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2013-37 AGREEMENT FOR LABORATORY SERVICES THIS AGREEMENT, made and entered into this caelday of ,,4p,—,/ 2013, A.D., by and between the City of Clermont 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and SOUTHERN ANALYTICAL LABORATORIES, INC. 110 Bayview Blvd., Oldsmar, FL 34677 (hereinafter referred to as "CONTRACTOR"). WHEREAS, CONTRACTOR in response to a public bid prepared and issued by Plant City pursuant to Plant City RFP No.: 11-96148-00 submitted a response to provide laboratory services for water testing; WHEREAS, based on CONTRACTOR's response, Plant City awarded a contract and entered into an agreement with CONTRACTOR dated June 1, 2011; WHEREAS, CITY desires to utilize the Plant City's contract with CONTRACTOR and to enter into this Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Plant City Contract dated June 1. 2011. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in Plant City RFP No.: 11-96148-00 and the Plant City contract dated June 1, 2011, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. To the extent of a conflict between this Agreement and Exhibit"A", the terms and conditions of this Agreement shall prevail and govern. ARTICLE II -THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit 'B', attached hereto and incorporated herein. ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and 1 shall remain in effect for a one (1) year term, unless terminated as provided for herein. Additionally, the parties agree that the term may be extended upon CITY"s sole option for periods of one (1) year, but such option to extend may only be utilized four (4) times unless authorized by the City Council for additional extensions. 2. Prior to completion of each exercised contract term, the CITY may consider an adjustment to price based on changes on the U.S. Bureau of Statistics, Producer Price Index (PPI) for the most recent twelve (12) month period (see http://www.bls.gov/ppi/ppi_dr.htm Current Edition). It is the CONTRACTOR'S responsibility to request in writing any price adjustment under this provision. The CONTRACTOR'S written request for adjustment should be submitted sixty (60) days prior to the anniversary date of the contract. The CONTRACTOR adjustment request must clearly substantiate the requested increase. The written request for adjustment shall not be in excess of the relevant price index change. If no adjustment request is received from the CONTRACTOR, the CITY will assume that the CONTRACTOR has agreed that the optional term may be exercised without price adjustment. Any adjustment request received after the commencement of a new option period shall not be considered. The CITY reserves the right to reject any written price adjustments submitted by the COMPANY and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a CITY exclusive prerogative, and not a right of the COMPANY. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 3. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 2 ARTICLE IV- COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work within 10 calendar days after receipt of a purchase order or notice to proceed, and the CONTRACTOR will complete the same as set forth in the purchase order or notice to proceed.. 2. The CONTRACTOR shall prosecute the work with faithfulness and diligence. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the General Conditions, CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. CITY shall make payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for work performed during the preceding calendar month under the Agreement. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 3 2. Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any 4 subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Southern Analytical Laboratories, Inc. 110 Bayview Blvd Oldsmar, FL 34677 CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this 5 agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. CONTRACTOR expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. CONTRACTOR expressly agrees that it will comply with all requirements related to said law and that it will hold CITY harmless, including attorney fees and litigation costs, for any such disclosure related to Florida's Public Records Law. ARTICLE X -AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order 3. All documents contained in Plant City RFP No.: 11-96148-00 and the agreement of June 1, 2011.. 