but is not limited to, updating of a Quality Assuranre Program (QAP), performing on-site and off-site water quality sampling and assistance. This includes sampling and assistance associated with toxicity testing, vegetation monitoring / control, soil sampling, water level monitoring / control, detritus sampling, denitrification study, wetlands operation and maintenance. Further contractor responsibilities are for regulatory permitting functions, which include and are not limited to the maintenance, renewal, modification, and reduction of the operating permits for the Wetland Treatment System or any other similar wetland system or County Treatment Plants and Treatment Facilities. These responsibilities also include the preparation of reports to FDEP and other regulatory agencies. Additionally the contractor will assisting the County in fulfilling all permit requirements and their specific conditions and amendment of permits. Preparation of public education materials and/or attendance at meetings as necessary is included. The Contractor will continue to provide on going monthly staff training, through field and classroom I ours, which will continue to allow Indian River County employees to effectively operate and maintain the WTS. Indian River County shall agree upon the training schedule and program. CONTRACTOR, as an independent contractor and not as an employee, shall furnish all necessary labor, equipment, and materials to perform the work described above in accordance with the Contract Documents. Article Z SCOPE OF SERVICES This agreement assumes that Ecotech Consultants, Inc. (contractor) will be responsible for the overall operations and maintenance of the WTS for the term of this agreement. Further the Contractor will continue to provide comprehensive training in order that Indian River County employees may continue the operating and maintenance of the WTS as required by permit on a daily bases. Ecotech Consultants, Inc. will assist the County Utility Department with permit modifications, renewals, maintenance, and reduction of the operating permits for the Wetland Treatment System. The costs for providing the services described within this scope of services are $ 35,000.00 for the term of this agreement. 2.1 Preparation of Quality Assurance Program (QAP): The Contractor will update the project specific QAP as required by permitting for the sampling procedures outlined below by Article 2.2 through 2.8. 1 of 6 J '2.2 On -Site Water Quality Sampling: The Contractor will set up a comprehensive sampling schedule for on-site water quality sampling to be used by Indian River County employees and instruct and monitor them in its proper use and sampling techniques. The Contractor will train and assist Indian River County employees with collecting the required water samples from the wetland system. The Contractor will facilitate the delivery of the water quality samples to an independent laboratory for analysis. The Contractor will compile the results of the laboratory data for this task into a summarized form on a monthly basis. Information generated as part of this task will be submitted to the County on a monthly basis, and will be submitted to FDEP by the County on a monthly basis in the form of a monthly operating report. 2.3 Off -Site Water Quality Sampling: The Contractor will set up a comprehensive sampling scheduling for off-site water quality sampling to be used by Indian River County employees and instruct them in its proper use and sampling techniques. The Contractor will train and assist Indian River County employees with collecting the required off-site water samples. The Contractor will facilitate the delivery of the water quality samples to an independent laboratory for analysis. The Contractor will compile the results of the laboratory data for this task into a summarized form on a quarterly basis. Information generated as part of this task will be submitted to the County on a quarterly basis and will be submitted to FDEP on an annual basis as part of the annual report. 2.4 Vegetation Monitoring: The Contractor will assist and train the County in an annual tree count as required by permit. The tree count data will be reported to the County and the FDEP on an annual basis as part of the annual report for the wetland system. The Contractor will arrange for one aerial photograph (color infrared stereo transparencies, 1" = 200 feet) of the wetland site on an annual basis. The Contractor will set up and operate six (6) transects within the wetland. Samples will be collected at a minimum of thirty (30) stations along each transect, and will be used, in conjunction with the aerial photograph, to develop vegetation maps for the wetland. The vegetation maps will be submitted to the County and to FDEP on an annual basis as part of the annual report. The Contractor will operate six (6) biomass plots for the dominant macrophytic vegetation. Biomass samples will be collected from each plot on a quarterly basis, each sample will be sorted by species and weighed to the nearest 0.1g. The Contractor will collect four (4) sub - samples from each of the biomass stations and will prepare these sub -samples for chemical analysis (samples to include both above and below ground structures). The biomass data will be reported to the County and the FDEP on an annual basis as part of the annual report for the wetland system. The Contractor will assist and train the County in weekly water level monitoring as required by permit. The weekly water level data will be reported to the County and FDEP on the annual monitoring report as required by the permit. 