HomeMy WebLinkAboutItem 04 Approval to Reject all Proposals for RFP #20-001 Laboratory Services for City Water and Wastewater Facilities ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: March 17, 2020
Item #:
Joyce Tolbert/Vanessa Reviewed By:
Contact Name: Anthony Department Director: Reb=; ;'.,,7 ;
Contact Number: 1516 City Manager: Ro' ;1Pr41r:4"
Subject: Reject all proposals for RFP #20-001 Laboratory Services for City Water and
Wastewater Facilities
Background Summary:
The City initially intended to award contracts for the Laboratory Services for City Water and Wastewater
Facilities at the February 18, 2020 City Commission Meeting. The RFP was publicly advertised on
January 5, 2020, and opened on January 28, 2020. There was a total of five (5) proposals received
from Advanced Environmental Laboratories, Inc., Florida Spectrum Environmental Services, Inc.,
Flowers Chemical Laboratories, Inc., Pace Analytical Services, Inc., and Tri-Tech Labs, Inc. The City
received a letter of protest from Florida Spectrum Environmental Services, Inc., and the City's response
is attached. After further review by the Utilities and Finance Departments, and per the advice of the
City Attorney, staff recommends rejecting all proposals based on inconsistencies in the scope of
services and what was submitted by the individual Respondents, per the attached recommendation by
Utilities Director. Staff considers it to be in the best interest of the city to re-solicit these services with a
revised scope of services as an Invitation to Bid (ITB) rather than a Request for Proposals (RFP).
Issue:
Should the City Commission reject all proposals for Laboratory Services for City Water and
Wastewater Facilities?
Recommendations:
Staff recommends that the City Commission reject all proposals for RFP #20-001 Laboratory Services
for City Water and Wastewater Facilities. Staff intends to revise the scope of services and re-solicit
these services as an Invitation to Bid.
Attachments:
1. Rejection Recommendation from Utilities Director
2. Bid Protest from Florida Spectrum
3. City's response to Bid Protest
4. RFP #20-001 Laboratory Services for City Water and Wastewater Facilities
Financial Impact:
None
Type of Item: (please mark with an "x")
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading Consent Agenda
❑ Ordinance Second Reading ❑ Public Hearing
❑ Resolution ❑ Regular Agenda
❑ Commission Approval
❑ Discussion& Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
2
Mayor Commissioners
Rusty Johnson \ 1 Larry Brinson,Sr., District 1
Rosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert Frank O c o e e George Oliver Ill, District 4
florido
MEMORANDUM
TO: Joyce Tolbert
FROM: Charles Smith P.E.,Utilities Director
DATE: March 6,2020
RE: RFP#20-001 Laboratory Services for City Water and Wastewater Facilities
The Utilities Department is recommending the rejection of all proposals for the Laboratory Services RFP
for City Water and Wastewater Facilities.The rejection is based on inconsistencies in the scope of service
and what was submitted by the individual bidders.
City of Ocoee Utilities• 1800 A.D. Mims Road•Ocoee, Florida 34761
Phone: (407) 905-3159 •www.ocoee.org/utilities
BEFORE THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA
FLORIDA-SPECTRUM ENVIRONMENTAL
SERVICES, INC.
Petitioner
VS. Case No:
CITY OF OCOEE
Respondent
/
FORMAL WRITTEN PROTEST AND PETITION FOR ADMINISTRATIVE
HEARING TO CHALLENGE BID PROCESS
The Petitioner requests a hearing pursuant to the local rules of the City of Ocoee and
further alleges the following information:
1) The agency involved in this dispute is the City of Ocoee. The file number for this case
is unknown but the RFP is 20-001 and it involves a bid selection by the City of Ocoee for a
laboratory to perform laboratory services for the City's Water and Wastewater facilities.
2) The name of the Petitioner is Florida-Spectrum Environmental Services, Inc. Its
address is 1460 W. McNab Road, Fort Lauderdale, Fl. 33309. The telephone number of the
Petitioner is 954-978-6400. The Petitioner's representative in this matter is the undersigned
attorney whose information appears at the bottom of this petition.
3) The City has evaluated the bid proposals in a manner that does not comport with the
requirements of law and does not accurately reflect the facts submitted by the bidders. The City
also failed to disqualify or at least mark down some bidders who failed to submit all of the
information required in the RFP.
4) The Petitioner is a laboratory that performs chemical analyses. The Petitioner's substantial
interests will be affected by the City's determination because if Petitioner is unfairly and
inaccurately evaluated, it will lose remunerative work. This will directly affect Petitioner's
ability to earn a living.
5) The Petitioner received notice of the agency's proposed action via Demandstar on February
12, 2020.
6) There were five bidders for the contract. The City of Ocoee rated the top three bidders as Tri-
Tech (#1) and Flowers (#2.) and Pace (#3.)
7) However, the City did not follow its own protocols, either through a misunderstanding of what
the various bidders had submitted or for other unknown reasons. To wit:
a) In the category of pricing, the Petitioner had a lower unit cost for its services than Tri-Tech or
Flowers., the top two bidders. However, despite the fact that Petitioner had lower prices than
either of these labs, both Tri-Tech and Flowers were given vastly higher scores on the City's
evaluation. Evaluator #1 gave Tri-Tech a score of 20 and gave Flowers a score of 19. Petitioner
was given a score of only 5, even though Petitioner's prices were less than Tri-Tech and
Flowers' prices. Evaluator #2 gave Flowers a score of 20 and Tri-Tech a score of 19. However,
Petitioner was given a score of 8. Evaluator #3 gave Flowers a 20 and Tri-Tech an 18, but
Petitioner received only a 7. Had Petitioner been correctly scored, the final results would
have been different.
b) In the category of experience, Petitioner has had 46 years in business, Tri-Tech (the top
bidder) has had only 8 years in business. Pace has had 41 years in business and Flowers has had
63 years in business. The numbers show that Petitioner is the company with the second most
years of experience in the business and that Petitioner has more than 5x the experience as the top
bidder, Tri-Tech. Despite this, Petitioner received lower scores on experience than Pace and Tri-
Tech. Evaluators #1 and #3 gave Tri-Tech and Pace a 35 score but only gave Petitioner a 30.
Evaluator#2 gave Pace and Tri-Tech a 35 score while only scoring Petitioner as a 29.
c) In the category of"Project Staff', Petitioner submitted complete information, as did Flowers
and Pace. However, top scorer, Tri-Tech did not fill this part of the application out and left it
blank. Therefore, it is mystifying as to how, despite having submitted no information in this
category, Evaluator #3 gave Tri-Tech a 10 but only gave Petitioner a 7. Evaluator #2 gave Tri-
Tech a 10 while scoring Petitioner as a 9.
d) In the category "Project equipment/in-House testing", Petitioner and Flowers and Pace all
submitted complete information. However, Tri-Tech only listed Field Equipment and therefore,
had an incomplete response to the requested information. Despite this omission, Evaluator # 2
gave Tri-Tech a 20 while only scoring Petitioner as a 10. Evaluator#3 gave Tri-Tech an 18 while
only giving Petitioner a 14.
e) On the category of location, Evaluator#1 gave Tri-Tech a 10, gave Flowers a 7, gave Pace a 3
and gave Petitioner a 0. Apparently, the evaluator was unaware that Petitioner has a laboratory in
Lakeland, Florida, only 50+ miles from Ocoee and 20+ miles closer to Ocoee than Pace's
laboratory. If Pace got a 3, then Petitioner should have logically gotten a 4 or 5. While Tri-Tech
is indeed closer to Ocoee than Petitioner, Tri-Tech, (according to Google Maps), is a 20-minute
drive while Petitioner is a 1 hour drive. This means that Petitioner should have gotten a score that
reflects its proximity to the City in relation to the other laboratories.
f) In the category of M/WBE certification, Tri-Tech and Flowers did not supply any information
at all upon which to grade this category. Pace submitted an answer reflecting that they do not
have this certification. Only Petitioner submitted complete information about its certification.
Despite the missing information, Evaluator #1 gave the 3 top bidders points, including Pace
which stated on its application that it did not even have certification. Evaluators #2 and gave all 4
labs a 5, including Pace! How a rating could even be made without any information being
submitted is incomprehensible.
g) Analyzing the data and information submitted by the 3 top bidders, it shows that a great deal
of information is missing. An incomplete application does not meet the requirements of the RFP
and should have been disqualifying.
8) Both Tri-Tech and Flowers' applications were missing a great deal of the information
requested by the RFP. Despite a lack of information in some key categories, the City made
assumptions about qualifications and fitness that could not be made based on the submissions
made. To wit:
a) Tri-Tech:
Section 1 - Company Information
• Firm's history, number of years in business, etc. - No information submitted on
firm's history, etc.,just number of years in business on the required bid forms.
• List of all firm's key staff, their qualifications, and their role for this contract,
provide resumes of key staff. - No information submitted for this requirement
• Firm and employee certifications and registrations with regulatory agencies,
professional organizations, etc., including a NELAP certification through FL Dept
of Health. - Only submitted the NELAP CERT., Missing the Analyte Sheet.
• Firm's sub-contractors, their qualifications, and their role in providing services. - Only
lists the subcontractors company name, address, FEID#. No notation of what is being
subcontracted to them and did not submit any information required on the
subcontractor, missing NELAP CERT. &Analyte Sheet.
• List and quantity of firm's (and firm's sub-contractors' if applicable) type and
quantity of equipment/In-House Testing to be used for this contract, see Sections
22 and 23. - Only list their field equipment, no reference or notation of their
subcontract labs information.
13. DRUG-FREE WORKPLACE:
Provide a statement concerning the Proposer's status as a Drug-Free Work
Place or evidence of an implemented drug-free workplace program. - Missing
information on Drug-Free Workplace, no statement made as required in the bid.
4. At least a 90% acceptable rating on each of the last three (3) Discharge Monitoring
Report-Quality Assurance (DMR-QA) Studies or Proficiency Tests. (determined by the
total number of acceptable analytes/total number of analytes). Copies of the three most
recent DMR-QA Proficiency Test reports must be submitted with the proposal. ,.,No PTs were
submitted. Missing information.
5. "In Compliance" rating on the most recent FDOH laboratory inspection. ,..No NELAP Audit
was submitted. Missing information.
b) FLOWERS:
Section 1 - Company Information
• Firm and employee certifications and registrations with regulatory agencies,
professional organizations, etc., including a NELAP certification through FL Dept
of Health. - Only submitted the NELAP CERT., Missing the Analyte Sheet.
• Firm's sub-contractors, their qualifications, and their role in providing services. - Only
lists the subcontractors company name, address, FEID# and analytes to be
subcontracted. Missing Subcontractors NELAP CERT. &Analyte Sheet.
• List and quantity of firm's (and firm's sub-contractors' if applicable) type and
quantity of equipment/In-House Testing to be used for this contract, see Sections
22 and 23. - Listed all equipment,no reference or notation of their subcontract labs
information.
13. DRUG-FREE WORKPLACE:
Provide a statement concerning the Proposer's status as a Drug-Free Work
Place or evidence of an implemented drug-free workplace program. - Missing
information on Drug-Free Workplace, no statement made as required in the bid.
4. At least a 90% acceptable rating on each of the last three (3) Discharge Monitoring
Report-Quality Assurance (DMR-QA) Studies or Proficiency Tests. (determined by the
total number of acceptable analytes/total number of analytes). Copies of the three most
recent DMR-QA Proficiency Test reports must be submitted with the proposal. —No PTs were
submitted. Missing information. (They mentioned in the letter it is included, but not on the
electronic file the City has.)
5. "In Compliance" rating on the most recent FDOH laboratory inspection. ,.,No NELAP Audit
was submitted. Missing information. (They mentioned in the letter it is included, but not
on the electronic file the City sent us).
9) Florida law requires that contracts must be awarded to the "lowest responsible bidder." The
term `responsible' has been judicially defined to include such factors as "... degree of experience
... reputation for performance ... outstanding obligations ... integrity ... as well as other matters
which might influence the ability to perform the contract ... Liberty County v Baxter's Asphalt &
Concrete, Inc. 421 So. 2d 505, 507 (Fla. 1982).
10) In other words, if a bidder has the lowest price and is also a"responsible"bidder, as defined
by Florida law, then the City is abusing its discretion to award the contract to another bidder.
11) Although counties around Florida have different local laws delineating their bid processes,
they all must still comply with state law.
12) Petitioner is not only a responsible bidder, as defined by Florida law, but also objectively has
more experience than all but one of its competitors and has an excellent reputation for accuracy
and turn-around time. When this is coupled with the fact that Petitioner's prices were lower than
the two companies ranked 1 and 2, it is clear that the City did not follow the requirements of law
and made obvious mistakes on its scoring sheets.
13) The City of Ocoee somehow allowed unknown factors to override the fact that
Petitioner clearly was a responsible bidder, as defined by law, whose pricing was lower than the
top two winning bidders' prices. State law forbids decisions on bids to be conducted in this
manner. Using unknown criteria to override a lower bid not only violates state law, but also
Petitioner's constitutional rights of due process and fundamental fairness. Petitioner has no way
to know how its laboratory was evaluated because the numbers assigned do not comport with the
facts.
13) Section 287.057 (17), F.S. requires that each agency "must avoid, neutralize, or
mitigate significant potential organizational conflicts of interest before a contract is awarded."
Under 287.057 (17) (b) 1, Fla. Stats., the contract may not proceed if a vendor has gained an
unfair competitive advantage. A prior relationship cannot play any part in the award of contracts.
Therefore, state law requires a quantifiable and objective ranking system to insure transparency
at every step and to eliminate bias, guesswork, favoritism, or hometown advantage. In this case,
mistakes were made and protocols were not followed. The process therefore did not conform to
the requirements of law.
WHEREFORE, the Petitioner seeks the following relief:
a) That if this matter cannot be resolved amicably between the parties, that it be referred
to the Division of Administrative Hearings or other neutral mediator for a hearing on all
unresolved issues and that an order be entered reversing the decision of the City so as to award
the contract to Petitioner.
Randall Denker
Randall Denker#273082
Denker Law Office
552 East Georgia Street
Tallahassee, Fl. 32303
(850) 893-6753
on behalf of Florida-Spectrum Environmental Labs, Inc.
Mayor Commissioners
4.04r
Rusty Johnson Larry Brinson,Sr, District 1
Rosemary Wilsen,District 2
City Manager Richard Firstner, District 3
Ocoee Robert Frank George Oliver Ill, District 4
Florida
February 21, 2020
VIA FEDERAL EXPRESS AND E-MAIL
Randall Denker,Esq.
Denker Law Office
552 East Georgia Street
Tallahassee, FL 32303
RE: Bid Protest
City of Ocoee RFP#20-001
Laboratory Services for City Water and Wastewater Facilities
Dear Mr. Denker:
This letter is sent in response to the Formal Written Protest and Petition for Administrative
Hearing to Challenge Bid Process("Bid Protest")which you submitted to the City of Ocoee on
behalf of Florida-Spectrum Environmental Services, Inc. ("Florida Spectrum")with respect to the
above-referenced solicitation. After consideration of the issues raised in the Bid Protest and a
further review of the several Respondents' submissions,the City recognizes that the evaluators may
not have considered properly all information contained in the several Respondents' submissions.
Accordingly, although the City does not agree with all points raised in the Bid Protest, the City is
retracting its staff recommendation and intent to award the contract to Tri-Tech Labs, Inc. as the
primary firm and to Flowers Chemical Laboratories, Inc. and Pace Analytical Services, Inc. as
secondary firms. The RFP Evaluation Committee will re-evaluate each of the Respondents'
submissions,based upon a closer review of the information contained therein,and provide a new
ranking based upon that re-evaluation. The City anticipates that this process will be concluded on
or before March 17,2020.
Given the City's decision to re-evaluate the Respondents' submissions,Florida Spectrum's
request for an Administrative Hearing is hereby denied as moot.
Sincerely,
VaYlkAeg_,krdj1171—
Vanessa Anthony
Purchasing Technician
cc: Scott Cookson,City Attorney
Robert Frank,City Manager
Craig Shaddrix,Assistant City Manager
Joyce Tolbert,Procurement Manager
Rebecca Roberts,Director of Finance
Charles Smith,Utilities Director
Tri-Tech Labs,Inc.(via e-mail)
Pace Analytical Services,Inc.(via e-mail)
Flowers Chemical Laboratories,Inc.(via e-mail)
Advanced Environmental Laboratories,Inc.(via e-mail)
City of Ocoee• 150 North Lakeshore Drive•Ocoee, Florida 34761
phone: (407) 905-3100•fax: (407) 905-3167•www.ocoee.org
Mayor Commissioners
Rusty Johnson Larry Brinson Sr., District 1
40411PRosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert Frank George Oliver III, District 4
ff �}t
florid o
CITY OF OCOEE
REQUEST FOR PROPOSALS
RFP #20-001
LABORATORY SERVICES FOR CITY
WATER & WASTEWATER FACILITIES
TABLE OF CONTENTS
RFP #20-001
LABORATORY SERVICES FOR CITY WATER &WASTEWATER FACILITIES
RFP DOCUMENTS
Section Page
Legal Advertisement 3
Proposal Instructions 4 - 7
General Terms & Conditions 8 - 22
Summary of Litigation*, p. 19
Acknowledgement of Addenda*, p.19
List of Subcontractors*, p. 19
Equipment Listing*, p. 20
References/Experience*, p. 20
SCOPE OF WORK, PROPOSAL FORM, AND PROPOSED CONTRACT
Section Page
Exhibit A— Scope of Work 23—30
Exhibit B — Location Maps (2 pages) 31
Exhibit C— Proposal Form* 32
Exhibit D— FDEP Domestic WW Facilities Permit (22 pages) 33
Conflict of Interest Form*, p.34
Company Information and Signature Sheet*, p. 35
Exhibit E— Proposed Agreement 36-42
*Submit with Proposal
End Table of Contents
RFP20-001_Laboratory_Services 2
Request for Proposals, Legal Advertisement
The City of Ocoee, Florida (City) is soliciting sealed proposals for RFP #20-001 Laboratory
Services for City Water & Wastewater Facilities. Proposals will be received at the office of
Vanessa Anthony, Purchasing Technician, Finance Department/Purchasing, Second Floor, 150
North Lakeshore Drive, Ocoee, Florida 34761 until 2:00 pm, local time, on January 28, 2020.