6 IN WITN SS WHERE F, the arties hereto have executed this Agreement on this a�3 ay of f--,/ . 2013. City of Clermont .A...It;',..-_-..,17_,_ , ---_ _I -:. urvi le, Jr., ayor Lict_eci Attest: I Tracy Ackroyd, City Clerk , Southern Analytical Laboratories, Inc. B y -- -,-`^-- C.� ‘c--cem".6. �60.4A.ek51 ?`'e4 icle■Ak Printed Name and Title Attest: 4,--et,_)c4-4,--Le... a Corporate Secretary l_:..^.eJl��A-v.Le151 Sees/rec.,s. (Name Printed or Typed) 7 • EXHIBIT A AGREEMENT THIS AGREEMENT is entered into this k` day of —S%-,w2 , 2011, by and between the City of Plant City, a Florida municipal corporation ("City") and Cot_l-lrL2'M ak �:cc.1 LA.t,Orc.-ac'..eS Luc. , whose address is l\O "gc�yy6.e.� i3wi& Ol& w.ctc— FL 3` (01-7 ("Laboratory Services Prov'ider"). WHEREAS, City desires to retain Laboratory Services Provider to render certain services, as described herein; and WHEREAS, Laboratory Services Provider represents that it is qualified, willing and able to provide the described services according to the terms of this Agreement; it is therefore agreed that: 1. SCOPE OF AGREEMENT. The parties agree that the purpose of this Agreement is for Laboratory Services Provider to provide to City the services described in Request for Proposal No. 10- 96148-001 as described in its submitted Proposal Form. The terms of the Request for Proposal, Proposal Form, General Specifications and Appendices A, B and C are incorporated herein by this reference. The services performed by Laboratory Services Provider shall be in compliance with all applicable federal, state and local laws, ordinances, rules, and regulations that would apply to this Agreement. 2. COMMENCEMENT AND PROGRESSION OF WORK. Work performed by Laboratory Services Provider will commence on X Zok and shall continue for one year from the date of commencement,unless terminated pursuant to paragraph 5 herein. By mutual agreement, the parties may extend this Agreement for four (4) one-year terms under the same terms and conditions, except as otherwise provided in this paragraph. The parties shall execute an Amendment to this Agreement extending said Agreement not less than thirty (30) days prior to the expiration of the current term. City Manager is authorized to execute said Amendment, under said terms,on behalf of City. Laboratory Service Provider warrants that all prices stated in its proposal will remain firm for the initial term of this Agreement. Any escalation in prices may be made on an annual basis thereafter by mutual agreement between City and Laboratory Service Provider. Request for price increases must be made in writing to Purchasing Administrator at least sixty(60)days in advance. Increases in prices shall be based on the most recent U.S. Bureau of Statistics, Employment Cost Index news release text (released: April, July, October and January of each fiscal period) 12-month percentage changes in the Employment Cost Index, not seasonally adjusted--Private Industry, Compensation Costs, Table 5 (Professional, scientific, and technical services), the percentage change for most recent calendar year reported, not to exceed five percent (5%) (see http://www.bls.gov/news.release/eci.toc.htm). All requests for price increases are subject to review and approval by City. 3. PAYMENTS TO LABORATORY SERVICES PROVIDER. All payments shall be made on a monthly basis within thirty (30) days after receipt of invoice(s) that shall conform to City's accounting submittal requirements. Upon certification by City Manager that all work has been performed in accordance with the terms of this Agreement, City Manager will authorize payment of such invoice(s). 4. MODIFICATION. Any modification of any term or condition of this Agreement must be agreed to in writing and signed by both parties in order to be effective. 