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HomeMy WebLinkAboutCity of Tamarac Resolution (123)1 1 Temp. Reso # 9769 April 25, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-123 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OFTAMARAC, FLORIDA AUTHORIZING THEAPPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH SERVICE OF PROFESSIONALS, INC. FOR PROVIDING INSTALLATION OF CANAL LEVEL MONITORING STATIONS UTILIZING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONTRACT C-12523 EFFECTIVE MAY 24,2001 THROUGH MAY 24, 2002; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $68,305; AUTHORIZING BUDGET TRANSFERS NECESSARY FOR PROPER ACCOUNTING PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac maintains canal levels to control stormwater runoff and ensures that appropriate mitigation measures are taken to avoid flooding potential; and WHEREAS, City of Tamarac currently maintains canal levels through manual inspection which is both time consuming and risky during severe storm events; and WHEREAS, the installation of telemetry stations consisting of equipment which shall monitor canal levels and precipitation in six (6) strategically located areas, as identified in Exhibit 4 and transmit this data to a base station located at the Public Works Department will greatly enhance the City's ability to obtain the information necessary to implement flood control measures; and Temp. Reso # 9769 April 25, 2002 Page 2 WHEREAS, the South Florida Water Management District awarded Contract Number C-12523 to Service of Professionals, Inc. for the installation of similar canal level and precipitation monitoring equipment; and WHEREAS, the services provided by Service of Professionals, Inc. will also include sensors, data recorders with retrieval capability, weather-proof housing for all equipment, software, real-time data monitoring, customizable alarms with alpha- numeric paging capability, and solar power sources for the monitoring equipment as outlined in the request for quotes and proposal attached hereto as Exhibit 2; and WHEREAS, City Code §6-155 allows the Purchasing/Contracts Manager the authority to procure supplies, material, equipment and services which are subject to contracts with other governmental agencies without following purchasing procedures when the best interest of the City would be served; and WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing/Contracts Manager that the City utilize the South Florida Water Management District Contract Number C-12523 awarded to Service of Professionals, Inc. attached hereto as Exhibit 1; and Temp. Reso # 9769 April 25, 2002 Page 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve Service of Professionals, Inc. for the installation of canal level and precipitation monitoring equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: That the appropriate City Officials are hereby authorized to execute an agreement utilizing the South Florida Water Management District Contract Number C- 12523 awarded to Service of Professionals, Inc., hereto attached as Exhibit 3. SECTION 3: An expenditure in an amount not to exceed $68,305 is hereby authorized. SECTION 4: Budget transfers necessary for proper accounting procedures are hereby approved. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso # 9769 April 25, 2002 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 81h day of May, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLD-TI(JN as -to form., MITCHELL S. JqRAF CITY ATTOIRWEY JO SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Al y& DIST 1: V/M. PORTNER A el DIST 2: COMM. MISHKIN E DIST 3: COMM. SULTANOF AM DIST 4: COMM. ROBERTS-Aye, � Cl 111, m r A 3'.Z0 �on31 N 3z. LlNo1+11 VW00 9 .� R N b 0D ro D m r M 0 fA �0 to 300 v z _ 0 0 W C) Z a 0 m ya 1 1 2 d� AGREEMENT THIS AGREEMENT is entered into on tAAy 8 s 2002 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 ("the City") and Services of Professionals, Inc., a Florida corporation with principal offices located at 2600 Kirby Avenue, Suite 11, Palm Bay, Florida 32905 (Contractor) for the purpose of providing the installation of 6 monitoring stations for the City of Tamarac and as described in the proposal dated January 29, 2002. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed $68,305.00, Contractor shall comply with the terms and conditions within the South Florida Water Management District Contract #C-12523, attached hereto as Exhibit A. All terms and conditions of contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B incorporated as if set forth in full. Upon execution of this Agreement, all references made to the South Florida Water Management District Contract #C-12523 in Exhibits A and B shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibits A and B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "SFWMD" or "district" appear, they shall be read as "City of Tamarac". This agreement and Exhibits A & B constitute the entire agreement between the City and the Contractor, Services of Professionals, Inc. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR Larry J. Helton, President Services of Professionals, Inc. 2600 Kirby Avenue NE, Suite 11 Palm Bay, Florida 32905 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. The City of Tamarac, through its Mayor and Services of Professionals, Inc. through Larry J. Helton, President, duly authorized to execute same. CITY OF TAMARAC By: �/Oe Schreiber, Mayor Date: ATTEST: Jeffr filler, City Manager Date: Marion Swensofi, CIVIC City Clerk Date: ATTEST: o porat retary Typ /eTyp P it nit nt Name of Corporate Secy STATE OF FLORIDA COUNTY OFtie��.r.L /%Seices of rofess' als, Inc. By: (Name f resident) Larry J. Helton _ Type/Print Name of President L Date: Z//=/O ACKNOWLEDGEMENT SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Larry J. Helton, President of Services of Professionals, Inc. a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this �.2 day of , 2402. .•�'P�%y Marjory H. de Wit :commtsdm # MOdBFt3.9 . mom MM Bar 11� u nn u``� Adaotic $awfn8 co, Inc. (personally known to me or ( ) Produced Identification .J 7 c) 9 t. T UBLIC, State of Florida at Large (Name' of4otary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. [UB SLI [P Services of Professionals, Inc. P. O, Box 060820 Phone (321) 951-7876 Palm Bay, FL 32906-0820 Fax (321) 724-0350 TO: Attn: Amber Denney Project Manager City of Tamarac 6011 Nob Hill Rd. Tamarac, FL 33321-2401 EXHIBIT"A" 2600 Kirby Ave. NE Ste. # l l Palm Bay, FL 32905 Quotation No. 20 2291 WHEN ORDERING PLEASE REFER TO THE ABOVE NUMBER Ph. (954) 724-2410 QUOTATION VALID FOR Fax. (954) 724-2428 Date Your In ui 30 DAYS Princi al 1/29/02 1117/02 SOPID ITEM UANTITY DESCRIPTION UNIT PRICE TOTAL PRIG I I Installation of 6 monitoring stations $68,305.00 368,305.00 per specifications and requirements stated in RFQ "Quotes for Monitoring ,Equipment Stations" dated 1/17/02 Note: Migorityc participation: 1501, or more I" 3 to 4 wfty s delivery on inkLfuments Sales Tax Shipping TOTAL: $68,305.00 DELIVERY DATE F.O.S. TERMS *45 da s ARO Shi in Point 30 Net Field Office: AU HOR SIGNATURE P O, Box 8157 E-Mail Address: cnnCn�cna^nv n�i DEC-26-2001 10:02 SEW11D �,. .�. EXHIBIT"B" 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONTRACT THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS CONTRACT WITH: Name: SERVICES OF PROFESSIONALS, INC C-12523 Address: 2600 KIRBY AVENUE NE, STE. #11 M/WBE Goal. I I% PALM BAY, FL 32905 Project Manager: Larry J. Helton Telephone No: (321) 951-7876 Fax No: (321) 724- 0350 Hereinafter referred to as: CONTRACTOR PROJECT TITLE: MONITORING EQUIPMMEN'I' INSTALLATIONS The following Exhibits are attached hereto and made a part of this CONTRACT: Exhibit "A" - Not Applicable Exhibit "H" - Insurance Requirements Exhibit "B" - General Terms and Conditions Exhibit "I" - Work Order Form Exhibit "C" - Statement of Work Exhibit "J" - Travel Expense Voucher Exhibit "D" - Not Applicable Exhibit ''K" - Not Applicable Exhibit "E" - M/WBE Utilization Report Exhibit "L" - Rate Schedule Exhibit "F" - Final M/WBE Utilization Report Exhibit "M" - Not Applicable Exhibit "G" - Not Applicable TOTAL CONTRACT AMOUNT: $551,949.00 CONTRACT TYPE: Nat -to -Exceed Multi -Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: Figeal Year: Fiscal Year: Fiscal Year: "Subject to District Governing Board Annual Budget Approval CONTRACT TERM: One 1 Year EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Wayne Herrmann District Contract Administrator: Telephone No: (561) 753-2400 Linda Greer (561) 682-6396 Fax No. 501) 791-4077 Fax No.: (561) 682-6397 or (561) 681.6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE CONTRACTOR AT: Services of Professionals, Inc. South Florida Water Management District 3301 Gun Club Road 2600 Kirby Ave. NE, Ste. #11 West Palm Beach, Florida 33406 Attention: Procurement Division Palm Bay, FL 32905 Attention: LarryJ- Helton IN WITNESS WHEREOF, the authorized representative hereby executes this CONTRACT on this date, and accepts all Terms and Conditions under which it is issued. SERVICES OF PROFESSIONALS, INC. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING HOARD Accepted By: �K"Accepted By: `--- Signature of AObp&ecf Reptesentative Je J. Flathmann, Pr ut lkrector _ Date: .5 / Title: Date: v 1 S wuA h' vEn By Date: y13 ale IF I01101- •- OCT-22-2001 MON 12:59 PM P. 03 11 C. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 0 EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1- STATEMENT OF WORK 1.1 The CONTRACTOR shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C", and made a part of this CONTRACT. 1.2 As part of the services to be provided by the CONTRACTOR under this CONTRACT, the CONTRACTOR shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The CONTRACTOR shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the CONTRACT. This paragraph shall survive the expiration or termination of this CONTRACT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this CONTRACT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this CONTRACT shall not exceed the amount as indicated on Page I of this CONTRACT. Such amount includes all expenses which the CONTRACTOR may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this CONTRACT shall be paid in accordance with, and subject to the multi -year funding allocations for each DISTRICT fiscal year indicated on Page 1 of this CONTRACT. Funding for each applicable fiscal year of this CONTRACT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this CONTRACT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this CONTRACT to the contrary, The DISTRICT will notify the CONTRACTOR in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this CONTRACT. 2.3 The CONTRACTOR, by executing this CONTRACT, certifies to truth -in -negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The CONTRACTOR agrees that the DISTRICT may adjust the consideration for this CONTRACT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this CONTRACT. 2.4 Travel expenses are not anticipated. However, in the event any travel is required by members of the CONTRACTOR's staff to fulfill its performance of the terms and conditions of this CONTRACT, such travel shall require prior written authorization by the DISTRICT. The DISTRICT shall only reimburse the CONTRACTOR for travel expenses, including transportation, lodging, food, and incidental expense to the extent provided under the DISTRICT's Travel Policy No. 14.500. A completed "Travel Expense Voucher", attached hereto as Exhibit " 7", or similar form, together with copies of receipts to support travel expenses must accompany all requests for travel reimbursement_ ARTICLE 3 - INVOICING AND PAYMENT 3.1 The CONTRACTOR's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page 1 of this CONTRACT. The CONTRACTOR should not submit invoices to any other address at the DISTRICT. 3.2 The CONTRACTOR shall submit the invoices on a completion of deliverable basis, `' Page 1 of 12, Exhibit "B" OCT-22-2001 MON 01:00 PM P. 04 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this CONTRACT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred C., within the not -to -exceed budget including, but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this CONTRACT. However, failure by the CONTRACTOR to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the CONTRACTOR prior to the commencement date of this CONTRACT. 3.5 Any early payment discount offered by the CONTRACTOR shall be clearly indicated on the invoice, including the percentage of the discount and r. the time period for which the discount is valid. The DISTRICT reserves the option to accept such early payment discounts. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this _ CONTRACT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the CONTRACT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this CONTRACT. The CONTRACTOR shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page 1 of the CONTRACT. All formal notices between the parties under this CONTRACT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the CONTRACT. The CONTRACTOR shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this CONTRACT shall be considered delivered upon receipt. Should either party change its address, written notice of such now address shall promptly be sent to the other party. All correspondence to the DISTRICT under this CONTRACT shall reference the DISTRICT's Contract Number specified on Page 1 of the CONTRACT. 4.2 The CONTRACTOR agrees that the individual(s) listed in Exhibit "G", attached hereto and made a part of this CONTRACT shall provide services under this CONTRACT. The services of the individual(s) listed herein are a substantial inducement and material consideration for this CONTRACT. In the event such individual(s) can no longer provide the services required by this CONTRACT, the CONTRACTOR shall immediately notify the DISTRICT in writing and the DISTRICT may elect to terminate this CONTRACT, for this reason, without any liability whatsoever to the CONTRACTOP, including but not limited to liability for unfinished work product. The CONTRACTOR may propose a replacement for the individual(s), subject to the optional approval of the DISTRICT. The DISTRICT, in its judgement, may elect to compensate the CONTRACTOR for any unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. ARTICLE S - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the CONTRACTOR shall defend, Page 2 of 12, Exhibit "B" OCT-22-2001 MON 01:00 PM P, 05 ;r SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS indemnify, save, and hold the DISTRICT, its officers, directors, board members, agents, assigns, and employees harmless from any and all claims, damages, losses, and expenses, direct or indirect or consequential (including but not limited to, fees and charges of attorneys and other professionals, court and arbitration or other dispute resolution costs) arising out of or resulting from any negligent or intentional act or omission by the CONTRACTOR, its subcontractors, suppliers, agents, assigns, invitees, or employees in connection with this CONTRACT. The DISTRICT shall have the right to approve counsel selected by the CONTRACTOR to defend the DISTRICT in the event the DISTRICT is named in any legal action. Further, this indemnification shall specifically include all claims, losses, damages or expenses which result from any of the following by the CONTRACTOR or its subcontractors, suppliers, agents, assigns, invitees or employees: (a) any breach of the CONTRACT; (b) any violation of any patent, trademark, copyright law or other intellectual property law; (c) any violation of any federal, state, or local law or regulation The CONTRACTOR further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this CONTRACT. This paragraph shall survive the expiration of termination of this CONTRACT. 