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Contract 2022-035ADocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A AGREEMENT NO. 2022-035 FOR LABORATORY ANALYSIS AND SAMPLING THIS AGREEMENT, is made and entered into this 10 day of May 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and Advanced Environmental Labs, whose address is: 6681 Southpoint Parkway Jacksonville, FL 32216, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Volusia County through the public procurement process awarded an Agreement for Laboratory Analysis and Sampling, Volusia County Contract Number 780 32454 — 4; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and 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 Volusia County Contract Number 780 32454 — 4; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1 — SCOPE OF WORK The CONTRACTOR shall provide laboratory analysis and sampling of water as described in the Volusia County Contract Number 780 32454 — 4, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE 2 — 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 as set forth in Exhibit "B", attached hereto and incorporated herein. ARTICLE 3 — TERM AND TERMINATION 3.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until February 3, 2023 unless terminated or renewed by Volusia 1 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A County. 3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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. 3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2) subsequent one (1) year terms. ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK 4.1. The CONTRACTOR shall only provide to CITY laboratory analysis and sampling of water upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Volusia County Contract Number 780 32454 — 4 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 4.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and specifications hereof. 2 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. 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. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its 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 subCONTRACTOR 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. 7.2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental 3 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 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 as follows: (a) CONTRACTOR's Commercial General Liability, $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 Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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 such acts are 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; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee 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, 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. DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A ARTICLE 8 — 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: ADVANCED ENVIRONMENTAL LABS 6681 Southpoint Parkway Jacksonville, FL 32216 City, State Zip Code OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. 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. 9.2. 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. 9.3. 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 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. 9.4. 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. 9.5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all 5 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assi ng ment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, 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. 9.7. 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. 9.8. 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. 9.9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. 71 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in the Volusia County Contract Number 780 32454 — 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 10 day of May , 2022. CITY OF CLERMONT DocuSigned by: Tim Murry, Ma ATTEST: —DocuSigned by: T4" pC Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: 3B5D74A9-B874-452C-BEA8-EB4FF1 BCOD713 ADVANCED ENVIRONMENTAL LABS DocuSigned by: By: C,S �j 149A (Signat2D70FD6478... ure Print Name: Charles Ged Title: President Date: 5/11/2022 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A --, Master Agreement �•�` TERM: 2020-02-04 to 2023-02-03 Volusia County FLORIDA Date Issued: 11/05/2021 NO. 780 32454 - 4 Page 1 of 2 Vendor contact: County contact: Bill To: Name: BJ Israel Name: DEVAN NORTH County of Volusia Phone: 407-937-1594 Ext.: Phone: 386-943-7027 Ext.: 13291 AS REQUIRED BY E-mail: accounting@aellab.com E-mail: dnorth@volusia.org USING DEPARTMENT VOLUSIA COUNTY, FL 32720 Vendor Name: Vendor No. 09061900170 Ship To: ADVANCED ENVIRONMENTAL LABS AS REQUIRED BY USING DEPARTMENT 6681 SOUTHPOINT PARKWAY VOLUSIA COUNTY, FL 32720 JACKSONVILLE, FL 32216 Purchasing LISA SMITH Solicitation Number: 20 B-15LL Phone: 386-822-5788 Ext: 15788 E-mail: mismith@volusia.org Award Date: 2020-02-04 Payment Terms: Net 45 Days, FOB Dest, Freight allowed Award Authorization: COUNCIL Document Description: Lab Analysis and Sampling Line Commodity Unit Description P Unit Price or Item Code Contract Amount 2 96148 EA Lab analysis and sampling, per attached price list. 0.000000 Pam Wilsky, CPPO, CPPB Purchasing & Contracts Director Remainder of page is blank County of Volusia Sales Tax Exemption Number 85-8012622393C-9 A delivery order is required for the release of items / services from the referenced Master Agreement. If a solicitation number is referenced then the terms and conditions of said solicitation become part of the Master Agreement. Deviation from prices stated is not permitted without a signed corrected Change Order. If vendor terms and conditions conflict with County of Volusia Terms and Conditions, the County's Terms and Conditions prevail. See reverse side for terms and conditions. DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A Purchase Order (PO) or Master Agreement (MA) Terms and Conditions Providing any good or service constitutes acceptance of this entire PO or MA without exception. In the event this document is issued based on a solicitation or quote, the terms and conditions of the solicitation or quote prevail. Acceptance. Products/Services purchased as result of this PO or MA may be tested for compliance with specifications. Items delivered not in conformance with the specifications may be rejected and returned at the Provider's expense. Those items and items not delivered by the delivery date specified in the accepted offer and/or PO or MA may be purchased on the open market. Cancellation of Order. A request by either party to PO to cancel the order at no cost. Delivery. Title and risk of loss shall pass when items have been received, inspected, and accepted by County of Volusia ("County"). All associated shipping, insurance, and other related costs shall be bome by Provider. Discontinued. Provider shall give County 30 (thirty) days advance notice of a discontinued item(s) so that County can purchase additional quantities of discontinued item(s). County must give written approval of replacement(s) if they exceed previous price or fail to meet quality, form, fit, or function of the discontinued item. Time is of the essence regarding Performance of Services and this PO or MA can be terminated by the County for convenience, non -appropriation of funds, or non-performance. Disputes. If such dispute arises under this PO or MA and is not resolved informally by the parties within five (5) business days, the party bringing a claim ("Disputing Party") shall deliver to the first level representative of the other party a written statement ("Dispute Notice") describing the dispute. If the respective representatives cannot resolve the dispute within ten (10) days, the dispute shall be escalated through two higher levels of management. If the dispute has not been resolved within 25 (twenty- five) calendar days after delivery of the Disputing Partya€TMs notice, either party may give written notice to the other parry declaring the resolution process terminated and pursue other legal recourse or initiate formal non -binding mediation before a single mediator, which shall be completed within 30 (thirty) days of initiation, in accordance with rules of practice and procedure adopted by the Supreme Court of Florida for court -ordered mediation, Rule 1.700, et seq., of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains unresolved after conducting such mediation, then either party may proceed to finalize such termination remedies and commence litigation in a court of competent jurisdiction. Compliance with FEMA 2 CFR 200.318-326 and Appendix II Contract Provisions. This Agreement and the products/services provided may be utilized in the event of declared State/Federal Emergency and Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix II Contract Provisions as amended. These documents can be found on the Internet at: https://www.gpo.gov/fdsys/granule/CFR-2014-title2-volt/CFR-2014-title2-volt-sec200-318 Governing Law/Jurisdiction/Venue. This PO or MA shall be governed by the laws of the State of Florida and venue for any litigation arising from this PO or MA shall be in the County of Volusia, Florida, and any trial shall be non -jury. Provider shall comply with all applicable laws and regulations. Insurance. For goods and services delivered or performed by Provider on County premises, Provider certifies it maintains comprehensive general liability insurance and auto insurance in the amounts identified in the solicitation and/or contract and any amendments thereto pertaining to this PO or MA, or from an A.M. Best "A" or better rated insurance firm authorized by the State of Florida Insurance Commissioner. The County reserves the right to require the "County of Volusia" be named as additional insured for projects when deemed necessary. For services performed off County premises and goods delivered by third party carriers, the Provider shall use such carriers that maintain such insurance coverage as set forth above. Intellectual Property. Provider agrees to protect, defend, indemnify, and save the County, its agents, officials, including elected officials, and employees of the County harmless from and against any and all claims, demands, actions, and causes of action which may arise asserting that a copyright, trademark, trade secret, or patent ("Intellectual Property"), as provided under this PO or MA, infringes or misappropriates any third party's Intellectual Property. If Provider must pay a third party any license, royalty, or other such usage fee in order to deliver the item(s) under this PO or MA, such third party and usage fee must be specified in the Provider's offer to sell to the County. Indemnification. The Contractor shall indemnify, defend and hold harmless the County and its employees, officers, elected and appointed officials, agents, attorneys, representatives, volunteers, divisions, departments, districts, authorities, and associated entities 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 this Agreement to the extent that any such claim, damage, loss and expense is caused by any negligent act or omission of the Contractor, anyone directly or indirectly employed by Contractor. Modification & Assignment. County may unilaterally change, at no additional cost, the quantity and receiving point within the County for items not yet shipped. All other items must be mutually agreed upon in writing. County is not required to pay for defective items, back -orders, late deliveries, those quantities exceeding the PO or MA quantity, or items shipped at a higher price than stated on the PO or MA. Neither this PO or MA nor any interest herein shall be assigned, transferred, or encumbered by Provider except as authorized in writing by the County. Notices. All notices given by one party to the other party under this PO or MA shall be delivered to the receiving party's address set forth on this PO either by hand, qualified courier, or e-mail and shall be deemed received the day after it is transmitted. For the County, it shall be addressed to the Purchasing and Contracts Department, 123 West Indiana Avenue, 3rd Floor, Deland, Florida, 32720 or purchasing@volusia.org. No Waiver. Except as expressly set forth herein, no failure or delay on the part of County in exercising any right, power, or remedy hereunder shall operate as or be deemed a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy. Order of Precedence. In the event of conflict between this PO or a Master Agreement (MA), the originating Volusia County contract and amendments thereto shall be controlling. This control shall pertain to all specifications and scopes of work included in the originating Volusia County contract and any amendments thereto. Payment. Except for construction services, which shall be paid pursuant to the Florida Prompt Payment Act, County shall pay Provider within 45 (forty-five) days after receipt of an accurate and undisputed invoice, unless the County accepts a prompt payment discount from Provider and the goods or services are not defective. Invoice, packing slip, delivery receipt, order acknowledgement, and correspondence shall clearly indicate the PO or MA number. Any additional or different terms and conditions on Provider's documents shall be considered null and void. The County may deduct amounts it is due from Provider's payment or not pay disputed invoices until such dispute is resolved. Nothing in this PO or MA shall create any obligation on the part of the County to pay directly to any subcontractor of Provider any monies due to such subcontractor or claims of such subcontractor for amounts owed by Provider to subcontractor for goods or services provided under this PO or MA. Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section of the Agreement, Master Agreement, and/ or this Purchase Order to the contrary, nothing in any such documents shall be deemed as a waiver of immunity or the limitations of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and the cap on the amount and liability of the County for damages regardless of the number or nature of claims in tort, equity, or contract shall not exceed the dollar amount set by the legislature for tort. Nothing in the Agreement, Master Agreement, or this Purchase Order shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Taxes. County is exempt from Manufacturers' Federal Excise Tax (Exemption# 49-6000-885) and Florida sales tax (Exemption# 85-8012622393C-9). Certificates are available at www.volusia.org/purchasing. After accessing the foregoing website, select, "Doing Business with Volusia County" and "Consumer Certificate of Tax Exemption" from the available menu screens to see a copy of the certificates. Termination for Convenience. The County may cancel the PO or MA in whole or part when it is in the best interest of the County with thirty (30) days notice. UCC. In addition to any rights or remedies contained in this P.O., each party shall have rights, duties, and remedies available through the Uniform Commercial Code (UCC) Warranty. Provider warrants that all Work or Services performed under this PO or MA shall be performed in a good and competent workmanlike manner to the satisfaction of the County, and materials shall be of good quality (unless otherwise stated on PO or MA), and free from defects and pursuant to specifications and requirements of the contract related to this PO or MA. Volusia County Purchasing & Contracts Division, (rev. 09-19-17 apprvd CHJJ) DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A ITS 20-B-15LL u� Page 1 of 1 Recommendation of Award LABORATORY ANALYSIS AND SAMPLING vbl,ui�Cdoor,ty COUNTY OF VOLUSIA, FL ALL BIDS ACCEPTED BY THE COUNTY OF VOLUSIA ARE SUBJECT TO THE RECOMMENDATION OF AWARD COUNTY'S TERMS AND CONDITIONS. ANY AND ALL ADDITIONAL TERMS AND CONDITIONS SUBMITTED BY THE BIDDERS ARE REJECTED AND SHALL HAVE NO FORCE AND EFFECT. BID DOCUMENTS FROM THE VENDORS LISTED BID NUMBER: 20-B-15LL HEREIN ARE THE ONLY BIDS RECEIVED TIMELY AS OF THE OPENING DATE AND BID TITLE: Laboratory Analysis & Sampling TIME. ALL OTHER BID DOCUMENTS SUBMITTED IN RESPONSE TO THIS OPENING DATE/TIME: 12/10/19 - 3:00 pm SOLICITATION, IF ANY, ARE HEREBY REJECTED AS LATE. Company Name: Advanced Environmental Flowers Chemical Laboratories, Pace Analytical Services LLC Laboratories Inc Inc. UTILITIES DIVISION DRINKING WATER: Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Nitrate 20 $ 6.00 $ 120.00 $ 5.00 $ 100.00 $ 6.50 $ 130.00 Nitrite 20 $ 6.00 $ 120.00 $ 5.00 $ 100.00 $ 6.50 $ 130.00 Lead 400 $ 4.00 $ 1,600.00 $ 5.00 $ 2,000.00 $ 5.00 $ 2,000.00 Copper 400 $ 4.00 $ 1,600.00 $ 5.00 $ 2,000.00 $ 5.00 $ 2,000.00 Total coliform 475 $ 7.00 $ 3,325.00 $ 8.00 $ 3,800.00 $ 10.00 $ 4,750.00 RADIOLOGICAL Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Gross Alpa(including Uranium 10 $ 20.00 $ 200.00 $ 30.00 $ 300.00 $ 35.00 $ 350.00 Radium 228 10 $ 45.00 $ 450.00 $ 58.00 $ 580.00 $ 58.00 $ 580.00 Radium 226 10 $ 55.00 $ 550.00 $ 58.00 $ 580.00 $ 58.00 $ 580.00 Estimated Number of SECONDARY Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Chloride 160 $ 6.00 $ 960.00 $ 5.00 $ 800.00 $ 6.50 $ 1,040.00 Sulfate 45 $ 6.00 $ 270.00 $ 5.00 $ 225.00 $ 6.50 $ 292.50 PH 200 $ 3.00 $ 6()0.00 $ 3.00 $ 600.00 $ 4.00 $ 800.00 UNREGULATED CONTAMINANTS LIST I Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Unregulated Contaminants LIST 1 2 $ $ 400.00 $ 800.00 $ 450.00 $ 900.00 Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost TSS 1260 $ 6.00 $ 7,560.00 $ 7.00 $ 8,820.00 $ 8.00 $ 10,080.00 CBOD 5 400 $ 12.50 $ 5,000.00 $ 12.00 $ 4,800.00 $ 15.00 $ 6,000.00 Fecal Coliform 1145 $ 8.00 $ 9,160.00 $ 7.00 $ 8,015.00 $ 10.00 $ 11,450.00 Nitrate 200 $ 6.00 $ 1,200.00 $ 5.80 $ 1,160.00 $ 6.50 $ 1,300.00 TDS 188 $ 7.00 $ 1,316.00 $ 7.00 $ 1,316.00 $ 8.00 $ 1,504.00 Chloride 200 $ 6.00 $ 1,200.00 $ 5.00 $ 1,000.00 $ 6.50 $ 1,300.00 Sodium 84 $ 6.00 $ 504.00 $ 5.00 $ 420.00 $ 5.00 $ 420.00 Sulfate 84 $ 6.00 $ 504.00 $ 5.00 $ 420.00 $ 6.50 $ 546.00 Turbidity 200 $ 5.00 $ 1,000.00 $ 5.00 $ 1,000.00 $ 4.00 $ 800.00 OTHER CONTAMINANTS Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Trihalomethane Analysis 31 $ 30.00 $ 930.00 $ 28.00 $ 868.00 $ 29.00 $ 868.00 Total Haloacetic Acids 31 $ 55.00 $ 1,705.00 $ 58.00 $ 1,799.00 $ 63.00 $ 1,953.00 Calcium 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Magnesium 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Potassium 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Total Iron 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Total Hardness 15 $ 10.00 $ 150.00 $ 5.80 $ 87.00 $ 10.00 $ 150.00 Specific Conductance 18 $ 5.00 $ 90.00 $ 5.00 $ 90.00 $ 6.00 $ 108.00 H 15 $ 3.00 $ 45.00 $ 5.00 $ 75.00 $ 4.00 $ 60.00 Boron 4 $ 6.00 $ 24.00 $ 5.00 $ 20.00 $ 5.00 $ 20.00 Total Nitrogen 20 $ 25.00 $ 500.00 $ 25.00 $ 500.00 $ 24.00 $ 480.00 Orthophosphate, as P 4 $ 10.00 $ 40.00 $ 7.00 $ 28.00 $ 7.00 $ 28.00 Estimated Total for Utilities Division $ 41,083.00 $42,602.00 $50,919.50 SOLID WASTE DIVISION Organics Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Ethane/Ethene 24 $ 115,00 $ 2,760.00 $ 85.00 $ 2040.00 $ 80.00 $ 1,920,00 2- Butanone 2 $ 45.00 $ 90.00 $ 45.00 $ 90.00 $ 45.00 $ 90.00 Ethylene Dibromide GCS EDB) 156 S 35.00 $ 5,460.00 $ 25.00 $ 3,900.00 $ 28.00 $ 4,368.00 Total Recovery H drocarbon/FLPRO 6 S 40.00 $ 240.00 $ 45.00 $ 270.00 $ 60.00 $ 360.00 Nutrients Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Ammonia Nitrogen 210 $ 15.00 $ 3,150.00 $ 8.00 $ 1,680.00 $ 12.00 1 $ 2,520.00 Nitrate Nitrogen (IC Anions) 262 $ 6.00 $ 1,572.00 $ 5.80 $ 1,519.60 $ 6.50 $ 1,703.00 Nitrogen, Total 100 $ 25.00 $ 2,500.00 $ 25.00 $ 2,500.00 $ 24.00 $ 2,400.00 Mircobiolo ical Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Fecal Coliform 15 $ 8.00 $ 120.00 $ 7.00 $ 105.00 $ 10.00 $ 150.00 Total Coliform 15 $ 7.00 $ 105.00 $ 7.00 $ 105.00 $ 10.00 $ 150.00 Residue/Solids Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Total Dissolved Solids 230 $ 7.00 $ 1,610.00 $ 7.00 $ 1,610.00 $ 8.00 $ 1,840.00 Total Suspended Solids 30 $ 7.00 $ 210.00 $ 7,00 $ 210.00 $ 8.00 $ 240.00 Field Test Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Total Well Depth 305 $ 1.00 $ 305,00 $ 2.00 $ 610.00 $ $ Specific Conductance 305 $ 5.00 $ 1,525.00 $ 2.00 $ 610.00 $ $ Turbidity 305 $ 5.00 $ 1,525.00 $ 2.00 $ 610.00 $ $ Miscellaneous Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Chloride IC Anions 230 $ 6.00 $ 1,380.00 $ 5.00 $ 1,150.00 $ 6.50 $ 1495.00 Color 305 $ 12.00 $ 3,660.00 $ 5.50 $ 1,677.50 $ 5.00 $ 1,525.00 H 305 $ 3.00 $ 915.00 $ 5.00 $ 1,525.00 $ 4.00 $ 1,220.00 Metals Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Iron 30 $ 6.00 $ 180,00 $ 5.00 $ 150.00 $ 5.00 $ 150.00 Mercury 210 $ 12.00 $ 2,520.00 $ 10.00 $ 2,100.00 $ 12.00 $ 2,520.00 Sodium 226 $ 6.00 $ 1,356.00 $ 5.00 $ 1,130.00 $ 5.00 $ 1,130.00 Oran is & Demands Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Biochemical oxygen Demand 14 $ 15.00 $ 210.00 $ 13.00 $ 182.00 $ 15.00 $ 210.00 Chemical Oxygen Demand 14 $ 15.00 $ 210.00 $ 13.00 $ 182.00 $ 12.00 $ 168.00 Total Organic Carbon 32 $ 20.00 $ 640.00 $ 13.00 $ 416.00 $ 15.00 $ 480.00 Toxicity Characteristic Leaching Procedure (TCLP) Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost SPLP Extraction 2 $ 25.00 $ 50.00 $ 25.00 $ 50.00 $ 35.00 $ 70.00 Miscellaneous Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost 40 CFR Part 258 Appendix I 210 $ 130.00 $ 27,300.00 $ 140.00 $ 29,400.00 $ 145.00 $ 30,450.00 Field Parameters 305 $ 5.00 Estimated Total for Solid Waste $ 1,525.00 $ 2.00 $ 610.06 $ $ $ 61,118.00 $54,432.10 $55,159.00 Opened by: Lacey Lassiter & Kathy Williams Tabulation by: Lacey Lassiter, Procurement Analyst Recommendation of Award: Advanced Environmental Laboratories, Inc.; Flowers Chemical Laboratories, Inc.; Pace Analytical Services County Council Meeting Date: 2/4/2020 Posted: 1/10/2020 QVVVj,iewed antl Approved by: t� _ A w Pam Wilsky, COPIT, CPPO Interim Director of Purchasing and Contracts DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A SUBMIT TO: COUNTY OF VOLUSIA PURCHASING & CONTRACTS 123 W. INDIANA AVE., RM. 302 DELAND, FL 32720-4608 AN EQUAL OPPORTUNITY EMPLOYER Volusia County FLORIDA CONTACT PERSON: INVITATION TO B I D Lacey Lassiter .................... 386-822-5772 Email: .................... LLassiter@volusia.org www.volusia.org/purchasing D E LAND :........................... 386-736-5935 DAYTONA BEACH: ........... 386-257-6000 NEW SMYRNA BEACH:.... 386-423-3300 TITLE: NUMBER: SUBMITTAL DEADLINE: Laboratory Analysis and Sampling 20-B-15LL Tuesday, December 10, 2019, at 3:00 p.m., EST DO NOT RESPOND TO THIS SOLICITATION ON LINE — SEE SECTION 2.5, DELIVERY OF BIDS PRE BID DATE, TIME AND LOCATION: A re -bid conference will be held in the Purchasing Conference Room, 123 p J SUBMER ABOVE WILL NO ABOVE DATE AND TIME WILL NOT TTEANDALS TIME DATE W. Indiana Avenue, 3rd Floor, DeLand, FL, at 11:30 a.m., EST, Monday, BE CONSIDERED November 18, 2019 The vendor acknowledges that information provided in this Bid is true and correct and agree to all terms and FIRM'S NAME: conditions contained in this Bid and related Exhibits. X MAILING ADDRESS: Authorized Signature Date CITY — STATE — ZIP: Printed Name E-MAIL ADDRESS: Title PHONE NUMBER: FAX NUMBER: FEDERAL I.D. or SOCIAL SECURITY NUMBER: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE CONTENT OF INVITATION/RESPONSE: The contents of this ITB, all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto may be incorporated into an agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or service requested in this invitation to bid shall supersede the requirements of Exhibit I "GENERAL CONDITIONS AND INSTRUCTIONS." 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 1 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A TABLE OF CONTENTS 1.0 SCOPE OF WORK............................................................................................... 3 1.1 Overview......................................................................................................... 3 1.2 Contractor Qualifications................................................................................. 4 1.3 Sample Collection and Analysis...................................................................... 5 1.4 Solid Waste Division Semi Annual Groundwater Parameters ......................... 6 1.5 Laboratory Analyses and Sampling for Volusia County Utilities Operations ... 7 1.6 Exhibits............................................................................................................9 1.7 Attachments.................................................................................................... 9 2.0 SPECIAL CONDITIONS....................................................................................... 9 2.1 Bid Closing Date............................................................................................. 9 2.2 Proposed Schedule....................................................................................... 