5. TERMINATION. A. If City materially breaches this Agreement, Laboratory Services Provider may terminate the Agreement and shall thereafter be entitled only to compensation for services actually performed hereunder prior to such breach, together with out-of-pocket costs expended. Laboratory Services Provider expressly waives any and all other claims and remedies against City, including incidental and consequential damages. Laboratory Services Provider shall give written notice to City of any alleged breach and City shall have ten (10) days from the date of such notice in which to cure the breach before Laboratory Services Provider may proceed under this paragraph. B. If Laboratory Services Provider materially breaches this Agreement, City may terminate the Agreement and shall thereafter have available to it all rights and remedies in law and equity, the exercise of which shall be cumulative rather than exclusive. City shall give written notice to Laboratory Services Provider of any alleged breach and Laboratory Services Provider shall have ten(10) days from the date of such notice in which to cure the breach before City may proceed under this paragraph. C. City may terminate this agreement without regard to cause ("termination for convenience"), provided that in such event, City shall pay compensation to Laboratory Services Provider for services that Laboratory Services Provider has actually performed hereunder prior to such termination,together with out-of-pocket costs that Laboratory Services Provider has expended. 6. CONSTRUCTION. This agreement shall be construed and governed by the laws, rules and regulations of the State of Florida. 7. INSURANCE. Laboratory Services Provider shall furnish proof of Workers' Compensation Insurance, General Liability Insurance and Comprehensive Automobile Liability Insurance with City named as additional insured under its existing insurance policy. Coverage to remain in force at all times during the Agreement period. 8. INDEMNIFICATION. Laboratory Services Provider shall be liable for, and shall indemnify, defend and hold City harmless from all claims, suits,judgments or damages, including court costs and reasonable attorneys' fees, arising out of the errors, omissions or negligent acts of Laboratory Services Provider, its agents and employees, in performance of this Agreement. 9. PERMITS, FEES, TAXES, LICENSES. The successful Laboratory Services Provider shall, at his own expense, obtain all necessary permits, pay all licenses, fees and taxes required to comply with all local ordinances, State and Federal laws, rules and regulations applicable under this contract. This provision also includes City-issued permits. 10. LABORATORY SERVICES PROVIDER'S PERSONNEL. City reserves the right to request background and bonding information for all personnel assigned to this Agreement. Laboratory Services Provider's employees assigned to this Agreement are to present a professional appearance, shall be neat, clean, well groomed, courteous, properly dressed and conduct themselves in a respectable manner while performing duties and while on City property. 11 OSHA REQUIREMENTS. Laboratory Services Provider agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 and the standards and regulations issued thereunder and warrants that all services furnished under this Agreement will conform to and comply with said standards and regulations. Laboratory Services Provider agrees to furnish Material Safety Data Sheets(form OSHA-20)as applicable for hazardous or potentially hazardous products. 12. STATEMENT OF ASSURANCE. During the performance of this Agreement, Laboratory Services Provider assures City that Laboratory Services Provider is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Human Rights Act of 1977; that Laboratory Services Provider does not on the grounds of race, color, national origin, religion, sex, age, handicap, or marital status, discriminate in any form or manner against Laboratory Services Provider's employees or applicants for employment. This Agreement is expressly conditioned upon the veracity of this Statement of Assurance and Laboratory Services Provider's compliance with Title VII of the Civil Rights Act of 1964 when federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders and regulations prohibiting such discrimination are also included by this reference. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. 