5.2 The CONTRACTOR shall procure and maintain, through the term of this CONTRACT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "IT' and made a part of this CONTRACT. The coverage required shall extend to all employees and subcontractors of the CONTRACTOR. Prior to the execution of this CONTRACT, the CONTRACTOR shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, tamer's name, and BEST rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT to notify the CONTRACTOR that the certificate of insurance does not meet the CONTRACT requirements shall not constitute a waiver of the CONTRACTOR's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the CONTRACTOR from responsibility for adhering to the insurance limits and conditions of insurance required within this CONTRACT. Misrepresentation of any material fact, whether intentional or not, regarding the CONTRACTOR's insurance coverage, policies or capabilities, may be grounds for termination of the CONTRACT as determined solely by the DISTRICT. ARTICLE 6 - TERMINATION/ RENIEDIES 6.1 If either party fails to fulfill its obligations under this CONTRACT in a timely and proper manner, the other party shall have the right to terminate this CONTRACT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non -defaulting party shall have the option to terminate this CONTRACT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this CONTRACT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the CONTRACTOR. The performance of work under this CONTRACT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is Page 3 of 12, Exhibit "B" OCT-22-2001 MON 01,01 PM P, 06 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EX MIT "B" GENERAL TERMS AND CONDITIONS .0 .t, 1, r. in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the CONTRACTOR of a Notice of Termination specifying the extent to which Performance of work under the CONTRACT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the CONTRACTOR for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this CONTRACT. The DISTRICT may withhold all payments to the CONTRACTOR for such work until such time as the DISTRICT determines the exact amount due to the CONTRACTOR. 6.3 If either party initiates legal action, including appeals, to enforce this CONTRACT, the prevailing party shall be entitled to recover a reasonable attomey's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to nonbinding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the ❑ISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the CONTRACTOR to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the CONTRACTOR in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The CONTRACTOR shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this CONTRACT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The CONTRACTOR shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. _Maintenance of Records: The CONTRACTOR shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this CONTRACT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this CONTRACT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this CONTRACT. Such examination may be made only within five years from the date of final payment under this CONTRACT and upon reasonable notice, time and place. C. Extendcd Availability of Records, for Disl2utes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this CONTRACT. the CONTRACTOR shall extend the period of maintenance for all records relating to , the CONTRACT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. Page 4 of 12, Exhibit "B" Contract File:\ntecontr.doc 04/19/01 OCT-22--2001 MON 01:02 PM P. 07 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS D. /Audit Findings:In the event the DISTRICT exercises its right hereunder to audit the CONTRACTOR's financial and accounting records within a period of one (1) year following the completion or termination date of this CONTRACT, and such audit results in the proper disallowance of costs based on the auditor's finding(s), the CONTRACTOR shall be obligated to refund the DISTRICT for such disallowances upon demand. At its option, the DISTRICT shall also have the right to reduce payments due to the CONTRACTOR under this CONTRACT by the amount of any disallowance resulting from audits conducted under this CONTRACT. E, Applicability Ig Authorized A e s: In the event that any of the Work is delegated by the CONTRACTOR, the CONTRACTOR hereby agrees to include in any such contract a provision requiring such vendor. consultant, agent and/or subcontractor to agree to the same requirement for records retention, inspection and audit rights as set forth in this Article 7. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the CONTRACTOR, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"), In consideration for the DISTRICT entering into this CONTRACT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the CONTRACTOR, the CONTRACTOR hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self -operative upon execution by the parties hereto, however the CONTRACTOR agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The CONTRACTOR may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this CONTRACT. 7.3 The CONTRACTOR represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the CONTRACTOR hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the CONTRACTOR, or lawfully acquired under license from a third party, including the right to sublicense such software. The CONTRACTOR shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The CONTRACTOR shall grant to the DISTRICT a perpetual, non -transferable, non- exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the CONTRACTOR with DISTRICT funding under this CONTRACT shall be returned and title transferred from the CONTRACTOR to the DISTRICT immediately upon termination or expiration of this CONTRACT upon the written request of the DISTRICT not less than thirty (30) days prior to CONTRACT expiration or termination. Equipment is hereby defined as any non -consumable items purchased by the DISTRICT with a value equal to or greater than $750.00 and with a normal expected life of one (1) year or more. The CONTRACTOR ' will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The CONTRACTOR will use its best efforts to safeguard the equipment throughout the period of performance of this CONTRACT. However the DISTRICT will not hold the CONTRACTOR liable for loss or damage due to causes beyond the CONTRACTOR's reasonable control. In the event of loss or damage, the CONTRACTOR shall notify the DISTRICT in writing within five (5) working days of such occurrence. Page 5 of 12, Exhibit " H" Contract File:\ntecontr.doc 04/19/01 OCT--22-2001 MON 01 : 02 PM C.. SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B' GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this CONTRACT, the DISTRICT may permit the CONTRACTOR access to certain third party owned software on DISTRICT computer systems. The CONTRACTOR acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The CONTRACTOR, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this CONTRACT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CONTRACTOR, upon request, as to any such laws of which it has present knowledge. 8-2 The CONTRACTOR hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this CONTRACT. The CONTRACTOR shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this CONTRACT. In the event it is necessary for either party to initiate legal action regarding this CONTRACT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The CONTRACTOR, by its execution of this CONTRACT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the CONTRACTOR or any affiliate of the CONTRACTOR has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The CONTRACTOR further understands and accepts that this CONTRACT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the CONTRACTOR for any work or materials furnished. 8.5 The CONTRACTOR shall not utilize the DISTRICT's exemption certificate number issued pursuant to Sales and Use Tax Law, Chapter 212, Florida Statutes, when purchasing materials used to fulfill its contractual obligations with the DISTRICT. The CONTRACTOR shall be responsible and liable for the payment of all applicable FICA/Social Security and other taxes resulting from this CONTRACT. 