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#14-6260 (EQ Florida, Inc.) THE ENVIRONMENTAL QUALITY COMPANY CORPORATE OFFICE'36255 MICHIGAN AVENUE *WAYNE,MICHIGAN 48184•tel 800-592-5489•fax 800-592-5329 May 7,2014 Collier County Purchasing Department Brenda Brilhart,Procurement Strategist 3327 Tamiarni Trail E Naples, FL 34112 Dear Ms. Brilhart: This letter shall confirm that Gene Cieply, General Manager of EQ Florida, Inc., has authorization to sign on behalf of, and bind EQ Florida, Inc. to any contract with Collier County, Florida, for handling of hazardous wastes management services. If you have any questions and/or require any additional information, please do not hesitate to contact me. Sincerely, David M. Lusk President &CEO DI/am EQ IS THE ANSWER A WWW.EQONLINE.COM AGREEMENT14-6260 for Hazardous Materials Management Contractor THIS AGREEMENT, made and entered into on this a3' day of `,A' ^"St''LA...) 2014, by and between EQ Florida, Inc., authorized to do business in the State of Florida, whose business address is 7202 East 8th Avenue, Tampa, Florida 33619, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner"): WITNESSETH: 1. COMMENCEMENT. The contract shall be effective at time of Board award. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 2. CONTRACT TERM. The contract shall be for a one (1) year period. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide collection, identification, packaging, shipping, transportation and proper disposal of all hazardous chemicals/materials from the Household Hazardous Waste Collection Centers on a regularly scheduled basis in accordance with the terms and conditions of Exhibit A Scope of Services, Bid #14-6260, and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule (Exhibit B) offered by the Contractor in his bid, together with the cost of any other charges/fees submitted in the proposal. In addition, the Contractor hereby agrees that any requested parameters or items not Page 1 of 27 CP included in the bid schedule shall be performed at a discount of thirty percent (30%) from the Contractors prevailing retail price list at the time of the order. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non-bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption# 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: EQ Florida, Inc. 7202 East 8th Avenue Tampa, Florida 33619 Attention: Gene Cieply, General Manager Telephone: (813) 495-1060 Facsimile: (813) 628-0842 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: (239) 252-8407 Facsimile: (239) 252-6480 CA Page 2 of 27 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Page 3 of 27 CAO 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. BONDS (Exhibit C) If the work is in excess of two hundred thousand dollars ($200,000), the Contractor shall be required to provide Payment and Performance Bonds. A. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit"C". B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Pollution Liability- $1,000,000 Per Occurrence. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page 4 of 27 0 Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 14.1 The duty to defend under this Article 14 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 16. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A Scope of Services, Exhibit B Price Schedule, Exhibit C Bonds, Contractor's Proposal, Page 5 of 27 Cq Insurance Certificate(s), Performance and Payment Bonds, Bid #14-6260 Specifications/Scope of Services and Addenda. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 0 Page 6 of 27 24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 25. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 26. CONTRACT STAFFING: The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the Contract requirements. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 27. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Bid #14-6260 and/or the Contractor's Proposal, the Contract Documents shall take precedence. 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of Page 7 of 27 illt their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ***********************Remainder of Page Intentionally Left Blank******************************* Page 8 of 27 0 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER CO TY, F RIDA Dwight E. Brock, Cl-rk of Courts • • - By:� Tom Henning, Chairman ' Dated:" pal 19 A EM `Chairman's s.ignatureonly Contractor EQ Florida, Inc. („Cr-cu ti Saate-, By: First itness gnature - TType/print w.is- •ameT TType/print signatu e and titleT Second ness 1e.. TType/print witness nameT • ppro -d as to or and Legalit : / �� 4,1 County Attorney aer-� SCnC/ 12 Print Name Page9of27 EXHIBIT A Scope of Services To provide services to include collection, identification, packaging, shipping, transportation, and proper disposal of all hazardous materials, including e-waste, from the Hazardous Materials Collection Center, Recycling Drop-off Centers, and all Collier County government-owned properties, including waste collection from Conditionally Exempt Small Quantity Generator (CESQG) throughout the County and emergency response cleanout. The County operates one (1) Hazardous Material Collection Center and five (5) Recycling Drop-off Centers which need to have proper cleanout and disposal of hazardous materials on a regularly scheduled basis to be in compliance with regulations and code. Collier County maintains five (5)permanent Recycling Drop-off Centers located at: 1. 