13. PUBLIC ENTITY CRIMES. In accordance with Section 287.133, Florida Statutes, any 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,proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Laboratory Services Provider under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. By execution of this agreement, Laboratory Services Provider assures City that none of its officers, directors, executives, partners, shareholders, employees, members, or any of its agents who are active in management have been convicted of a public entity crime. In the event that any of its officers, directors, executives, partners, shareholders, employees, members, or any agents who are active in management are convicted of a public entity crime, Laboratory Services Provider shall immediately notify City. 14. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 15. NON-WAIVER. No failure by City to insist upon the strict performance of any term or condition of this Agreement or to exercise any right or remedy available upon a breach hereof, shall constitute a waiver of any such breach or of any such term or condition. No waiver of any breach shall affect or alter any term or condition in this Agreement,and each such term or condition shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 16. RELATIONSHIP OF THE PARTIES. Nothing contained in this contract shall be deemed or construed to create the relationship between the parties of principal and agent, or of partnership or joint venture,or of employer and employee; it being expressly agreed that the relationship of Laboratory Services Provider to City is that of an independent contractor. 17. VENUE. Venue for any action to enforce this Agreement shall be Hillsborough County, Florida. 18. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly delivered hereunder if mailed by first class certified mail, postage prepaid, to the respective parties at the respective addresses: City: Gregory S. Horwedel City Manager 302 West Reynolds Street Plant City,FL 33563 With a copies to: Kenneth W. Buchman,Esquire City Attorney City of Plant City 302 West Reynolds Street Plant City,Florida 33563 and Kevin Orth Purchasing Administrator 302 West Reynolds Street Plant City, FL 33563 • Laboratory Services Provider: cc&Nei; bAAA:els Ze-4 u1/4 lld v:ew - vim. Olo v.A.Art c'L. 34-till The parties reserve the right to change the designated person to receive notice. In such event, the party shall notify the other party in writing as provided herein within 10 days of the change of designation. 19. SUCCESSORS AND ASSIGNMENTS. The covenants contained in this Agreement are binding on the parties and their respective successors, legal representatives and assignees, if any; provided however,that this agreement may not be assigned by Laboratory Services Provider to any third party without the prior written consent of City. 20. REPORTS. All data, reports, and other information generated in connection with Laboratory Services Provider's performance under this Agreement is the property of City. 21. ENTIRE AGREEMENT. This contract contains the entire agreement of the parties. It may not be modified or terminated orally and no claimed modification, termination or waiver shall be binding on City unless in writing signed by City Manager. No modification or waiver shall be deemed effected by Laboratory Services Provider's acknowledgement or confirmation containing other or different terms. All titles to clauses contained in this order are for identification only and shall not be construed as being a substantive part of the agreement. 22. CITY'S REPRESENTATIVE. City Manager, or his written designee, shall be City's representative during the term of this Agreement. Until such time as Laboratory Services Provider is notified otherwise pursuant to paragraph 18 herein,the Purchasing Administrator has been designated to act on behalf of City Manager. IN WITNESS WHEREOF,parties have caused this instrument,consisting of this Agreement and the attached Exhibit(s)to be executed by themselves or their duly authorized officers or agents and their seals to be affixed hereunto the day and year first written above. City: By. -- Gregory rw e1 City Manager ATTEST: Kerri J.dl er City Clerk Approved as form and correctness: Kenneth W. Buchman City Attorney Laboratory Services Provider: e c v∎ AA it-:cat 1 L404- o s=.es, Lit . By: - -�-'--� 9a.v' .els PROPOSAL AND BID FORM Southern