8.6 The CONTRACTOR warrants that it has not employed or retained any person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this CONTRACT. Further the CONTRACTOR warrants that it has not paid or agreed to pay any person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or snaking of this CONTRACT. For breach of this provision, the DISTRICT may terminate this CONTRACT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The CONTRACTOR shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CONTRACTOR assert any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CONTRACTOR 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement Page 6 of 12, Exhibit "B" Contract File:Vitecontr.doc 04/19/01 OCT-22-2001 MON 01:00 PM • C. C.. SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXMIT "B" GENERAL TERMS AND CONDITIONS which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the CONTRACTOR (Licensee) hereunder, the DISTRICT shall advise the CONTRACTOR (Licensee) of such request and, as between the DISTRICT and the CONTRACTOR (Licensee), it shall be the CONTRACTOR's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The CONTRACTOR shall make reasonable efforts to obtain any necessary federal, state, local. and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this CONTRACT. A delay in obtaining permits shall not give rise to a claim by the CONTRACTOR for additional compensation. If the CONTRACTOR is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this CONTRACT, each party to bear its own costs, notwithstanding other provisions of this CONTRACT to the contrary. 8.9 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this CONTRACT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its CONTRACTOR. Therefore, as the DISTRICT'S CONTRACTOR for this project, the CONTRACTOR assures the DISTRICT that the CONTRACTOR, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The CONTRACTOR agrees to take all reasonable measures necessary to effectuate these assurances. In the event the CONTRACTOR determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this CONTRACT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The CONTRACTOR shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this CONTRACT shall be interpreted to establish any relationship other than that . of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this CONTRACT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this CONTRACT is solely for the benefit of the CONTRACTOR and the DISTRICT. No person or entity other than the CONTRACTOR or the DISTRICT shall have any rights or privileges under this CONTRACT in any capacity whatsoever, either as third -party beneficiary or otherwise. 9.3 The CONTRACTOR shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this CONTRACT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be null and void. 9.4 The CONTRACTOR shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the CONTRACTOR and the CONTRACTOR shall remain solely responsible for compliance with all safety requirements and for the Page 7 of 12, Exhibit "B" Contract FileAntecontr.doc 04/19/01 OCT-22-2001 MON 01:03 PM P. 10 SOUTH FLORMA WATER MANAGEMENT DISTRICT EXHIBIT 11B11 GENERAL TERMS AND CONDITIONS safety of all persons and property at the site of CONTRACT performance. ARTICLE 10 - M/WBE PARTICIPATION 10.1 _ M/wBE_Qgal. The DISTRICT actively encourages the participation of Minority -owned and Woman -owned Business Enterprises (M/WBE's) in the DISTRICT's procurement and contracting activity in accordance with DISTRICT Rule 40E-7, Part 6, F.A.C. ("M/WBE Rule"). The CONTRACTOR shall take all necessary and reasonable steps to achieve and maintain the M/WBE participation goal as indicated on Page 1 of this CONTRACT. At any time during the term of this CONTRACT, the DISTRICT may request information on the M/WBE participation under this CONTRACT and may request the CONTRACTOR to increase its efforts and volume of awards to certified M/WBE firms relative to the agreed upon commitment. At any time during the term of this CONTRACT, the DISTRICT may request information on the M/WBE status of the CONTRACTOR and/or any and all of its subcontractor(s). The CONTRACTOR shall notify the DISTRICT immediately of any change in business ownership, management, or control of the CONTRACTOR or any of its subcontractor(s), that could affect the CONTRACTOR's M/WBE status or the CONTRACTOR's ability to comply with the M/WBE requirements of this CONTRACT. 10.2 MIABE Utiliz n lan. The CONTRACTOR shall identify all M/WBE firms which will be utilized as subcontractors or joint venture partners. The CONTRACTOR must provide proof that each firm to be utilized as an M/WBE prime or subcontractor is certified with the DISTRICT. Each subcontractor and prime shall be listed in the Utilization Plan and submitted to the DISTRICT. The listing of the M/WBE's in the Utilization Plan shall constitute the CONTRACTOR's representation to the DISTRICT that the NMBE firms are technically and financially qualified and available to perform the assigned work. The Utilization Plan shall consist of the following DISTRICT forms and information as submitted by the CONTRACTOR in it's proposal/bid: 1. Statement of Business Organization form 2. Statement of Intent to Perform as a M/WBE Subcontractor form. 3. Schedule of Subcontractor/ Minority/Women Business Enterprise (M/WBE) Participation form. 4. Joint Venture Agreement (if applicable). 5. Proof of DISTRICT certification. Items (1) through (5) above are hereinafter collectively referred to as the "M/WBE Plan" 10.3 Subcontr U191 Substitution. The CONTRACTOR must receive written approval from the DISTRICT's Office of Supplier Diversity and Outreach (SDO) prior to substituting an M/WBE subcontractor for any reason, or otherwise modifying the M/WBE Plan as defined above. The CONTRACTOR must submit to the DISTRICT an amended version of the following: 1. Schedule of Subcontractor/ Minority/Women Business Enterprise WIWBE) Participation form. 2. Statement of Intent to Perform as a WWBE Subcontractor form for each substitute firm. 10.4 Invoicing. The CONTRACTOR agrees to submit with each invoice, a completed NV"E Utilization Report form, attached hereto as Exhibit "E" and made a part of this CONTRACT. The CONTRACTOR understands that each M/WBE utilized for the CONTRACT must be certified by the DISTRICT. The CONTRACTOR shall submit a completed Final M/WBE Utilization Report form, attached hereto as Exhibit "F" and made a part of this CONTRACT, with the final invoice. 10.5 Compliance. The DISTRICT shall monitor and evaluate compliance with the provisions of the Page 8 of 12, Exhibit "B" Contract FileAntecontr.doc 04/19/01 OCT--22-2001 MON 01:04 PM • Cv r.• - C.- SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "$' GENERAL TERMS AND CONDITIONS M/WBE Rule. During the term of the CONTRACT, the CONTRACTOR shall comply with the M/WBE Plan as may be amended with the prior written approval from the DISTRICT's Office of Supplier Diversity and Outreach. Compliance for use of M/WBE's shall include tasks and proportionate dollar amounts throughout the term of the CONTRACT, including amendments, change orders, and work orders. The CONTRACTOR shall maintain the level of M/WBE participation as established in the CONTRACTOR's Ivi/WBE Plan. Failure to comply with the M/WBE requirements of this CONTRACT shall result in the DISTRICT enforcing any or all of the compliance provisions as provided for in this Article and the NME Rule. Failure to comply will be considered a material breach of CONTRACT and may further result in suspension or debarment of firms an or i dividua invo ved for activity contrary to the DISTRICT's M/WBE Rule. To ensure that all M/WBE requirements under this CONTRACT are met, the CONTRACTOR's M/WBE efforts throughout the performance of the CONTRACT shall be reviewed by the DISTRICT. The CONTRACTOR shall advise the DISTRICT of any situation in which regularly scheduled payments are not made to any M/WBE subcontractor(s). 10.6 Prohibition of Not -To -Compete ee- ments. The CONTRACTOR is prohibited from entering into any agreements with an M/WBE subcontractor in which the M/WBE subcontractor promises not to provide subcontracting quotations to other respondents/bidders or potential respondents/ bidders. 10.7 Records. The CONTRACTOR shall maintain records, and information necessary to document compliance with CONTRACT requirements, and the DISTRICT shall have the right to inspect such records. 