HomeMy WebLinkAbout2002 Azurix Water TreatmentAsu'rix
Azurix North America
Florida Operations & Maintenance Division
Region 11
4925 Cross Bayou Blvd.
New Port Richey, FL 34652
(727) 848-4103 • Fax (717) 848-9540
(888) 934-1926 Toll Free
OPERATION SERVICES AGREEMENT
(PROPOSAL)
BETWEEN
SEBASTIAN GOLF COURSE
and
AZURIX OF NORTH AMERICA OPERATIONS & MAINTENANCE, INC.
FLORIDA OPERATIONS AND MAINTENANCE DIVISION
THIS AGREEMENT is to commence on the I" day of December, 2002, between Azurix of
North America Operations & Maintenance, Inc. — Florida Operations & Maintenance Division,
whose address is 4925 Cross Bayou Blvd., New Port Richey, Florida, 34652, hereinafter referred to as
Contractor, and Sebastian Golf Course, whose mailing address is 1225 Main Street, Sebastian, FL
32958, and who is hereinafter referred to as Owner.
IN CONSIDERATION of the mutual covenants contained herein, and other valuable
considerations, the sufficiency of which is hereby acknowledged by both parties, including the details
herein, the parties do hereby promise, covenant and agree as follows:
Azurix North America Operations & Maintenance, Inc. — Florida Operations &
Maintenance Division will provide operation services related to your Sebastian Golf Course facility
located in Indian River County, Florida as follows:
I. Operation of Water Treatment Facilities:
(A) Contractor will provide required visits to Water facility with a minimum Class
"C" certified water plant operator, 15 minutes per day, 2 days per week.
(B) Contractor will maintain accurate and complete records on plant operation and
laboratory data as required by the Florida Department of Environmental
Protection (FDEP) and County Health Department, submit and fulfill all operating
report requirements and send copies to Owner. Contractor will prepare monthly
reports as required by FDEP.
(C) Contractor will ensure safe, efficient operations, and will conduct inspections of
water facilities to detect malfunctions. Contractor will notify Owner of necessary
repairs and if authorized by Owner, at Owner's expense, initiate corrective
actions.
GLOBAL WATER SOLUTIONS
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(D) Contractor will perform quarterly compliance sampling for required parameters
for water quality analysis. Contractor will perform such testing necessary to
maintain requirements required by the FDEP.
(E) Contractor will coordinate with Owner for full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, both state and federal.
(F) Contractor will coordinate lab activities: establish sampling procedures and test
schedules.
(G) Contractor will perform water field testing for chlorine residual and flow
calculations.
H. PAYMENT SCHEDULE.
1. $ 158.00 plus sampling costs due for Item 1 in accordance with 42 below_ Quarterly
sampling costs will be $60.00 and annual Nitrate Nitrite sample cost will be $72.00.
2. You will be billed in a lump sum when the project is completed (or monthly as a
percentage of the work completed), and this proposal assumes prompt payment of
all invoices. Any invoices remaining unpaid 30 days after billing will be assessed
interest at an interest rate of 1.5% per month.
3. The above prices do not include any services or materials not specifically listed above.
Contractor shall obtain line locations for other utilities in the Right of Way, however
Owner shall be responsible for locating lines on his/her own property. Contractor shall
not be held responsible for lines that are not marked prior to construction.
4. Should it become necessary to perform services or provide materials outside those listed
in I. above, we will provide you with a proposal, which must be accepted, signed and
returned to us before we will undertake any such work.
(III.) Insurance. Contractor will carry and maintain throughout the period of this contract at
Contractor's sole expense, Commercial General Liability Insurance with a $2,000,000.00
limit, Professional Liability Insurance with a 1,000,000.00 limit and Workers
Compensation Limits as required by law.
IV. DURATION OF AGREEMENT. The stated term of this contract if for one calendar year,
with the option to renew at adjusted rates on the anniversary of the contract. Either party may
cancel or terminate this contract for any reason after a written ninety (90) day notice. Contractor
reserves the right to cancel this agreement without ninety (90) days written notice if Owner's
account becomes thirty (30) days past due.
V. ATTORNEY'S FEES. This Agreement may be enforced in a court of competent
jurisdiction. The prevailing party in such action shall be entitled to all costs and reasonable
attorney's fees related to litigation. This includes, but is not limited to, all costs incurred in any
attempt to collect on this contract, as well as any court filing fees.
This proposal, consisting of 3 pages, represents the entire understanding between you and us in respect to
the Project and may only be modified in writing, signed by both parties. If it satisfactorily sets forth your
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understanding of our agreement, please sign both copies of the agreement in the space provided and
return one copy to us at your earliest convenience.
This proposal will remain open for acceptance until March 1, 2003, unless changed by us in writing.
ACCEPTED BY:
i
Signature:
Print Name
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JodoM eyer
Regional Manager
Azurix North America Operations &
Maintenance, Inc.
Florida Operations & Maintenance Division