2.5 Soil Sampling: The Contractor will operate seven (7) soil -sampling plots within the wetland system. The Contractor will collect one sample from each station. The Contractor will deliver the soil samples to an independent laboratory for analysis. The Contractor will compile the results of the laboratory data into a computer database. The soil data will be reported to the County and to FDEP on an annual basis as part of the annual report for the wetland system. 2 of 6 • 40 CA 2.6 Detritus Sampling: The Contractor will operate six (6) litter study plots within the wetland system. A minimum of fourteen (14) samples will be collected at each station annually. The collected material will be dried and analyzed as per the Engineering Report for the wetland system. The detritus data will be reported to the County and to the FDEP on an annual basis as part of the annual report for the wetland system. 2.7 Denitrification Study: The Contractor will operate six (6) denitrification study plots within the wetland. Each plot will consist of a minimum of fifteen (15) monitoring cells. Data will be collected from the six- (6) de -nitrification study plots on a semi-annual basis. The Contractor will deliver the samples to an independent laboratory for analysis. The denitrification data will be reported to the County and to the FDEP on an annual basis as part of the annual report for the wetland system. 2..8 Wetland Operation and Maintenance: The Contractor will inspect the wetland system on a weekly basis, logging in at the facility with each visit, and at the County request will provide instruction and input to the County staff for effective operation and maintenance of the WTS. This input will be part of the monthly operations report that the Contractor will submit to County staff accompanying the monthly invoice. The Contractor will maintain the total coverage of exotic and nuisance plant species (including Typha spp.) below the distribution limits stated in the FDEP Permit. The Contractor will set up a comprehensive training and management program, (see Task #10) for County staff to assume responsibility for monitoring and maintain the total coverage of exotic and nuisance plant species at the end of the year. The Contractor will operate two (2) evapotranspiration stations within the WTS. Readings will be collected over a four (4) consecutive day period on a quarterly basis.The Contractor will set up a comprehensive sampling and training schedule for the operation of the two (2) evapotranspiration stations. The Contractor will train County staff and instruct them in its proper use and sampling techniques. The Contractor will train and assist County staff with collecting the required readings. 2.9 Annual Reports: The Contractor will prepare an annual report summarizing the resu' .s of the monitoring program for the year. This report will include a detailed analysis of the data as outlined in the Engineering Report. Three (3) copies of the draft annual report will be submitted to the County for review and comment. Comments received from the County will be incorporated into a final annual report. Three (3) copies of the final annual report will be submitted to the County for their use, and two (2) copies of the same report will be submitted to FDEP. 2.10 Plant Maintenance: The Contractor will procure the materials needed, such as plant materials, to maintain the plant communities within the WTS as per the FDEP permits. The Contractor will utilize only approved chemical control methods applied by State certified applicators. All herbicides, etc. are to be subjected to State of Florida approval. 2.11 Toxicity Testing: The Contractor will assist the County with the collection of samples and the coordination of the toxicity testing associated with the NPDES Permit. 2.12 Minor Permit Assistance: The Contractor will assist the County with the maintenance, renewal, modification, and reduction of the operating permits or the preparation of application for permits relating to the County wetland systems or any other similar wetland system or any other County Treatment Plants or Treatment Facilities 3 of 6 40 410 Article 8. OWNER. The property to be maintained is owned by Indian River County and administered by the Indian River County Department of Utility Services. Its representative person, hereinafter called County, is whomever is to act as the County's representative, assumes all duties and responsibilities and has the right and authority assigned to him in the contract documents in connection with professional administration of the contract as specified in accordance with the contract documents. The County's representative is to be the Director of Utility Services or his representative. Article 4. PAYMENT FOR THE SERVICES 4.1 The County shall pay the CONTRACTOR a fee for the completion of basic services in monthly progress payments for the term of the contract. The total yearly fee for this contract is $35,000.00. The County shall withhold the last months payment pending final delivery of items contained within the scope of work. 4.2 The CONTRACTOR shall submit a monthly statement and monthly operational report prior to payment by the County. The Contractor in electronic format (Excel and/or MS Word) will provide all data and reports to the Owner. 