10.8 Enforcement. The DISTRICT retains the right to initiate any of the following provisions to ensure CONTRACTOR compliance with the DISTRICT's M/WBE Rule: A. withholding from the CONTRACTOR a minimum of ten percent (lo%), up to a maximum of one hundred percent (100%) of all future payments, exclusive of any retainage, which may be due under the CONTRACT until the DISTRICT determines that the CONTRACTOR is in compliance; B. withholding from the CONTRACTOR all future payments which may be due under the CONTRACT until the DISTRICT determines that the CONTRACTOR is in compliance; C. adjusting the CONTRACT price by all or a portion of the bid incentive amount under the CONTRACT until it is determined that the CONTRACTOR is in compliance; D. refusal of all future proposals or offers submitted to the DISTRICT by the CONTRACTOR for a period of three (3) years; E. initiation of decertification action. F. cancellation of the eligible CONTRACT for cause. The CONTRACTOR, or any individual who falsely represents any entity as a NIMBE or does not fulfill the contractual obligations, is subject to the penalties under Section 287.094, Florida Statutes. M/WBE certification suspension or debarment of firms for activity contrary to the Program, as defined in DISTRICT Rule 40E-7.621 (11), F.A.C. and the appeal process, shall be carried out pursuant to DISTRICT's M/WBE Rule. ARTICLE 11 - YEAR 2000 COMPLIANCE In the event that the CONTRACTOR's performance, as required by this CONTRACT, involves the use and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 11 shall apply: 11.1 CONTRACTOR represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or Page 9 of 12, Exhibit "B" Contract FileAntecontr.doc 04/19/01 OCT-22-2001 MON 01:05 PM F. 12 C" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" 0 GENERAL TERMS AND CONDITIONS ,C,. hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, CONTRACTOR further represents and warrants: 1) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software, firmware and/or hardware includes Year 2000 Compliance. For the purposes of this CONTRACT, Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century formulas and multi -century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date -related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, CONTRACTOR shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance W arranty- 11.4 If this CONTRACT involves the purchase and/or license and/or ductpoff any kinde, firMware previously and/or hardware p developed by the CONTRACTOR or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the CONTRACTOR shall accept the return of the software, firmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the CONTRACTOR shall refund to the DISTRICT the full amount of the License Fee actually paid to the CONTRACTOR for the software; and, in the case of hardware return, the CONTRACTOR shall refund to the DISTRICT the full amount of the hardware actually paid to the CONTRACTOR by the DISTRICT. In addition to the foregoing, the CONTRACTOR shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on -going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the CONTRACT to the contrary. the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article 11, in its entirety, shall survive the expiration or termination of this CONTRACT. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of thus CONTRACT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this CONTRACT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care Page 10 of 12, Exhibit "B" Contract File:\ntecontr.doc 04/19101 OCT-22-2001 MON 01:05 PM P 13 ,C,, r.. tom,, SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this CONTRACT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this CONTRACT specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this CONTRACT shall conflict, or appear to conflict, the CONTRACT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict perforrance of any covenant, condition, or provision of this CONTRACT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this CONTRACT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this CONTRACT specifically referred to therein and shall not be deemed a waiver of any other provision- No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this CONTRACT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this CONTRACT, to the extent that the CONTRACT shall retrain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This CONTRACT may be amended only with the written approval of the parties hereto. 12.6 This CONTRACT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this CONTRACT. The CONTRACTOR recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This CONTRACT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 — SAFETY R.EQUIRENIENTS 13.1 The CONTRACTOR shall require appropriate personal protective equipment in all operations where there is. exposure to hazardous conditions. 13-2 The CONTRACTOR shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the CONTRACTOR to the DISTRICT on each chemical product used. 13.3 The CONTRACTOR shall comply with the standards andregulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the CONTRACTOR's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of CONTRACT performance. 13.5 The CONTRACTOR shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. Page 1 I of 12. Exhibit " B " Contract File:\ntecontr.doc 04/19/01 OCT-22-2001 MON 01:06 PM P. 14 SOUTH FLORLDA WATER MANAGEMENT DISTRICT EXMIT "S" GENERAL TERMS AND CONDITIONS • r., 13.6 The CONTRACTOR shall erect and maintain, as required by existing conditions and performance of the CONTRACT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The CONTRACTOR shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the CONTRACTOR, or CONTRACTOR's sub- contractors; and 13.7.3 other properties at the site or adjacent •r. thereto; such as trees, shrubs, lawms, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The CONTRACTOR shall provide first aid services and medical care to its employees. 13.9 The CONTRACTOR shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the CONTRACT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the CONTRACTOR shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the CONTRACTOR, CONTRACTOR's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the CONTRACTOR shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the CONTRACT. For accidental discharges or releases onto the floor, air, gmund, surface waters, ground waters, it shall be the CONTRACTOR's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the CONTRACTOR to halt operations under the CONTRACT, at the CONTRACTOR's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist_ This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the CONTRACTOR to the DISTRICT; and the CONTRACTOR shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 12 of 12, Exhibit "B" Contract FileAntecontr.doc 04/19/01 OCT-22-2001 MON 01:06 PM P. 15 t.. 1.0 INTRODUCTION EXHIBIT "C" STATEMENT OF WORK C-125V MONITORING INSTALLATIONS The mission of the South Florida Water Management District (SFWMD or District) is to manage the water and related resources within its boundaries according to Federal and State laws and mandates to the benefit of the public, both present and future. To accomplish this task, the District maintains a large Supervisory Control and Data Acquisition (SCADA) and environmental monitoring network of well over 700+ operational sites. The vast electronic network supports and is legally mandated by all facets of the District's operations and activities and is expanding rapidly to meet the demands of present and future legal mandates, such as the Everglades 'Forever Act (EFA) of 1994 and the Comprehensive Everglades Restoration Plan (CERP). Qualified contractors are needed to meet the increased demand of rapid network growth dictated by the increased need to maintain and restore the environment. 