Proposals received after that time will not be accepted under any circumstances. Sealed
proposals that have been timely received will be publicly opened and the names of the
responding firms read aloud at that time. No Pre-proposal Conference is scheduled at this time.
Prospective respondents may secure a copy of the documents required for submitting a proposal
through Demandstar by accessing the City's website at http://www.ocoee.org under the "Living
&Working Section". Partial sets of the documents required for submitting a proposal will not be
issued. By using Demandstar, prospective respondents will be provided with all information
regarding this RFP and addenda and changes to the project requirements. Membership with
Demandstar is not required to submit a proposal; fees may apply for non-members. Persons may
inspect the documents required for submitting a proposal at the Ocoee City Hall City Clerk's
Office, 150 N. Lakeshore Drive, Ocoee, FL 34761. Persons inspecting the documents at the City
Clerk's office that request copies will be required to pay a fee, as prescribed by statute. Melanie
Sibbitt, City Clerk, Orlando Sentinel, January 5, 2020.
RFP20-001_Laboratory_Services 3
CITY OF OCOEE
REQUEST FOR PROPOSALS (RFP) #20-001
LABORATORY SERVICES FOR CITY WATER &WASTEWATER FACILITIES
A. Sealed proposals for RFP #20-001 will be received by the City of Ocoee, hereinafter
called "City," from any person, firm, corporation, or agency, hereinafter called
"Respondent" or "Proposer" or "Bidder", submitting a proposal for the services being
solicited. Each Respondent shall furnish the information required on the proposal form
supplied and each accompanying sheet thereof on which an entry is made. Proposals
submitted on any other format shall be disqualified. Proposals must be typewritten or
handwritten using ink; do not use pencil. Proposal documents must be submitted under
the signature of a legally responsible representative, officer, or employee and should be
properly witnessed and attested. All proposals should also include the name and
business address of any person, firm, or corporation interested in the proposal, either as
a principal, member of the firm, or general partner. If the Respondent is a corporation,
the proposal should include the name and business address of each officer, director,
and holder of 10% or more of the stock of such corporation.
B. Any questions or concerns regarding this RFP should be addressed in writing to the
Finance Department/Purchasing, City of Ocoee, FL, Attention: Vanessa Anthony,
Purchasing Technician (407) 905-3100, extension 1513 and email
vanthony(a�ci.ocoee.fl.us, and must be received not later than January 21, 2020, at 2:00
p.m. in order to receive an answer. Any clarifications/changes will be only through
written addenda issued by the Purchasing Agent. Respondents should not contact City
staff, with the exception of the Purchasing Agent, or other City consultants for
information regarding this RFP before the proposal award date. Any contact with any
other member of the City Staff, City Commission, or its agents during the solicitation,
award, and protest period may be grounds for disqualification.
C. Proposals must describe the qualifications of the firm planning to provide services. The
proposal shall be presented as one (1) original paper and one (1) complete
electronic copy in a single pdf file on a USB flash drive. The entire proposal
package shall be received by the Finance Department/Purchasing not later than 2:00
P.M., local time, on January 28, 2020. Proposals received by the Finance
Department/Purchasing after the time and date specified will not be considered, but will
be returned unopened. "Postage Due" items will not be accepted. Proposals or any
information transmitted by fax or e-mail will not be accepted. Proposals shall be
delivered in a single sealed envelope/package, clearly marked with the RFP number,
title, and closing date and time, to:
City of Ocoee Finance Department/Purchasing
Attention: Vanessa Anthony, Purchasing Technician
150 N. Lakeshore Drive
Ocoee, FL 34761-2258
D. Pre-Proposal Conference: None is scheduled at this time.
E. Proposals will be reviewed by an evaluation committee appointed by the City Manager
and will be ranked in accordance with the established evaluation criteria. Date, time,
and location of any scheduled evaluation committee meeting(s) for this RFP will be
RFP20-001_Laboratory_Services 4
noticed publicly and on Demandstar. The evaluation committee shall supply a ranked list
of the proposing firms and a recommendation regarding which firm should be awarded
the term contract by the City Commission. The City Commission's decision to endorse or
modify the ranking by staff shall be final. Please be aware that all City Commission
meetings are duly noticed public meetings and that all documents submitted to the City
as a part of a proposal constitute public records under Florida law.
F. All Proposers shall thoroughly examine and become familiar with this RFP
package and carefully note the items specifically required for submission of a
complete proposal.
G. Submission of a proposal shall constitute an acknowledgment that the
Proposer has complied with the instructions of this RFP. The failure or
neglect of a Proposer to receive or examine a document shall in no way relieve it
from any obligations under its proposal or the contract. No claim for additional
compensation will be allowed based upon a lack of knowledge or understanding
of any of the Contract Documents or the scope of services. Proposals shall be in
compliance with the contract documents/scope of services. All costs to prepare
and submit proposals shall be the responsibility of the Proposer and the
City shall make no reimbursement of any kind.
H. Any response by the City to a request for information or correction will be made
in the form of a written addendum, which will be mailed, e-mailed, or faxed by
Demandstar to all parties to whom the RFP package have been issued. It shall
be the responsibility of each Proposer to obtain a copy of all issued Addenda.
The City reserves the right to issue Addenda concerning the date and time when
proposal acceptance shall close at any time up to the date and time set for
proposal closing. In this case, proposals that have been received by the City
prior to such an addendum being issued will be returned to the Proposer, if
requested, unopened. In case any Proposer fails to acknowledge receipt of
any such Addendum in the space provided in the RFP documents, its
proposal will nevertheless be construed as though the Addendum had
been received and acknowledged. Submission of a proposal will constitute
acknowledgment of the receipt of the RFP Documents and all Addenda.
Only interpretations or corrections provided by written Addenda shall be binding
on the City. Proposers are cautioned that any other source by which a Proposer
receives information concerning, explaining, or interpreting the RFP Documents
shall not bind the City.
I. Any of the following causes may be considered sufficient for the disqualification
and rejection of a proposal:
a) Submission of more than one (1) proposal for the same work by an
individual, firm, partnership, or corporation under the same or different
name. For purposes of this subparagraph, firms, partnerships, or
corporations under common control may be considered to be the same
entity;
b) Evidence of collusion between or among the Proposers;
RFP20-001_Laboratory_Services 5
c) Being in arrears on any existing contracts with the City or in litigation with
the City, or having defaulted on a previous contract with the City;
d) Poor, defective, or otherwise unsatisfactory performance of work for the City
or any other party on prior projects that, in the City's judgment and sole
discretion, raises doubts as to the Proposer's ability to properly perform the
services; or
e) Any other cause that, in the City's judgement and sole discretion, is sufficient to
justify disqualification of Proposer or the rejection of its proposal.
J. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). 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 proposal on an award to provide any goods
or services to a public entity, may not submit a proposal on an award with a
public entity for the construction or repair of a public building or public work, may
not submit proposals on leases of real property to a public entity, may not be
awarded or perform work as a Contractor, Supplier, Subcontractor, or Consultant
under an award with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017 for
Category Two for a period of 36 months from the date of being placed on the
convicted vendor list. [See Florida Statute 287.133 (2) (a).]
K. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the
Florida Statutes, and, except as may be provided by Chapter 119 of the Florida
Statutes and other applicable State and Federal Laws, all Respondents should
be aware that the proposal and the responses thereto are in the public domain
and are available for public inspection. Respondents are requested, however, to
identify specifically any information contained in their proposal which they
consider confidential and/or proprietary and which they believe to be exempt
from disclosure, citing specifically the applicable exempting law. All proposals
received in response to this request of proposal become the property of the City
of Ocoee and will not be returned. In the event of an award, all documentation
produced as part of the contract will become the exclusive property of the City.
L. PUBLIC RECORDS COMPLIANCE: The City of Ocoee (City) is a public agency
subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with
Florida's Public Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
chapter 119, Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract
RFP20-001_La boratory_Services 6
if the Contractor does not transfer the records to the City.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to the
City all public records in possession of the Contractor or keep and maintain
public records required by the City to perform the service. If the Contractor
transfers all public record to the City upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
5. A Contractor who fails to provide the public records to City within a reasonable
time may be subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION
1022, CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH
LAKESHORE DRIVE, OCOEE, FLORIDA 34761. this request for proposals
becomes the property of the City of Ocoee and will not be returned. In the event
of an award, all documentation produced as part of the contract will become the
exclusive property of the City.
The City reserves the right to accept or reject any or all proposals, to waive
formalities, technicalities or irregularities, to request clarification of
information submitted in any proposal, or to re-advertise for new
proposals. The City may accept any item or group of items of any proposal,
unless the Proposer qualifies its proposal by specific limitations. The City
may accept one or more proposals if, in the City's discretion, the City
determines that it is in the City's best interest to do so.
The City reserves the right to award the contract to the Proposer which, in
the City's sole discretion, is the most responsive and responsible Proposer
The City reserves the right, as an aid in determining which proposal is
responsible, to require a Proposer to submit such additional evidence of
Proposer's qualifications as the City may deem necessary, and may
consider any evidence available to the City of the financial, technical, and
other qualifications and abilities of a Proposer, including past performance
(experience) with the City and others. The City Commission shall be the
final authority in the selection of any and all proposals.
RFP20-001_Laboratory_Services 7
RFP#20-001 GENERAL TERMS & CONDITIONS:
1. BID SECURITY:
a) In lieu of providing a bid security, the Respondent may provide documentation
that their business has been active with the Secretary of the State of Florida
for a minimum of three (3) years. Respondent warrants by virtue of bidding the
prices in his bid response will be good for an evaluation period of ninety (90)
days from the date of bid opening, or:
b) Each proposal must be accompanied by a Cashier's/Certified Check or
Company check upon an incorporated bank or trust company or a Bid Bond in
an amount equal to ONE THOUSAND DOLLARS ($1,000.00) and will be
deposited. A combination of any of the former is not acceptable. Cash or
company check will not be accepted as Bid Security. The cashier's check,
company check or Bid Bond is submitted as a guarantee that the Proposer, if
awarded the Contract, will after written notice of such award, enter into a
written Contract with the City and as a guarantee that the Proposer will not
withdraw its bid for a period of ninety (90) days after the scheduled closing
time for the receipt of bids, in accordance with the accepted bid and bid
documents.
c) In the event of withdrawal of said bid within ninety (90) days following the
opening of bids, or Proposer's failure to enter into said contract with the City
or failure to provide the City with other requirements of the contract
documents or the bid invitation after issuance of Notice of Intent to Award by
the City, then such Proposer shall be liable to the City in the full amount of the
check or bid bond and the City shall be entitled to retain the full amount of the
check or to demand from the Surety the penal sum of the bid bond as
liquidated damages and not a penalty.
d) Surety companies executing bonds shall be duly insured by an insurer or
corporate surety and signed by a licensed agent who holds a current Power
of Attorney from the surety company issuing the bond.
e) The cost of the required bond and required insurance coverage is to be
included in the Proposer's overhead and is not eligible for reimbursement as
a separate cost by the City. The refund checks of the three (3) most favorable
Proposers will be returned within three (3) days after the City and the
successful Proposer have executed the contract for work or until the 91st day
after bid opening, whichever is earlier. The remaining refund checks will be
returned within thirty (30) days after the opening of bids. Bid Bonds will be
returned upon request following the same criteria as a check
2. PERFORMANCE BOND:
Performance and Payment Bonds are not required.
3. PATENT INDEMNITY:
Except as otherwise provided, the successful Proposer agrees to indemnify the
City and its officers, agents, and employees against liability, including costs and
RFP20-001_Laboratory_Services 8
expenses, for infringement upon any letters patent of the United States arising
out of the performance of this Contract.
Further, the Proposer shall fully indemnify, defend, and hold harmless the City
and its officers, agents, and employees from any suits, actions, damages, and
costs of every name and description, including attorneys' fees, arising from or
relating to violation or infringement of a trademark, copyright, patent, trade
secret, unpatented invention, or intellectual property right. If the bidder uses any
design, device, or materials covered by letters, patent, or copyright, it is mutually
agreed and understood without exception that the bid price shall include all
royalties or cost arising from the use of such design, device, or materials.
4. DEFAULT:
As a result of bids received under this Invitation, the award of the contract may
be based, in whole or in part, on delivery and specification factors. Accordingly,
should the Contractor not meet the delivery deadline(s) set forth in the
specifications or should the Contractor fail to perform any of the other provisions
of the specifications and/or other contract documents, the City may declare the
Contractor in default and terminate the whole or any part of the contract. Upon
declaring the Contractor in default and the contract in whole or in part, the City
may procure and/or cause to be delivered the equipment, supplies, or materials
specified, or any substitutions thereof and the Contractor shall be liable to the
City for any excess costs resulting therefrom. In the event the Contractor has
been declared in default of a portion of the contract, the Contractor shall continue
the performance of the contract to the extent not terminated under the provisions
of this paragraph. Where the Contractor fails to comply with any of the
specifications, except for delivery deadline(s), the City may, in its discretion,
provide the Contractor with written notification of its intention to terminate for
default unless prescribed deficiencies are corrected within a specified period of
time. Such notification shall not constitute a waiver of any of the City's rights and
remedies hereunder.
5. PRICING:
Pricing should be provided as indicated on the Proposal Form attached as Exhibit C.
Please note that alternate price proposals will not be accepted unless specifically called
for on the Scope of Work and/or Proposal Form. Cost of preparation of a response to
this RFP is solely that of the Respondent and the City assumes no responsibility for such
costs incurred by the Respondent.
The Proposal Form may not be completed in pencil. All entries on the Proposal Form
shall be legible. The City reserves the right, but does not assume the obligation, to ask
a Respondent to clarify an illegible entry on the Proposal Form. If the Proposal Form
requires that the proposed price, or constituent portions of the proposed price, be stated
in unit prices and total price; the unit prices and the total price for the stated number of
units identified on the Proposal Form should be provided by the Respondent and be
RFP20-001_Laboratory_Services 9
correctly computed. If there is an arithmetical conflict between the unit price stated
bythe Respondent on the Proposal Form and the total price stated by the Respondent
on the Proposal Form, the unit price stated by the Respondent on the Proposal Form
shall take precedence. The City may unilaterally correct such arithmetical conflict on the
Proposal Form to calculate the total price, utilizing the unit prices that have been
identified by the Respondent. The taking of such action by the City shall not constitute
grounds for the Respondent to withdraw its proposal nor shall it provide a defense
constituting discharge of the proposal bond. The City reserves the right, but does not
assume the obligation, to waive any mistake, omission, error, or other irregularity that
may appear on the Proposal Form. However, the City reserves the right to reject
Proposal Forms that are incomplete or contain information that is not required as being
non-responsive.
a) The prices have been arrived at independently, without consultation, communication,
or agreement for the purpose of restriction competition, as to any matter relating to
such prices with any other Respondent or with any competitor;
b) Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the Respondent and will not
knowingly be disclosed by the Respondent prior to opening, directly or indirectly to
any other Respondent or to any competitor;
c) No attempt has been made or will be made by the Respondent to induce any other
person or firm to submit or not to submit a proposal for the purpose of restricting
competition. Every contract, combination or conspiracy in restraint of trade or
commerce in this State is unlawful (s. 542.18, Florida Statutes, and all applicable
federal regulations);
d) Respondent warrants the prices set forth herein do not exceed the prices charged by
the Respondent under a contract with the State of Florida Purchasing Division; and
e) Respondent agrees that supplies/services furnished under this proposal, if awarded,
shall be covered by the most favorable commercial warranties the Respondent gives
to any customer for such supplies/services and that rights and remedies provided
herein are in addition to and do not limit any rights offered to the City by any other
provision of the proposal award.
f) The Respondent represents that the article(s)to be furnished under this RFP is (are)
new and unused (unless specifically so stated) and that the quality has not
deteriorated so as to impair its usefulness.
6. DISCOUNTS:
a) Trade and time payment discounts will be considered in arriving at new prices
and in making awards, except that discounts for payments within less than 30
days will not be considered in evaluation of bids. However, offered discounts
will be taken for less than 30 days if payment is made within discount period.
b) In connections with any discount offered, time will be computed from date of
delivery and acceptance at destination, or from the date correct invoice is
received in the office of Finance, whichever is later. Payment is deemed to
be made, for the purpose of earning the discount, on the date of City Check.
7. SAMPLES:
RFP20-001_Laboratory_Services 10
Samples of items, when required, must be furnished free of expense to the City
and, if not called for within fifteen days from date of bid opening, same will be
disposed of in the best interest of the City.
8. AWARD CRITERIA:
The contract will be recommended to be awarded in accordance to the Evaluation
Criteria contained in this RFP.
9. LITERATURE:
If required by the scope of work, or the specifications, descriptive
literature/brochures shall be included with this bid in order to properly evaluate
make/model offered. Bids submitted without same may be considered non-
responsive and disqualified.
10. BID PROTESTS:
All Bid Protests shall be submitted to the Purchasing Technician in the
following manner:
1. A Bidder shall file a written bid protest under this Article or be barred any
relief; oral protests shall not be acknowledged.
2. A bid protest shall be limited to the following grounds: (a) issues arising from the
procurement provisions of the Project Manual, its addenda, and other bidding
documents; and/or (b) applicable federal, state, or local law. No bid protest may
be based upon questions concerning the design documents (drawings and
specifications). The Bidder shall clarify all questions concerning the design
documents of the project prior to submitting its bid.
3. The content of the bid protest shall fully state the factual and legal grounds for
the protest and the legal basis for the relief requested.
4. The bid protest shall be filed with the Purchasing Technician not later than five
(5) calendar days after the posting of the notice of intent to award or
recommendation of award by staff,whichever is earlier.
5. The Purchasing Technician, on behalf of the City, shall make a determination of
the merits of the protest not later than five (5) business days after receipt of the
protest. If the City denies the protest, the City may proceed with award of the
contract unless enjoined by order of a court of competent jurisdiction.