Analytical Laboratories, Inc Company Name PROPOSAL FORM LABORATORY SERVICES Proposal No. 11-96148-001 Pursuant to and in compliance with your Request for Proposal dated April 29, 2011, the Instructions, General Specifications and other documents related hereto, the undersigned does hereby propose Laboratory Services for the City of Plant City. The recommendation of award, if any, of a contract will be based on rating criteria as listed on Pages 3 and 5 and explained on Pages 21 -23 of this document. Listing of analysis required in each schedule as listed below can be located at the end of this document in APPENDIX A: ANALYSIS SCHEDULE LISTING. Appendix B and C also at the end of this document lists testing which may be required during the duration of this contract and all must be completed in its entirety for this document to be considered complete. Appendix B and C will be evaluated and considered in the evaluation for award of this RFP. Pricing for award will be for the total cost of Schedules 1 —Schedule 7 as listed below. SCHEDULE 1: ROUTINE DAILY SAMPLES (Total Price=Total Samples * unit price) Total Total #of Total Turnaround Unit Total Analysis Per day Per Weeks Samples Time Price Price Week CBOD5 3 15 52 780 10 15 53 12,113 40 TSS 4 22 52 1144 10 8 28 9,472 32 Nutrients 2 12 52 624 10 3313 20,673 12 FCB 1 5 52 260 10 10 35 2,691 00 TOTAL ANNUAL COST FOR SCHEDULE 1 $ 44,949 84 6 PROPOSAL AND BID FORM Southern Analytical Laboratories, Inc SCHEDULE 2: WEEKLY SAMPLES (Total Price=Total Samples * unit price) Total Per Total Turnaround Total Analysis Week #of Weeks Samples Time Unit Price Price Chloride 1 52 52 10 8 28 430 56 Industrial 5 52 260 10 6419 16,689 40 TOTAL ANNUAL COST FOR SCHEDULE 2 $ 17,119 96 SCHEDULE 3: MONTHLY SAMPLES (Total Price=Total Samples * unit price) Total Per #of Total Turnaroun Total Analysis Month Months Samples d Time Unit Price Price Oil & 2 12 24 14 41 41 993 84 Grease TOTAL ANNUAL COST FOR SCHEDULE 3 $ 993 84 SCHEDULE 4: QUARTERLY SAMPLES (Total Price=Total Samples * unit price) Analysis Total Per #of Total Turnaround Unit Total Quarter Quarters Samples Time Price Price Chloride, 24 85 397 60 Sulfate& 4 4 16 14 TDS TTHM's 11 4 44 14 41 41 1,822 04 HAA5's 11 4 44 14 67 29 2,960 76 MPN 7 4 28 14 46 59 1,304 52 Total Solids 10 day 129 41 517 64 Sludge 1 4 4 21 Classification Ground Water 10 4 40 21 70 40 2,816 00 Monitoring Wells Landfill Ground Water 5 4 20 21 67 29 1,345 80 Monitoring Wells 7 PROPOSAL AND BID FORM Southern Analytical Laboratories, Inc GWMW Hourly Trip and Sampling Charge (Total Price=proposed Hours * unit price) For proposal GWMW # Of Total purposes Unit Price Total Site #of Wells Quarters Samples estimate 1/2 Price hour per well WRF 10 4 40 20 Hours 62 12 1,242 40 Landfill 5 4 20 10 Hours 62 12 621 20 TOTAL ANNUAL COST FOR SCHEDULE 4 $ 13,027 96 SCHEDULE 5: SEMI-ANNUAL SAMPLES (Total Price=Total Samples * unit price) Sample #Per Total Turnaroun Total Analysis Sites Year Samples d Time Unit Price Price Ambient 3 2 6 14 51 77 310 62 Monitoring TOTAL ANNUAL COST FOR SCHEDULE 5 $ 310 62 SCHEDULE 6: ANNUAL SAMPLES (Total Price=Total Samples * unit price) Analysis Total Turnaround Unit Price Total Price Samples Time Annual Reclaimed 1 21 579 77 579 77 Water Analysis _ Primary Inorganic 129 41 388 23 Compounds 3 21 (FAC 62-550 Table 1) Secondary Drinking 129 41 388 23 Water Standards 3 21 (FAC 62-550 Table 6) Priority Pollutants 3 21 362 36 1,087 08 Toxicity Characteristic 1 21 672 95 672 95 Leaching Procedure Industrial Local Limits 8 21 595 30 4,762 40 Study Soil Sampling 1 21 258 83 258 83 TOTAL ANNUAL COST FOR SCHEDULE 6 $ 8,137 49 8 Southern Analytical Laboratories, Inc PROPOSAL AND BID FORM,REVISED PAGE 9—ADDENDUM 3 SCHEDULE 7: DAILY SAMPLE PICK UP (Total Price=total trips * unit price) Total Days Per Week Number of Total Trips Unit Price Total Price (Holidays Weeks Included) 5 52 208 25 00 5,200 00 TOTAL ANNUAL COST FOR SCHEDULE 7 $ 5,200 00 TOTAL ANNUAL COST FOR SCHEDULES 1 through 7 $ 89,739 71 (Sum of Schedules 1,2, 3,4, 5,6 and 7 above) COMPLETE THE FOLLOWING SECTION FOR PROPOSAL EVALUATION (See Pages 21 —23 of the General Specifications for and explanation of criteria: Note: Page 23 has been revised for Addendum 3) 1. In-House analysis: 94 of a possible 95 