2640 W. Enterprise Ave., Naples 2. 990 Chalmers Drive, Marco Island 3. 700 Stockade Road, Immokalee 4. 9950 Goodlette Frank Road N., Naples 5. Carnestown at 31201 E. Tamiami Trail One (1) Hazardous Waste Collection Center is maintained at 3728 White Lake Blvd., Naples, FL. The Contractor will respond to emergency clean ups, collect, identify, package, ship, transport, and dispose of hazardous materials, including e-waste, derived from County- owned hazardous waste collection facilities, County-sponsored special events, and other County-owned facilities as necessary. The County will order services on an as-needed basis. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/services described in the Scope of Services. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this contract. Timetable E-waste cleanouts are normally scheduled every two (2) weeks from January through April, and every three (3)weeks from May through December. Hazardous waste cleanouts are normally scheduled every two (2)months at two (2) locations. Extra cleanouts are scheduled when collection events are held and in emergency situations following severe weather events. CAO Page 10 of 27 During the contract period, the Contractor: 1. Shall be properly licensed to collect, transport, recycle, store, and dispose of hazardous waste. 2. Shall own and operate a Florida Department of Environmental Protection- licensed Hazardous Waste Treatment Storage and Disposal Facility (TSDF) in Florida. At the Contractor and any and all Subcontractors 3. Any Subcontractors shall be licensed to collect, transport, store and dispose of hazardous waste. 4. Shall submit the Contractor's and any or all Subcontractor's Environmental Protection Agency (EPA) Identification Number and proof of the Department of Environmental Protection Hazardous Waste Transporter Registration. Definitions: For the purpose of this Contract the following definitions shall apply. County shall indicate Collier County. FDEP shall indicate Florida Department of Environmental Protection RCRA shall indicate Resource Conservation and Recovery Act EPA shall indicate US Environmental Protection Agency DOT shall indicate US Department of Transport CERCLA shall indicate Comprehensive Environmental Response, Compensation and Liability Act TSDF shall indicate a treatment, storage and disposal facility. SQG shall indicate a Small Quantity Generator of hazardous waste. Small Quantity Generators are those businesses generating between 220 and 2,200 pounds of hazardous waste or greater than 2.2 pounds of an acute hazardous waste per month. CESQG shall indicate a Conditionally Exempt Small Quantity Generator. Contract Manager shall be the Solid and Hazardous Waste Management Department Director, or his/her designee. Wherever the term "Contract Manager" is used that term shall be read as including"or his/her designee." HHW shall indicate Household Hazardous Waste. cA0 Page 11 of 27 Contractor's Responsibilities: General The Contractor collects, identifies, packages, ships, transports and disposes of all hazardous wastes and materials, including e-waste, designated by the County staff. The County reserves the right to coordinate with other companies for the transportation, recycling and disposal of wastes which are recyclable (i.e., batteries, fluorescent light tubes, used oil, antifreeze, waste fuel, electronics), non- hazardous (i.e., latex paints, acrylic paints), propane gas cylinders and solid wastes (i.e., trash, litter). Contractor will provide receipt, collection, identification, packaging, shipping, transport and disposal of any hazardous material, not able to be classified under the household hazardous waste exemption, at the Collier County Landfill and/or the Immokalee Transfer station at an hourly rate plus disposal cost. This service will be provided when the Contractor is in the Naples area for a site cleanout. The Contractor will be notified prior to the regularly scheduled pickup at the recycling drop-off centers and the Hazardous Material Collection Center. The Contractor shall provide competent, qualified and trained personnel, all the necessary equipment and materials (including, but not limited to, tables, generators, lab instruments, tents, scales, communication equipment, emergency response kits, manifests, solid waste dumpsters, packaging materials), receiving services, disposal services, and agency