11. PAYMENT TERMS:
RFP20-001_Laboratory_Services 11
a) No payment will be made for services without proper purchase order
authorization or City of Ocoee Visa Purchasing Card. Payment cannot be
made until materials, goods or services, have been received and accepted by
the City in the quality and quantity ordered.
b) Any contract resulting from this solicitation is deemed effective only to the
extent of appropriations available for the work.
c) The City of Ocoee, Florida has Florida Sales & Use Tax Exemption Certificate
No. 85-8013779974C-0; and, pursuant to Chapter 212, Florida Statutes, is
exempt from federal excise, state, and local sales taxes.
12. SAFETY REQUIREMENTS:
The Respondent guarantees that the services to be performed and the goods to
be provided herein, shall comply with all applicable federal, state and local laws,
ordinances, regulations, orders and decrees, including without limitation such of
the following acts as may be applicable: Federal Consumer Product Safety Act,
Federal Fair Labor Standards Act, Occupational Safety and Health Act, Federal
Hazardous Substances Labeling Act, Federal Flammable Fabrics Act, and any
applicable environmental regulations.
a) All contractors are required to comply with the Congressional Federal
Register (CFR) of the U.S. Department of Labor, Occupational Safety and
Health Administration (OSHA) Construction Industry, Part 1926, and CFR
1910, General Industry Standards, that are applicable in construction work.
b) The prime contractor is not only responsible for the safety aspects of his
operation and employees, but also that of all subcontractors on the job site.
c) Assure that a certified first aid person is designated, phone numbers of
physicians, hospital and ambulance services are posted (copy to Personnel
Director, City of Ocoee) and that a first aid kit is available.
d) All individuals are required to wear hard hats on all construction sites.
e) Provide personal protective equipment that may be required for jobs in
progress (e.g.: hard hats, safety glasses, respirators, ear protection, long
pants and shirts, etc.).
f) Observe the speed limit on City property.
g) Construction areas cleaned daily; excavations must be barricaded or flagged
until backfilled. In some cases, bracing, shoring and sloping may be required.
h) Scaffolds shall have guard rails on all open sides and secured to prevent
displacement.
i) Powder actuated stud guns or low velocity and/or similar powder actuated
tools require eye and ear protection as well as to ensure that all unauthorized
personnel are well clear.
j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be
provided and combustible materials cleaned up.
k) All heavy equipment must have, where applicable, (a) back-up alarms, (b)
boom angle indicator, (c) load chart, (d) reeving, (3) fire extinguisher, (f)
RFP20-001_Laboratory_Services 12
condition of hook and other items in accordance with OSHA 1926.550 and
ANSI B30.5.
I) Construction material shall not be stored so as to block exits.
m) Ground fault circuit interrupters are required on all electrical circuits not part of
the permanent wiring of the building.
n) Personal fall protection must be provided at elevations exceeding ten (10)
feet.
13. DRUG-FREE WORKPLACE:
Provide a statement concerning the Proposer's status as a Drug-Free Work
Place or evidence of an implemented drug-free workplace program.
14. CONTRACT:
a) The successful Respondents, herein also referred to as Contractor, will be required
to enter into a contract with the City along the terms and conditions included in the
proposed contract for the initial period of three (3) years, with two (2) automatic one-
year extensions. After the initial three (3) year term, price adjustments will be allowed
pursuant to the Price Adjustment provision of this Agreement.
b) The City may, in its sole discretion, award any additional services, whether in the
existing areas of the scope of work or in any area additional to those in the existing
scope of work, to any third party or the City's own employees. Contractor will be
expected to cooperate with any or all other contractors who may be performing
services for the City.
15. CERTIFICATION OF NON-SEGREGATED FACILITIES
a) Proposer certifies that it does not and will not maintain or provide any
segregated facilities for the Proposer's employees at any of the Proposer's
establishments, and that Proposer does not permit Proposer's employees to
perform their services at any location under the Proposer's control where
segregated facilities are maintained. Proposer agrees that a breach of this
certification will be a violation of the Equal Opportunity clause in any contract
resulting from acceptance of this Proposal. As used in this certification, the
term "segregated facilities" means any waiting room, work areas, time clocks,
locker rooms, other storage and dressing areas, parking lots, or drinking
facilities provided for employees that are segregated on the basis of race,
color, religion, national origin, habit, local custom, or otherwise. Proposer
agrees that (except where Proposer has obtained identical certification from
proposed contractors for specific time periods) Proposer will obtain identical
certifications from proposed subcontractors prior to the award of such
contracts exceeding $10,000 that are not exempt from the provisions of the
Equal Opportunity clause, and that Proposer will retain such certifications in
Proposer's files.
b) The non-discriminatory guidelines as promulgated in Section 202, Executive
RFP20-001_Laboratory_Services 13
Order 11246, and as amended by Executive Order 11375 and as amended,
relative to Equal Opportunity for all persons and implementations of rules and
regulations prescribed by the U.S. Secretary of labor, are incorporated herein.
16. CONFLICT OF INTEREST STATEMENT
a) Proposer declares that the only persons or parties interested in their proposal
are those named herein, that this proposal is, in all respects, fair and without
fraud and that it is made without collusion with any other vendor or official of
the City of Ocoee. Neither the Affiant nor the above-named entity has directly
or indirectly entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive pricing in
connection with the entity's submittal for the above project. This statement
restricts the discussion of pricing data until the completion of negotiations and
execution of a contract for the described services.
b) Proposer certifies that no City Commissioner, other City Official, or City
employee directly or indirectly owns assets or capital stock of the Responding
entity, nor will directly or indirectly benefit by the profits or emoluments of this
proposal. (For purposes of this paragraph, indirect ownership or benefit
applies to any members of his or her immediate family)
c) Proposer certifies that no member of the entity's ownership or management is
presently applying for an employee position or actively seeking an elected
position with the City. In the event that a conflict of interest is identified in the
provision of services, Proposer agrees to immediately notify the City in
writing. Proposer must submit the attached Conflict of Interest
Statement.
d) Proposer further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this RFP has occurred, and that the
proposal is made according to the provisions of the RFP documents, and will
meet or exceed the scope of services, requirements, and standards contained
in the RFP documents.
e) Proposer agrees to abide by all conditions of the negotiation process. In
conducting negotiations with the City, Proposer offers and agrees that if this
negotiation is accepted, the Proposer will convey, sell, assign, or transfer to
the City all rights, title, and interest in and to all causes of action it may now or
hereafter acquire under the anti-trust laws of the United States and the State
of Florida for price fixing relating to the particular commodities or services
purchased or acquired by the City. At the City's discretion, such assignment
shall be made and become effective at the time the City tenders final payment
to the Proposer. The proposal constitutes a firm and binding offer by the
Proposer to perform the services as stated.
17. PUBLIC ENTITY CRIME STATEMENT:
a) All invitations to bid, as defined by Section 287.012(11), Florida Statutes,
RFP20-001_Laboratory_Services 14
requests for proposals, as defined by Section 287.012(16), Florida Statutes,
and any contract document described by Section 287.058, Florida Statutes,
shall contain a statement informing persons of the provisions of paragraph
(2)(a) of Section 287.133, Florida Statutes, which reads as follows:
"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 on
a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or
repair of public building or public work, may not submit proposals 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
Section 287.017, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list."
b) All Proposers that submit a Bid or Proposal to the City of Ocoee are
guaranteeing that they have read the previous statement and by signing the
submitted documents are qualified to do so under Section 287.133, (2)(a),
Florida Statutes.
18. PERMITS/LICENSES/FEES:
a) Any permits, licenses or fees required will be the responsibility of the Contractor; no
separate payments will be made. Permit fees are waived for any City of Ocoee
permits required.
b) The City requires a City of Ocoee contractor registration if permitting is required.
Please contact the City's Building Department at (407)905-3100 extension 1000,
directly for information concerning this requirement.
c) Adherence to all applicable code regulations (Federal, State, County, and City) is the
responsibility of the Contractor.
19. STANDARD INSURANCE REQUIREMENTS:
The Contractor shall not commence any work in connection with an Agreement until all
of the following types of insurance have been obtained and such insurance has been
approved by the City, nor shall the Contractor allow any Subcontractor to commence
work on a subcontract until all similar insurance required of the subcontractor has been
so obtained and approved. Policies other than Workers' Compensation shall be issued
only by companies authorized by subsisting certificates of authority issued to the
companies by the Department of Insurance of Florida which maintain a Best's Rating of
"A" or better and a Financial Size Category of "VII" or better according to the A.M. Best
Company. Policies for Workers' Compensation may be issued by companies authorized
as a group self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy. The
RFP20-001_Laboratory_Services 15
payment of such deductible shall be the sole responsibility of the General Contractor
and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this
Agreement, Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the Contractor's employees connected with the
work of this project and, in the event any work is sublet, the Contractor shall require
the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by
the Contractor. Such insurance shall comply fully with the Florida Workers'
Compensation Law. In case any class of employees engaged in hazardous work
under this contract for the City is not protected under the Workers' Compensation
statute, the Contractor shall provide, and cause each subcontractor to provide
adequate insurance, satisfactory to the City, for the protection of the Contractor's
employees not otherwise protected.
• Include Waiver of Subrogation in favor of the City of Ocoee
c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall
obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE,
this policy should name the City of Ocoee as an additional insured, and shall protect
the Contractor and the City from claims for damage for personal injury, including
accidental death, as well as claims for property damages which may arise from
operations under this Agreement whether such operations be by the Contractor or by
anyone directly or indirectly employed by the Contractor, and the amounts of such
insurance shall be the minimum limits as follows:
1) Automobile Bodily Injury Liability& Property Damage Liability
• $1,000,000 Combined single limit per occurrence (each person, each
accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired & non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
2) Comprehensive General Liability (Occurrence Form) - this policy should name
the City of Ocoee as an additional insured and should indicate that the insurance
of the Contractor is primary and non-contributory.
42,000,000 GENERAL AGGREGATE
■$1,000,000 PER OCCURRENCE
■$1,000,000 PERSONAL &ADVERTISING INJURY
•Include Waiver of Subrogation in favor of the City of Ocoee
3) Subcontractor's Comprehensive General Liability, Automobile Liability and
Worker's Compensation Insurance: The Contractor shall require each
subcontractor to procure and maintain during the life of this subcontract,
insurance of the type specified above or insure the activities of these
subcontractors in the Contractor's policy, as specified above.
4) Owner's Protective Liability Insurance (Not required for laboratory services): As
applicable for construction projects, providing coverage for the named insured's
liability that arises out of operations performed for the named insured by
independent contractors and are directly imposed because of the named
insured's general supervision of the independent contractor. The Contractor shall
procure and furnish an Owner's Protective Liability Insurance Policy with the
RFP20-001_Laboratory_Services 16
following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and
naming the City of Ocoee as the Named Insured.
5) Contractual Liability: If the project is not bonded, the Contractor's insurance shall
also include contractual liability coverage to insure the fulfillment of the contract.
NOTE: FOR PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY
INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED.
41,000,000 PER OCCURRENCE
42,000,000 AGGREGATE
6) Commercial Umbrella:
41,000,000 PER OCCURRENCE
42,000,000 Aggregate
■Including Employer's Liability and Contractual Liability
7) Builders Risk: (Not required for Laboratory Services)
4100,000 Any (1) Location
41,000,000 Any (1) Occurrence
8) Certificates of Insurance: Certificate of Insurance Form (see sample below),
naming the City of Ocoee as an additional insured will be furnished by the
Contractor upon notice of award. These shall be completed by the authorized
Resident Agent and returned to the Office of the Purchasing Agent. This
certificate shall be dated and show:
i) The name of the Insured contractor, the specific job by name and job
number, the name of the insurer, the number of the policy, its effective date,
its termination date.
ii) Statement that the Insurer shall mail notice to the Owner at least thirty (30)
days prior to any material changes in provisions or cancellation of the
policy, except ten (10) days written notice of cancellation for non-payment
of premium.
(Remainder of page left blank intentionally.)
RFP20-001_Laboratory_Services 17
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RFP20-001_Laboratory_Services 18
20. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), proposal disputes, or contract dispute(s)
filed by or against the Respondent in the past five (5) years that is related to the services
that the Respondent provides in the regular course of business. The summary shall
state the nature of the litigation, claim, or contact dispute, a brief description of the case,
the outcome or projected outcome, and the monetary amounts involved. If none, please
so state. (Attach additional sheets, if necessary)
21. ACKNOWLEDGMENT OF ADDENDA:
Respondent acknowledges receipt of the following addenda:
No. Dated
No. Dated
No. Dated _
22. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #:
(Attach additional sheets if necessary)
By submitting a proposal, the Respondent certifies that it has investigated any
subcontractor/temporary worker agency listed and has received and has in the
Respondent's files evidence that each subcontractor/temporary worker agency
maintains a fully-equipped organization capable, technically and financially, of
performing the pertinent work and that the subcontractor/temporary agency has done
similar work in a satisfactory manner. It is further acknowledged by the contractor
that any CHANGE or OMISSIONS in the subcontractors listed above shall require
the City of Ocoee's approval before any work shall commence by the additional
subcontractor on this project.
RFP20-001_Laboratory_Services 19
23. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee
properties, including whether owned or leased. If leased please provide name of lessor.
24. REFERENCES/EXPERIENCE OF RESPONDENT WITH SIMILAR CONTRACTS:
The Respondent shall provide at least three (3) separate references of previous
contracts with similar scope of work within the past five (5) years, preferably with a
governmental agency. Respondent must demonstrate ability to perform services of
similar complexity, nature, and size. For each previous contract, the Respondent must
provide a description of the scope, its location, and a contact person willing and able to
discuss the Respondent's performance for that contract. Letters of References may also
be provided. Only contracts for which the Respondent was the prime contractor will be
considered to be relevant.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/
TELEPHONE NUMBER/EMAIL ADDRESS/NAME OF CONTACT, ETC (attach
additional sheets if necessary).
Have you any similar work in progress at this time? Yes_ No_
Length of time in business years months.
Bank or other financial references:
RFP20-001_Laboratory_Services 20
25. SUBMITTALS:
The City of Ocoee requires comprehensive responses to every section within this RFP.
To facilitate the review of the responses, Respondents shall follow the described
proposal format. The intent of the proposal format requirements is to expedite review
and evaluation. It is not the intent to constrain Respondents with regard to content, but
to assure that the specific requirements set forth in this RFP are addressed in a uniform
manner amenable to review and evaluation.
Submissions shall be limited to a total of forty (40) 8.5"x 11" pages (excluding any
analyte sheets, front and back covers, dividers, and all forms included in this RFP),
single-sided, portrait orientation, 12-point font if possible, and contained in a three-ring
binder or other format amenable to easy photocopying. The page limit applies to the
material contained in sections 1 and 2 of the proposal, as described below. The person
signing the proposal on behalf of the Respondent shall have the legal authority to bind
the Respondent to the submitted proposal. Failure to adhere to the stated page limit
or provide the required content may subject your proposal to disqualification.
In order to simplify the review process and obtain the maximum degree of comparison, the
Respondent must provide the following content when responding to the RFP:
Section 1 —Company Information
• Firm's history, number of years in business, etc.
• List of all firm's key staff, their qualifications, and their role for this contract,
provide resumes of key staff.
• Firm and employee certifications and registrations with regulatory agencies,
professional organizations, etc., including a NELAP certification through FL Dept
of Health.
• Firm's sub-contractors, their qualifications, and their role in providing services.
• List and quantity of firm's (and firm's sub-contractors' if applicable) type and
quantity of equipment/In-House Testing to be used for this contract, see Sections
22 and 23.
Section 2—Company Experience/References
• List of firm's other current or recently completed similar services within the last
five (5) years, to include services required in the Scope of Services Section with
other public or private agencies, see Section 24 of General Conditions:
The Respondent shall provide at least three (3) separate references of previous
contracts with similar scope of work, preferably with a governmental agency.
Respondent must demonstrate ability to perform services of similar complexity,
nature, and size. For each previous contract, the Respondent must provide a
description of the scope, its location, and a contact person willing and able to
discuss the Respondent's performance for that contract. Letters of References
may also be provided. Only contracts for which the Respondent was the prime
contractor will be considered to be relevant.
• List of at least three (3) client references to include organization name,
description, contact person, telephone number (s), and e-mail address.
• Litigation Summary, see Section 20.
Section 3— Price Proposal
RFP20-001_Laboratory_Services 21
• Exhibit C—only provide pricing on the items included on the proposal form.
Section 4—Other Required Content
• Forms listed on Table of Contents as to be submitted with your proposal.
• Conflict of Interest Statement
• Bid Security, see Section 1.
• Acknowledgement of Addenda, see Section 21.
• Drug-Free Workplace Statement
• M/WBE Certifications (attach copy of County or State issued certification)
26. EVALUATION CRITERIA:
The criteria for making an award recommendation are:
1. Experience and References (0-35%)
2. Project Staff (0-10%)
3. Project Equipment/ In-House Testing (0-20%)
4. Price proposal (0-20%)
5. Office Laboratory Location (0-10%)
6. M/WBE Certification (0- 5%)
The City reserves the right, before awarding the contract, to require a Respondent to
submit such evidence of its qualifications, as the City may deem necessary and may
require oral presentations or interviews of firms. The City shall be the sole judge of the
competency of Respondents.
A City evaluation committee will evaluate each respondent's qualifications and will short-
list and recommend to the City Commission a primary and secondary firm, in ranked
order of qualifications based upon the evaluation committee's evaluation of the
responses and any client references. All Respondents shall be notified via Demandstar
or other means of staff's recommended ranking of firms to the City Commission. The
City Commission's decision to endorse or modify the ranking by staff shall be final.
The successful Respondent shall be required to execute an agreement which provides,
among other things, that any plans, drawings, reports, and specifications that result from
Respondent's services shall become the property of the City. Upon the successful
negotiation of an agreement, a formal contract will be prepared and subsequent
executed by both parties.
ANTICIPATED SELECTION SCHEDULE
01/05/20 Request for Proposals advertised
01/21/20 Last day for questions
01/28/20 Proposal submission deadline
2 days later Proposals distributed to Evaluation Committee
1-2 weeks later Evaluation committee meeting held
Next meeting Top-ranked firms recommended to City Commission
This schedule is subject to change at the discretion of the City.