10 2.3 Point of Contact............................................................................................. 10 2.4 Questions, Exceptions, and Addenda........................................................... 10 2.5 Delivery of Bids............................................................................................. 11 2.6 Pre -bid Conference....................................................................................... 11 2.7 Bid Submittal Form........................................................................................ 12 2.8 Definition of Responsive and Responsible for this Bid .................................. 12 2.9 Local Preference Availability......................................................................... 13 2.10 Payment Terms............................................................................................. 13 2.11 Award Term................................................................................................... 13 2.12 Price Redetermi nations ................................................................................. 13 2.13 Termination................................................................................................... 16 2.14 Damages.......................................................................................................17 3.0 DEFINITIONS.....................................................................................................17 4.0 SUBMITTAL REQUIREMENTS (Submit in the following order) ......................... 18 5.0 BID SUBMITTAL FORM.....................................................................................21 6.0 REFERENCES................................................................................................... 23 7.0 CONFLICT OF INTEREST FORM..................................................................... 24 8.0 DRUG -FREE WORK PLACE............................................................................. 25 9.0 CERTIFICATION REGARDING DEBARMENT..................................................26 10.0 CERTIFICATION REGARDING DEBARMENT (SUB) ....................................... 27 11.0 CERTIFICATION AFFIDAVIT BY CONTRACTOR AS LOCAL BUSINESS ....... 28 12.0 CERTIFICATION AFFIDAVIT BY SUB CONTRACTOR AS LOCAL BUSINESS29 13.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME & DISCRIMINATORY VENDOR LIST REQUIREMENTS & DISQUALIFICATION PROVISION ........... 30 14.0 PROOF OF EXEMPTION................................................................................... 31 15.0 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES..............................................................................32 16.0 HOLD HARMLESS AGREEMENT..................................................................... 33 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 2 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed Bids to furnish Laboratory Analysis and Sampling for the County of Volusia, Florida. 1.0 SCOPE OF WORK The County of Volusia is soliciting bids for the provision of field sampling and laboratory analysis for the Solid Waste Division and the Utilities Division, as required by the State of Florida. 1.1 Overview A. Requested sample tests shall include, but not be limited to, ground water, surface water, landfill leachate, industrial wastewater, industrial sludge, soils, sediments, drinking water and domestic wastewater. B. Bidders shall submit prices for field sampling and laboratory analysis for both Solid Waste and Utilities. Site locations and the number of locations to be sampled are included in Sections 1.4 and 1.5. C. The Contractor shall waive sampling fees for tests and test results that are not completed within the specified timeframe or if re -sampling is required due to vendor error. D. The Contractor providing courier transportation of samples shall comply with the designated sample hold for the requested analysis. E. The Contractor shall coordinate and schedule all sampling, collection and analysis with the County Project Manager for each site. F. Sample quantities listed elsewhere in this ITB are estimates only and in no way guarantee future expenditures by the County of Volusia. G. The Contractor shall have the capability to provide sample collection and limited analysis seven (7) days a week on an emergency basis. H. The Contractor shall not bill the County an hourly rate for any travel time. Billing shall begin when the vendor arrives at a County site and shall end when a vendor leaves a County site. Any subcontractors used in the performance of this contract shall meet all of the requirements of this ITB and shall be preapproved by the County Project Manager at least 30 days prior to scheduled service. The Contractor shall provide courier services for sample pickup at the Volusia County Utilities and Solid Waste sites listed below. Site #1 Southwest Regional Wasterwater Reclamation Facility 800 DeBary Plantation Boulevard DeBary, Florida Site #2 Deltona North Water Wasterwater Reclamation Facility 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 3 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 290 Wolf Pack Run Deltona, Florida Site #3 Southeast Water Reclamation Facility 325 Beacon Light Road Oak Hill, Florida Site #4 Halifax Plantation Water Treatment Facility 3401 Utility Drive, Ormond Beach, Florida Site #5 Tomoka Landfill 1990 Tomoka Farms Road, Daytona Beach, Florida Site #6 West Volusia Transfer Station 3151 E. State Road 44, DeLand, Florida Site #7 Glen Abby Water Treatment Facility 880 Signature Drive, Orange City, Florida 1.2 Contractor Qualifications A. The Contractor shall be certified by the State of Florida's Department of Health to perform all certification -required laboratory tests to include but not limited to metals, nutrients demands, organic extractables, general parameters I & II, microbiology, pesticides/herbicides/PCBs, purgeable organics, EPA 40 CFR Part 258 Appendix I & II, and basis environmental laboratory. The Contractor must be able to perform 90% of the chemical analysis and 100% of the bacteriological analysis on site. No subcontracting of any short holding time analysis (all samples with < 48 hour hold times), excluding asbestos, will be permitted under this contract. The County Project Manager may allow for some special circumstances, which must be approved prior. B. The Contractor shall be certified, licensed, and meet all state and local government requirements to provide all the requested services and tests specified within the context of this bid. The Contractor shall have current National Environmental Laboratory Accreditation Program (NELAP) certification. C. The Contractor shall possess the capacity and capability to perform emergency sampling within one (1) hour from request by the County Project Manager or the County's consultant. Any subcontracting must be approved prior. D. The Contractor shall have achieved an overall acceptable score averaging at least 90% on the last two years Performance Evaluation (PE) study. Vendor must also have achieved a "Satisfactory" rating for FDEP's Performance Audit Inspection in accordance with F.A.C. Rule 62-160.650, Quality Assurance Chapter. Any successful participation in official proficiency evaluation programs or inter -laboratory studies will also be considered (i.e. EPA-ICR, USGS, other State Certifications, DMR, etc). Submittal of proficiency results shall be required. E. The Contractor shall be capable of performing bacteriological testing within sufficient time of sample pick-up to ensure analysis are performed within specified sample hold times. Cost of re -sampling and re -testing for any missed holding times shall be at the Contractor's expense. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 4 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A F. The Contractor shall possess the technical expertise to conduct certified lab studies and support/represent the County in legal and/or regulatory proceedings regarding technical issues for landfills, water & wastewater treatment facilities, at the County's request at an hourly rate for legal proceedings (this is for vendor laboratory representation if it becomes legal issue). G. The Contractor shall have a minimum of five years experience performing sampling and testing services for landfills and for water and wastewater treatment facilities. The Contractor's Project Manager assigned to this contract shall have a minimal of two years experience in laboratory project management. A resume of the Contractor's Project Manager shall be provided to verify this work experience. H. The Contractor must employ a full time Quality Control Officer to ensure all NELAP requirements are being met. The Contractor shall provide copies of the most recent NELAP and State inspections of any facility intended to be utilized for the services outlined in this ITB. The findings of these inspections will be evaluated as a part of this ITB selection process, i.e. the number of findings, severity of findings, and repeat findings. The Contractor shall demonstrate the ability to perform the services outlined in the ITB by providing three (3) references each for Solid Waste and Water Utilities. Laboratories found to be non -compliant with Volusia County's agreements in the past ten (10) years will not be considered for this ITB. K. For sampling performed for the Volusia County Solid Waste Division, the Contractor shall have the latest FDEP-approved data management system, ADaPT, as it pertains to the Solid Waste permit and Waste Clean Up requirements. Total well depth, groundwater levels, copies of the Chain of Custody (COC), Field Sampling Logs, and Field Calibration Logs shall all be provided along with all the analytical results. L. The Contractor shall have a web base data handling/reporting system which will allow the County to access analytical reports on an as -needed basis. Said web based system shall provide for multiple users. 1.3 Sample Collection and Analysis The following specifications shall apply to the Solid Waste Division, but may also apply to the Utilities Division. A. The Contractor shall be responsible for field collection of the samples and providing all necessary equipment including pumps, monitoring equipment, sample bottles/kits, and personal protective equipment. Said equipment shall be properly maintained, serviced, and calibrated, as required by governing authorities. When field sampling is done by County personnel, the Contractor shall be responsible for providing sample bottles/kits, including coolers, within 24 hours. B. The Contractor shall be capable of performing field testing sampling collection and preservation in accordance with the following: 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 5 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A Florida Department of Environmental Protection (FDEP) Standard Operating Procedures (SOP) for Field Activities 001/01 including labeling of sample containers and completing the COC, Field Sampling Logs, and Field Calibration Logs. Chapter 62-160 Florida Administrative Code (FAC). Approved methods as published by FDEP or Standard Methods, ASTM, or EPA Methods. C. The Contractor's Detection Limits shall meet groundwater classification Gil Class IIIF surface water standards (62-302.530). D. All reporting shall be completed within twenty-one (21) days after collection event in accordance with all State deadlines. a. A twenty percent (20%) reduction in fees shall be given for late submission of reports, plus an extra thirty (30) days will be added to payment terms. b. Reports returned to the Contractor due to error(s) or discrepancies by the Contractor shall be assessed an additional ten percent (10%) reduction in fees. E. No minimum charges shall be expressed to, or accepted by, the County. F. The Contractor shall perform all testing and services in a professional manner and at the date and time specified by the County Project Manager. G. The Contractor's personnel shall work closely with County Project Managers and field personnel at all times during time of agreement. H. The Contractor shall be responsible for notifying FDEP fourteen (14) days prior to sampling events when required by County permit. Collection of groundwater and surface water elevation data must be collected within one -day period and measured to the nearest 0.01 foot then converted to NGVD. 1.4 Solid Waste Division Semi Annual Groundwater Parameters The following is the estimated minimum number of field sampling requirements needed by the Volusia County Solid Waste Division at this time. Frequency, number of sample locations, and number of events are subject to change according to regulation and permit requirements. Event Number of Wells/Sites Time of Year Tomoka Semi -Annual 54 May & November Groundwater Tomoka Semi -Annual 7 May & November Surface Water 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 6 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A Tomoka 135/1337 and B5 Remediation 34 March & September Tomoka NPDES Sampling * 2 Monthly on an as needed basis Plymouth Semi -Annual 24 June & December Leachate Pretreatment Plant Effluent 1 Monthly, quarterly, and semi-annual Sprayfield 9 Semi-annual *respond within two business days of request. Each event shall require the normal field parameters such as total well depth, water elevation, temperature, dissolved oxygen, pH, specific conductance, and turbidity plus permit required parameters along with required analytical. Specific analytical parameters for each event will be provided once bid is awarded. 