2.0 STATEMENT OF WORK The district has established a pool of contractors determined to be qualified as a result of the evaluation process performed under RFP C-11625. When a task is identified, the contractor will be asked to respond with a cost proposal, conforming to Exhibit "L" of this contract, and a time line Gantt chart for approval and subsequent Work Order execution. Qualified contractors in the pool will remain for a period of one (1) year subject to acceptable performance and continued responsiveness to the District's needs. Subsequent solicitations will maintain the current pool and present the opportunity for additional contractors 3.0 SCOPE OF WORK The Contractor will be required t ruct install and activate various Hydrologic / Meteorological Monitoring Sites as defined by the Work Order Statement of Work and various District standards. Examples of --types of sites are shown in Attachment "A- 1 to 3", Ins mentation to be installed will include b of am bell S ' ntific datalo ers and associated sensors to monitor water level, precipitation water control devices, weather and other measuruncwts related to the envir nt. When required, the contractor will be required to participate to large projects, especially SCADA, and construct a portion or all of the supporting structures for instrumentation supplied by others. All tasks will be performed in an efficient and cost effective manner. OCT-22-2001 MON 01,07 PM P. 16 4.0 GENERAL SPECIFICATIONS AND INFORMATION 4.1 E UIPMENT the equipment required by the Work Order The contractor will purchase, from the appropriate supplier, unless otherwise specified by the Work Order. This includes dataloggers, sensors, communications items and other specialized equipment listed in the specific Woll supply r•contains a copies of the equipment partial listing of equipment currently in use. The contractorpP Y invoices when requesting payment from the District and supply warranty documents and information at "^ the close of the Work Order. 4.2 SITE PLANS AND DRAWINGS Site drawings will be provided by SFWMD staff to indicate locations of equipment, type of construction, elevations and conduit runs. Some designs (Mountings, attachments, etc.) relating to the installations might be required of the contractor and noted in the specific Work Order. Detail drawings of these designs will need to be supplied for approval from other District entities having control or jurisdiction over portions of the project area, especially existing structures. The Project Manager or his designee will obtain all approvals and notify the contractorupdated re the start needed. of work Drawings of District instrumentation standards will be supplied and 4.3 ENCLOSURES ISHELTERS Dataloggers will normally be installed inside dry environmentally sealed enclosures provided. All penetrations must maintain watertight integrity. Enclosures could be mounted inside buildings (Control houses) or at exposed locations in several types of box type aluminum environmental shelters or specifically designed bulletproof shelters. Protection in the form of shelters will also be required for sensors and sensor attachments and will be fully detailed in the individual work order. Shelters will " supplied by the contractor and conform to SFWMD drawings and specifications. Fabrication drawings will be supplied as required. Recorder shelters of equivalent purpose but different design may be used if pre -approved, in writing, by the SFWMD. The alternative recorder shelters will be required to meet specifications provided and the exception will be specified in the WO. At problem sites or where additional protection is clearly needed, fence enclosures or additional vandal protection will be required and clearly specified in the WO. 4.4 WALKWAYS & PLATFORMS Standard construction methods using 2" Dia. galvanized metal pipe legs, driven or pounded, with a pressure treated wood deck as shown in Attachments "B-1" an described shown Win the Installattte drawings andSoOP, Will extent be used and sized as stated in the WO. Bracing shall be ad deddetermined by the site configuration, to create a stable and safe structure able to withstand expected use by District personnel and in some cases the Public. Pipe railings are usually required and will be specified an the WO. For accessibility, woAlternatisteps lve constructioay be tn or design can be useded at the approach end �f functionally the walkways and ladders added to platforms. equivalent and pre -approved, in writing by the SFWMD Project Manager. OCT-22-2001 MON 01:08 PM P, 17 4.5 ON -THE -BANK PIPE FED STILLING WELLS General specifications for pipe fed wells are shown on Attachment "B-3". This type of well is extremely vandal resistant and is normally installed by excavating the canal bank to place the well and saddle the pipe requiring lengthy Dredge and Fill Permits from Environmental Agencies having jurisdiction. To avoid excavating the canal bank and thereby eliminating the need for the permits, alternative methods have been developed, such as hydraulic driven pipe and directional boring, which can be used where conditions permit. A diver is required to cap the inlet pipe after installation. Whatever method is used requires careful placement and compaction of the fill to prevent future sinking and erosion. The WO for this type of site will be specific as to method and permitting. On -the -bank wells may or may not contain a datalogger depending on their use as a stand-alone site or part of a larger installation. 4.6 STAFF GAGES & ELEVATIONS Staff gages will usually be free standing, installed according to Attachment "B-4" and located as shown on the site drawing. The contractor will be required to provide vertical datum elevations, for stage calibration, accurate to 0.01 feet or better, at all sites (Except rainfall), unless otherwise specified. The vertical datum elevations will be run under the direction of a licensed surveyor or a qualified engineer and originate from a SFWMD identified existing Benchmark to the monitoring platform and staff gages. At all stage monitoring, a measuring point (MP) will be established on the top of each stilling well, to facilitate Down -To -Water (DTW) measurements with a steel engineers tape, and will identify the MP elevation relative to Mean Sea Level (MSL). The date established and the person or company name of the surveyor shall be marked on the platform and a copy of the survey notes indicating the elevation source and calculations will be supplied to the SFWMD Project Manager along with the site activation notice. Any elevation transfer of more than 100' shall be run under the direction of, or by, a licensed surveyor and certified notes supplied. Occasionally, the surveying task will be handled by others as directed in the body of the Work Order. 5.0 PROJECT LOCATION & ACCESS TO WORK SITES ".. All sites identified by the individual work orders will be located within the published boundaries of the South Florida Water Management District. Access to sites is determined on a site -by -site basis. District control structures and pump stations will usually be accessible during normal working hours, 5 days per week but can be modified with prior arrangements with the controlling SFWIVID Division. Most other areas will be accessible with the appropriate keys checked out from the District. The project manager will notify the Regional Director of impending work to be done in their specific area. The contractor will contact the Regional Director's office and/or ESDA to obtain specific and current access information and to give notification of exact schedules (date and time). Each WO will include the name, address and phone number of the Regional Director or other controlling entity for the area and/or an alternate contact to coordinate access to specific sites. 