RFP20-001_Laboratory_Services 22
Exhibit "A"
LABORATORY SERVICES FOR CITY WATER &WASTEWATER FACILITIES
SCOPE OF SERVICES
1. Scope of Work
The City is soliciting proposals from accredited/certified laboratories, "Service Providers", to
furnish all necessary labor, supplies, materials, equipment, and incidental items to satisfactorily
perform the laboratory services and sampling procedures detailed in these technical
specifications on an "as needed basis." The services include analytical laboratory services to
perform testing of surface water, groundwater from Surficial and Floridan aquifer water supply
wells, monitoring wells, potable drinking water, raw and treated wastewater, industrial
wastewater from facilities discharging to the city's wastewater collection system, reclaimed
water, wastewater residuals and ground water from groundwater monitoring wells for a
reclaimed water system. The proposal also includes sampling, field analyses, and sample pickup
services.
All sampling, analyses and reporting shall be done in accordance with United States
Environmental Protection Agency, Florida Department of Environmental Protection (FDEP),
Florida Department of Health (FDOH), and TNI standards. The work shall be in compliance
with all applicable FDEP SOPs.
The Service Provider shall be responsible for providing and delivering to the City all required
sample containers, labels, coolers, forms, preservatives and incidentals necessary to collect,
preserve and transport the samples associated with each test given in the technical specifications.
All costs associated with the shipment of sampling supplies from the laboratory to the City and
samples from the City to the laboratory will be the responsibility of the contract laboratory.
It is the intent of the City to contract with two (a primary and a secondary) laboratories to supply
the services described herein.
A. The Service Provider must be NELAP (National Environmental Laboratory Accreditation
Program) certified through the Florida Department of Health Environmental Laboratory
Certification Program for all the analytes and sample matrices performed for the City of
Ocoee. Each respondent must submit a copy of their certification and analyte sheet issued by
the FDOH. Any analyte for which a current certification is not held must be listed on an
exception page with a listing of the subcontractor(s) that the work is to be subcontracted to.
B. Any subcontracted work will be performed following the same certification requirements as
for the contract laboratory. A copy of the laboratory certification and analyte sheet for each
proposed subcontractor must be submitted with the proposal.
C. Minimum Requirements
RFP20-001_Laboratory_Services 23
1. Licensed under the State of Florida for at least five (5) years to perform the services
requested in this document.
2. At least five (5) years' experience providing laboratory services to the water and
wastewater industry. Three (3) current references from water and wastewater utilities in
the State of Florida for which similar services have been provided must be submitted with
the proposal.
3. Responsive to all the requested services.
4. At least a 90% acceptable rating on each of the last three (3) Discharge Monitoring
Report—Quality Assurance (DMR-QA) Studies or Proficiency Tests. (determined by the
total number of acceptable analytes/total number of analytes). Copies of the three most
recent DMR-QA Proficiency Test reports must be submitted with the proposal.
Documentation supporting the correction of"Not Acceptable" results by the vendor may
be included with the proposal submittal for consideration.
5. "In Compliance"rating on the most recent FDOH laboratory inspection.
D. The Service Provider must submit resumes of key personnel indicating their education and
experience level with current analytical equipment and methods.
2. Quality Assurance
A. The Service Provider must be certified and maintain certification through the Florida
Department of Health Environmental Laboratory Certification Program for all the analytes
and sample matrices performed for the City of Ocoee. The Service Provider will notify the
City of any certification or accreditation changes before any work affected by the change is
performed. The Service Provider will provide copies of Proficiency testing results to the
City upon request.
B. The Service Provider must have and maintain a Florida Department of Environmental
Protection/Department of Health approved Quality Assurance/Quality Manual. This manual
shall be submitted electronically on a compact disc for inspection upon request from the City.
C. The Service Provider must have and maintain a Florida Department of Environmental
Protection approved Field Sampling Quality Manual. In lieu of having an approved manual,
the laboratory may use the Florida Department of Environmental Protection's Field Sampling
Quality Manual. This manual shall be submitted electronically upon request by the City.
D. The chain of custody must be "court defensible" and should be maintained at all times. A
copy of the chain of custody must be included when reporting results both electronically and
in hard copy form. The chain of custody at a minimum shall include:
1. Date
2. Time
3. Location
RFP20-001_Laboratory_Services 24
4. Sampler
5. Matrix
6. Preservatives used
7. Number of bottles
8. Date, time and name of each person involved in the sample transfer
9. Analysis requested
10. Turnaround time requested
E. The City reserves the right to contract with an alternate laboratory (third-party) for split
sampling in order to verify the analytical performance of the contracted Service Provider.
The laboratory performing the split analysis shall meet all the eligibility and qualification
requirements of this request for proposals. The results from the split samples shall be
compared to the Service Providers analytical data to determine if there is a deficiency in
performance. Any resulting deficiency or concerns shall then be addressed and a corrective
action plan submitted by the Service Provider to the City for consideration.
F. Contract sampling required within this specification shall be done in accordance with the
procedures contained in the Florida Department of Environmental Protection SOPs. The
laboratory shall submit to FDEP any required Quality Assurance Project Plan (QAPP) for
both field collection and laboratory analysis.
G. When the Service Provider is responsible for the collection of samples, trip blanks and field
equipment blanks shall be collected by the Service Provider as required by the method or
certifying agency. The Service Provider will log all blanks into their chain of custody system
and will run the blanks unless instructed otherwise by the City.
H. As required by EPA and FDEP the Service Provider is required to participate in the annual
Discharge Monitoring Report-Quality Assurance program. All costs associated with meeting
the requirements of this program shall be the responsibility of the Service Provider including,
but not limited to, ordering analytes from approved participating suppliers, analysis of
analytes, reporting of results, notification to the city's representative of submission of
analysis, addressing all non-acceptable results and reporting the investigation and correction
results to the City's representative.
3. General Conditions
A. The Service Provider shall coordinate all sample collection activities with the City through
its designated representative. Schedule of Required Monitoring Wells Sampling and
Analytical Services will be requested by the City as needed.
B. The City requires samples to be picked up daily, seven days a week including holidays.
C. Samples collected by City staff are to be picked up at the City of Ocoee Wastewater
Treatment Facility, 1800 A.D Mims Rd. Ocoee, FL 34761, or other City facilities as may be
deemed necessary by the City.
RFP20-001_Laboratory_Services 25
4. Results and Reporting
A. The Service Provider shall report all results to the designated City representative within
stipulated times in the appropriate format acceptable to the FDEP. Analysis results must be
reported in the FDEP Public Drinking Water Analysis Report format if the matrix is drinking
water.
B. All reports shall be transmitted via electronic format, followed by hard copy either mailed or
hand delivered with the normal sample pickup.
C. At a minimum all analysis reports shall contain the following information:
1. Date sampled
2. Analytical results concentration units
3. Results of analysis
4. Definitions of abbreviations used
5. Extraction date(if applicable)
6. Date and time analyzed
7. Method used for each analysis
8. Method detection limits (MDL)
9. Practical quantitation limits (PQL)
10. Analysts initials
11. Sample location, name and ID number
12. Qualifiers/Footnotes
13.Notes on any specific problems encountered during analysis
14. Chain of Custody for all samples
15. QA report including the result of blanks, QC samples, duplicates and matrix spikes
D. The Service Provider shall rework (re-digest/prep and re-analyze) upon request, at no cost to
the City, any samples that show any suspect data or historical outliers. The Service Provider
shall also recheck calculations, dilutions or data entry when requested due to suspect data or
historical outliers.
E. The Service Provider shall re-analyze, at no cost to the City, any samples for which the
method blank or quality control fell outside the required method limits. Data reported with
failed laboratory quality control or detected method blanks will not be accepted.
F. The Service Provider shall notify the City's designated representative with 24 hours of
abnormal results no matter what the cause. Examples include, but are not limited to, results
that indicate a violation of any WWTP permit water quality permit limitations or Safe
Drinking Water Act, 62-550 F.A.C., and special permit or other requirements. The City will
specify the special permit or other requirements. In the event that any sample exceeds the
WWTP permit limitations or MCL for a drinking water parameter, confirmation analysis
shall be done immediately.
G. In the event testing results are incomplete or not in accordance with these specifications or
RFP20-001_Laboratory_Services 26
State or Federal guidelines, re-testing will be done at no additional cost to the City. The City
will not be charged for analyses performed beyond regulatory holding times and shall be
provided with written documentation as to why the holding time was exceeded.
H. During the term of the contract, the Service Provider shall have a representative available
who is qualified to explain testing procedures and results, and to provide written
documentation of such to City staff in case of questions or discrepancies. Said representative
shall be available within 24 hours of notification.
5. Response and Completion Times
The Service Provider shall analyze all samples within the holding periods specified by 40 CFR
Part 136, Florida Department of Environmental Protection Standard Operating Procedures and
the turnaround times given below. In the event of conflicting holding periods, the Service
Provider shall use the most stringent holding period, unless otherwise instructed in writing by the
City.
A. Non-emergency Response
The Service Provider shall respond on the same day as notified and shall analyze the samples
within their respective holding periods or within three (3) business days of sample receipt by
the Service Provider, whichever is earlier unless otherwise agreed upon by the City. The
Service Provider shall email analysis results within five (5) business days after completion of
any analysis. The Service Provider shall provide signed hard copy originals of analysis
results and their accompanying QA/QC reports within seven days (7) after completion of the
analysis. The Service Provider shall be available Monday through Friday to pickup and
analyze non-emergency samples.
B. Non-emergency Expedited Response
The Service Provider shall be available seven (7) days per week to pickup and analyze non-
emergency expedited samples. Upon notification from the City's representative, the Service
Provider shall respond on the same day as notified and analyze samples within twenty four
(24) hours of sample receipt, or as agreed upon by the City. The Service Provider shall email
analysis results within two (2) business days after the completion of any analysis. The
Service Provider shall provide signed hard copy originals of analysis results and their
accompanying QA/QC reports within five (5)business days after completion of the analysis.
C. Emergency Responses
The Director of the Utilities Department or designated representative shall have the sole
authority to declare an emergency. The Service Provider shall respond twenty four (24)
hours per day, seven (7) days per week within one (1) hour with a verbal acknowledgement
whenever an emergency call is received. At the sole discretion of the City, the Service
Provider shall deliver appropriate sample containers to the City within six (6) hours of
notification. If requested by the City the Service Provider shall provide trained personnel to
collect samples within six (6) hours of notification. The Service Provider shall analyze
emergency samples on the same day as they are collected and email or fax the analytical and
QA/QC results within twenty four (24) hours after completion of the analysis. The Service
RFP20-001_Laboratory_Services 27
Provider shall provide signed hard copy originals of analysis results and their accompanying
QA/QC reports within five (5)business days after completion of the analysis.
6. Pricing
A. The quoted price will include the cost of providing and delivering suitable prepared sample
containers including proper preservatives, appropriate labels for all sample containers, chain
of custody forms, any specialized equipment that may be required for sampling, including
but not limited to compositing samplers and filters, as well as incidental supplies, such as
coolers and cooling media, for samples to be collected by City staff as well the Service
Provider.
B. The quoted price will include the cost of providing detailed instructions for proper sample
collection, sample preservation and holding times as specified in each applicable Standard
Method or EPA approved method for samples to be collected by City staff.
C. The proposal price shall also include prepared trip blanks as well as the analysis and
reporting of such trip blanks.
D. The quoted price will include the cost of delivering sample supplies for those items to be
sampled by City staff to the City of Utilities Department 1800 A.D. Mims Rd. Ocoee, FL
34761.
E. The quoted price shall include all costs associated with preparing and delivering results and
reports.
F. The quoted price for sampling provided by the Service Provider shall be all inclusive,
including labor, travel, equipment and supplies.
7. Schedule of Required Sampling and Analytical Services
The number of samples and tests presented in the Schedule of Required Sampling and Analytical
Services are estimates only. This document does not guarantee a maximum or minimum number
or frequency of samples to be analyzed during the contract period. The City reserves the right to
add, delete or change a sampling event or location or change a sampling frequency. Should the
number of samples or frequency of analysis for any parameter be increased or decreased, the
Service Provider shall honor the unit price indicated in this proposal. The Service Provider will
adjust invoices and billed amounts to reflect actual number of samples and tests collected and
conducted.
A. Wastewater Treatment Facility&Reclaimed Water System
The following items are required in connection with the operation of the City of Ocoee
Wastewater Treatment Facility, Permit No. FLA010815-007, (Exhibit D "FDEP DOMESTIC
WASTEWATER FACILITIES PERMIT") and its associated reclaimed water system.
Item 1A. Daily WWTP Final Effluent—Fecal
RFP20-001_Laboratory_Services 28
Item 1B Daily WWTP Filter Effluent—TSS
Sampling by City Staff
Sample Pickup by Service Provider required.
EACH unit to be based on one analyses per sample
Item 2A. Weekly WWTP Influent Parameters — Ammonia as N, Total Nitrogen, CBOD5,
TSS.
Item 2B Weekly WWTP Effluent Parameters —Ammonia as N, Nitrate as N, Nitrite as N,
TKN, Total Nitrogen, Orthophosphate as P, Total Phosphorus, CBOD5, TSS,
Fecal Coliform.
Sampling by City Staff
Sample Pickup by Service Provider required.
EACH unit to be based on one complete set of analyses per sample
Item 3. Annual WWTP Sludge Analysis Parameters - pH, Total Phosphorus as P (%DW),
Total Nitrogen as N (%DW), Total Solids (%), TKN as N (%DW), NO3+NO2 as
N (%DW), Arsenic, Cadmium, Chromium, Copper, Lead, Mercury,
Molybdenum, Nickel, Potassium (%DW), Selenium, Zinc (all metals as mg/kg
DW)
Sampling by City Staff
Sample Pickup by Service Provider required.
EACH unit to be based on one complete set of analyses per sample
B. Reclaimed Water
Item 4. Quarterly Reclaimed Water Application Site Monitoring Parameters - pH (Lab),
Chloride, Nitrate Nitrogen, Nitrite Nitrogen, Nitrate + Nitrite Nitrogen, Total
Dissolved Solids, Turbidity, Fecal Coliform
Samples will be from nine (9) groundwater monitoring wells and one (1) surface
water site location.
Sampling by Service Provider.
EACH unit to be based on one complete set of analyses per sample location
Item 5. Field Analyses for Item 4 to be performed by Service Provider—pH, Water level
(water level relative to feet NAVD) for nine (9) groundwater monitoring wells
and one (1) surface water location.
EACH unit to be based on one complete set of analyses per sample site location
note: Sampling for Item 4 and 5 to be performed by Service Provider.
The lab services provider shall be responsible for sampling four(4) shallow groundwater
monitoring wells located within the property boundaries of the WWTP and five (5)
shallow groundwater monitoring wells and one (1) surface water sample site located
within the property boundaries of Forest Lakes Golf Course as shown on Exhibit B
"LOCATION MAPS".
Only the following locations on the sample attached maps shall be sampled:
MW-2B,MW-4R,MW-5,MW-1B,CW-7R,CW-5A,IW-1,CW-2,CW-3,SW-1.
Each well is two (2) inch PVC. Previous sampling has been performed by using a
peristaltic pump. Access to sites within the WWTP and Golf Course must be scheduled
RFP20-001_Laboratory_Services 29
through City of Ocoee WWTP Operators prior to sampling. Each unit to be based on
collecting samples from all ten(10)locations in one event.
Item 6. Annual Reclaimed Water Analysis Parameters - Primary and Secondary Drinking
Water Standards except asbestos, color, and corrosivity, including:
Primary Drinking Water Inorganics, FDEP 62-550.310 (1), Volatile Organics,
FDEP 62-550.310 (4)
Disinfection Byproducts, FDEP 62-550.310(3)
Radionuclides, FDEP 62-550.310(6)
Synthetic Organic Contaminants, FDEP 62-550.310(4)
Secondary Drinking Water Standards, FDEP 62-550.320(1)
All metals to be Total Recoverable.
Sampling by City Staff.
Sample Pickup by Service Provider required.
EACH unit to be based on one complete set of analyses per sample
The following items are required in connection with the operation of the City of Ocoee Water
Treatment Facility, PWS I.D. #3480204 and its associated water system.
C. Water Treatment
Item 7A. Monthly Water Production/Distribution Total Coliform, Non-Coliform — Thirty-
four(34) samples per month
Item 7B Monthly Water Distribution System Fluoride Samples — Four (4) samples per
month
Sampling by City Staff.
Sample Pickup by Service Provider required.
EACH unit to be based on a per sample basis.
End of Scope
RFP20-001_Laboratory_Services 30
EXHIBIT "B"
LOCATION MAPS— FIGURE 1 & FIGURE 2
RFP20-001_Laboratory_Services 31
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Legend
FENCELIKE A. D. MIMS WWTF
PRIMA VISTA PONDS
L Monitoring Welllocation MONITORING LOCATIONS
0 205 410 820 N Applicant:Cit) ut Ocoee
FDEP No.:FLA010815 I u re
1 I I 1 I I I t 1 Drawing by:SMW GeoSciences,Inc. •
Feet Data Source:SIRWMD
Date:September 30.2012
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LEGEND
Golf Course Boundary FOREST LAKE GOLF COURSE
MONITORING LOCATIONS
\ Monitoring Well Location
N Applicant:City otOcoee Figure
FDEP No.:FLA010815
A 0 250 500 1,000 Drawing by:SMW GeoSciences,Ine. 2
I , t r 1 Data Source:SJRWMD
Feet Date:September 30.2012
('Proleo iC)k,Ocoee Golf c,„„1 rnong NN't oration Nap mod
Exhibit "C"
PRICE PROPOSAL FORM
LABORATORY SERVICES FOR CITY WATER & WASTEWATER FACILITIES
Wastewater Treatment Facility
Item Unit cost Total Annual
No. Event Unit Quantity ($) Cost($)
1A Daily WWTP Final Effluent Fecal EACH 365
1B Daily WWTP Filter Effluent TSS EACH 365
2A Weekly WWTP Influent Parameters EACH 52
2B Weekly WWTP Effluent Parameters EACH 52
3 Annual WWTP Sludge Analysis Parameters EACH 1
B. Reclaimed Water
Item Sample Frequency Unit cost Total
No. Event Unit Quantity Sampled ($) Annual
Per Year Cost($)
4 Quarterly Reclaimed Water Application
Site Monitoring Parameters EACH 10 4
5 Field Analysis for Item#4 EACH 10 4
6 Annual Reclaimed Water Analysis
Parameters EACH 1 1
C. Water Treatment Facility
Item Sample Frequency Unit cost Total
No. Event Unit Quantity Sampled ($) Annual
Per Year Cost($)
7A Monthly Bacteriological Sample 45 12
Analysis EACH
7B Monthly Fluoride Sample Analysis EACH 4 12
D. Special/Emergency Sample Pick Up During Normal Business Hours
Unit Cost Per Total Annual
Item Unit Quantity Trip Cost
($) ($)
Daily Sample Pick Up Charge at the WWTP EACH 1 NA
(priced Separate from any sampling above)
Firm Name Prepared By:
RFP20-001_Laboratory_Services 32
EXHIBIT "D"
FDEP DOMESTIC WASTEWATER FACILITIES PERMIT
( 22 PAGES)
RFP20-001_Laboratory_Services 33
vt°1E{TION FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION RICK SCOTT
Central District GOVERNOR
FLO' 1 A 3319 Maguire Boulevard,Suite 232
Orlando,Florida 32803-3767 IiERSCHEL T.VINYARD JR.