1.5 Laboratory Analyses and Sampling for Volusia County Utilities Operations Volusia County Water Resources and Utilities requests pricing to perform sampling/testing of forty-six ground water monitoring wells. The ground water table below identifies the sampling events and estimated number of parameters required for testing. Location/Event Number of Wells/Sites Time of Year Deltona North WWTP/Groundwater 7 wells Quarterly Southwest Regional WWTP/Groundwater 21 wells Quarterly Southeast Regional WWTP/Groundwater 6 wells Quarterly Halifax Plantation WWTP/Groundwater 4 wells Quarterly Hope of Seville WWTP/Groundwater 1 well Bi-Annual Spruce Creek WTP/Groundwater 5 wells Quarterly Ground Water Parameters Number of Events per year Nitrate 160 TDS 180 Chloride 200 Fecal Coliform 180 pH 200 Sodium 120 Sulfate 84 Turbidity 200 Fluoride 20 Manganese 20 Nitrite 28 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 7 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A Bis(2-ethylhexyl)phlate (BEPH) 28 Volusia County Water Resources and Utilities will provide sample collection for parameters identified in the wastewater, drinking water and ground water tables below. The estimated annual wastewater testing requirements are listed in the table below. WASTEWATER: Number of Events per year CBOD 5 400 Fecal Coliform, MF 1145 Nitrate 200 TKN: Kjedahl N, Total 1 Sludge analysis, 503.18 4 TSS 1260 TRPH 12 Giardia and Cryptosporidium 4 (in a five year period) Primary & Secondary Potable Water Chemical Analysis (Reuse Requirement) 5 (in a five year period) The estimated triennial drinking water testing requirements are listed in the table below. DRINKING WATER: Number of Events/3-year cycle Unregulated Group List One 4 Asbestos 11 Inorganic Analysis 10 Lead & Copper 1,220 Nitrate 50 Nitrite 50 DRINKING WATER (cont): Number of Events/3-year cycle Ortho-phosphates 10 Pesticides and PCB's 10 Radiochemical Analysis: Gross Alpha including Uranium 10 Radiochemical Analysis: Radium 228 + Radium 226 10 Secondary Chemical Analysis 10 Total Coliform 4,300 Trihalomethane Analysis 93 Total Haloacetic Acids Analysis 93 Volatile Organic Analysis 10 Chloride 160 Sulfate 45 Calcium 45 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 8 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A Magnesium 45 Sodium 45 Potassium 45 Total Iron 45 Total Hardness 45 TDS 160 Specific Conductance 57 pH 45 Total Alkalinity 38 Turbidity 11 Ammonia 60 Total Nitrogen 60 Fluoride 60 Manganese 12 Boron 12 Total Sulfide 24 Total Organics 1 45 Dioxin 1 12 Other sampling and laboratory work shall be on an as needed basis to satisfy National Pollutant Discharge Eliminations System (NPDES) Permit and other regulatory requirements. 1.6 Exhibits A. Exhibit I General Conditions B. Exhibit II Insurance 1.7 Attachments A. Attachment A — Pricing B. Attachment B — Pricing — All Tests — not used for comparison purposes C. Attachment C — Lab 2019 — List of test for informational use only 2.0 SPECIAL CONDITIONS 2.1 Bid Closing Date Bids must be received by the Volusia County Purchasing and Contracts Office, Room 302, Third Floor, 123 West Indiana Avenue, DeLand, FL, 32720-4608, no later than 3:00 p.m., 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 9 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A EST, on Tuesday, December 10, 2019. Bids received after this time will not be considered. 2.2 Proposed Schedule 11/4/2019 ........................ Invitation to Bid Available 11 /18/2019 ...................... Pre -bid Conference 11/27/2019 ...................... Last Day to Receive Written Questions 12/10/2019 ...................... Bid Closing Date 2.3 Point of Contact All inquiries regarding this solicitation shall be directed to the procurement analyst in charge of this project as listed below: Lacey Lassiter, Procurement Analyst Telephone: ......................... 386-822-5772 Fax: .................................... 386-736-5972 E-mail: ................................ LLassiter@volusia.org 2.4 Questions, Exceptions, and Addenda It is incumbent upon each Bidder to carefully examine this solicitation's specifications, scope of work/service, terms, and conditions. Questions and exceptions concerning any Section of this Bid shall be directed by letter, facsimile transmission or by e-mail to the Procurement Analyst named above in section 2.3 who shall be the official point of contact for this Bid. Questions and exceptions shall be submitted no later than fourteen (14) days before the closing date. Thereafter, no further questions or exceptions will be accepted or reviewed by the County and Bidders' right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived. The issuance of a written addendum is the only official method by which interpretation, clarification, or additional information can be given and oral representations will not be binding on the County. If it becomes necessary for the County to revise any part of this ITB, an addendum will be posted on the County's web site. It is each Bidder's responsibility to check the Volusia County web site for any addenda at www.volusia.org/bidlist. Each Bidder should ensure that they have received all addenda to this ITB before submitting their proposal. In their proposals, Bidders must provide proof of receipt of each addendum by signing and returning each addendum to the County. Failure to provide this proof may cause Bidder's proposal to be rendered non -responsive. Each addendum issued by the County shall become a material part of this solicitation. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 10 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 2.5 Delivery of Bids DO NOT RESPOND TO THIS SOLICITATION ON LINE All Bids shall be sealed and delivered or mailed to (faxes/e-mails will not be accepted): County of Volusia, Florida Purchasing and Contracts Office, Room 302 123 West Indiana Avenue, 3rd floor Deland, Florida 32720-4608 Mark package(s) "Bid #20-B-15LL, Laboratory Analysis and Sampling" Note: Please ensure that if a third party carrier (Federal Express, UPS, etc.) is used, that the third party is properly instructed to deliver the Bid Submittal only to Room 302, in the Purchasing and Contracts Office on the third (3rd) floor at the above address. Bids mailed to 123 West Indiana Avenue via the United States Postal Service (USPS) are delivered to the Post Office, not to the physical address and, therefore, may not meet the requirements of Section 2.1. To be considered, a Bid must be received and accepted in the Purchasing and Contracts Office before the Bid closing date and time. 2.6 Pre -bid Conference A. A pre -bid conference will be held in the Purchasing Conference Room, 123 W. Indiana Avenue, 3rd Floor, DeLand, FL, at 11:30 a.m., EST, Monday, November 18, 2019. While this is not mandatory, all interested parties are encouraged to attend and participate. B. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County's ADA Coordinator at 386-248-1760 for assistance, at least two (2) business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the County's ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at www.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf. Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II). 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 11 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 2.7 Bid Submittal Form A. See Submittal Requirements for complete details. B. Each Bidder shall submit three (3) complete sets of the Bid Submittal: • One (1) hard copy marked "ORIGINAL" • One (1) hard copy(ies) marked "COPY" Note: It is not necessary to return every page of the original solicitation documentwith the hard copies of the Bid Submittal ORIGINAL and COPY(ies); return only the pages that require signatures or information as detailed in Section 4.0. • One (1) COMPLETE electronic copy on a CD or USB drive in PDF format (Excel spreadsheets shall not be recorded in PDF). The electronic copy of the Bid Submittal shall include all submittal requirements as detailed in Section 4.0. Note the solicitation number and name of company on the CD or USB drive. Do not send confidential information, proprietary information, or trade secrets. The Invitation to Bid page and the Bid Submittal Form must be signed by an official authorized to legally bind the Bidder to all Bid provisions. The Bid Submittal Form (Section 5.0) shall be signed by an authorized agent of the firm with documentation, such as a Memorandum of Authority, that the individual is authorized to commit the firm to a contract. 2.8 Definition of Responsive and Responsible for this Bid Each Bid submittal shall be evaluated for conformance as responsive and responsible using the following criteria: A. Proper submittal of ALL documentation as required by this Bid. (Responsive) B. The greatest benefits to Volusia County as it pertains to: (Responsible) 1. Total Cost (Per Attachment A); 2. Delivery; 3. Past Performance. In order to evaluate past performance, all Bidders are required to submit a list of three (3) references / relevant projects completed within the last three (3) years that are the same or similar in magnitude to this ITB. The County of Volusia shall not be listed as a reference; 4. All technical specifications associated with this Bid; 5. Resume of Project Manager 6. Financial Stability: A Dun and Bradstreet report may be used by the County to evaluate Respondent's financial stability. All Respondents shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year. 7. Inspection reports from different governing bodies as specified in section 1.2D. Bidders are reminded that award may not necessarily be made to the lowest Bid. Rather, award will be made to the lowest responsive, responsible, Bidder whose Bid represents the best overall value to the County when considering all evaluation factors. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 12 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 2.9 Local Preference Availability This project is not funded by monies that prohibit the local preference provision and local preference does apply per Exhibit I, General Conditions and Instructions section 10. Local Preference. 2.10 Payment Terms A. The County will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the invoice(s) or receipt of all products or services ordered. B. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1 %) per month on all undisputed invoices not paid within thirty (30) days after the due date. C. The County has the capability of Electronic Funds Transfer (EFT). List any discounts for prompt payment and/or willingness to accept Electronic Funds Transfer (EFT) and the discount to be applied to such payments. Contractors offering prompt payment discounts, for example 1 % - net 10, the discount shall be taken if the check issue date is within specified time period from date of invoice. By submitting a Bid (offer) to the County of Volusia, Florida, the Contractor expressly agrees that, if awarded an Agreement, the County may withhold from any payment monies owed by the Contractor to the County for any legal obligation between the Bidder and the County including, but not limited to, real property taxes, personal property taxes, fees, and commissions. 2.11 Award Term The County is looking to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Contractor(s) shall be awarded an Agreement for an initial three (3) year term with the option for two (2) subsequent one (1) year renewals. All renewals will be contingent upon mutual written agreement and, when applicable, approval of County Council. 