6.0 INSPECTIONS When necessary, inspections for compliance will be performed by the Project Manager or his designee - Inspections will definitely be scheduled at the completion of the work requested by a specific WO, however in -progress inspections may be made at any time on a site -by -site basis. Upon notification of site completion, the District has 30 days to collect and review data and performance figures to determine compliance with Work Order specifications. Data will be compared to existing records or manual readings to determine compliance. If compliance requirements are achieved, the installation will be considered complete and the Project Manager will initiate payment approval if the site was a deliverable. An inspection report listing any discrepancies will be provided the contractor within 5 working days and the contractor will have 10 working days to correct the problems to the satisfaction of the Project Manager. More than one re -inspection will be considered a performance problem. OCT-22--2001 MON 01:08 PM W. -7:0 DISTRICT RESPONSIBILITIES At the time of, or before, each contractor's initial Work Order, the ESDA Project Manager will determine the level of expertise of the contractor's key personnel with respect to the District's current datalogger programming and field procedures. If needed, the Project Manager will schedule training before the execution of the first Work Order. The training will cover SFWMD procedures rwill eld operations, required reports and computer operation using District programming. The contractor attend the initial training session with at least 1 operational computer meeting the minimum specifications required by Campbell Scientific's (www.campbellsci.com)PC208W utility program and SFWMD Technicians will install the programs needed for the installation, operation and calibration of the electronic monitoring systems. The training will be offered only once during the life of the contract �r. to each individual contractor and in the event of an approved key personnel change this knowledge should be passed along to the replacement employees. If for any reason a contractor requires and requests additional training they will be billed at a standard technician rate of $40.00 per hour. This does not apply to normal contractual guidance, any upgrades from the original and instructions given by the Project Manager or his technicians. Computer set-ups will be free of charge for all new and replacement units meeting the minimum standards. Program upgrades will be distributed, when available, to all contractors with outstanding Work Orders and all subsequent Work Orders. 8.0 CONTRACTOR RESPONSIBILITIES Key personnel identified in RFP C-11625 and evaluated, shall not be changed or replaced without notification and subsequent approval by the District Project Manager during the life of the contract. The contractor shall identify a liaison for each Work Order to maintain close communication with the Work Order Project Manager or Project Leader. A weekly status report and tentative schedule will be supplied to the District whenever a task is in progress. The Contractor shall abide by all restrictions, limitations or regulations imposed on the area of work, in force or declared by an emergency, by the District of other agencies having jurisdiction. The District Project Manager will inform the contractor of all pertinent restrictions and, in turn, the Contractor will immediately notify the District Project Manager of any unknown restrictions encountered in the field. While on District or private property, during the performance of a Work Order, the Contractor and Sub - Contractors shall use due care and observe all warning, posted speed limits and observe the maximum levee speed of 35 MPH. Any unusual, unsafe or abnormal incidents occurring at or near a work site shall be reported to the Project Manager or the closest SFWMD Field Station. 9.0 PAYMENT Payment options include by site completed, defined deliverables, percentage or progress and will be clearly defined in the Work Order. 10.0 WARRANTY _ The District requires a warranty period of 6 months to cover problems that may not be realized within the first month of operation. This warranty will only cover construction or fabrication work actually performed by the contractor and will not apply to damage beyond normal use caused by abnormal conditions, or instrumentation and equipment supplied by the District. Equipment warranties will be activated and transferred to the District at the conclusion of the work order. -v., OCT-22--2001 MON 01 : 09 PM P. 19 ATTACHMENTS A-1 CANAL SINGLE STAGE MONITORING A-2 SIMPLIFIED STRUCTURE MONITORING COMBINATION GROUND & SURFACE WATER MONITORING B-1 TYPICAL WALKWAY FOR STAGE, FLOW OR WATER QUALITY MONTORING B-2 STAND-ALONE EQUIPMENT INSTALLATION B-3 ON THE BANK, PIPE FED STILLING WELL B-4 TYPICAL STAFF GAGE B-5 DATALOGGER WIRING •-r,. OCT-22-2001 MON 01:10 PM • r.. P. 20 • r., 0 wrMat u>tom swoop wvnwr -...:1 1, r w ord rrc � +w l' I CaMs+MlCaar nrdci /tyl n—se- e ATT C NT "A-V CANAL SIN GLE STAGE MOMTOM azry j x +r c ooaa v/nav-wc r +r %% apwr�m mm" snow Mk rwrr�r a.awttor Klil�� p Ns+aNC1L � M01 M1G aiw m y wr+a+ OF ^III_ �WwcxiMON Mmuw Pip Nam _ +: +wrr� +r votxr�r snw. wrwrt rer Exmm K n� .s +carim m ro�rw+ nt snww rice ory uau++ m emu. w.+ �a. wua. sys +r a ocw+ ro+r oc Rairm rer e� � >ecm m rar ur ►vrt bra+ Mortar or rn� crxem ""'a . '' SOtMI FLORIDA WATER MANAGEMENT DISTRICT w SINGLE STAGE MONITORING 1YPCAL PUN „Pr sr�tw�n.a OCT-22-2001 MON 01:10 PM P. 21 ATTA NT " A-2" SIMPLIFIED STR CTURE MONITORING ELECTRIC PUMPS (2) CONTACTS, CLOSED - RUNNING OPEN - NOT RUNNING PUMP FLOW DIRECTION CANAL ti HEADWATER ti ti %a Slt= LDCM Uf �.. VAXVAT VITN WDIA VILLIK yal- wl wx G' barn WAD" STAGE ENCtlOER MM F1AAT/TAPE GATES (3 ti L1EAR STRNG TYPE TRAMSOVf,ERS ti 'fir ,4 ~ CANAL ti TAILWATER ti �. S SPFCNiC LEMM Or vµxvAr yRH Ir0[A STTLLYFG VEL4 li'X 16-X C MTER CWAINING STACE DCODER WN FI.OA�APE FLOW DIRECTION 1 Pxv. lacm toNourr SM AS N®ED 31e GLv. RIGD CONDUIT 3/4, GALv, RICO CCNOUR vARKKFS TYPES OF SN rm CONTAINING CHID AAO A55O WCO NARDWARE "V HERRNA' SOUTH FLORIDA WATER MANAGEMENT DISTRICT mD DUAL STAGE Wn GATES AND/OR PUMPS ru TYPICAL PLAN A{p`[ OUCPI.DWF ��A I OCT-22-2001 MON 01,10 PM P. 22 ATTACHMENT 11A-3" CO ]NATION GROUND & SURFACE WATER MONITORING ANTENNA AR. (3)18' DIA. MAN -HOLE COVERS 20 X 18 X 8 I EACH FOR PRESSURE SS ENCLOSURE CR10 t POWER TRANSDUCER I 1 t I I I GW3`-------GW2 GWl CONDUIT BOX 1' PVC DETAIL, ADD 2'DIA. PVC WELL FOR WATER QUALITY SENSOR CANAL BANK 12• DIA. \ MP WITH SMALL SHELTER \ 16 X 16 X \ ENCODER/FLL OAT/TAPE I I I I Fi_'_GC_AqLV__C_0N_D_U_IT SOUTH FLORIDA WATER UMAGEMENT DISTRICT ow ■ COMBINATION SITE w Svc 3 - GROUND - I SURFACE WATER c,�... e—,,. n.......— - �a w OC ��2-2001 MON 01:11 PM PI 23 _1.. - C., ATTACHMENT T'B-jt1 TYPICAL WALKffAY OR STAGE3 FLOW OR WATER QUALITY MON a RING 2' r 1 2' % e' FRAME C� j' TIRI SITE SPECIFIC SEE DETAILED DMwuICS FOR ATTACYNG LEGS LfC SACXSET/ 6' TO 12' A/IO FRAME CROSS SECTION NOT CRITICAL 2'OV. CALY. PIPE LEGS ,� slwr mu..oL . snWt Lora . aw .eom WPw N:a .� • ..m. Noa, IYI n.aaw uc. am K..+m anw. r.[v NOTES; 1, 14, WLXWAY Sh m. LENORI Is DETEMY R SEI.pGTNM L�FIIGTH TO UT a ST,'Il LFNOTII LLRz. 2.- WALKWAYS LONGER THAN 14' REOLARE ADOo1ONK lECS. SPAN BETWEEN LEI SETS NOT TO ExCEEA 12'. FOR LONG. MULTWLE FRAME nvnoNLL WALKWAYS. LEI SETS ARE AWED B'Om-M SrILLNG WELL AT THE E110 OF EACH FRAME TO ALUM FA]LLRATE COMSIRULTION. SEE $OP• 1IDIT8XTo -SHELTER ].-� THE 2b1A GALVAAI2ED PIPE l£GS CAN BE ORArEf1 ETITIER MANUALLY OR M'➢RAULr-ALLY. DRNE TO Rfi11SAL. ADDING COUPLW05 AND C"L 17'Dv.. STLLING WELL CASES WI6.itET F%T:%XY DEEP Wb OR SANG IS ENG011NTERED. MI WITH ]]�E 10'% 14' SHELTER NSERTIDN NEEDED TO OBTAN ANOWN. SEE NOTE /9 FOR OTHER OPTIONS THE NECESSARY SEABILRY CAN BE DETERMINED BY A OUAJFIED CONNECTORS ARE 'SPEED RAIL' 2' ALUW" TEE l5 V-V ALL Vow PK IS WALL RIGID GALVANIZED. ALL NAILS SHOULD BE HOT DIPPED CALVANIZEM ALL HARDWARE, INCLUDING THE ALLTtHR �b. IS STAINLESS STEEL IF THE DISTANCE UIETWEEN THE ]/U' WAX LEVEL Alb GRWHO LEVEL BAND EXCEEDS B'. A LOWER SNLNG WELL BRAU ES RECOMMENDED. THE DIAMETER r MATERIAL OF THE STXINC WELL THE SIZE OF THE ALUMINUM SHELTER ARE SITE SPEGFI THE LARGE SHELTER HOUSES A STAG 2� SENSOR r A WA 040MA SMALLER 1e x 16 % 10 SMELTER N0U5Ei A OUC STAGE SENSOR ONLY. . c 4.- S.- e.- T.- ALLTHIREAD e. S SECURING ST411IG WELL 9.- 6' PT BRACES SOUTH FLORIDA WATER MANAGEMENT DISTRICT WALKWAY CONSTRUCTION WOOOEN W" WITH PIPE LEGS AND RAILING 5HT 1 OF Z OCT-22-2001 MON 01:11 PM P. 24 ATTACIIlV t " -2" STAND ALONE E UiPMENT INSTALLATION rs rw. /w'rt w S SYi U M rr M �iw �Me I� �e 1rwn1 S�� u ..�wrwK wr^ rrw+ • r .r.rrr . w r.