.► SECRETARY
STATE OF FLORIDA
DOMESTIC WASTEWATER FACILITY PERMIT
PERMITTEE: PERMIT NUMBER: FLA010815-007
Ocoee,City of FILE NUMBER: FLA010815-007-DW1P
ISSUANCE DATE: May 13,2013
RESPONSIBLE OFFICIAL: EXPIRATION DATE: May 12,2023(Rev.5-2013)
Charles Smith
1800 A D Mims Rd
Ocoee,Florida 34761-4001
(407)905-3159
FACILITY:
Ocoee WWTF
1800 A D Mims Rd
Ocoee,FL 34761-4001
Orange County
Latitude:28°35' 19.31"N Longitude: 81°31' 10.85"W
This permit is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and applicable rules of the Florida
Administrative Code(F.A.C.). This permit does not constitute authorization to discharge wastewater other than as expressly
stated in this permit. The above named permittee is hereby authorized to operate the facilities in accordance with the
documents attached hereto and specifically described as follows:
WASTEWATER TREATMENT:
An existing 3.0 mgd annual average daily flow (AADF) permitted capacity conventional activated sludge domestic
wastewater treatment plant consisting of influent screening, grit removal, aeration, secondary clarification, chemical feed,
filtration, chlorination, and aerobic digestion of residuals followed by de-watering and drying/storage beds. The flow at this
facility was previously limited, but it now increased to the full design capacity of 3.0 mgd annual average daily flow
(AADF).
REUSE OR DISPOSAL:
Land Application R-001: An existing 0.35 MGD annual average daily flow permitted capacity rapid infiltration basin
system. R-001 is a reuse system which consists of two rapid infiltration basins with a total wetted area of 10.7 acres having a
capacity of 0.35 MGD located approximately at latitude 28°35' 15"N,longitude 81°31'9"W.
Land Application R-002: An existing slow-rate public access system. R-002 is a reuse system which consists of irrigation
within the Reuse Service Area as shown on the attached map which is being expanded to 3.14 MGD AADF. Additionally,
the City is permitted to supplement it reuse supply in R-002 by utilizing reuse capacities for Orange County Utilities
Department Northwest Regional Reclamation Facility and/or from City of Orlando's CONSERV II Facility.
IN ACCORDANCE WITH: The limitations,monitoring requirements,and other conditions set forth in this cover sheet and
Part I through Part IX on pages 1 through 22 of this permit.
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
I. RECLAIMED WATER AND EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
A. Reuse and Land Application Systems
1. During the period beginning on the issuance date and lasting through the expiration date of this permit,the permittee is authorized to direct reclaimed water
to Reuse System R-001. Such reclaimed water shall be limited and monitored by the pemtittee as specified below and reported in accordance with Permit
Condition I.B.8.:
Reclaimed Water Limitations Monitoring Requirements
Frequency of Monitoring
Parameter Units Max/Min Limit Statistical Basis Monitoring Sample Type Site Number Notes
Flow(To onsite RIBs) Recording Flow
MGD Max 0.35 Annual Average Continuous Meter with FLW-4 See I.A.4
Max Report Monthly Average
Totalizer
BOD,Carbonaceous 5 Max 20.0 Annual Average
day,20C Max 30.0 Monthly Average
mg/L Max 45.0 Weekly Average Weekly 24-hr FPC EFA-1
Max 60 0 Single Sample
Solids,Total Max 20 0 Annual Average
Suspended Max 30 0 Monthly Average
mg/L Max 45.0 Weekly Average Weekly 24-hr FPC EFA-1
Max 60.0 Single Sample
Coliform,Fecal Max 200 Annual Average
#/100mL Max 200 Monthly Geometric Mean Weekly Grab EFA-1 See I.A.5
Max 800 Single Sample
pH Min 6 0 Single Sample
s.u. Max 8.5 Single Sample Continuous Meter EFA-1 See I.A.3
Chlorine,Total See I.A.6
Residual(For mg/L Min 0.5 Single Sample Continuous Meter EFA-1 and I.A 3
Disinfection)
Nitrogen,Nitrate,Total mg/L Max 12.0 Single Sample Weekly 24-hr FPC EFA-1
(as N)
Nitrogen,Total mg/L Weekly 10.0 Annual Average Weekly 24-hr FPC EFA-1 See 1.A.8
Max Report Monthly Average
2
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
2. Reclaimed water samples shall be taken at the monitoring site locations listed in Permit Condition I.A.1.and as
described below:
Monitoring Site Number Description of Monitoring Site
FLW-4 Flow meter to on-site RIBS(M-2)
EFA-1 Chlorine contact chamber effluent
3. Hourly measurement of pH and total residual chlorine for disinfection during the period of required operator
attendance may be substituted for continuous measurement. [Chapter 62-601,Figure 2]
4. A recording flow meter with totalizer shall be utilized to measure flow and calibrated at least once every 12
months. [62-601.200(17)and.500(6)]
5. The effluent limitation for the monthly geometric mean for fecal coliform is only applicable if 10 or more
values are reported. If fewer than 10 values are reported,the monthly geometric mean shall be calculated and
reported on the Discharge Monitoring Report. [62-600.440(4)(c)]
6. Total residual chlorine must be maintained for a minimum contact time of 15 minutes based on peak hourly
flow. [62-610.510, 62-600.440(4)(b)and(5)(b)]
7. Nitrate nitrogen(NO3)concentration in the water discharged to the land application system shall not exceed
12.0 mg/L or as required to comply with Rule 62-610.510,F.A.C.[62-610.510]
8. Total Nitrogen concentration in the water discharged to the land application system shall not exceed the annual
average limit of 10.0 mg/L TN. [62-600.550]
3
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
9. During the period beginning on the issuance date and lasting through the expiration date of this permit,the permittee is authorized to direct reclaimed water
to Reuse System R-002. Such reclaimed water shall be limited and monitored by the permittee as specified below and reported in accordance with Permit
Condition I.B.B.:
Reclaimed Water Limitations Monitoring Requirements
Frequency of Monitoring
Parameter Units Max/Min Limit Statistical Basis Analysis Sample Type Site Number Notes
Flow(Public access reuse) Recording Flow
MGD Max 1.89 Annual Average Continuous Meter with FLW-3 See I.A.12
Max Report Monthly Average
Totalizer
Flow(Forest Lake GC) Recording Flow
MGD Max Report Annual Average Continuous Meter with FLW-2A
Totalizer
Flow(Forest Lake RIBs) Recording Flow
MGD Max Report Annual Average Continuous Meter with FLW-2B •
Totalizer
Flow(Winter Garden Recording Flow
RIBs) MGD Max 0 25 Annual Average Continuous Meter with FLW-2C
Totalizer
BOD,Carbonaceous 5 day, Max 20 0 Annual Average
20C Max 30 0 Monthly Average
mg/L Max 45.0 Weekly Average Weekly 24-hr FPC EFA-1
Max 60 0 Single Sample
Solids,Total Suspended mg/L Max 5.0 Single Sample Daily;24 hours Grab EFB-I
Coliform,Fecal #/100mL Max 25 Single Sample Daily;24 hours Grab EFA-1
Coliform,Fecal,%less percent Min 75 Monthly Total Daily;24 hours Calculated EFA-1 See I.A.13
than detection
pH s u Min 6.0 Single Sample Continuous Meter EFA-1 See I.A.1 I
Max 8.5 Single Sample
Chlorine,Total Residual mg/L Min 1.0 Single Sample Continuous Meter EFA-1 See I.A.14
(For Disinfection) and I.A.17
Turbidity NTU Max Report Single Sample Continuous Meter EFB-1 See LA 15
and I.A 17
Nitrogen,Total mg/L Max 10.0 Annual Average Weekly 24-hr FPC EFA-1 See LA.19
Max Report Monthly Average
Phosphorus,Total (as P) Max Report Annual Average
mg/L Max Report Monthly Average Weekly 24-hr FPC EFA-1 See I.A.20
Giardia cysts/TOOL Max Report Single Sample Bi-annually; Grab EFA-1 See I.A.18
every 2 years
Cryptosporidium oocysts/IDOL Max Report Single Sample Bi-annually; Grab EFA-1 See I.A.18
every 2 years
4
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
10. Reclaimed water samples shall be taken at the monitoring site locations listed in Permit Condition I.A.9.and as
described below:
Monitoring Site Number Description of Monitoring Site
FLW-3 Flow meter to Reuse Service Area
FLW-2A Flow meter in line to Forest Lakes Golf Course
FLW-2B Flow meter to Forest Lakes RIBs
FLW-2C Flow meter to Winter Garden RIBs
EFA-1 Chlorine contact chamber effluent
EFB-1 Filter effluent prior to chlorination
11. Hourly measurement of pH during the period of required operator attendance may be substituted for continuous
measurement. [Chapter 62-601, Figure 2]
12. A recording flow meter with totalizer shall be utilized to measure flow and calibrated at least once every 12
months. [62-601.200(17)and.500(6)]
13. To report the"%less than detection,"count the number of fecal coliform observations that were less than
detection,divide by the total number of fecal coliform observations in the month,and multiply by 100%(round
to the nearest integer). [62-600.440(5)(1)1
14. The minimum total chlorine residual shall be limited as described in the approved operating protocol,such that
the permit limitation for fecal coliform bacteria will be achieved. In no case shall the total chlorine residual be
less than 1.0 mg/L. [62-600.440(5)0); 62-610.460(2);and 62-610.463(2)]
15. The maximum turbidity shall be limited as described in the approved operating protocol,such that the permit
limitations for total suspended solids and fecal coliforms will be achieved. [62-610.463(2)]
16. The treatment facilities shall be operated in accordance with all approved operating protocols. Only reclaimed
water that meets the criteria established in the approved operating protocol(s)may be released to system storage
or to the reuse system. Reclaimed water that fails to meet the criteria in the approved operating protocol(s)shall
be directed to reject storage for subsequent additional treatment or disinfection or to the following permitted
alternate discharge system: on-site RIBS. [62-610.320(6)and 62-610.463(2)]
17. Instruments for continuous on-line monitoring of total residual chlorine and turbidity shall be equipped with an
automated data logging or recording device. [62-610.463(2)]
18. Intervals between sampling for Giardia and Cryptosporidium shall not exceed two years. [62-610.463(4)]
19. Total Nitrogen concentration in the water discharged to the land application system shall not exceed the annual
average limit of 10.0 mg/L TN. [62-600.550]
20. Monitoring for total phosphorus(TP)is required as allowed by Rule 62-601.300(6),FAC,to evaluate impacts
of reclaimed water to ground and surface waters in an impaired water basin. [62-601.300(6)]
5
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLAO10815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
B. Other Limitations and Monitoring and Reporting Requirements
1. During the period beginning on the issuance date and lasting through the expiration date of this permit,the treatment facility shall be limited and monitored
by the permittee as specified below and reported in accordance with condition I.B.8.:
Limitations Monitoring Requirements
Frequency of Monitoring
Parameter Units Max/Min Limit Statistical Basis Analysis Sample Type Site Number Notes
Flow(Total through Max 3.0 Annual Average Recording Flow See I.B.4
plant) MGD Max Report Monthly Average Continuous Meter with FLW-1
Max Report Quarterly Average Totalizer
Percent Capacity,
(TMADF/Permitted percent Max Report Monthly Average Monthly Calculated FLW-1
Capacity)x 100 _
BOD,Carbonaceous 5 See I.B.3
day,20C(Influent) mg/L Max Report Single Sample Weekly 24-hr FPC INF-1
Solids,Total Suspended Max Report Single Sample Weekly 24-hr FPC INF-1 See I.B.3
(Influent) mg/L
6
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
2. Samples shall be taken at the monitoring site locations listed in Permit Condition I.B.1.and as described below:
Monitoring Site Number Description of Monitoring Site
FLW-1 Master flow meter at chlorination tanks,total plant flow(M-4)
INF-1 Influent to plant headworks
3. Influent samples shall be collected so that they do not contain digester supernatant or return activated sludge,or
any other plant process recycled waters. [62-601.500(4)]
4. A recording flow meter with totalizer shall be utilized to measure flow and calibrated at least once every 12
months. [62-601.200(17)and.500(6)]
5. Sampling results for giardia and cryptosporidium shall be reported on DEP Form 62-610.300(4)(a)4,Pathogen
Monitoring,which is attached to this permit. This form shall be submitted to the Department's Central District
Office and to DEP's Reuse Coordinator in Tallahassee. [62-610.300(4)(a)]
6. The sample collection,analytical test methods and method detection limits(MDLs)applicable to this permit
shall be conducted using a sufficiently sensitive method to ensure compliance with applicable water quality
standards and effluent limitations and shall be in accordance with Rule 62-4.246,Chapters 62-160 and 62-601,
F.A.C.,and 40 CFR 136,as appropriate. The list of Department established analytical methods,and
corresponding MDLs(method detection limits)and PQLs(practical quantitation limits),which is titled"FAC
62-4 MDL/PQL Table(April 26,2006)" is available at http://www.dep.state.fl.us/labs/library/index.htm. The
MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values and the
Department shall not accept results for which the laboratory's MDLs or PQLs are greater than those described
above unless alternate MDLs and/or PQLs have been specifically approved by the Department for this permit.
Any method included in the list may be used for reporting as long as it meets the following requirements:
a. The laboratory's reported MDL and PQL values for the particular method must be equal or less than the
corresponding method values specified in the Department's approved MDL and PQL list;
b. The laboratory reported MDL for the specific parameter is less than or equal to the permit limit or the
applicable water quality criteria,if any,stated in Chapter 62-302,F.A.C. Parameters that are listed as
"report only"in the permit shall use methods that provide an MDL,which is equal to or less than the
applicable water quality criteria stated in 62-302,F.A.C.;and
c. If the MDLs for all methods available in the approved list are above the stated permit limit or applicable
water quality criteria for that parameter,then the method with the lowest stated MDL shall be used.
When the analytical results are below method detection or practical quantitation limits,the permittee shall
report the actual laboratory MDL and/or PQL values for the analyses that were performed following the
instructions on the applicable discharge monitoring report.
Where necessary,the permittee may request approval of alternate methods or for alternative MDLs or PQLs for
any approved analytical method. Approval of alternate laboratory MDLs or PQLs are not necessary if the
laboratory reported MDLs and PQLs are less than or equal to the permit limit or the applicable water quality
criteria,if any,stated in Chapter 62-302,F.A.C. Approval of an analytical method not included in the above-
referenced list is not necessary if the analytical method is approved in accordance with 40 CFR 136 or deemed
acceptable by the Department. [62-4.246, 62-160]
7. The permittee shall provide safe access points for obtaining representative influent,reclaimed water,and
effluent samples which are required by this permit. [62-601.500(5)]
7
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
8. Monitoring requirements under this permit are effective on the first day of the second month following permit
issuance. Until such time,the permittee shall continue to monitor and report in accordance with previously
effective permit requirements, if any. During the period of operation authorized by this permit,the permittee
shall complete and submit to the Department Discharge Monitoring Reports(DMRs)in accordance with the
frequencies specified by the REPORT type(i.e.monthly,toxicity,quarterly, semiannual,annual,etc.)indicated
on the DMR forms attached to this permit.Unless specified otherwise in this permit,monitoring results for each
monitoring period shall be submitted in accordance with the associated DMR due dates below.DMRs shall be
submitted for each required monitoring period including periods of no discharge.
REPORT Type on DMR Monitoring Period Mail or Electronically Submit by
Monthly or Toxicity first day of month-last day of month 28th day of following month
Quarterly January 1 -March 31 April 28
April 1 -June 30 July 28
July 1 -September 30 October 28
October 1 -December 31 January 28
Semiannual January 1 -June 30 July 28
July 1 -December 30 January 28
Annual January 1 -December 31 January 28
The permittee may submit either paper or electronic DMR forms. If submitting paper DMR forms,the permittee
shall make copies of the attached DMR forms,without altering the original format or content unless approved
by the Department,and shall mail the completed DMR forms to the Department's Central District Office at the
address specified in Permit Condition I.B.13.by the twenty-eighth(28th)of the month following the month of
operation.
If submitting electronic DMR forms,the permittee shall use the electronic DMR system(s)approved in writing
by the Department and shall electronically submit the completed DMR forms to the Department by the twenty-
eighth(28th)of the month following the month of operation.Data submitted in electronic format is equivalent to
data submitted on signed and certified paper DMR forms.