4.3 The County shall make prompt monthly payments to the CONTRACTOR in accordance with the Florida Prompt Payment Act, Florida State Statutes 218.70. AMcle 5. PERIOD OF SERVICE 5.1 The period of service specified in this contract is a two- (2) year period from the date of execution of this agreement. 5.2 This contract may be renewed annually for three separate terms at the County's option with approval of the Board of county Commissioners. The yearly contract fee will remain the same thru 2005. Article 6. SUCCESSORS AND ASSIGNS 6.1 The CONTRACTOR shall not assign, or transfer any rights under or interest in this agreement without written consent of the County, except to the extent that any assignment or law mandate transfer or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this contract. 6.2 The CONTRACTOR may employ an independent contractor as to assist in the performance of service in accordance with this contract, upon written approval of the County. The independent contractor; if accepted by the County shall be bound to the same terms of this agreement. 6.3 Nothing under this contract shall be construed to give any rights or benefits to any one other than the County (OWNER) and CONTRACTOR. All duties and responsibilities pursuant to this contract will be for the sole and exclusive benefit of the OWNER and CONTRACTOR and not for the benefit of any other party. 4 of 6 • • S Article 7. INSURANCE 7.1 The CONTRACTOR shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury, including personal injury, sickness or disease, or death to any and all employees or to any person other than such employees, and from claims or damages because of injury to or destruction of properties including loss of use resulting therefrom. 7.2 Workers' Compensation and Employer's Liability Insurance. The Contractor shall provide workers' compensation insurance as required by law and employer's liability insurance of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease policy for each employee. 7.3 Business Automobile Insurance. This coverage shall include owned, hired or non -owned vehicles at a minimum combined single limit of $100,000 per occurrence. 7.4 General Liability Insurance. This commercial general liability insurance shall include contractual liability and independent contractor coverage with a minimum combined single limit of $100,000 per occurrence, 7.5 The OWNER, Indian River County, shall be added as an additional insured on all policies described above for work under this contract with the exception of Workers' Compensation and Employer's Liability. A certificate of insurance shall be provided to the Risk Management Division fifteen (15) days prior to the commencement of work under this contract. 7.6 The County will be given thirty (30) days written notification of any intent to cancel or modify any stipulated insurance. Article 8. TERMINATION The obligation to provide further services under this contract may be terminated without prejudice by The County upon sixty- (60) days written notice. Further, the County may terminate this contract for public convenience. The CONTRACTOR shall be paid to date of termination, including all retainage held for work done to that date. Article 9. CONTROLLING LAW. SPECIAL PROVISIONS AND SCHEDULES This contract agreement is to be governed by and include all laws of Florida and local ordinances. This agreement, together with the exhibits; and schedules identified above, constitute the entire agreement between the county and CONTRACTOR. This agreement, exhibits, and schedules may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Article 10. SUBLETTING The County has retained the contractor to be the sole provider of services under this contract and discourages the practice of subletting any services to other firms or individuals. The contractor shall not sublet, assign, or transfer any work under this agreement without the written consent of the County. When applicable, and upon receipt of such consent in writing, the contractor shall cause the names of any firms or individuals responsible for major portions of each specific task as described in the scope of services to be inserted on the reports or other data. 5of6 C1 • Article 11. ADDITIONAL WORK Article 1 thru 10 are part of the basic services authorization and are not considered additional work. In the event changes are requested by the County to the documents after said documents have been approved and accepted by the County and upon the issuance of a work order for said additional work by the Director of Utility Services Department, said additional work may commence upon receipt of a Notice to Proceed. Compensation for additional service work shall be at a price to be negotiated between the contractor and the County. County acknowledges that such work may be authorized in writing only by the Director of Utility Services Department. IN WITNESS WHEREOF, the parties hereto have made and executed this agreement as of the day and year first above written. (Name of C pany, 99ntractor or Consultant) (Name an Title atory) Witnessed by: Cou� ty Attorney Approved as to Form and Legal Sufficiency J mes E. Chandler County Administrator WTS Agreement Extension Rev. 4/10/00 INDIAN RIVER COUNTY, FLORIDA Fran Adams, Chairman Approved by BCC 04-18-2000 Attest: Jeffery k. Barton, Clerk of Ci Court Coudrt Deputy Clerk 'Al RICIA M.-Hly --LY 6 of 6