�w. w.u.w^rrr r�rA ^!1, yr�wrww..r�rrrr.w. yJ 4SO IMM.�r/. d•tlwr/r<r'r'� ww. ■... r ..rr� r� r wawa rs . r�.e .r rw, � ■ try rIR Is Yra.� 1�Y-ww Ur�•�rVwSr.. nr w.Y uw�r-r rwr. rS wn to w..�� iVlf lr M yL � 4 W •.SMY1Y W .411 q N.l 1Uw�WwN w� S 11Yw IIM rSlr - YI-/ • CIr�I'} M�F[ w Ss f .S-. �L.w Sa ra T- 7 �Ir ra ti(1ww-a ui v I��Ir rr S wt � ru M JW0.1fF r r .% ti m.11R rrrS L.'y FIA�y/A.r�h_� eY- • t yr r<�m-Ml r w*r• Ywy 1C tl+Iwi Lw7 OCT--22-2001 MON 01 : 11 PM P. 25 ATTACHMENT "B: ONTHE BANK PIPE FED STILLING WELL r., tr, OCT-22-2001 MON 01:12 PM P. 26 r, �elf, 1.u.L7.tiu- STAFF GKZ SECTIONS AS MCaWKi rCR SITE STII SS PRILL7S PAN HEAD WWII SCPLWS w MK THAN r APARr YCRTICALLr WATER W NO A PONT �.• R 6 ORKK INTO BOTTOM TO PRENfx ROTATION fAOMMO 75 FRONT VIEW ATTACHMENT "B-14" TYPICAL STAFF GAGE 11% f' PT BOARD 2*x C Pr IIONIO Y GALV. 1-HOLE aNFS " WA fia. PIPE JiNpl TO ADVSAL DOING LENCIHS AS IfEOtD )E VIEw I,- HEIGHT DETERMINED BY FLOOD STAGE OR SHOULD MATCH STAGE RECORDER PLATFORM ELEVATION 2- GAGE SECTIONS SHOULD BE AS LOW OR LOWER THAN MEAN LOW WATER IF POSSIBLE. 3. IN ROCK AREAS. DNCONAL BRACING WITH PIPE DR 2' K 6' WOOD MIGHT BE REQUIRED TO OBTAIN SUFFICIENT STABILITY 4.- NO BRACINO OR CONNECTION WILL BE MADE TO WALKWAYS OR STRUCTURES UNLESS APPROVED BY A DISTRICT ENGINEER. S.- ALL HARDWARE TO BE STAINLESS STEEL UNLESS NOTED OTHERWISE SOUTH FLORMA WATER NANAgEIdENT DISPRICT .. �� FREESTANDING STAFF GAGE wu CONSTRUCTION - nAr AF�� OCT-22-2001 MON 01:12 PM P. 27 ATTACHMENT "B-5" DATALOGGER WIRING ,;t-.. Cr. OCT-22--2001 MON 01:13 PM r.. ATTACHMENT " C ? PARTIAL LIST OF EQUIPMENT CURRENTLY IN USE 1. Datalogger: Model CR10X-2M Measurement and Control Module Campbell Scientific, Inc. (CSI) 815w 180ON Logan Utah 84321-1784 801-753-2342 Peripherals: ENC 12/14, Environmental enclosure SM4M, Storage Module w/bracket Power: Solar Panel, Solarex 1-MSX-18 w/mounting bracket SRX-6112 Regulator Atlantic Solar Products, Inc. PO Box 70060 Baltimore, MD 21237 (410)686-2500 and 40 A/H Gel-Ccll Battery, Power Sonic or Equiv. Misc: Liquidtight Bushings (For Environmental enclosure) Thomas & Betts #2671 w/nuts Any electrical supply. 2. Water Level (stage): Encoders: Model 436B-2 Incremental Encoder w/SDI Handar 1288 Reamwood Sunnyvale, CA 94089 800-955-7367 Model SE-105S Incremental encoder w/SDI JGS Enterprises, Inc. Div. of Enviro-Systems 901 W. Mountain Rd. Glendale CA. 91202 OCT-22-2001 MON 01:13 PM P. 29 Float/Tape Accessories: Pulley: I foot Circumference. IlaulaLcg, 0.2' pins Rankine Manufacturing 143 Levy Rd. Atlantic Beach, FL 32233 904-247-7252 Tape System: Marked & Perforated (0.2' holes) tape, end hooks, weights & tape indicator. R.A.Lithchenhouse & Associates PO Box 23611 Jacksonville, FL 32241 800-942-1592 REP: Tom Baber 561-694-6677 Float: 6" Dia. Plastic float, weighted Moore Plastic 330 Melrose Place PO Box 6707 San Antonio, TX 78209 3. Sampler Streamline Portable Sampler 800SL America Sigma, Inc. 1 Elizabeth St. PO Box 300 Middleport, N.Y. 14105 -0300 (716)735-3616 OCT-22-2001 MON 01:13 PM P, 30 EXHIBIT "H" INSURANCE REQUIREMENTS In accordance with Article 5 of this CONTRACT, the information listed in this Exhibit OHM defines the various types and limits of insurance the CONTRACTING PARTY is required to maintain during performance of work identified under the applicable Statement of Work for the term of this CONTRACT. -includod-aa-an-Addiffiog excludingn And- orofessimal IlabillILL-IftlT ahall alsgif I certificates of nsuraanc% The general liability, automobile liability and all other coverages, as appropriate, shall be no more restrictive than the latest editions of the Insurance Services Office (ISO). Each line of coverage and specific endorsements are the types of insurance required. The minimum limit of insurance required is also identified. The limit is "per occurrence`, combined single limit for _ personal injury, bodily injury and property damage. The DISTRICT may require a separate project aggregate depending on the type of work being performed. The applicable Contract Number and designated Contract Administrator identified on the cover page of this CONTRACT shall also be specified on the Certificate. GENERAL LIABILITY $300,000 SFWMD Additional Insured COMPREHENSIVE FORM PREMISES/OPERATIONS PRODUCTS/COMPLETED CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY PERSONAL INJURY OCCURRENCE FORM AUTOMOBILE LIABILITY $300,000 SFWMD Additional Insured ANY AUTO WORKERS COMPENSATION AND EMPLOYERS LIABILITY Coverage: Statutory Limit: $100,000 each accident $500,000 disease policy limit $100,000 disease -each employee PROFESSIONAL LIABILITY • n. $500,000 OCT-22-2001 MON 01:14 PM P. 31 r., m W -4 m M 0 n T� �r- 1N�•� .v • itr w • r �`rT�i '.A r. �•w x yr 0 T m I�^AI Z C) C) m � m m 0 m m A 0 0 b m 22 0 m Z v_ 2 C� r m d 0 Z a° m rTr.r� n4 m 0 C7 z 0 m m 0 0 z 0 C V/ in mC �r N n� �v z w m T 0 OCT_22--2001 MON 01:15 PM 0 r.• � i a 1; P. 32 © y o rn m o � a a m v�i O a_ z O m a � rn rn Z Iy C O g � »a y m M 2 m 1z rn p n O a N �^ m v r � rm .�'�'Y/• Y.T I. �� �'i51L'•'.11 OCT-22-2001 MON 01:16 PM P. 33 WORK ORDER NO. Contractor: AMJ Equipment Corporation In accordance with our Contract No. C-12520 dated ,2001 , the South Florida Water Management District hereby authorizes , to perform the services as set forth in the Exhibit "C", Statement of Work and as specified in the attached mutually agreed to Work Order No. 03-A1, hereby incorporated by reference and attached hereto, for the Not -To -Exceed amount as set forth _ 1. Specific work to be performed: (check here if Statement of Work is attached) X 2. ayment shall be made upgn completion and acceptance of all tasks. 3. Start Date: r., APPROVED BY DISTRICT: 4. Completion Date: FUNDING AMOUNT: Not to Exceed $ Project Manager Date ACCEPTED BY CONTRACTOR: For District use only: GXXXX-WOO,_ -, Rx Na Vendor No. Encumbered: r., Contract Specialist Equity In Contracting Date Contract Specialist (Date Date Exhibit "I", Page 1 of 1, Contract No. C-12520 OCT-22-2001 MON 01:16 PM P. 34 G 7� r- f I O v C ;x �t E � WEl ti � L a C 0 0 C Z Cl W C C G h•- Q v CL t G 0 U. 7 0 CL �n a C A a G. Q mommoff F. ommom to Z w a - Z fq wa. W ,D `�� ~� mAw -� o� 3m ur �'tos wQ w � CD E o a� .G7 LD N T O 4. � Q 0 �y G 7 cr � d a� � 3 r U OR 7 47 dl c c �E a ° " m z W LU L a a �0 d ii a C C► ZE a C 3 O CL V g G W Q Q W cc W it W 2 W N rZ W a LU a J a Q a CL N'1 O H Z_ g x 0 Z W U 0 a 0 z 0 CL a N d 4 OCT-22-2001 MON 01:17 PM P. 35 rr, 44. :? E N . } ir A - ed E E t �.' 3 a _ E E x Q C La 7 mF t' acc o u E O L) EL i H 41 '� M CD 4 m a E E t_�V,vro F" y C CL c E J § :5 7 Q 2 a —Cl. d O S T a. m F .N � m 2 Z G� 5 gj N Cl m (u O [mi o O O O � 60 c j - G to 0 E to o m E � G1 a• y r`. c0 w ii O ;' . m o V y N G t: 4 C o to h Q a ° m � H vi (fl (p (A r y3 j S 4) 4) Z �[ 0. y Q � w F c to m es_ a wi �! cn z m 5� ul m n '� �' �' m r ¢ �� X N LU y m a w as ci ' rr 0 w 0040 cc aar 7w W w U aS° CA Q Lo tfl��� W URE E d d d LU N ao m ° m O ° m m v) m f lu Q m o� D o$ E a> m W IEoo a a'� �� �� ��� N s� a �o -Sz H �o� W �o C7 N z � ui �o �,a 9i tom w Z W U. �U. , m �O ro`°Hc a �.._ �ooa x z y� ago ap-0ym Z E"'` SUS a` A�=O 4 `� CL z �� N to�U-j m r ��- �n ¢ O (n �4 O m z m D ...1 c p `m N m W NIPa p ° I Oa10,- ,, m Q�C7 � C-12523 Services STANDARD RATE SCHDEDULE Exhibit "L" Note: Labor fees listed in the table are inclusive of all hours, overhead, fringe benefits and profit. Travel and other direct costs will be included in the price for each Work Order using the unit pricing specified below without additional mark-up and are subject to the mandates of Chapter 112 of the Florida Statutes. PERSONNEL: (hourly rate) Sr. Engineer: $55.00 Engineer I: $46.00 Project Manager: $75.00 Construction Manager: $59.00 Field Technician: $38.00 Field Worker: $30.00 CONTRACTOR EQUIPMENT (daily rate) Hydraulic pipe driver: $75.00 Generators: $50.00 Conduit tools: $25.00 Power auger: $350.00 OTHER EQUIPMENT (daily rate) Computers: $50.00 GPS: $40.00 *PRICES WILL BE NEGOIATIATED ON A WORK ORDER BASIS Trenchers -- Light and HD for rock Backhoes Bucket truck Surveying Services Large Open Water Boat Swamp buggys Airboats Helicopter Contract No. C-12523, Exhibit "L", Page 1 of 1