2.12 Price Redetermi nations Once each year during the term of the Contract, including any extension or renewal periods thereof, the Contractor may, but is not obligated to, petition the Director of Purchasing and Contracts for one or more price redeterminations where such price redetermination(s) is/are necessitated by documented increases in the cost of wages and fuel. Petitions for price redetermi nations shall be made within thirty (30) days of the anniversary date of the Contract (i.e., the calendar day and month when the Contract became effective) and only after the Contract has been in effect for at least one year. Any such petition shall be made pursuant to the provisions of this Section 2.12 and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this Agreement, no other price redeterminations shall be allowed. All price redeterminations, once issued, shall be prospective from the date of approval unless otherwise approved by a duly executed amendment to this Agreement. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 13 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A A. Basis for Price Redeterminations. The Contractor may petition the Director of Purchasing and Contracts for price redetermination based on the increased costs of wages and fuel. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the ITB opens. The base index number for the PPI will be for the month the ITB opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request. B. Wage Price Redetermination. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Employment Cost Index, Total Compensation, Private Industry, Index Number and Occupational Group at as prepared by the Bureau of Labor Statistics in the U.S. Department of Labor https://stats.bls.gov/data/. The base figure will be tied to Professional and related occupations under the heading Private Industry workers. Wage price redetermination increases shall be granted only by reason of wage increases associated with the Contractor's employees or subcontractors performing work or services pursuant to the Agreement. C. Minimum Wage Price Redetermination. If the minimum wage increases during the term of the Agreement, including any renewal or extension period thereunder, the Contractor may petition the Director of Purchasing and Contracts for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Director of Purchasing and Contracts and Internal Auditor. Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County. If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Agreement default and the Agreement will be immediately terminated. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 14 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A D. Fuel Price Redetermination. If/when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition the Director of Purchasing and Contracts for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if/when the price of fuel decreases by a minimum of ten (10%) percent. Failure to make such petition may be grounds for Agreement termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodities "Unleaded Gasoline - WPU057104" or V2 diesel fuel - WPU057303," as such may be applicable to the Contractor's operations in connection with the Contractor's performance of the Agreement. E. Price Redetermination Calculation. All Price Redetermi nations shall be calculated as follows: Example: Contractor indicated on the Submittal Form that thirty percent (30%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials). Current applicable PPI =..................................................... $200.50 Base index PPI =............................................. - $179.20 PPI increase dollars =...............................................$21.30 PPI increase percentage ($21.30 - $179.20 =.1189).........................11.9% Unit cost of the service is...................................................................... $100.00 30% of $100.00 is directly attributed to the redetermination category.... $30.00 $30.00 x 11.9% =......................................................... $3.57 New unit price for the product/service is ($100 + $3.57) ...................... $103.57 F. Expiration Upon Failure to Agree to Price Redetermination. If the County and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this Section 2.12, then the Agreement will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price redetermination. Requests for price redeterminations not made in accordance with the provisions of this Section 2.12 shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Agreement. If the Agreement expires pursuant to the terms and conditions of this Section 2.12, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible Contractor. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 15 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 2.13 Termination A. County may terminate this Agreement upon at least thirty (30) days prior written notice to Contractor. B. Contractor may terminate this Agreement upon at least one hundred eighty (180) days prior written notice to County. C. Upon receipt of notice of termination by the County from Contractor or upon delivery of notice of termination from the County to Contractor, Contractor shall: Stop work under the Agreement on the date and to the extent specified in County's Notice of Termination; 2. Inform County of the extent to which performance is completed; 3. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Services under the Agreement as is not terminated and with the prior approval of the County; and, 4. Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated. D. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Section 2.11 - Award Term, Section 2.10 - Payment Terms and this Section 2.13 - Termination, the County shall cause payments to be made to Contractor within forty five (45) days of receipt of invoice. Contractor shall invoice the County for any sums Contractor claims to be owed by County under this Agreement for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within forty five (45) days. E. With the approval of the County and to the extent required by the County, the Contractor shall, upon termination, settle all outstanding liabilities and all claims arising out of such termination. County's approval of such settlements shall be final for all the purposes of a termination under this Section 2.13- Termination. In addition, Contractor shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County, Deliverables, work -in - progress, reports, models, studies, and other materials produced as a part of, or acquired in connection with the performance of the Services terminated. F. If Contractor fails to cure a breach within ten (10) calendar days after receipt of notice from the County of said breach, the County may take over the Services and complete the Services, and the Contractor shall be liable to the County for any increased cost of the Project reasonably incurred by the County to complete the Contractor's unfinished Services. As such, the County may apply unpaid Compensation due and owing to the Contractor prior to the default as a set off against the costs incurred by the County for taking over such Services. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 16 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A G. The right of termination provided to the County and the Contractor herein shall be cumulative of all other remedies available at law. H. All provisions of this Agreement which impose or contemplate continuing obligations on a party will survive the expiration or termination of this Agreement. 2.14 Damages Due to the nature of the services to be provided and the potential impact to the County for loss, the Contractor cannot disclaim consequential or special damages related to the performance of this Agreement. The Contractor shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or Subcontractors. There are no limitations to this liability. 3.0 DEFINITIONS As used in this Bid, the following terms shall have the meanings set forth below: Agreement: Result from this solicitation between the County and the Contractor, which is this Bid, along with any written addenda and other written documents, which are expressly incorporated by reference. Agreement Administrator: The Director of Purchasing and Contracts or designee shall serve as Agreement Administrator. The Agreement Administrator shall be responsible for addressing any concerns within the scope of the Agreement. Any changes to the resulting Agreement shall be made in writing and authorized by the Director of Purchasing and Contracts. Bid: A Contractor's offer to the County in response to an invitation to bid (ITB) issued by a purchasing authority. Bidder: One who submits a response to an invitation to bid (ITB). Contractor: The person or entity duly authorized, upon award of an invitation to bid (ITB), to have an Agreement with the County to provide the product and/or services set forth herein and incurring liability for the same. Contractor's Project Manager: The Project Manager has responsibility for administering this Agreement for the successful Bidder(s) and will be designated prior to the issue of the resulting Master Agreement or Purchase Order. County: Shall mean the County of Volusia (a body corporate and politic and a subdivision of the State of Florida) including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non -elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 17 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A County's Project Manager(s): The Project Manager(s) have responsibility for the day-to- day administration of the resulting Agreement for the County and will be designated prior to award of the resulting Master Agreement or Purchase Order. Day: The word "day" means each calendar day or accumulation of calendar days. Director: The Director of Purchasing and Contracts for the County of Volusia, Florida. Master Agreement: The payment vehicle through with the successful Bidder(s) shall be compensated. This Agreement will be issued in accordance with the specifications, terms, and conditions of this Bid document and shall be valid for a specified period of time with a specific dollar value, which shall not be exceeded annually. Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. Preference: The method of the reducing the proposed Bid or quote price by a designated percentage for the sole purpose of determining the lowest price when compared to other prices submitted during a competitive solicitation. Protest: See process at www.volusia.org/purchasing. Purchase Order: The County's written document to the Contractor formalizing the proposed transaction, such as a description of item (s)/services, delivery location, payment terms, invoice address and transportation. If there are any conflicts between the Purchase Order and the resulted awarded ITB the terms of the ITB shall prevail. Subcontractor: A person other than a materialman or laborer who enters into a contract with a Contractor for the performance of any part of the Agreement documents. Turnkey Solution: A complete solution that is supplied, installed, or purchased in a condition ready for immediate use, occupation, or operation within a specified time frame. 