[62-620.610(18)][62-601.300(1),(2), and(3)]
9. During the period of operation authorized by this permit,reclaimed water or effluent shall be monitored
annually for the primary and secondary drinking water standards contained in Chapter 62-550,F.A.C.,(except
for asbestos,color,odor,and corrosivity). These monitoring results shall be reported to the Department
annually on the DMR. During years when a permit is not renewed,a certification stating that no new non-
domestic wastewater dischargers have been added to the collection system since the last reclaimed water or
effluent analysis was conducted may be submitted in lieu of the report. The annual reclaimed water or effluent
analysis report or the certification shall be completed and submitted in a timely manner so as to be received by
the Department at the address identified on the DMR by June 28 of each year. Approved analytical methods
identified in Rule 62-620.100(3)(j),F.A.C.,shall be used for the analysis. If no method is included for a
parameter,methods specified in Chapter 62-550,F.A.C.,shall be used. [62-601.300(4)][62-601.500(3)][62-
610.300(4)]
10. The permittee shall submit an Annual Reuse Report using DEP Form 62-610.300(4)(a)2.on or before January 1
of each year. [62-610.870(3)]
11. Operating protocol(s)shall be reviewed and updated periodically to ensure continuous compliance with the
minimum treatment and disinfection requirements.Updated operating protocols shall be submitted to the
Department's Central District Office for review and approval upon revision of the operating protocol(s)and
with each permit application. [62-610.320(6)][62-610.463(2)]
12. The permittee shall maintain an inventory of storage systems. The inventory shall be submitted to the
Department's Central District Office at least 30 days before reclaimed water will be introduced into any new
storage system. The inventory of storage systems shall be attached to the annual submittal of the Annual Reuse
Report. [62-610.464(5)]
8
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
13. Unless specified otherwise in this permit,all reports and other information required by this permit,including
24-hour notifications,shall be submitted to or reported to,as appropriate,the Department's Central District
Office at the address specified below:
Florida Department of Environmental Protection Central District Office
3319 Maguire Blvd Suite 232
Orlando,Florida 32803-3767
Phone Number-(407)897-4100
FAX Number-(850)412-0496
(All FAX copies and e-mails shall be followed by original copies.)
[62-620.305]
14. All reports and other information shall be signed in accordance with the requirements of Rule 62-620.305,
F.A.C.[62-620.305]
II. BIOSOLIDS MANAGEMENT REQUIREMENTS
1. Biosolids generated by this facility may be transferred to Sanford Max West or Shelley's Environmental
Services or disposed of in a Class I solid waste landfill.Transferring biosolids to an alternative biosolids
treatment facility does not require a permit modification.However,use of an alternative biosolids treatment
facility requires submittal of a copy of the agreement pursuant to Rule 62-640.880(1)(c),F.A.C.,along with a
written notification to the Department at least 30 days before transport of the biosolids. [62-620.320(6), 62-
640.880(1)]
2. The permittee shall monitor and keep records of the quantities of biosolids generated,received from source
facilities,treated,distributed and marketed,land applied,used as a biofuel or for bioenergy,transferred to
another facility,or landfilled.These records shall be kept for a minimum of five years. [62-640.650(4)(a)]
3. Biosolids quantities shall be monitored by the permittee as specified below. Results shall be reported on the
permittee's Discharge Monitoring Report,for monitoring group RMP-Q,in accordance with Condition I.B.8.
Biosolids Limitations Monitoring Requirements
Frequency Sample Monitoring
Parameter Units Max/ Limit Statistical Basis of Analysis Type Site
Min Number
Biosolids Quantity ton(d) Max Report Monthly Total Monthly Calculated RMP-1
(Transferred)
Biosolids Quantity ton(d) Max Report Monthly Total Monthly Calculated RMP-1
(Landfilled)
[62-640.650(5)(a)1]
4. Biosolids quantities shall be calculated as listed in Permit Condition II.3 and as described below:
Monitoring Site Number Description of Monitoring Site Calculations
RMP-1 Biosolids leaving the facility
5. The treatment,management,transportation,use,land application,or disposal of biosolids shall not cause a
violation of the odor prohibition in subsection 62-296.320(2),F.A.C. [62-640.400(6)]
6. Storage of biosolids or other solids at this facility shall be in accordance with the Facility Biosolids Storage
Plan. [62-640.300(4)]
9
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
7. Biosolids shall not be spilled from or tracked off the treatment facility site by the hauling vehicle. [62-
640.400(9)]
8. Disposal of biosolids,septage,and"other solids" in a solid waste disposal facility,or disposal by placement on
land for purposes other than soil conditioning or fertilization,such as at a monofill,surface impoundment,waste
pile,or dedicated site,shall be in accordance with Chapter 62-701,F.A.C. [62-640.100(6)(b)& (c)]
9. The permittee shall not be held responsible for treatment and management violations that occur after its
biosolids have been accepted by a permitted biosolids treatment facility with which the source facility has an
agreement in accordance with subsection 62-640.880(1)(c),F.A.C.,for further treatment,management,or
disposal. [62-640.880(1)(b)]
10. The permittee shall keep hauling records to track the transport of biosolids between the facilities. The hauling
records shall contain the following information:
Source Facility Biosolids Treatment Facility or Treatment Facility
1. Date and time shipped 1. Date and time received
2. Amount of biosolids shipped 2. Amount of biosolids received
3. Degree of treatment(if applicable) 3. Name and ID number of source facility
4. Name and ID Number of treatment facility 4. Signature of hauler
5. Signature of responsible party at source 5. Signature of responsible party at treatment facility
facility
6. Signature of hauler and name of hauling
firm
A copy of the source facility hauling records for each shipment shall be provided upon delivery of the biosolids
to the biosolids treatment facility or treatment facility. The treatment facility permittee shall report to the
Department within 24 hours of discovery any discrepancy in the quantity of biosolids leaving the source facility
and arriving at the biosolids treatment facility or treatment facility.
[62-640.880(4)]
11. If the permittee intends to accept biosolids from other facilities,a permit revision is required pursuant to
paragraph 62-640.880(2)(d),F.A.C. [62-640.880(2)(d)]
III. GROUND WATER REQUIREMENTS
A. Construction Requirements
Section Construction Requirements is not applicable to this facility.
B. Operational Requirements
1. For the Part III and Part IV Land Application System(s), all ground water quality criteria specified in Chapter
62-520, F.A.C., shall be met at the edge of the zone of discharge. For major users of reclaimed water (i.e.,
using 0.1 MGD or more), the zone of discharge for Land Application Site(s) shall extend horizontally 100 feet
from the application site and vertically to the base of the surficial aquifer. For other users,the zone of discharge
shall extend horizontally to the boundary of the general service area identified in the attached map and
vertically to the base of the surficial aquifer. [62-520.200(27)][62-520.465]
2. The ground water minimum criteria specified in Rule 62-520.400 F.A.C., shall be met within the zone of
discharge. [62-520.400 and 62-520.420(4)]
3. During the period of operation authorized by this permit,the permittee shall sample ground water in accordance
with this permit and the approved ground water monitoring plan prepared in accordance with Rule 62-520.600,
F.A.C. [62-520.600][62-610.463]
10
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
4. The following monitoring wells shall be sampled quarterly. Sampling must be reasonably spaced to be
representative of potentially changing conditions.
Facility Permit WAFR ID GMS ID Well Type Depth Aquifer New or
MW Name Builder MW No. (Feet) Monitored Existing
ID
RIBs at Prima Vista Reuse System R-001:
MW-1B MWB-1BR MWB-5342 3048A13299 Background 25 Surficial Existing
MWB-2B MWB-2B MWB-36557 3048A13301 Background 35 Surficial Existing
MW-4R MWI-4R MWI-5338 3048A13303 Intermediate 15 Surficial Existing
MW-5 MWC-5 MWC-5337 3048A13304 Compliance 15 Surficial Existing
Golf Course Area Reuse System R-002*:
SW-1 MWC-SW-1 MWA-5332 3048A14938 Surface -- Surficial Existing
(ID#94997) Water
IW-1 MWI-1 MWA-5331 3048A14939 Intermediate 30 Surficial Existing
CW-2 MWC-2 MWA-5329 3048A14941 Compliance 30 Surficial Existing
CW-3 MWC-3 MWA-5328 3048A14942 Compliance 25 Surficial Existing
CW-5A MWI-5A MWA-5326 3048A14944 Intermediate 20.5 Surficial Existing
CW-7R MWC-7R 114707 -- Compliance 30 Surficial Existing
*Existing wells BW-1 (WAFR#5334).CW-8(WAFR 4 5323).and CW-9(WAFR#5322)located at the Golf Course Site have been deleted from the
existing Groundwater Monitoring Plan(GWMP).These three(3)wells shall be inactivated but shall not he abandoned.In the future,these wells shall be re-
activated,if warranted.
MWB=Background Well;MWI=Intermediate Well:MWC=Compliance Well;SW=Surface Water Sampling Location
[62-520.600][62-610.463]
5. The following parameters shall be analyzed for each of the monitoring well(s)identified in Permit Condition(s)
III.B.4:
Parameter Compliance Units Sample Type Monitoring
Well Limit Frequency
Water Level Relative to Feet,NGVD Report Feet In Situ Quarterly
Nitrogen,Nitrate,Total(as N) 10 mg/L Grab Quarterly
Solids,Total Dissolved(TDS) 500 mg/L Grab Quarterly
Chloride(as Cl) 250 mg/L Grab Quarterly
Coliform,Fecal 4 #/100mL Grab Quarterly
pH 6.5-8.5 SU Grab Quarterly
Turbidity,Nephelometric Report NTU Grab Quarterly
[62-520.600(11)(b)][62-601.300(3), 62-601.700, and Figure 3 of 62-601][62-601.300(6)][62-520.310(5)].
6. If the concentration for any constituent listed in Permit Condition III. B. 5. in the natural background quality of
the ground water is greater than the stated maximum, or in the case of pH is also less than the minimum, the
representative natural background quality shall be the prevailing standard. [62-520.420(2)]
7. In accordance with Part D of Form 62-620.910(10), water levels shall be recorded before evacuating wells for
sample collection. Elevation references shall include the top of the well casing and land surface at each well
site(Feet,NGVD)at a precision of plus or minus 0.01 foot. [62-520.600(11)(C)][62-610.463(3)(a)]
8. Ground water monitoring wells shall be purged prior to sampling to obtain representative samples. [62-
601.700(5)][62-160.210]
11
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
9. Analyses shall be conducted on unfiltered samples, unless filtered samples have been approved by the
Department's Central District, Ground Water Section as being more representative of ground water conditions.
[62-520.310(5)]
10. Ground water monitoring parameters shall be analyzed in accordance with Chapter 62-601, F.A.C. [62-
620.610(18)]
11. Ground water monitoring test results shall be submitted on Part D of Form 62-620.910(10). A completed
Certification Page shall accompany each quarter of monitoring data. For reuse or land application projects, the
quarterly ground water monitoring results shall be submitted with the DMR as shown in the following schedule.
[62-520.600(10)and(11)(b)] [62-601.300(3), 62.601.700, and Figure 3 of 62-601][62-620.610(18)1
SAMPLE PERIOD REPORT DUE DATE
January-March April 28
April-June July 28
July-September October 28
October-December January 28
12. If any monitoring well becomes damaged or cannot be sampled for some reason, the permittee shall notify the
Department's Central District,Ground Water Section immediately and a written report shall follow within seven
days detailing the circumstances and remedial measures taken or proposed. Repair or replacement of
monitoring wells shall be approved in advance by the Department's Central District, Ground Water Section.
[62-520.6001[62-4.070(3)]
13. The Permittee shall provide verbal notice to the Department's Central District,Ground Water Section as soon as
practical after discovery of a sinkhole within an area for the management or application of wastewater,
wastewater residuals (sludges), or reclaimed water. The Permittee shall immediately implement measures
appropriate to control the entry of contaminants, and shall detail these measures to the Department's Central
District,Ground Water Section in a written report within 7 days of the sinkhole discovery. [62-4.070(3)]
IV. ADDITIONAL REUSE AND LAND APPLICATION REQUIREMENTS
A. Part III Public Access System(s)
1. Use of reclaimed water is authorized within the general service area identified in the attached map. The
following uses of reclaimed water are authorized within this general service area:
Athletic Complexes and Parks
Golf Courses
Other Landscape Irrigation
Residential Irrigation
[62-620.630(10)(a)]
2. This reuse system includes the following major user(s)of reclaimed water(i.e.,using 0.1 MGD or more)and
general service area(s):
Site Number User Name User Type Capacity(MGD) Acreage
PAA-001 Forest Lake Golf Course and Golf Courses 1.0 260
RIBs
PAA-002 Winter Garden RIBs Golf Courses 0.25 100
Total 1.25 360
[62-610.800(5)][62-620.630(10)(b)]
12
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
3. New major users of reclaimed water(i.e.,using 0.1 MGD or more)may be added to the reuse system using the
general permit described in Rule 62-610.890,F.A.C.,if the requirements in this rule are complied with.
Application for use of this general permit shall be made using Form 62-610.300(4)(a)1. [62-610.890]
4. Cross-connections to the potable water system are prohibited. [62-610.469(7)]
5. A cross-connection control program shall be implemented and/or remain in effect within the areas where
reclaimed water will be provided for use. [62-610.469(7)]
6. The permittee shall conduct inspections within the reclaimed water service area to verify proper connections,to
minimize illegal cross-connections,and to verify the proper use of reclaimed water. Inspections are required
when a customer first connects to the reuse distribution system. Subsequent inspections are required as
specified in the cross-connection control and inspection program. [62-610.469(7)(h)]
7. If a cross-connection between the potable and reclaimed water systems is discovered,the permittee shall:
a. Immediately discontinue potable water and/or reclaimed water service to the affected area.
b. If the potable water system is contaminated,clear the potable water lines.
c. Eliminate the cross-connection.
d. Test the affected area for other possible cross-connections.
e. Within 24 hours,notify the Department's Central District Office's domestic wastewater and drinking water
programs.
f. Within 5 days of discovery of a cross-connection,submit a written report to the Department's Central
District Office detailing:a description of the cross-connection,how the cross-connection was discovered,
the exact date and time of discovery,approximate time that the cross-connection existed,the location,the
cause,steps taken to eliminate the cross-connection,whether reclaimed water was consumed,and reports of
possible illness,whether the drinking water system was contaminated and the steps taken to clear the
drinking water system,when the cross-connection was eliminated,plan of action for testing for other
possible cross-connections in the area,and an evaluation of the cross-connection control and inspection
program to ensure that future cross-connections do not occur.
[62-555.350(3)and 62-555.360][62-620.610(20)]
8. Maximum obtainable separation of reclaimed water lines and potable water lines shall be provided and the
minimum separation distances specified in Rule 62-610.469(7),F.A.C.,shall be provided.Reuse facilities shall
be color coded or marked. Underground piping which is not manufactured of metal or concrete shall be color
coded using Pantone Purple 522C using light stable colorants.Underground metal and concrete pipe shall be
color coded or marked using purple as the predominant color. [62-610.469(7)]
9. In constructing reclaimed water distribution piping,the permittee shall maintain a 75-foot setback distance from
a reclaimed water transmission facility to public water supply wells. No setback distances are required to other
potable water supply wells or to any nonpotable water supply wells. [62-610.471(3)]
10. A setback distance of 75 feet shall be maintained between the edge of the wetted area and potable water supply
wells,unless the utility adopts and enforces an ordinance prohibiting potable water supply wells within the
reuse service area. No setback distances are required to any nonpotable water supply well,to any surface water,
to any developed areas,or to any private swimming pools,hot tubs,spas,saunas,picnic tables,barbecue pits,or
barbecue grills. [62-610.471(1), (2), (5), and(7)]
11. Reclaimed water shall not be used to fill swimming pools,hot tubs,or wading pools. [62-610.469(4)]
12. Low trajectory nozzles,or other means to minimize aerosol formation shall be used within 100 feet from
outdoor public eating,drinking,or bathing facilities. [62-610.471(6)]
13
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
13. A setback distance of 100 feet shall be maintained from indoor aesthetic features using reclaimed water to
adjacent indoor public eating and drinking facilities. [62-610.471(8)]
14. The public shall be notified of the use of reclaimed water.This shall be accomplished by posting of advisory
signs in areas where reuse is practiced,notes on scorecards,or other methods. [62-610.468(2)]
15. All new advisory signs and labels on vaults,service boxes,or compartments that house hose bibbs along with
all labels on hose bibbs,valves,and outlets shall bear the words"do not drink"and"no beber"along with the
equivalent standard international symbol. In addition to the words"do not drink"and"no beber,"advisory
signs posted at storage ponds and decorative water features shall also bear the words"do not swim" and"no
nadar"along with the equivalent standard international symbols. Existing advisory signs and labels shall be
retrofitted,modified,or replaced in order to comply with the revised wording requirements.For existing
advisory signs and labels this retrofit,modification,or replacement shall occur within 365 days after the date of
this permit. For labels on existing vaults,service boxes,or compartments housing hose bibbs this retrofit,
modification,or replacement shall occur within 730 days after the date of this permit. [62-610.468, 62-
610.469]
16. The permittee shall ensure that users of reclaimed water are informed about the origin,nature,and
characteristics of reclaimed water;the manner in which reclaimed water can be safely used;and limitations on
the use of reclaimed water. Notification is required at the time of initial connection to the reclaimed water
distribution system and annually after the reuse system is placed into operation. A description of on-going
public notification activities shall be included in the Annual Reuse Report. [62-610.468(6)]
17. Routine aquatic weed control and regular maintenance of storage pond embankments and access areas are
required. [62-610.414(8)]
18. Overflows from emergency discharge facilities on storage ponds shall be reported as abnormal events in
accordance with Permit Condition IX.20. [62-610.800(9)]
B. Part IV Rapid Infiltration Basins
1. Advisory signs shall be posted around the site boundaries to designate the nature of the project area. [62-
610.518]
2. The maximum annual average loading rate to the two rapid infiltration basins with a total wetted area of 10.7
acres having a capacity of 0.35 MGD shall be limited to 1.2 inches per day(as applied to the entire bottom
area). [62-610.523(3)]
3. The two rapid infiltration basins with a total wetted area of 10.7 acres having a capacity of 0.35 MGD normally
shall be loaded for 7 days and shall be rested for 7 days. Infiltration ponds,basins,or trenches shall be allowed
to dry during the resting portion of the cycle.[62-610.523(4)]
4. Rapid infiltration basins shall be routinely maintained to control vegetation growth and to maintain percolation
capability by scarification or removal of deposited solids.Basin bottoms shall be maintained to be level. [62-
610.523(6)and(7)]
5. Routine aquatic weed control and regular maintenance of storage pond embankments and access areas are
required. [62-610.514 and 62-610.414]
6. Overflows from emergency discharge facilities on storage ponds or on infiltration ponds,basins,or trenches
shall be reported as abnormal events in accordance with Permit Condition IX.20. [62-610.800(9)]
14
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
V. OPERATION AND MAINTENANCE REQUIREMENTS
A. Staffing Requirements
1. During the period of operation authorized by this permit,the wastewater facilities shall be operated under the
supervision of a(n)operator(s)certified in accordance with Chapter 62-602,F.A.C. In accordance with Chapter
62-699,F.A.C.,this facility is a Category I,Class A facility and,at a minimum,operators with appropriate
certification must be on the site as follows:
A Class C or higher operator 8 hours/day for 7 days/week. The lead/chief operator must be a Class A operator,
or higher.