Group and Analytes (96 Inc Dioxin, added in Adden 3) (Note: In Appendix B the Groups used in rating criteria are items# 1 - 10 which is not shaded) 2. DMR-QA/WP Studies (list most recent first): 4 Minimum >_90 % Date Acce table Total Acceptable es/No 2008 8/22/08 44 48 (pH Not Acceptable) Yes 97 8 Overall DMR-QA 3 28 49 Anal tes p ) (97 Overall) NSI WP-139 2009 7/8/09 44 48 (Nickel Not Yes(99 0 Overall) DMR-QA i Wie9 49 Anal es Acceptable) 2010 (Hardness,TSS Not DMR-QA 30 2/19/10,5/20/10(Micro) 46 49 Yes(97 6 Overall) NSI WP-158, 51 Anal tes Acceptable) NSI MP-126 Total �" 134 145 (See Note Below) 134 minimum 1, Note-Settleable Solids subbed to Analytical Svcs,if required Qualifying information provided in Proficiency and Subcontractor folders on CD Low-Level Chlorine not deducted from 2010 Total Acceptable because not required by NELAC for DMR Residual Chlorine compliance 3. Local Preference: Do you meet the Local Preference criteria(circle one): YES NO 9 (Revised Addendum 3) PROPOSAL AND BID FORM Southern Analytical Laboratories, Inc THE FOLLOWING SAMPLE PICK UP FEE IS NOT TO BE INCLUDED IN THE TOTAL PROPOSAL PRICE Cost for picking up samples on Saturday's and Unit Price Sunday's Price will also apply for emergency pickups (Note: Not to be included in the Total 77 65 Proposal Price) If a special pick up is required on Saturday or Sunday a request will be made in advance to the laboratory contact person. EMERGENCY RATES The following are rates to apply for emergency situations which may occur during the duration of the contract when the City may need a faster than quoted turnaround time on analysis.These are not included in the cost pricing for the proposal award. Days Surcharge 1 —2 Days 100% 3—5 Days 50% Weekends and Evenings 50% The Proposer understands that the Owner reserves the right to reject any or all Proposals and to award part(s) of the contract, if applicable, separately, in combination, or as one contract. The Owner reserves the right to waive technicalities in any Proposal. The Proposer agrees that this Proposal shall be good and may not be withdrawn for a period of sixty(60) calendar days after the opening of proposals. If written notice of acceptance of this Proposal is mailed or delivered to the undersigned within sixty (60) calendar days after date of opening of Proposals, the undersigned agrees that they will execute and deliver an executed contract in the form attached within ten (10) calendar days after receiving notice from the City. 10 PROPOSAL AND BID FORM Notice of award should be mailed, email, faxed or delivered to the undersigned at the following address: Southern Analytical Laboratories, Inc Firm Name (Typed) 110 Bayview Blvd SEAL Address(Typed) (If a Corporation) Corporate seal provided on Oldsmar Florida 34677 hardcopy original, included City State Zip with bid (813) 855-1844 Phone Email Address Acknowledgment is hereby made by: Francis Daniels of receipt of the following addenda, if any: T Name(Typed) No. 1 Dated 4/25/11 Signature No. 2 Dated 4/26/11 President Title No. 3 Dated 4/29/11 By: Francis Daniels Name (Typed) No. Dated 11 PROPOSAL AND BID FORM References The following information is required information for the proposal. Company Name:Southern Analytical Laboratories, Inc Length of time the company has been in business:26 Years Business address: 110 Bayview Blvd , Oldsmar, Florida 34677 How long in present location:26 Years Telephone number:(813)855-1844 Fax number:(813) 855-2218 Total number of current employees: 31 Full time 29 Part time 2 Number of employees you plan to use to service this contract:31 Local commercial and/or governmental references that you have previously performed similar services for: 1. 