coordination in accordance with all applicable local, state, and federal ordinances, codes, rules and regulations, including, but not limited to, Collier County Government, local Fire Marshal, FDEP, Occupational Safety and Health Administration, EPA, and the DOT. The Contractor shall provide four (4) distinct services as follows: A. Receipt, collection, identification, packaging, shipping, transport, and disposal of HHW, including e-waste, from the County's Recycling Drop-off and Hazardous Materials Collection Centers, and any future sites, as needed, to be determined by the County. B. Receipt, collection, identification, packaging, shipping, transport, and disposal of hazardous waste from CESQG, upon request. C. Receipt, collection, identification, packaging, shipping, transport, and disposal of hazardous waste from SQG, upon request. D. Receipt, collection, identification, packaging, shipping, transport, and disposal of all other hazardous waste generated and/or abandoned within Collier County, upon request and in particular following a declared storm event. cA0 Page 12 of 27 HHW & CESQG Collection: Location - The Contractor will receive or collect household hazardous waste and/or CESQG hazardous waste at the recycling drop-off centers and the Hazardous Material Collection Center or at other alternative sites as designated by the Collier County Solid and Hazardous Waste Management Department. Schedule - The Contractor will conduct collection events on a Monday, as needed, and may coordinate the hazardous waste collection event with a CESQG collection event. A. In the event of a natural disaster in Collier County, the Contractor shall respond within twelve (12) hours after being contacted by the Contract Manager to collect household and business hazardous waste at a site and/or sites designated by Collier County. Collier County staff will make the determination regarding a natural disaster and the need for the Contractors' assistance. B. Emergency response for other than natural disasters shall occur within a minimum of six (6) hours following County notification. Personnel - The Contractor shall provide all personnel necessary to properly and safely collect, package, ship and transport the collected hazardous waste consistent with the requirements of the Contract. Experience and Education - The Contractor shall provide, at a minimum, personnel who meet the following experience and educational requirements: Project Manager holding a four-year degree in Chemistry or a related field, with a minimum of two years experience as a Field Chemist and a minimum of one year as a Project Manager for household hazardous waste collection. Fifty percent of the Contractor's personnel working at either a collection event or a facility clean-out shall be Field Chemists, who hold a four-year degree in Chemistry or a related field and have at least six months field experience in hazardous waste collection. HHW Collection Estimates - The information provided in Exhibit 1C represents an estimate of the volume of household hazardous waste (CESQG not included) that was collected in Collier County during Fiscal Year 2013. The purpose of this information is to provide the Contractor with data which will assist in the determination of the staffing and logistical needs. Overtime - The County will not be held responsible for paying the Contractor for overtime or the mobilization of additional pre-approved personnel. Page 13 of 27 CIO Completion Time - An adequate number of personnel and equipment, pre- approved by the Contract Manager shall work at each scheduled site collection to properly and safely complete all work identified by close of business on collection day. All operations including, but not limited to, the packaging, sorting, loading, shipment/transportation preparation and associated paper work for all of the collected hazardous waste along with the collection site cleanup, take down and storage of all equipment and materials provided by the Contractor or its subcontractors, associated with clean-outs shall occur between lam and 5pm on scheduled Mondays. All work shall be completed consistent with the requirements identified within the Contract. Operations - The Contractor shall set up work stations, segregated and organized storage areas, and packaging stations at the collection or clean up site to maximize efficiency of operations. Equipment - The Contractor shall provide all the necessary equipment and materials for setting up and operating at the County's recycling drop-off centers, the Hazardous Materials Collection Center, and any other site designated for hazardous material collection. The Contractor shall provide all materials, personnel and equipment to properly and safely, efficiently, and cost effectively perform a site clean-out of the County's recycling drop-off centers, the Hazardous Material Collection Center, and other sites as designated to the Contract Manager's satisfaction