4.0 SUBMITTAL REQUIREMENTS (Submit in the following order) It is not necessary to return every page of this document with the Proposal; return only the pages that require signatures or information requested below. ❑ Completed Invitation to Bid Cover Page signed by an authorized agent of the firm, as listed on the Florida Department of State, Division of Corporations' Sunbiz report available at www.sunbiz.org (Sunbiz), shall be required. If anyone other than the officers listed on the Sunbiz website will be signing this ITB, a memorandum of authority signed by an officer of the firm allocating authorization shall be required. If firm is not currently registered as a vendor in the State of Florida (Sunbiz), include documentation designation of contracting authority. The memorandum of authority shall be on the firm's letterhead and shall clearly state the name, title and contact information for the individual designated by the firm. ❑ Required Copies and Electronic Copy on CD or USB drive (see Section 2.7) 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 18 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A ❑ Provide a Florida Department of State, Division of Corporations' Sunbiz report available at www.sunbiz.org. ❑ Completed Bid Submittal Form (use attached form Section 5.0). ❑ References - List at least three (3) recent references where the proposed services has been provided within the past three (3) years. Use of the attached form (Section 6.0) will aid in evaluation. Unless specifically asked by the County, the County of Volusia shall not be listed as a reference. ❑ Business Tax Receipt (BTR) To be responsive to this solicitation, each Bidder who is currently required to have a Business Tax Receipt (BTR) at the time of submittal shall provide a copy of their current BTR in their response to this solicitation. There are two exceptions to this Bid submission requirement: 1. If Bidder's business does not have a physical location in Lake, Orange, Osceola, Seminole, or Volusia County, no submission is required, OR 2. If Bidder's business type is exempt, submit with proposal a Proof of Exemption approved by the Volusia County Revenue Director (see Section 14.0). For more information and to access Ch. 114, Article 1, Sect. 114-1 of the Volusia County Code of Ordinances, see https://Iibrary.municode.com/fl/volusia county/codes/code of ordinances?nodeld=P TIICOOR CH114TA ARTIINGE ❑ Insurance - (See Exhibit II) Evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Final forms must contain the correct solicitation and/or project number and Volusia County contact person. Contractor shall provide the required insurance detailed in Exhibit II for the entire Term of the agreement. Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements of Exhibit II. Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the proposal. Incorporated and unincorporated firms that qualify for an exemption under the Florida Workers' Compensation law in Chapter 440, Florida Statutes, shall submit an executed Hold Harmless Agreement (see Section 16.0) relieving the County of liability in the event they and/or their employees are injured while providing goods and/or services to the County. ❑ Conflict of Interest Form (use attached form Section 7.0) All Bidders shall properly complete, have notarized, and include with their Bid Submittal the attached statement disclosing any potential conflict of interest that the Bidder may have due to ownership, other clients, contracts, or interests associated with this project. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 19 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A ❑ Addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's Bid. Failure to return signed addenda may be cause for the Bid to be considered non -responsive. ❑ W-9 Include a completed W-9 form. If the firm is not registered with Volusia County, on- line registration is available at www.volusia.org/purchasing under Vendor Self Service, which links to the registration site and the W-9 form can be accessed through this site as well. ❑ Certification Affidavit by Local Business (use attached forms 11.0 and 12.0) All Bidders shall complete, have notarized, and include with their Bid Submittal the attached statement(s) confirming Local Preference Eligibility. ❑ Drug -Free Work Place form (use attached form Section 8.0). ❑ Certification Regarding Debarment — Prime (use attached form Section 9.0). ❑ Certification Regarding Debarment — Sub if applicable (use attached form Section 10.0). ❑ CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (use attached form in Section 15.0) ❑ Copy of Current NELAP Certification ❑ Last two years of Performance Evaluations studies showing 90% average as per section 1.2D ❑ FDEP Performance Audit Inspections showing "Satisfactory" ❑ Resume of Project Manager as per section 1.2G ❑ State and NELAP inspections as per section 1.21 All Bidders shall be prepared to supply a financial statement upon request, preferably a certified audit, but a third party prepared financial statement and the latest D & B report will be accepted. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 20 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 20xx 5.0 BID SUBMITTAL FORM TO: County of Volusia, Florida Office of Director of Purchasing and Contracts 123 W. Indiana Avenue, Room 302 DeLand, FL 32720-4608 The undersigned hereby declare(s) that [firm name] has carefully examined the specifications to furnish Laboratory Analysis and Sampling, for which Bid Submittals were advertised to be received no later than 3:00 p.m., EST, on Tuesday, December 10, 2019, and further declares that the firm will furnish the Laboratory Analysis and Sampling according to specifications. Complete Attachment A and B (Open Attachment A and B from website, perform "file save as" and save spreadsheet to your computer. Fill in pricing, preferably electronically.) Include Attachment, in excel format, on CD/USB drive with the rest of your submittal documents. The County reserves the right to negotiate with the awarded vendor for additional services similar in nature not known at the time of Bid closing. Sole Proprietor ❑ Yes ❑ No Total number employees ........... The following information is required in order to be granted a price redetermination. Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of fuel? ............................ % Which does the firm use: ❑ Diesel fuel or ❑ Gasoline? Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of wages?....................................................................................... % Prompt payment discount, if applicable: %, Days; Net 45 Days Do you accept electronic funds transfer (EFT)? ❑ YES ❑ NO Do you offer a discount for electronic funds transfer (EFT)? ❑ YES, % ❑ NO The County of Volusia reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as may be deemed to be in the best interest of the County. 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 21 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A I hereby certify that I have read and understand the requirements and terms and conditions of this Invitation to Bid No. 20-B-15LL, "Laboratory Analysis and Sampling", including all exhibits and attachments (as amended) and that 1, as the Bidder, will comply with all requirements, and that I am duly authorized to execute this proposal/offer document and any Agreement(s) and/or other transactions required by award of this ITB. Further, as attested to by below signature, I will provide the required insurance, per Exhibit 11, Insurance, upon notification of recommendation of award. The vendor acknowledges that information provided in this Bid is true and correct: x Authorized Signature Printed Name Title Date Company Name Full Address Telephone Fax E-mail Address Dunn & Bradstreet # Federal I.D. # 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 22 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 6.0 REFERENCES Agency #1 Address City, State, ZIP Contact Person E-mail Phone: Date(s) of Service Type of Service Comments: Agency #2 Address City, State, ZIP Contact Person E-mail Phone: Date(s) of Service Type of Service Comments: Agency #3 Address City, State, ZIP Contact Person E-mail Phone: Date(s) of Service Type of Service Comments: 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 23 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 7.0 CONFLICT OF INTEREST FORM I HEREBY CERTIFY that 1. I, (printed name) , am the (title) and the duly authorized representative of the firm of (Firm Name) whose address is , and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting; and, 2. Except as listed below, no employee, officer, or agent of the firm have any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, 3. This Bid Submittal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same services, and is in all respects fair and without collusion or fraud. EXCEPTIONS to items above (List): Signature: Printed Name: Firm Name: Date: STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 , by who is/are personally known to me or who has/have produced as identification. NOTARYPUBLIC — STATE OF Type or print name: Commission No.: (Seal) Commission Expires: 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 24 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 8.0 DRUG -FREE WORK PLACE The undersigned firm, in accordance with Florida statute 287.087, hereby certifies that does: (Name of Firm) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will propose by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Name and Title Signature Firm Street address City, State, Zip Date 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 25 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 9.0 CERTIFICATION REGARDING DEBARMENT Certification Regarding Debarment, Suspension, And Other Responsibility Matters Primary Covered Transactions TO BE COMPLETED BY CONTRACTOR A. The prospective primary participant (contractor) certifies to the best of its knowledge and belief, that it and its principals (subcontractors and suppliers): Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three (3) year period preceding this bid proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A) (2) of this certification; and 4. Have not within a three-year period preceding this bid proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid proposal. Name and Title Date Signature Firm Street address City, State, Zip 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 26 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 10.0 CERTIFICATION REGARDING DEBARMENT (SUB) Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion TO BE COMPLETED BY ALL SUB -CONTRACTORS A. The prospective participant (sub -contractor) certifies to the best of its knowledge and belief, that it and its principals (subcontractors and suppliers): Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three (3) year period preceding this bid proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (A) (2) of this certification; and 4. Have not within a three-year period preceding this bid proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid proposal. Name and Title Signature Firm Street address City, State, Zip Date 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 27 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 11.0 CERTIFICATION AFFIDAVIT BY CONTRACTOR AS LOCAL BUSINESS This form must be signed and sworn to in the presence of a notary public or other official authorized to administer oaths. A. This sworn statement is submitted to County of Volusia, FL, Purchasing and Contracts; For: (Authorized individuals name and title) (Name of Company/Individual submitting sworn statement) B. Local Preference Eligibility 1. Vendor has been in business for a minimum of six (6) months prior to the date of Bids or quote O Yes O No 2. Vendor has proof of local business in the form of a business tax receipt from a local jurisdiction per Volusia County Local Preference ordinance O Yes O No I understand that the submission of this form to the contracting officer for Volusia County, Florida, is valid through the end of term of the awarded Agreement. I also understand that failure to notify the County of Volusia of a change in address out of the local area may result in breach of Agreement. (Signature) STATE OF COUNTY OF Sworn to and subscribed before me this day of who has/have produced (Seal) 20 , by who is/are personally known to me or _ as identification. NOTARYPUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 28 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 12.0 CERTIFICATION AFFIDAVIT BY SUBCONTRACTOR AS LOCAL BUSINESS This form must be signed and sworn to in the presence of a notary public or other official authorized to administer oaths. A. This sworn statement is submitted to County of Volusia, FL, Purchasing and Contracts; For: (Authorized individuals name and title) (Name of Company/Individual submitting sworn statement) B. Local Preference Eligibility 1. Vendor has been in business for a minimum of six (6) months prior to the date of Bids or quote O Yes O No 2. Vendor has proof of local business in the form of a business tax receipt from a local jurisdiction per Volusia County Local Preference ordinance O Yes O No I understand that the submission of this form to the contracting officer for Volusia County, Florida, is valid through the end of term of the awarded Agreement. I also understand that failure to notify the County of Volusia of a change in address out of the local area may result in breach of Agreement. (Signature) STATE OF COUNTY OF Sworn to and subscribed before me this day of who has/have produced (Seal) 20 , by who is/are personally known to me or _ as identification. NOTARYPUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 29 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 13.0 NOTIFICATION REGARDING PUBLIC ENTITY CRIME & DISCRIMINATORY VENDOR LIST REQUIREMENTS & DISQUALIFICATION PROVISION A. Pursuant to Florida Statutory requirements, potential Bidders are notified: 287.133(2)(a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid, 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 consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 287.133(2)(b) A public entity may not accept any Bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any Bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 287.134(2)(a) An entity or affiliate who has been placed on the discriminatory vendor list 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 consultant under a contract with any public entity; and may not transact business with any public entity. 