[62-620.630(3)1[62-699.310][62-610.462]
2. The lead/chief operator shall be employed at the plant full time. "Full time"shall mean at least 4 days per week,
working a minimum of 35 hours per week,including leave time. A licensed operator shall be on-site and in
charge of each required shift for periods of required staffing time when the lead/chief operator is not on-site.
An operator meeting the lead/chief operator class for the treatment plant shall be available during all periods of
plant operation. "Available"means able to be contacted as needed to initiate the appropriate action in a timely
manner. [62-699.311(10), (6)and(1)]
3. An operator meeting the lead/chief operator class for the plant shall be available during all periods of plant
operation. "Available"means able to be contacted as needed to initiate the appropriate action in a timely
manner. [62-699.311(1)]
B. Capacity Analysis Report and Operation and Maintenance Performance Report Requirements
1. Submit an updated capacity analysis report prepared in accordance with Rule 62-600.405,F.A.C., five years
from the date of issuance of this permit.[62-600.405(5)]
2. The application to renew this permit shall include an updated capacity analysis report prepared in accordance
with Rule 62-600.405,F.A.C. [62-600.405(5)]
3. The application to renew this permit shall include a detailed operation and maintenance performance report
prepared in accordance with Rule 62-600.735,F.A.C. [62-600.735(1)]
C. Recordkeeping Requirements
1. The permittee shall maintain the following records and make them available for inspection on the site of the
permitted facility.
a. Records of all compliance monitoring information,including all calibration and maintenance records and
all original strip chart recordings for continuous monitoring instrumentation,including,if applicable,a
copy of the laboratory certification showing the certification number of the laboratory,for at least three
years from the date the sample or measurement was taken;
b. Copies of all reports required by the permit for at least three years from the date the report was prepared;
c. Records of all data,including reports and documents,used to complete the application for the permit for at
least three years from the date the application was filed;
d. Monitoring information,including a copy of the laboratory certification showing the laboratory
certification number,related to the residuals use and disposal activities for the time period set forth in
Chapter 62-640,F.A.C.,for at least three years from the date of sampling or measurement;
e. A copy of the current permit;
f. A copy of the current operation and maintenance manual as required by Chapter 62-600,F.A.C.;
g. A copy of any required record drawings;
h. Copies of the licenses of the current certified operators;
15
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
i. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from
the date of the logs or schedules. The logs shall,at a minimum,include identification of the plant;the
signature and license number of the operator(s)and the signature of the person(s)making any entries;date
and time in and out;specific operation and maintenance activities,including any preventive maintenance or
repairs made or requested;results of tests performed and samples taken,unless documented on a laboratory
sheet;and notation of any notification or reporting completed in accordance with Rule 62-602.650(3),
F.A.C. The logs shall be maintained on-site in a location accessible to 24-hour inspection,protected from
weather damage,and current to the last operation and maintenance performed;and
j. Records of biosolids quantities,treatment,monitoring,and hauling for at least five years.
[62-620.350, 62-602.650, 62-640.650(4)]
VI. SCHEDULES
1. The following improvement actions shall be completed according to the following schedule:
1. Submit an updated capacity analysis report,per permit condition V.B.1. Within 5 years of
permit issuance
2. The permittee is not authorized to discharge to waters of the state after the expiration date of this permit,unless:
a. The permittee has applied for renewal of this permit at least 180 days before the expiration date of this
permit using the appropriate forms listed in Rule 62-620.910,F.A.C.,and in the manner established in the
Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under
Chapter 62-620,F.A.C.,including submittal of the appropriate processing fee set forth in Rule 62-4.050,
F.A.C.;or
b. The permittee has made complete the application for renewal of this permit before the permit expiration
date.
[62-620.335(1)-(4)]
VII. INDUSTRIAL PRETREATMENT PROGRAM REQUIREMENTS
1. This facility is not required to have a pretreatment program at this time.[62-625.500]
VIII. OTHER SPECIFIC CONDITIONS
1. The permittee shall comply with all conditions and requirements for reuse contained in their consumptive use
permit issued by the Water Management District,if such requirements are consistent with Department rules.
[62-610.800(10)]
2. In the event that the treatment facilities or equipment no longer function as intended,are no longer safe in terms
of public health and safety,or odor,noise,aerosol drift,or lighting adversely affects neighboring developed
areas at the levels prohibited by Rule 62-600.400(2)(a),F.A.C.,corrective action(which may include additional
maintenance or modifications of the permitted facilities)shall be taken by the permittee. Other corrective
action may be required to ensure compliance with rules of the Department. Additionally,the treatment,
management,use or land application of residuals shall not cause a violation of the odor prohibition in Rule 62-
296.320(2),F.A.C. [62-600.410(8)and 62-640.400(6)]
3. The deliberate introduction of stormwater in any amount into collection/transmission systems designed solely
for the introduction(and conveyance)of domestic/industrial wastewater;or the deliberate introduction of
stormwater into collection/transmission systems designed for the introduction or conveyance of combinations of
storm and domestic/industrial wastewater in amounts which may reduce the efficiency of pollutant removal by
the treatment plant is prohibited,except as provided by Rule 62-610.472,F.A.C. [62-604.130(3)]
4. Collection/transmission system overflows shall be reported to the Department in accordance with Permit
Condition IX.20. [62-604.550][62-620.610(20)]
16
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
5. The operating authority of a collection/transmission system and the permittee of a treatment plant are prohibited
from accepting connections of wastewater discharges which have not received necessary pretreatment or which
contain materials or pollutants(other than normal domestic wastewater constituents):
a. Which may cause fire or explosion hazards;or
b. Which may cause excessive corrosion or other deterioration of wastewater facilities due to chemical action
or pH levels;or
c. Which are solid or viscous and obstruct flow or otherwise interfere with wastewater facility operations or
treatment;or
d. Which result in the wastewater temperature at the introduction of the treatment plant exceeding 40°C or
otherwise inhibiting treatment;or
e. Which result in the presence of toxic gases,vapors,or fumes that may cause worker health and safety
problems.
[62-604.130(5)]
6. The treatment facility,storage ponds for Part II systems,rapid infiltration basins,and/or infiltration trenches
shall be enclosed with a fence or otherwise provided with features to discourage the entry of animals and
unauthorized persons. [62-610.518(1)and 62-600.400(2)(b)]
7. Screenings and grit removed from the wastewater facilities shall be collected in suitable containers and hauled
to a Department approved Class I landfill or to a landfill approved by the Department for receipt/disposal of
screenings and grit. [62-701.300(1)(a)]
8. Where required by Chapter 471 or Chapter 492,F.S.,applicable portions of reports that must be submitted
under this permit shall be signed and sealed by a professional engineer or a professional geologist,as
appropriate. [62-620.310(4)]
9. The permittee shall provide verbal notice to the Department's Central District Office as soon as practical after
discovery of a sinkhole or other karst feature within an area for the management or application of wastewater,
wastewater residuals(sludges),or reclaimed water. The permittee shall immediately implement measures
appropriate to control the entry of contaminants,and shall detail these measures to the Department's Central
District Office in a written report within 7 days of the sinkhole discovery. [62-620.320(6)]
10. The permittee shall provide adequate notice to the Department of the following:
a. Any new introduction of pollutants into the facility from an industrial discharger which would be subject to
Chapter 403,F.S.,and the requirements of Chapter 62-620,F.A.C.,if it were directly discharging those
pollutants;and
b. Any substantial change in the volume or character of pollutants being introduced into that facility by a
source which was identified in the permit application and known to be discharging at the time the permit
was issued.
Adequate notice shall include information on the quality and quantity of effluent introduced into the facility
and any anticipated impact of the change on the quantity or quality of effluent or reclaimed water to be
discharged from the facility.
[62-620.625(2)]
IX. GENERAL CONDITIONS
1. The terms,conditions,requirements,limitations,and restrictions set forth in this permit are binding and
enforceable pursuant to Chapter 403,Florida Statutes. Any permit noncompliance constitutes a violation of
Chapter 403,Florida Statutes,and is grounds for enforcement action,permit termination,permit revocation and
reissuance,or permit revision. [62-620.610(1)]
17
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
2. This permit is valid only for the specific processes and operations applied for and indicated in the approved
drawings or exhibits. Any unauthorized deviations from the approved drawings,exhibits,specifications,or
conditions of this permit constitutes grounds for revocation and enforcement action by the Department. [62-
620.610(2)]
3. As provided in subsection 403.087(7),F.S.,the issuance of this permit does not convey any vested rights or any
exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of
personal rights,nor authorize any infringement of federal,state,or local laws or regulations. This permit is not
a waiver of or approval of any other Department permit or authorization that may be required for other aspects
of the total project which are not addressed in this permit. [62-620.610(3)]
4. This permit conveys no title to land or water,does not constitute state recognition or acknowledgment of title,
and does not constitute authority for the use of submerged lands unless herein provided and the necessary title
or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust
Fund may express State opinion as to title. [62-620.610(4)]
5. This permit does not relieve the permittee from liability and penalties for harm or injury to human health or
welfare,animal or plant life,or property caused by the construction or operation of this permitted source;nor
does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules,unless
specifically authorized by an order from the Department. The permittee shall take all reasonable steps to
minimize or prevent any discharge,reuse of reclaimed water,or residuals use or disposal in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not
be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit. [62-620.610(5)]
6. If the permittee wishes to continue an activity regulated by this permit after its expiration date,the permittee
shall apply for and obtain a new permit. [62-620.610(6)]
7. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control,
and related appurtenances,that are installed and used by the permittee to achieve compliance with the
conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar
systems when necessary to maintain or achieve compliance with the conditions of the permit. [62-620.610(7)]
8. This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the
permittee for a permit revision,revocation and reissuance,or termination,or a notification of planned changes
or anticipated noncompliance does not stay any permit condition. [62-620.610(8)]
9. The permittee,by accepting this permit,specifically agrees to allow authorized Department personnel,including
an authorized representative of the Department and authorized EPA personnel,when applicable,upon
presentation of credentials or other documents as may be required by law,and at reasonable times,depending
upon the nature of the concern being investigated,to:
a. Enter upon the permittee's premises where a regulated facility,system,or activity is located or conducted,
or where records shall be kept under the conditions of this permit;
b. Have access to and copy any records that shall be kept under the conditions of this permit;
c. Inspect the facilities,equipment,practices,or operations regulated or required under this permit;and
d. Sample or monitor any substances or parameters at any location necessary to assure compliance with this
permit or Department rules.
[62-620.610(9)]
10. In accepting this permit,the permittee understands and agrees that all records,notes,monitoring data,and other
information relating to the construction or operation of this permitted source which are submitted to the
Department may be used by the Department as evidence in any enforcement case involving the permitted source
arising under the Florida Statutes or Department rules,except as such use is proscribed by Section 403.111,
F.S.,or Rule 62-620.302,F.A.C. Such evidence shall only be used to the extent that it is consistent with the
Florida Rules of Civil Procedure and applicable evidentiary rules. [62-620.610(10)]
18
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
11. When requested by the Department,the permittee shall within a reasonable time provide any information
required by law which is needed to determine whether there is cause for revising,revoking and reissuing,or
terminating this permit,or to determine compliance with the permit. The permittee shall also provide to the
Department upon request copies of records required by this permit to be kept. If the permittee becomes aware
of relevant facts that were not submitted or were incorrect in the permit application or in any report to the
Department,such facts or information shall be promptly submitted or corrections promptly reported to the
Department. [62-620.610(11)]
12. Unless specifically stated otherwise in Department rules,the permittee,in accepting this permit,agrees to
comply with changes in Department rules and Florida Statutes after a reasonable time for compliance;provided,
however,the permittee does not waive any other rights granted by Florida Statutes or Department rules. A
reasonable time for compliance with a new or amended surface water quality standard,other than those
standards addressed in Rule 62-302.500,F.A.C.,shall include a reasonable time to obtain or be denied a mixing
zone for the new or amended standard. [62-620.610(12)]
13. The permittee,in accepting this permit,agrees to pay the applicable regulatory program and surveillance fee in
accordance with Rule 62-4.052,F.A.C. [62-620.610(13)]
14. This permit is transferable only upon Department approval in accordance with Rule 62-620.340,F.A.C. The
permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the
Department. [62-620.610(14)]
15. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a
wastewater facility or activity and shall specify what steps will be taken to safeguard public health and safety
during and following inactivation or abandonment. [62-620.610(15)]
16. The permittee shall apply for a revision to the Department permit in accordance with Rules 62-620.300,F.A.C.,
and the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under
Chapter 62-620,F.A.C.,at least 90 days before construction of any planned substantial modifications to the
permitted facility is to commence or with Rule 62-620.325(2),F.A.C.,for minor modifications to the permitted
facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300,
F.A.C. [62-620.610(16)]
17. The permittee shall give advance notice to the Depaiunent of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.The permittee shall be responsible for
any and all damages which may result from the changes and may be subject to enforcement action by the
Department for penalties or revocation of this permit. The notice shall include the following information:
a. A description of the anticipated noncompliance;
b. The period of the anticipated noncompliance,including dates and times;and
c. Steps being taken to prevent future occurrence of the noncompliance.
[62-620.610(17)]
18. Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246 and Chapters
62-160,62-601,and 62-610,F.A.C.,and 40 CFR 136,as appropriate.
a. Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported
on a Discharge Monitoring Report(DMR),DEP Form 62-620.910(10),or as specified elsewhere in the
permit.
b. If the permittee monitors any contaminant more frequently than required by the permit,using Department
approved test procedures,the results of this monitoring shall be included in the calculation and reporting of
the data submitted in the DMR.
c. Calculations for all limitations which require averaging of measurements shall use an arithmetic mean
unless otherwise specified in this permit.
19
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
d. Except as specifically provided in Rule 62-160.300,F.A.C.,any laboratory test required by this permit shall
be performed by a laboratory that has been certified by the Department of Health Environmental
Laboratory Certification Program(DOH ELCP). Such certification shall be for the matrix,test method and
analyte(s)being measured to comply with this permit. For domestic wastewater facilities,testing for
parameters listed in Rule 62-160.300(4),F.A.C.,shall be conducted under the direction of a certified
operator.
e. Field activities including on-site tests and sample collection shall follow the applicable standard operating
procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160,F.A.C.
f. Alternate field procedures and laboratory methods may be used where they have been approved in
accordance with Rules 62-160.220,and 62-160.330,F.A.C.
[62-620.610(18)J
19. Reports of compliance or noncompliance with,or any progress reports on,interim and final requirements
contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days
following each schedule date. [62-620.610(19))
20. The permittee shall report to the Department's Central District Office any noncompliance which may endanger
health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee becomes aware of the circumstances. A written submission shall also be provided within five days of
the time the permittee becomes aware of the circumstances. The written submission shall contain:a description
of the noncompliance and its cause;the period of noncompliance including exact dates and time,and if the
noncompliance has not been corrected,the anticipated time it is expected to continue;and steps taken or
planned to reduce,eliminate,and prevent recurrence of the noncompliance.
a. The following shall be included as information which must be reported within 24 hours under this
condition:
(1) Any unanticipated bypass which causes any reclaimed water or effluent to exceed any permit
limitation or results in an unpermitted discharge,
(2) Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit,
(3) Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the
permit for such notice,and
(4) Any unauthorized discharge to surface or ground waters.
b. Oral reports as required by this subsection shall be provided as follows:
(1) For unauthorized releases or spills of treated or untreated wastewater reported pursuant to
subparagraph(a)4.that are in excess of 1,000 gallons per incident,or where information indicates that
public health or the environment will be endangered,oral reports shall be provided to the STATE
WARNING POINT TOLL FREE NUMBER(800)320-0519,as soon as practical,but no later than 24
hours from the time the permittee becomes aware of the discharge.The permittee,to the extent known,
shall provide the following information to the State Warning Point:
(a) Name,address,and telephone number of person reporting;
(b) Name,address,and telephone number of permittee or responsible person for the discharge;
(c) Date and time of the discharge and status of discharge(ongoing or ceased);
(d) Characteristics of the wastewater spilled or released(untreated or treated,industrial or domestic
wastewater);
(e) Estimated amount of the discharge;
(f) Location or address of the discharge;
(g) Source and cause of the discharge;
(h) Whether the discharge was contained on-site,and cleanup actions taken to date;
(i) Description of area affected by the discharge,including name of water body affected,if any;and
(j) Other persons or agencies contacted.
(2) Oral reports,not otherwise required to be provided pursuant to subparagraph b.1 above,shall be
provided to the Department's Central District Office within 24 hours from the time the permittee
becomes aware of the circumstances.
20
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
c. If the oral report has been received within 24 hours,the noncompliance has been corrected,and the
noncompliance did not endanger health or the environment,the Department's Central District Office shall
waive the written report.
[62-620.610(20)]
21. The permittee shall report all instances of noncompliance not reported under Permit Conditions IX.17.,IX.18.,
or IX.19.of this permit at the time monitoring reports are submitted. This report shall contain the same
information required by Permit Condition IX.20.of this permit. [62-620.610(21)1
22. Bypass Provisions.
a. "Bypass"means the intentional diversion of waste streams from any portion of a treatment works.
b. Bypass is prohibited,and the Department may take enforcement action against a permittee for bypass,
unless the permittee affirmatively demonstrates that:
(1) Bypass was unavoidable to prevent loss of life,personal injury,or severe property damage;and
(2) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
retention of untreated wastes,or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance;and
(3) The permittee submitted notices as required under Permit Condition IX.22.c.of this permit.
c. If the permittee knows in advance of the need for a bypass,it shall submit prior notice to the Department,if
possible at least 10 days before the date of the bypass. The permittee shall submit notice of an
unanticipated bypass within 24 hours of learning about the bypass as required in Permit Condition[X.20.of
this permit. A notice shall include a description of the bypass and its cause;the period of the bypass,
including exact dates and times;if the bypass has not been corrected,the anticipated time it is expected to
continue;and the steps taken or planned to reduce,eliminate,and prevent recurrence of the bypass.
d. The Department shall approve an anticipated bypass,after considering its adverse effect,if the permittee
demonstrates that it will meet the three conditions listed in Permit Condition IX.22.b.(1)through(3)of this
permit.
e. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to
be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject
to the provisions of Permit Condition IX.22.b.through d.of this permit.