2. Company: Company: Manatee County Citrus County Address: Address: 4751 66th Street W, Bradenton, FL 1300 S Lecanto Hwy, Lecanto, FL Telephone/fax: Telephone/fax: (941) 792-8811 (352) 527-7641 Contact: Contact: Jeff Goodwin Gary Loggins 3. Company: City of Oldsmar Address: 351 Lafayette Blvd , Oldsmar, FL Telephone/fax: (813) 749-1226 Contact: Todd Cash 12 Southern Analytical Laboratories, Inc APPENDIX B—ADDENDUM 3 REVISED PGS.39-40 ADDITIONAL ANALYSIS BY CONTAMINANT GROUP ADDITIONAL ANALYSIS,PRICING&TURNAROUND TIMES The following is a list of additional testing,pricing and turnaround times to be incorporated into this document and is not included in the cost pricing for the award of the proposal. This list is to provide the City pricing and turnaround information on testing which may be required during the term of this contract. These are not included in the cost pricing for the proposal award. (Note: In Appendix B the Groups used in rating criteria are items# 1 — 10 which is not shaded) Turnaround All Tests Group Water Non- Soil Time Done In Potable (Calendar House? Days) (Yes/No) Extractable Organics 1 Semi-Volatile $ 155 30 $ 155 30 $ 207 06 14 Yes See Note 1 (EPA 8270) " Price per Analyte for ',. Semi-Volatile $ 155 30 $ 155 30 $ 207 06 14 Yes i (EPA 8270) FL-Pro $ 77 65 $ 77 65 $ 130 05 14 Yes (See Appendix D) :: ' Price per Analyte for $ 77 65 $ 77 65 $ 129 41 14 Yes FL-Pro Primary Inorganic Contaminants $ 129 41 $ 129 41 $207 06 14 Yes See Note 2 (FAC 62-550 Table 1) Metals $ 62 12 $ 62 12 $ 77 65 14 Yes Price per Analyte for $ See Indiv $ See Indiv See Indiv 14 Yes : "'' Metals Metals Metals Metals IIPesticides DW EPA 508 $ 62 12 $ 77 65 $ 103 53 14 Yes Non-pot 608 ;, ; Price per Analyte for $ 62 12 $ 77 65 $ 103 53 14 Yes Pesticides 0 Herbicides DW EPA 64 62 12 77 65 103 53 14 Yes Non-pot 515 $ $ $ r. Price per Analyte for ; $ 62 12 $ 77 65 $ 103 53 14 Yes Herbicides III PCB's DW EPA 508 $ 62 12 $ 77 65 $103 53 14 Yes Non-pot 608 N/C with OC Pests N/C with OC Pests Price per Analyte for $ 62 12 $ 77 65 $103 53 14 Yes PCB's Secondary Drinking 8 Water Standards $ 129 41 $ 129 41 $ 103 53 14 Yes See Note 3 (FAC 62-550 Table 6) Southern Analytical Laboratories, Inc APPENDIX B—ADDENDUM 3 REVISED PGS. 39-40 Synthetic Organic 9 Contaminants $ 465 89 $ 517 65 $ N/A 14 Yes (FAC 62-550 Table 5) Price per Analyte for See Indiv See Indiv See Indiv Synthetic Organic $ Method $ Method $Method 14 Yes Contaminants Synthetic Organic Contaminants $ 51 77 $ 51 77 $ 77 65 14 Yes See Note 4 •< EPA Method 504 • Synthetic Organic Contaminants $ 62 12 $ 77 65 $ N/A 14 Yes See Note 5 EPA Method 508 Synthetic Organic Contaminants $ 62 12 $ 77 65 $ N/A 14 Yes See Note 6 EPA Method 515 Synthetic Organic _::_:i Contaminants $ 103 53 $ 103 53 $ N/A 14 Yes EPA Method 525 Synthetic Organic 41 41 $ 41 41 $ N/A 14 Yes ���.,': Contaminants $ EPA Method 531 • Synthetic Organic Contaminants $ 41 41 $ 41 41 $ N/A 14 Yes EPA Method 547 Synthetic Organic Contaminants $ 62 12 $ 62 12 $ N/A 14 Yes EPA Method 548 • Synthetic Organic Contaminants $ 62 12 $ 62 12 $ N/A 14 Yes , ° EPA Method 549 0';; Volatile Organic Contaminants $ 67 29 $ 67 29 $103 53 14 Yes (FAC 62-550 Table 4) F; Price per Analyte for 1., ' ,; Volatile Organic $ 41 41 $ 41 41 $ 77 65 14 Yes Contaminants Note: If you want to elaborate on another method than those listed above do so with a note. Note 1 -Or EPA 625 Note 2- Flounde, Nitrate and Nitrite in soil by DI extraction followed by aqueous analytical method Note 3- For soil matrix, does not include color, odor, TDS or foaming agents Note 4-Soils by EPA 8011 Note 5- Non-potable waters by EPA 608 Note 6- Non-potable waters by SM 6640B Southern Analytical Laboratories, Inc APPENDIX C—ADDENDUM 3 REVISED PGS. 41-44 ADDITIONAL ANALYTE LISTING ADDITIONAL ANALYSIS,PRICING&TURNAROUND TIMES The following is a list of additional testing,pricing and turnaround times to be incorporated into this document and is not included in the cost pricing for the award of the proposal. This list is to provide the City pricing and turnaround information on testing which may be required during the term of this contract. These are not included in the cost pricing for the proposal award. Turnaround All Tests Done In Analyte Water Non-Potable Soil Time House? (Yes/No) (Calendar Alkalinity $ 15 53 $ 15 53 $ N/A 14 Yes (as CaCO3) Aluminum $ 8 28 $ 8 28 $10 35 14 Yes Ammonia,Total (as N) $ 8 28 $ 8 28 $51 77 14 Yes Ammonia,Unionized $ 10 35 $ 10 35 $ N/A 14 Yes Antimony $ 8 28 $ 8 28 $10 35 14 Yes Arsenic $ 8 28 $ 8 28 $10 35 14 Yes Asbestos Note 7 $207 06 $ 310 59 $N/A 14 No-Subcontract to EMSL Barium $ 8 28 $ 8 28 $10 35 14 Yes Benzene $41 41 $ 41 41 $77 65 14 Yes Beryllium $ 8 28 $ 8 28 $10 35 14 Yes Bromate $31 06 $ 31 06 $ N/A 14 Yes Boron $ 8 28 $ 8 28 $10 35 14 Yes BTEX $ 41 41 $ 41 41 $77 65 14 Yes BOD5 $ 15 53 $ 15 53 $N/A 14 Yes CBOD5 $ 15 53 $ 15 53 $N/A 14 Yes Cadmium $ 8 28 $ 8 28 $10 35 14 Yes Calcium $ 8 28 $ 8 28 $10 35 14 Yes Chemical Oxygen $ 15 53 $ 15 53 $N/A 14 Yes Demand Chloride Note 8 $8 28 $ 8 28 $25 88 14 Yes Chlorine, Combined $25 88 $ 25 88 $N/A 14 Yes Chlorine,Free Note 9 $25 88 $ 25 88 $N/A 14 Yes Chlorine,Total $25 88 $ 25 88 $N/A 14 Yes Southern Analytical Laboratories, Inc APPENDIX C —ADDENDUM 3 REVISED PGS. 41,44 Chlorite $31 06 $ 31 06 $N/A 14 Yes Chromium $ 8 28 $ 8 28 $10 35 14 Yes (Total Recoverable) Chromium $25 88 $ 25 88 $N/A 14 Yes (Hexavalent) Color $12 42 $ 12 42 $ N/A 14 Yes Copper $ 8 28 $ 8 28 ` $10 35 ' 14 Yes Corrosivity $25 88 $ 25 88 $N/A 14 Yes Cyanide $20 71 $ 20 71 $51 77 14 Yes Dioxin Note 10 $362 36 $ 465 89 $N/A 14 - No-Subcontract to SGS Dissolved Oxygen Nile $15 53 $ 15 53 $N/A - 14 Yes EPA Method 601 Note 12 $ 67 29 $ 67 29 $103 53 14 Yes - EPA Method 602Note 12 $ 67 29 $ 67 29 $103 53 14 Yes Fecal Coliform Bacteria $ 10 35 $ 10 35 $N/A 14 Yes FCB (MPN/gm dry wt.) $ N/A $ N/A $46 59 14 Yes Foaming Agents $ 15 53 $ 15 53 $ N/A 14 Yes Gross Alpha $ 25 88 $ 25 88 $ N/A 14 Yes Fluoride Note 8 $ 8 28 $ 8 28 $25 88 14 Yes Hardness $ 16 56 $ 16 56 $ N/A 14 Yes HAAS $ 67 29 $ 67 29 $N/A- 14 Yes Iron $ 8 28 $ 8 28 $10 35 14 Yes Lead $ 8 28 "$ 8 28 $10 35 14 Yes Lead &Copper $ 16 56 $ 16 56 $N/A 14 Yes Magnesium - $ 8 28 $ 8 28 $10 35 14 Yes Manganese $ 8 28 $ 8 28 $10 35 14 Yes Mercury $ 15 53 $ 15 53 $25 88 14 Yes Mercury, Low Level $ 51 77 $ 51 77 $ N/A 14 Yes MTBE $ 41 41 $ 41 41 $77 65 14 Yes Molybdenum $ 8 28 $ 8 28 $10 35 14 Yes Nickel $ 8 28 $ 8 28 $10 35 14 Yes Nitrate+Nitrite Note 8 $ 8 28 $. 8 28 $25 88 14 Yes Southern Analytical Laboratories, Inc APPENDIX C—ADDENDUM 3 REVISED PGS. 41-44 Nitrate(as N) Note 8 $ 8 28 $ 8 28 $25 88 14 Yes Nitrite(as N) Note 8 $ 8 28 $ 8 28 $25 88 14 Yes Odor $ 25 88 $ 25 88 $N/A 14 Yes Organic Nitrogen $20 71 $ 20 71 $67 29 14 Yes Ortho-Phosphorus N$te $ 8 28 $ 8 28 $25 88 14 Yes Oil &Grease $ 41 41 $ 41 41 $103 53 14 Yes pH $ 621 $ 621 $1553 14 Yes Potassium,Total $ 8 28 $ 8 28 $10 35 14 Yes Primary Drinking Note $ 129 41 $ 129 41 $zoo os 14 Yes Water Standards 2 Radium 226 $ 51 77 $ 51 77 $ N/A 14 Yes Radium 228 $ 67 29 $ 67 29 $ N/A 14 Yes Radium 226+228 $ 119 06 $ 119 06 $ N/A 14 Yes Combined Secondary Drinking $129 41 $ 129 41 $103 53 14 Yes Water Standards Note 3 Selenium $ 8 28 $ 8 28 $10 35 14 Yes Silver $ 8 28 $ 8 28 $10 35 14 Yes Sodium $ 8 28 $ 8 28 $10 35 14 Yes Specific Conductance $6 21 $ 6 21 $ N/A 14 Yes Sulfate Note 8 $ 8 28 $ 8 28 $25 88 14 Yes Sulfide $ 12 42 $ 12 42 $51 77 14 Yes Temperature(C°) $ 0 00 $ 0 00 $0 00 14 Yes Thallium $ 8 28 $ 8 28 $10 35 14 Yes Total Coliform Bacteria $ 12 42 $ 12 42 $46 59 14 Yes Total Dissolved Solids $ 8 28 $ 8 28 $ N/A 14 Yes Total Kjeldahl Nitrogen $ 12 42 $ 12 42 $20 81 14 Yes Total Nitrogen $ 20 71 $ 20 71 $46 59 14 Yes Total Organic Carbon $ 15 53 $ 15 53 $129 41 14 Yes Total Phosphorus $ 12 42 $ 12 42 $20 71 14 Yes Total Solids $ 8 28 $ 8 28 $8 28 14 Yes Southern Analytical Laboratories, Inc APPENDIX C—ADDENDUM 3 REVISED PGS. 41-44 Total Suspended Solids $ 8 28 $ 8 28 $N/A 14 Yes Total,Volatile,Fixed $25 88 $ 25 88 $25 88 14 Yes Solids Note 310 59 $465 89 14 Yes Total Toxic Organics �3 $ 310 59 $ TTHM's $ 41 41 $ 41 41 $77 65 14 Yes Uranium $ 15 53 $ 15 53 $67 29 14 Yes Volatile Organic $ 67 29 $ 67 29 $103 53 14 Yes Chemicals Zinc $ 8 28 $ 8 28 $10 35 14 Yes Note 7-Asbestos-drinking water$207 06, non-potable waters inc wastewaters$310 59 Note 8- Soil by DI extraction followed by aqueous analytical method Note 9-Normally required to be analyzed in field Chlorine in field is part of hourly sampling rate(no extra charge) Prices above apply to chlorine analyzed in lab All forms of chlorine included for one unit price Note 10- Dioxin-drinking water$362 36, non-potable waters inc wastewaters$465 89 Note 11 - Normally required to be analyzed in field Dissolved oxygen in field is part of hourly sampling rate (no extra charge) Prices above apply to dissolved oxygen analyzed in lab Note 12- EPA 624 will be used for EPA 601 or 602 analytes EPA 8260 will be used for soils Note 13-Total Toxic Organics includes extractable(semi-volatile)organics, volatile organics and OC pesticides and PCBs