287.134(2)(b) A public entity may not accept any Bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that entity or affiliate was placed on the discriminatory vendor list unless that entity or affiliate has been removed from the list pursuant to paragraph (3)(f). A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any Bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity's name appears on the discriminatory vendor list. B. By submitting a proposal, the Bidder represents and warrants that the submission of its proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005). C. In addition to the foregoing, the Bidder represents and warrants that Bidder, Bidder's subcontractors and Bidder's implementer, if any, is not under investigation for violation of such statutes. D. Bidder should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005). 20-B-15LL, LABORATORY ANALYSIS & SAMPLING Page 30 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 14.0 PROOF OF EXEMPTION 441 ��.r- �1 Volusia County FLORIDA BUSINESS SERVICES REVENUE DIVISION 123 W. INDIANA AvE. • Room 103 • DELAND, FL 32720-4602 PHONE: 386-736-5938 • FAX: 386-822-5729 www. volusia. org/revenue I certify that the business known as (business name) providing services, which is located at (street address) (city) , falls under the business tax exemption described in: ❑ Florida Statute 205.063 ❑ Florida Statute 205.065 ❑ Florida Statute 205. 191 ❑ Florida Statute 205. 064 ❑ Florida Statute 205. 162 ❑ Florida Statute 205. 192 ❑ Florida Statute 205. 171 htips:Hlibrary.municode.com/fl/volusia_ county/codes/code_of ordinances?nodeId=PTIICOOR_CHI 14TA_ARTIINGE OR is the type of business indicated below: ❑ Child Care — Residential ❑ Commercial Rentals ❑ Door to Door/Peddler Sales (Authorized Signature) STATE OF COUNTY OF ❑ Insurance Adjuster, Agent, or Company ❑ Pharmacist/Pharmacy (Prescription Drugs Only) ❑ Radio/Television Station ❑ Religious Institution ❑ Residential Rentals over 6months ❑ Sale of Alcoholic Products only (Printed Name) Sworn to and subscribed before me this day of , 20 , by who is/are personally known to me or who has/have produced as identification. (Seal) NOTAR YPUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: A business that falls under one of the exempt classifications listed above is not required to have a Volusia County Business Tax Receipt. Revenue Director/Designee 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 31 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 15.0 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: (Authorized Signature) Title: Date: 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 32 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A 16.0 HOLD HARMLESS AGREEMENT I, (print owner's name), am the owner of (print company name), an incorporated / unincorporated business operating in the State of Florida. As such, I am bound by all laws of the state of Florida, including but not limited to those regarding the workers' compensation law. I hereby affirm that I or [the above -named business] employs fewer than four employees, all of whom are listed below, including myself, and therefore, the business is exempt from the statutory requirement for workers' compensation insurance for its employees. I certify that I will provide the County of Volusia with the name of each new employee together with all required waivers and releases for each prior to any employee being allowed to work to provide services under the contract set forth below. If any such employee is allowed to work without a signed waiver and release, such action will be a material breach of this Agreement. All signed waivers and releases shall be furnished before the commencement of any work by an employee or the undersigned to the County Project Manager or designated county representative. On , 20 , the County of Volusia and I or [the above -named business] entered into a contract for (please insert name of contract), (hereinafter "Agreement") which is incorporated by reference herein. On behalf of myself, my business, and the employees listed below, I and they hereby agree to waive and release any and all workers' compensation claims or liens under Chapter 440, Florida Statutes, against the County of Volusia and its agents, officials and employees, arising from any work or services provided under the Agreement whether or not it shall be alleged or determined that the act was caused by intention, or through negligence or omission of the County of Volusia or its agents, officials and employees or subcontractors. In the event that a workers' compensation claim or lien is made against the County of Volusia and/or its agents, officials or employees by myself or my employees or agents as a result of any work or services performed under the Agreement, I agree to indemnify, keep and hold harmless the County of Volusia, Florida, its agents, officials and employees, against all injuries, deaths, losses, damages, claims, liabilities, judgments, costs and expenses, direct, indirect or consequential (including, but not limited to, fees and charges of attorneys and other professionals) arising out of the Agreement with the County of Volusia, whether or not it shall be alleged or determined that the act was caused by intention or through negligence or omission of the County of Volusia or its employees, agents, or subcontractors. I or the above - named business shall pay all charges of attorneys and all costs and other expenses incurred in connection 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 33 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A with the indemnity provided herein, and if any judgment shall be rendered against the County of Volusia in any action indemnified hereby, I or the above -named business shall, at my or its own expense, satisfy and discharge the same. The foregoing is not intended nor should it be construed as, a waiver of sovereign immunity of the COUNTY OF VOLUSIA under Section 768.28, Florida Statutes. Owner: (print name) (signature) Employee 1: (print name) (signature) Employee 2: (print name) (signature) Employee 3: (print name) (signature) STATE OF_ COUNTY OF Sworn to and subscribed before me this day of , 20 , by who is/are personally known to me or who has/have produced as identification. (Seal) NOTAR YPUBLIC — STATE OF Type or print name: Commission No.: Commission Expires: 20-B-151-L, LABORATORY ANALYSIS & SAMPLING Page 34 of 34 DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A --, Master Agreement �•�` TERM: 2020-02-04 to 2023-02-03 Volusia County FLORIDA Date Issued: 11/05/2021 NO. 780 32454 - 4 Page 1 of 2 Vendor contact: County contact: Bill To: Name: BJ Israel Name: DEVAN NORTH County of Volusia Phone: 407-937-1594 Ext.: Phone: 386-943-7027 Ext.: 13291 AS REQUIRED BY E-mail: accounting@aellab.com E-mail: dnorth@volusia.org USING DEPARTMENT VOLUSIA COUNTY, FL 32720 Vendor Name: Vendor No. 09061900170 Ship To: ADVANCED ENVIRONMENTAL LABS AS REQUIRED BY USING DEPARTMENT 6681 SOUTHPOINT PARKWAY VOLUSIA COUNTY, FL 32720 JACKSONVILLE, FL 32216 Purchasing LISA SMITH Solicitation Number: 20 B-15LL Phone: 386-822-5788 Ext: 15788 E-mail: mismith@volusia.org Award Date: 2020-02-04 Payment Terms: Net 45 Days, FOB Dest, Freight allowed Award Authorization: COUNCIL Document Description: Lab Analysis and Sampling Line Commodity Unit Description P Unit Price or Item Code Contract Amount 2 96148 EA Lab analysis and sampling, per attached price list. 0.000000 Pam Wilsky, CPPO, CPPB Purchasing & Contracts Director Remainder of page is blank County of Volusia Sales Tax Exemption Number 85-8012622393C-9 A delivery order is required for the release of items / services from the referenced Master Agreement. If a solicitation number is referenced then the terms and conditions of said solicitation become part of the Master Agreement. Deviation from prices stated is not permitted without a signed corrected Change Order. If vendor terms and conditions conflict with County of Volusia Terms and Conditions, the County's Terms and Conditions prevail. See reverse side for terms and conditions. DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A Purchase Order (PO) or Master Agreement (MA) Terms and Conditions Providing any good or service constitutes acceptance of this entire PO or MA without exception. In the event this document is issued based on a solicitation or quote, the terms and conditions of the solicitation or quote prevail. Acceptance. Products/Services purchased as result of this PO or MA may be tested for compliance with specifications. Items delivered not in conformance with the specifications may be rejected and returned at the Provider's expense. Those items and items not delivered by the delivery date specified in the accepted offer and/or PO or MA may be purchased on the open market. Cancellation of Order. A request by either party to PO to cancel the order at no cost. Delivery. Title and risk of loss shall pass when items have been received, inspected, and accepted by County of Volusia ("County"). All associated shipping, insurance, and other related costs shall be bome by Provider. Discontinued. Provider shall give County 30 (thirty) days advance notice of a discontinued item(s) so that County can purchase additional quantities of discontinued item(s). County must give written approval of replacement(s) if they exceed previous price or fail to meet quality, form, fit, or function of the discontinued item. Time is of the essence regarding Performance of Services and this PO or MA can be terminated by the County for convenience, non -appropriation of funds, or non-performance. Disputes. If such dispute arises under this PO or MA and is not resolved informally by the parties within five (5) business days, the party bringing a claim ("Disputing Party") shall deliver to the first level representative of the other party a written statement ("Dispute Notice") describing the dispute. If the respective representatives cannot resolve the dispute within ten (10) days, the dispute shall be escalated through two higher levels of management. If the dispute has not been resolved within 25 (twenty- five) calendar days after delivery of the Disputing Partya€TMs notice, either party may give written notice to the other parry declaring the resolution process terminated and pursue other legal recourse or initiate formal non -binding mediation before a single mediator, which shall be completed within 30 (thirty) days of initiation, in accordance with rules of practice and procedure adopted by the Supreme Court of Florida for court -ordered mediation, Rule 1.700, et seq., of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains unresolved after conducting such mediation, then either party may proceed to finalize such termination remedies and commence litigation in a court of competent jurisdiction. Compliance with FEMA 2 CFR 200.318-326 and Appendix II Contract Provisions. This Agreement and the products/services provided may be utilized in the event of declared State/Federal Emergency and Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix II Contract Provisions as amended. These documents can be found on the Internet at: https://www.gpo.gov/fdsys/granule/CFR-2014-title2-volt/CFR-2014-title2-volt-sec200-318 Governing Law/Jurisdiction/Venue. This PO or MA shall be governed by the laws of the State of Florida and venue for any litigation arising from this PO or MA shall be in the County of Volusia, Florida, and any trial shall be non -jury. Provider shall comply with all applicable laws and regulations. Insurance. For goods and services delivered or performed by Provider on County premises, Provider certifies it maintains comprehensive general liability insurance and auto insurance in the amounts