[62-620.610(22)]
23. Upset Provisions.
a. "Upset"means an exceptional incident in which there is unintentional and temporary noncompliance with
technology-based effluent limitations because of factors beyond the reasonable control of the permittee.
(1) An upset does not include noncompliance caused by operational error,improperly designed treatment
facilities,inadequate treatment facilities,lack of preventive maintenance,careless or improper
operation.
(2) An upset constitutes an affirmative defense to an action brought for noncompliance with technology
based permit effluent limitations if the requirements of upset provisions of Rule 62-620.610,F.A.C.,
are met.
b. A permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly
signed contemporaneous operating logs,or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s)of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required in Permit Condition IX.20.of this permit;and
(4) The permittee complied with any remedial measures required under Permit Condition[X.5.of this
permit.
c. In any enforcement proceeding,the burden of proof for establishing the occurrence of an upset rests with
the permittee.
21
PERMITTEE: Ocoee,City of PERMIT NUMBER: FLA010815-007
FACILITY: Ocoee WWTF EXPIRATION DATE: May 12,2023
(Revised 5-2013)
d. Before an enforcement proceeding is instituted,no representation made during the Department review of a
claim that noncompliance was caused by an upset is final agency action subject to judicial review.
[62-620.610(23)]
Executed in Orlando,Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Christianne C.Ferraro, .E.
Program Administrator
Water Facilities Permitting
Date:May 13,2013
Attachment(s):
Discharge Monitoring Report
"Pathogen Monitoring"Form
Map of the General Reuse Service Area
22
*i_..,A44
ocoY e
fforida
RFP CONFLICT OF INTEREST DISCLOSURE FORM
The award of this contract is subject to the provisions of Chapter 112,Florida Statutes. All Proposers
must disclose within their Proposal: the name of any City of Ocoee employee,Mayor or City
Commissioner,other City Official, or City Consultants, or any FEMA,FHWA, FDOT employee,who
owns assets or capital stock, directly or indirectly, in the Proposer's firm or any of its branches, or would
directly or indirectly benefit by the profits or emoluments of this proposal. (Indirect ownership or benefit
applies to any members of his or her immediate family.) Proposer certifies that no member of the entity's
ownership or management is presently applying for an employee position or actively seeking an elected
position with the City. In the event that a conflict of interest is identified in the provision of services,
Proposer agrees to immediately notify the City in writing.
The purpose of this disclosure form is to give the City the information needed to identify potential
conflicts of interest for the City Commission, Evaluation Committee members,and other key City
employees and consultants involved in the award of this contract.
According to Chapter 112,Florida Statutes,the term"conflict of interest""means a situation in which
regard for a private interest tends to lead to disregard of a public duty or interest",and refers to situations
in which financial or other personal considerations may adversely affect,or have the appearance of
adversely affecting,an employee's professional judgment in exercising any City duty or responsibility in
administration,management, instruction,research,or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
To the best of our knowledge,the undersigned firm has no potential conflict of interest
for this Proposal.
The undersigned firm,by attachment to this form, submits information which may be a
potential conflict of interest for this Proposal.
Acknowledged by:
Firm Name
Signature
Name and Title(Print or Type)
Date
RFP20-001_Laboratory_Services 34
COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THE RFP INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR PROPOSAL. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND
UNDERSTAND ALL RFP INSTRUCTIONS AND THAT YOU UNDERSTAND THAT THE
SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING
CONTRACT WITH THE CITY OF OCOEE.
COMPANY NAME TELEPHONE(INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE(PLEASE PRINT)
STREET ADDRESS
CITY STATE ZIP
FEDERAL ID#
Individual Corporation Partnership Other
(Specify)
Sworn to and subscribed before me this day of ,20 .
Personally Known or
Produced Identification
Notary Public-State of
(Type of Identification) County of
Signature of Notary Public
Printed,Typed or Stamped Commissioned
Name of Notary Public
RFP20-001_Laboratory_Services 35
EXHIBIT "E"
PROPOSED AGREEMENT FOR
RFP #20-001 LABORATORY SERVICES FOR CITY WATER &WASTEWATER FACILITIES
THIS AGREEMENT FOR LABORATORY SERVICES FOR CITY WATER &
WASTEWATER FACILITIES (this "Agreement") is made this day of , 2020,
by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address
is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the"City") and
, a corporation, whose mailing address is
(hereinafter referred to as the"Contractor").
WITNESSETH:
WHEREAS, the City desires to enter into an Agreement with the Contractor to perform the
work set forth in that certain Request for Proposals RFP #20-001 (the "Work"), and any
amendments thereto being attached hereto as Exhibit"A"; and
WHEREAS, the Contractor is capable of performing the Work and agrees to perform the Work
pursuant to the terms of this Agreement, and for the amounts specified in the Contractor's
Proposal, the Contractor's Proposal and any amendments thereto being attached hereto as
Exhibit"B".
NOW THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Scope of Agreement. The terms and conditions of Exhibit"A attached hereto as well
as the terms and conditions of Exhibit "B" attached hereto are incorporated by reference herein
as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all
materials, tools, equipment, labor, supervision, and consumables to complete the Work.
Section 2. Term of Agreement. This Agreement shall consist of one (1) initial three (3) year
term beginning on (the "Effective Date"), with two (2) separate
automatic one-year extensions, for a total of five (5) years, unless terminated by the City upon
the issuance of written notice by the City to the Contractor provided not later than thirty (30)
days prior to the expiration of any renewal year term. The City shall have the option of extending
the term an additional one (1) year. Each term is renewable with the condition that the City's
obligation to pay under this Agreement for each year is contingent upon the City in its good faith
judgment having sufficient funds to make an annual appropriation for the work to be provided
under this agreement.
Section 3. Compensation. Contractor agrees to provide the services and materials as specified
in Exhibit "A" for the amount specified in Exhibit "B". The amount as specified in Exhibit "B"
may be increased or decreased by the City under the Extra Work provision of this Agreement,
through the issuance of an Addendum, if applicable. Any prices specified in this Agreement,
RFP20-001_Laboratory_Services 36
will remain firm for the initial three (3) year term of this Agreement. After the initial three (3)
year term of this Agreement, price adjustments will be allowed pursuant to the Price Adjustment
provision of this Agreement.
Section 4. Payment. All invoices received by the City are payable within (30) days from
receipt, provided they have first been approved by the City, and the City has accepted the Work
for which payment is sought. The City reserves the right, with justification, to partially pay any
invoice submitted by the Contractor. All invoices shall be in duplicate and directed to: City of
Ocoee, Accounts Payable, 150 North Lakeshore Drive, Ocoee, Florida 34761-2258. All invoices
must be clearly marked: City Agreement #RFP 20-001 Laboratory Services for City Water
&Wastewater Facilities.
Section 5. General Conditions.
A. Patents and Copyrights. The Contractor shall pay all royalties and assume all costs
arising from the use of any invention, design, process, materials, equipment, product or
device in performance of the Work, which is the subject of patent rights or copyrights.
Contractor shall, at its own expense, hold harmless and defend the City against any claim,
suit or proceeding brought against the City which is based upon a claim, whether rightful
or otherwise, that the Work, or any part thereof, furnished under this Agreement,
constitutes an infringement of any patent or copyright of the United States. The
Contractor shall pay all damages and costs awarded against the City.
B. Termination for Default.
1) The performance of Work under this Agreement may be terminated by the City,
in whole or in part, in writing, whenever the City shall determine that the Contractor has
failed to meet the performance requirements of this Agreement.
2) The City has a right to terminate for default if the Contractor fails to perform the Work,
or if the Contractor fails to perform the Work within the time specified in the Agreement,
or if the Contractor fails to perform any other provisions of the Agreement.
3) Failure of a Contractor to perform the required Work within the time specified, or
within a reasonable time as determined by the City or failure to redo the Work when so
requested, immediately or as directed by the City, shall constitute authority for the City to
hire another contractor to perform the Work. In all such cases, the Contractor or his
surety, shall reimburse the City, within a reasonable time specified by the City, for any
expense incurred in excess of the Agreement prices.
4) Should public necessity demand it, the City reserves the right to utilize services
which are substandard in quality, subject to an adjustment in price to be determined by
the City. The Contractor shall not be liable for any excess costs if acceptable evidence
has been submitted to the City that failure to perform the Work was due to causes beyond
the control and without the fault or negligence of the Contractor.
5) Termination for Convenience. The City may terminate this Agreement at its
convenience with thirty (30) days advance written notice to the Contractor. In the event
of such a termination by the City, the City shall be liable for the payment of all Work
properly performed prior to the effective date of termination and for all portions of
RFP20-001_Laboratory_Services 37
materials, supplies, services, and facility orders which cannot be cancelled and were
placed prior to the effective date of termination and other reasonable costs associated
with the termination.
C. Warranty. The Contractor warrants that the Work including equipment and materials
provided shall conform to professional standards of care and practice in-effect at the time
the Work is performed, be of the highest quality, and be free from all faults, defects or
errors. If the Contractor is notified in writing of a fault, deficiency or error in the Work
provided within one (1) year from completion of the Work, the Contractor shall, at the
City's option, either redo such portions of the Work to correct such fault, defect or error,
at no additional cost to the City or refund to the City the charge paid by the City which is
attributable to such portions of the faulty, defective or erroneous Work, including the
costs for obtaining another Contractor to redo the Work.
ALL MATERIALS PROVIDED BY THE CONTRACTOR, SHALL BE
MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED.
THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE
RESULTING FROM ANY WORK PERFORMED UNDER THIS
AGREEMENT.
D. Time of Completion. The parties understand and agree that time is of the essence in the
performance of this Agreement. The Contractor agrees that all Work shall be performed
regularly, diligently, and uninterrupted within the time specified. The Contractor or City,
respectively, shall not be liable for any loss or damage, resulting from any delay or
failure to perform its contractual obligations within the time specified, due to acts of God,
actions or regulations by any governmental entity or representative, strikes or other labor
trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole
or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials,
labor, fuel or supplies for any reason including default of suppliers, or any other causes,
contingencies or circumstances not subject to the Contractor's or City's control,
respectively, whether of a similar or dissimilar nature, which prevent or hinder the
performance of the Contractor's or City's contractual obligations, respectively. Any such
causes of delay shall extend the time of the Contractor's or City's performance
respectively, by the length of the delays occasioned thereby, including delays reasonably
incident to the resumption of normal Work schedules. However, under such
circumstances as described herein, the City may at its discretion, cancel this Agreement
for the convenience of the City.
E. Indemnification. To the fullest extent provided by law, Contractor shall indemnify,
defend and hold harmless the City and all of its officers, agents and employees from all
claims, loss, damage, cost, charges or expense including, but not limited to reasonable
attorneys' fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of Contractor, its agents, employees, or subcontractors during the
RFP20-001_Laboratory_Services 38
performance of the Agreement. The City shall use its best efforts to promptly notify the
Contractor in writing of any Claims and shall provide the Contractor with information
regarding the Claims as the Contractor may reasonably request, but the failure to give
such notice or provide such information shall not diminish the obligations of the
Contractor under this Section. No Claims whatsoever shall be made or asserted against
the City by the Contractor for or on account of anything done or as a result of anything
done or omitted to be done in connection with this Agreement.
F. Correction of Work. The Contractor shall promptly correct all Work rejected by the City
as faulty, defective, or failing to conform to this Agreement whether observed before or
after substantial completion of the Work. The Contractor shall bear all costs of correcting
such rejected Work. In the event that Contractor fails to timely mow or otherwise
maintain a portion of the work, then the City, at its sole discretion and without waiving
any other rights or remedies under this Agreement, may deduct from any amounts due
under this Agreement, the actual cost paid by the City to a third party to perform the
work. If the City performs such work with its own personnel then the City may deduct
from any amounts due under this Agreement such amount equal to what the Contractor
would have charged for doing the work, plus 15% of such amount.
G. Right to Audit Records. The City shall be entitled to audit the books and records of the
Contractor or any sub-contractor to the extent that such books and records relate to the
performance of this Agreement or any sub-contract to this Agreement. Such books and
records shall be maintained by the Contractor for a period of three (3) years from the date
of final payment under this Agreement and by the sub-contractor for a period of three (3)
years from the date of final payment under the sub-contract unless a shorter period is
otherwise authorized in writing.
H. Information. All information, data, designs, plans, drawings, and specifications furnished
to or developed for the City by the Contractor or its employees, pursuant to this
Agreement, shall be the sole property of the City and all rights therein are reserved by the
City, except that the Contractor may disclose any such information to its corporate
affiliates and their agents.
I. Safety Measures. The Contractor shall take all necessary precautions for the safety of the
City's and Contractor's employees and the general public and shall erect and properly
maintain at all times all necessary vehicular and facility safeguards for the protection of
the workers and public. If necessary, the Contractor shall post signs warning against
hazards in and around the work site.
J. Extra Work. The City, without invalidating this Agreement, may order changes in the
Work within the general scope of this Agreement consisting of additions, deletions, or
other revisions, the Agreement price and time being adjusted accordingly. All such
changes in the Work shall be authorized by a written Addendum to this Agreement, and
shall be executed under the applicable conditions of the Agreement.
RFP20-001_Laboratory_Services 39
K. Price Adjustments. Pricing is firm for the initial three (3) year term of this agreement.
For the renewal terms of this Agreement, if the Contractor proposes to make a price
adjustment, the Contractor shall first give the City written notice thereof, with
explanations stated for the price adjustment, and such notice shall be given at least one
hundred-twenty (120) calendar days prior to the one (1) year renewal term for which the
price adjustment is sought. Nothing contained herein shall affect the City's right to
terminate this Agreement for Convenience as provided herein.
L. Familiarity with The Work. The Contractor by executing this Agreement, acknowledges
full understanding of the extent and character of the Work required and the conditions
surrounding the performance thereof The City will not be responsible for any alleged
misunderstanding of the Work to be furnished or completed, or any misunderstanding of
conditions surrounding the performance thereof It is understood that the execution of
this Agreement by the Contractor serves as the Contractor's stated commitment to fulfill
all the conditions referred to in this Agreement.
Section 6. Miscellaneous Provisions.
RFP20-001_Laboratory_Services 40
A. The Contractor shall not employ subcontractors without the advance written permission of
the City.
B. No assignment by a party hereto of any rights under, or interests in, the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically, but without limitation, moneys that may become due, and moneys that
are due, may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may
assign this contract to the State of Florida or any political subdivision, municipality, special
district or authority thereof without Contractor's consent and without recourse.
C. The Contractor shall comply with all applicable federal, state and local laws, ordinances,
rules and regulations pertaining to the performance of Work under this Agreement.
D. No waiver, alterations, consent or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by the City.
E. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of
plans or specifications as may be required by federal, state and local laws, ordinances, rules, and
regulations, for the proper execution and completion of the Work under this Agreement.
F. The Contractor shall at all times, keep the Work area free from accumulation of waste
materials or rubbish caused by its operations, and promptly remove any such materials to an
approved disposal location.
G. The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials,
tools, equipment, and consumables, left on City property by the Contractor.
H. This Agreement is considered a non-exclusive Agreement between the parties.
I. This Agreement is deemed to be under and shall be governed by, and construed according to,
the laws of the State of Florida. The parties agree that the provisions of Chapter 558, Florida
Statutes are not applicable to this Agreement.
J. Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the Contractor and
Owner that each of the parties do hereby waive trial by jury in any action, proceeding or claim
which may be brought by either of the parties hereto against the other on any matters concerning
or arising out of this Agreement. The parties further agree that the sole and exclusive venue for
any action to enforce this agreement shall be in The Circuit Court of the Ninth Judicial Circuit in
and for Orange County, Florida.
K. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
L. The undersigned hereby certify that this Agreement is made without prior understanding,
agreement or connection with any corporation, firm or person who submitted proposals for the
Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to
Contractor, the undersigned hereby warrants and certifies that it is authorized to enter into this
Agreement and to execute same on behalf of the Contractor as the act of the said Contractor.
M. This Agreement, including Exhibit "A" and Exhibit "B", contains all the terms and
conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed to exist or to bind either party hereto.
RFP20-001_Laboratory_Services 41
PUBLIC RECORDS COMPLIANCE
The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes.
The Contractor agrees to comply with Florida's Public Records Law. Specifically, the
Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the City.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City
all public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public record to
the City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City,
upon request from the City's custodian of public records, in a format that is compatible
with the information technology systems of the City.
5. A Contractor who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 407-905-3100, EXTENSION 1022, CCDL@ci.ocoee.fl.us,
WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE,
OCOEE, FLORIDA 34761.
(Signature Page Follows)
RFP20-001_Laboratory_Services 42
IN WITNESS WHEREOF, Contractor and the City have caused this Agreement for Laboratory
Services for City Water & Wastewater Facilities to be executed by their duly authorized officers
as of the day and year first above written.
CONTRACTOR:
BY:
PRINT NAME:
TITLE:
WITNESSES:
NAME: NAME:
TITLE: TITLE:
OWNER: CITY OF OCOEE,FLORIDA
ATTEST: APPROVED:
BY: BY:
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND LEGALITY on , 2020,under Agenda Item .
this day of , 2020
SHUFFIELD, LOWMAN&WILSON, P.A.
BY:
Scott A. Cookson,City Attorney
END OF SECTION
RFP20-001_Laboratory_Services 43
EXHIBIT "A"
SCOPE OF SERVICES
RFP#20-001
(To be added at time of execution)
RFP20-001_Laboratory_Services 44
EXHIBIT "B"
CONTRACTOR'S PROPOSAL
(To be added at time of execution)
RFP20-001_Laboratory_Services 45