identified in the solicitation and/or contract and any amendments thereto pertaining to this PO or MA, or from an A.M. Best "A" or better rated insurance firm authorized by the State of Florida Insurance Commissioner. The County reserves the right to require the "County of Volusia" be named as additional insured for projects when deemed necessary. For services performed off County premises and goods delivered by third party carriers, the Provider shall use such carriers that maintain such insurance coverage as set forth above. Intellectual Property. Provider agrees to protect, defend, indemnify, and save the County, its agents, officials, including elected officials, and employees of the County harmless from and against any and all claims, demands, actions, and causes of action which may arise asserting that a copyright, trademark, trade secret, or patent ("Intellectual Property"), as provided under this PO or MA, infringes or misappropriates any third party's Intellectual Property. If Provider must pay a third party any license, royalty, or other such usage fee in order to deliver the item(s) under this PO or MA, such third party and usage fee must be specified in the Provider's offer to sell to the County. Indemnification. The Contractor shall indemnify, defend and hold harmless the County and its employees, officers, elected and appointed officials, agents, attorneys, representatives, volunteers, divisions, departments, districts, authorities, and associated entities 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 this Agreement to the extent that any such claim, damage, loss and expense is caused by any negligent act or omission of the Contractor, anyone directly or indirectly employed by Contractor. Modification & Assignment. County may unilaterally change, at no additional cost, the quantity and receiving point within the County for items not yet shipped. All other items must be mutually agreed upon in writing. County is not required to pay for defective items, back -orders, late deliveries, those quantities exceeding the PO or MA quantity, or items shipped at a higher price than stated on the PO or MA. Neither this PO or MA nor any interest herein shall be assigned, transferred, or encumbered by Provider except as authorized in writing by the County. Notices. All notices given by one party to the other party under this PO or MA shall be delivered to the receiving party's address set forth on this PO either by hand, qualified courier, or e-mail and shall be deemed received the day after it is transmitted. For the County, it shall be addressed to the Purchasing and Contracts Department, 123 West Indiana Avenue, 3rd Floor, Deland, Florida, 32720 or purchasing@volusia.org. No Waiver. Except as expressly set forth herein, no failure or delay on the part of County in exercising any right, power, or remedy hereunder shall operate as or be deemed a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy. Order of Precedence. In the event of conflict between this PO or a Master Agreement (MA), the originating Volusia County contract and amendments thereto shall be controlling. This control shall pertain to all specifications and scopes of work included in the originating Volusia County contract and any amendments thereto. Payment. Except for construction services, which shall be paid pursuant to the Florida Prompt Payment Act, County shall pay Provider within 45 (forty-five) days after receipt of an accurate and undisputed invoice, unless the County accepts a prompt payment discount from Provider and the goods or services are not defective. Invoice, packing slip, delivery receipt, order acknowledgement, and correspondence shall clearly indicate the PO or MA number. Any additional or different terms and conditions on Provider's documents shall be considered null and void. The County may deduct amounts it is due from Provider's payment or not pay disputed invoices until such dispute is resolved. Nothing in this PO or MA shall create any obligation on the part of the County to pay directly to any subcontractor of Provider any monies due to such subcontractor or claims of such subcontractor for amounts owed by Provider to subcontractor for goods or services provided under this PO or MA. Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section of the Agreement, Master Agreement, and/ or this Purchase Order to the contrary, nothing in any such documents shall be deemed as a waiver of immunity or the limitations of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and the cap on the amount and liability of the County for damages regardless of the number or nature of claims in tort, equity, or contract shall not exceed the dollar amount set by the legislature for tort. Nothing in the Agreement, Master Agreement, or this Purchase Order shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Taxes. County is exempt from Manufacturers' Federal Excise Tax (Exemption# 49-6000-885) and Florida sales tax (Exemption# 85-8012622393C-9). Certificates are available at www.volusia.org/purchasing. After accessing the foregoing website, select, "Doing Business with Volusia County" and "Consumer Certificate of Tax Exemption" from the available menu screens to see a copy of the certificates. Termination for Convenience. The County may cancel the PO or MA in whole or part when it is in the best interest of the County with thirty (30) days notice. UCC. In addition to any rights or remedies contained in this P.O., each party shall have rights, duties, and remedies available through the Uniform Commercial Code (UCC) Warranty. Provider warrants that all Work or Services performed under this PO or MA shall be performed in a good and competent workmanlike manner to the satisfaction of the County, and materials shall be of good quality (unless otherwise stated on PO or MA), and free from defects and pursuant to specifications and requirements of the contract related to this PO or MA. Volusia County Purchasing & Contracts Division, (rev. 09-19-17 apprvd CHJJ) DocuSign Envelope ID: C1512487-6ECE-4D7E-88C6-312AD458396A ITS 20-B-15LL u� Page 1 of 1 Recommendation of Award LABORATORY ANALYSIS AND SAMPLING vbl,ui�Cdoor,ty COUNTY OF VOLUSIA, FL ALL BIDS ACCEPTED BY THE COUNTY OF VOLUSIA ARE SUBJECT TO THE RECOMMENDATION OF AWARD COUNTY'S TERMS AND CONDITIONS. ANY AND ALL ADDITIONAL TERMS AND CONDITIONS SUBMITTED BY THE BIDDERS ARE REJECTED AND SHALL HAVE NO FORCE AND EFFECT. BID DOCUMENTS FROM THE VENDORS LISTED BID NUMBER: 20-B-15LL HEREIN ARE THE ONLY BIDS RECEIVED TIMELY AS OF THE OPENING DATE AND BID TITLE: Laboratory Analysis & Sampling TIME. ALL OTHER BID DOCUMENTS SUBMITTED IN RESPONSE TO THIS OPENING DATE/TIME: 12/10/19 - 3:00 pm SOLICITATION, IF ANY, ARE HEREBY REJECTED AS LATE. Company Name: Advanced Environmental Flowers Chemical Laboratories, Pace Analytical Services LLC Laboratories Inc Inc. UTILITIES DIVISION DRINKING WATER: Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Nitrate 20 $ 6.00 $ 120.00 $ 5.00 $ 100.00 $ 6.50 $ 130.00 Nitrite 20 $ 6.00 $ 120.00 $ 5.00 $ 100.00 $ 6.50 $ 130.00 Lead 400 $ 4.00 $ 1,600.00 $ 5.00 $ 2,000.00 $ 5.00 $ 2,000.00 Copper 400 $ 4.00 $ 1,600.00 $ 5.00 $ 2,000.00 $ 5.00 $ 2,000.00 Total coliform 475 $ 7.00 $ 3,325.00 $ 8.00 $ 3,800.00 $ 10.00 $ 4,750.00 RADIOLOGICAL Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Gross Alpa(including Uranium 10 $ 20.00 $ 200.00 $ 30.00 $ 300.00 $ 35.00 $ 350.00 Radium 228 10 $ 45.00 $ 450.00 $ 58.00 $ 580.00 $ 58.00 $ 580.00 Radium 226 10 $ 55.00 $ 550.00 $ 58.00 $ 580.00 $ 58.00 $ 580.00 Estimated Number of SECONDARY Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Chloride 160 $ 6.00 $ 960.00 $ 5.00 $ 800.00 $ 6.50 $ 1,040.00 Sulfate 45 $ 6.00 $ 270.00 $ 5.00 $ 225.00 $ 6.50 $ 292.50 PH 200 $ 3.00 $ 6()0.00 $ 3.00 $ 600.00 $ 4.00 $ 800.00 UNREGULATED CONTAMINANTS LIST I Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Unregulated Contaminants LIST 1 2 $ $ 400.00 $ 800.00 $ 450.00 $ 900.00 Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost TSS 1260 $ 6.00 $ 7,560.00 $ 7.00 $ 8,820.00 $ 8.00 $ 10,080.00 CBOD 5 400 $ 12.50 $ 5,000.00 $ 12.00 $ 4,800.00 $ 15.00 $ 6,000.00 Fecal Coliform 1145 $ 8.00 $ 9,160.00 $ 7.00 $ 8,015.00 $ 10.00 $ 11,450.00 Nitrate 200 $ 6.00 $ 1,200.00 $ 5.80 $ 1,160.00 $ 6.50 $ 1,300.00 TDS 188 $ 7.00 $ 1,316.00 $ 7.00 $ 1,316.00 $ 8.00 $ 1,504.00 Chloride 200 $ 6.00 $ 1,200.00 $ 5.00 $ 1,000.00 $ 6.50 $ 1,300.00 Sodium 84 $ 6.00 $ 504.00 $ 5.00 $ 420.00 $ 5.00 $ 420.00 Sulfate 84 $ 6.00 $ 504.00 $ 5.00 $ 420.00 $ 6.50 $ 546.00 Turbidity 200 $ 5.00 $ 1,000.00 $ 5.00 $ 1,000.00 $ 4.00 $ 800.00 OTHER CONTAMINANTS Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Trihalomethane Analysis 31 $ 30.00 $ 930.00 $ 28.00 $ 868.00 $ 29.00 $ 868.00 Total Haloacetic Acids 31 $ 55.00 $ 1,705.00 $ 58.00 $ 1,799.00 $ 63.00 $ 1,953.00 Calcium 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Magnesium 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Potassium 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Total Iron 15 $ 6.00 $ 90.00 $ 5.00 $ 75.00 $ 5.00 $ 75.00 Total Hardness 15 $ 10.00 $ 150.00 $ 5.80 $ 87.00 $ 10.00 $ 150.00 Specific Conductance 18 $ 5.00 $ 90.00 $ 5.00 $ 90.00 $ 6.00 $ 108.00 H 15 $ 3.00 $ 45.00 $ 5.00 $ 75.00 $ 4.00 $ 60.00 Boron 4 $ 6.00 $ 24.00 $ 5.00 $ 20.00 $ 5.00 $ 20.00 Total Nitrogen 20 $ 25.00 $ 500.00 $ 25.00 $ 500.00 $ 24.00 $ 480.00 Orthophosphate, as P 4 $ 10.00 $ 40.00 $ 7.00 $ 28.00 $ 7.00 $ 28.00 Estimated Total for Utilities Division $ 41,083.00 $42,602.00 $50,919.50 SOLID WASTE DIVISION Organics Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Ethane/Ethene 24 $ 115,00 $ 2,760.00 $ 85.00 $ 2040.00 $ 80.00 $ 1,920,00 2- Butanone 2 $ 45.00 $ 90.00 $ 45.00 $ 90.00 $ 45.00 $ 90.00 Ethylene Dibromide GCS EDB) 156 S 35.00 $ 5,460.00 $ 25.00 $ 3,900.00 $ 28.00 $ 4,368.00 Total Recovery H drocarbon/FLPRO 6 S 40.00 $ 240.00 $ 45.00 $ 270.00 $ 60.00 $ 360.00 Nutrients Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Ammonia Nitrogen 210 $ 15.00 $ 3,150.00 $ 8.00 $ 1,680.00 $ 12.00 1 $ 2,520.00 Nitrate Nitrogen (IC Anions) 262 $ 6.00 $ 1,572.00 $ 5.80 $ 1,519.60 $ 6.50 $ 1,703.00 Nitrogen, Total 100 $ 25.00 $ 2,500.00 $ 25.00 $ 2,500.00 $ 24.00 $ 2,400.00 Mircobiolo ical Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Fecal Coliform 15 $ 8.00 $ 120.00 $ 7.00 $ 105.00 $ 10.00 $ 150.00 Total Coliform 15 $ 7.00 $ 105.00 $ 7.00 $ 105.00 $ 10.00 $ 150.00 Residue/Solids Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Total Dissolved Solids 230 $ 7.00 $ 1,610.00 $ 7.00 $ 1,610.00 $ 8.00 $ 1,840.00 Total Suspended Solids 30 $ 7.00 $ 210.00 $ 7,00 $ 210.00 $ 8.00 $ 240.00 Field Test Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Total Well Depth 305 $ 1.00 $ 305,00 $ 2.00 $ 610.00 $ $ Specific Conductance 305 $ 5.00 $ 1,525.00 $ 2.00 $ 610.00 $ $ Turbidity 305 $ 5.00 $ 1,525.00 $ 2.00 $ 610.00 $ $ Miscellaneous Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Chloride IC Anions 230 $ 6.00 $ 1,380.00 $ 5.00 $ 1,150.00 $ 6.50 $ 1495.00 Color 305 $ 12.00 $ 3,660.00 $ 5.50 $ 1,677.50 $ 5.00 $ 1,525.00 H 305 $ 3.00 $ 915.00 $ 5.00 $ 1,525.00 $ 4.00 $ 1,220.00 Metals Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Iron 30 $ 6.00 $ 180,00 $ 5.00 $ 150.00 $ 5.00 $ 150.00 Mercury 210 $ 12.00 $ 2,520.00 $ 10.00 $ 2,100.00 $ 12.00 $ 2,520.00 Sodium 226 $ 6.00 $ 1,356.00 $ 5.00 $ 1,130.00 $ 5.00 $ 1,130.00 Oran is & Demands Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost Biochemical oxygen Demand 14 $ 15.00 $ 210.00 $ 13.00 $ 182.00 $ 15.00 $ 210.00 Chemical Oxygen Demand 14 $ 15.00 $ 210.00 $ 13.00 $ 182.00 $ 12.00 $ 168.00 Total Organic Carbon 32 $ 20.00 $ 640.00 $ 13.00 $ 416.00 $ 15.00 $ 480.00 Toxicity Characteristic Leaching Procedure (TCLP) Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost SPLP Extraction 2 $ 25.00 $ 50.00 $ 25.00 $ 50.00 $ 35.00 $ 70.00 Miscellaneous Estimated Number of Tests Per Year Price Per Test Total Cost Price Per Test Total Cost Price Per Test Total Cost 40 CFR Part 258 Appendix I 210 $ 130.00 $ 27,300.00 $ 140.00 $ 29,400.00 $ 145.00 $ 30,450.00 Field Parameters 305 $ 5.00 Estimated Total for Solid Waste $ 1,525.00 $ 2.00 $ 610.06 $ $ $ 61,118.00 $54,432.10 $55,159.00 Opened by: Lacey Lassiter & Kathy Williams Tabulation by: Lacey Lassiter, Procurement Analyst Recommendation of Award: Advanced Environmental Laboratories, Inc.; Flowers Chemical Laboratories, Inc.; Pace Analytical Services County Council Meeting Date: 2/4/2020 Posted: 1/10/2020 QVVVj,iewed antl Approved by: t� _ A w Pam Wilsky, COPIT, CPPO Interim Director of Purchasing and Contracts