and consistent with the Contract. Security - All collected hazardous waste and required equipment/supplies must be properly secured and rendered inaccessible to the public during the site collection and until permanently removed by the Contractor. Safety - The Contractor must provide a written plan approved by the Contract Manager describing operating procedures that provide appropriate safety at the site. Spill Control - The Contractor must have a spill contingency plan in place for preventing and containing spills that occur during any site collection, to the satisfaction of the Contract Manager. Advertisement/Public Education - The Contractor has the option to conduct a comprehensive advertisement program at no cost to Collier County. This program shall be approved by the Collier County Solid and Hazardous Waste Management Department 30 days in advance of each event. Page 14 of 27 01(-) Identification - The Contractor shall provide on-site identification of all hazardous waste received. Identification shall be sufficient to properly package all hazardous waste pursuant to DOT requirements and to ensure acceptance at an EPA permitted storage, treatment or disposal facility. Packaging - The Contractor shall comply with pre-transport requirements of 40 CFR Part 262, Sub-part C, as amended or superseded. Only state and federally approved containers and packing material shall be used for the packaging, shipment and transport of hazardous waste. Consolidation - The Contractor shall make provisions to consolidate compatible hazardous wastes to minimize per unit disposal costs for the County to the satisfaction of the Contract Manager. The Contractor will package the materials to decrease the County's packaging and disposal costs without consideration for the Contractor's convenience, storage and final disposal destination. Additionally, the Contractor will make provisions to bulk compatible wastes if such options are available. Packaging Limitations - The Contractor shall not, unless required in the Contract or directed by the County Contract Manager, package non-hazardous solid waste or empty containers formerly containing hazardous substances. The County reserves the right to give the Contractor a list of products/substances that are to be retained by the County. Recyclable/Reuse Wastes - The Contractor is required, unless otherwise directed by the Contract Manager to package/bulk/consolidate the following types of recyclable wastes in containers designated by the Contract Manager: - Anti-freeze - Used oils/new oils and used filters - Batteries -Gasoline, kerosene, and lantern/stove fuel - Fluorescent lamps, ballasts, other mercury containing devices - Propane and other tanks - E-waste Manifests - The Contractor shall prepare and maintain Uniform Hazardous Waste Manifests (EPA Form 8700-22) in accordance with 40 CFR Part 262, Sub- part B, for all hazardous waste collected and transported from the County. The final completed manifest shall be submitted to the County within thirty (30) days following the date when it was signed by the Contract Manager, or the disposal facility's authorized signature designee. Standards - The Contractor shall comply with 40 CFR Part 2, "Standards Applicable to Transporters of Hazardous Waste," Chapter 62-730, Part 3, Florida 90 Page 15 of 27 Administrative Code, and all applicable DOT requirements for transportation of hazardous waste; as amended or superseded. Contingency Plan - The Contractor shall coordinate with the Contract Manager and local emergency response personnel to develop a site contingency plan. If at any time the Contract Manager questions the contents of any container it will be reopened by the Contractor for the Contract Manager's inspection. During collection the Contractor shall collect only those wastes identified within the Contract, unless otherwise approved by the County Contract Manager. The Contractor shall be held responsible for all associated costs in the safe and proper identification, sorting, packaging, shipment, transportation and disposal of any other wastes (i.e., explosives, biohazard, radioactive, pressurized gas cylinders other than what is stated within this contract) which are accepted by the Contractor without the pre-approval of the Contract Manager. In the event that the Contractor opts to combine County and non- County hazardous wastes, the Contractor should have in place a contingency plan for the handling of non-contract waste which is acceptable to the Contract Manager. The County retains the right to enter into a contract with a Secondary Contractor. The Secondary Contractor will be used if the Primary Contractor is unable to perform the required work under the requirements of the Contract or for any other reason, which the County, in its sole judgment, deems appropriate. Invoices - Within ninety (90) days of the collection the Contractor shall provide the County with an invoice. All invoices shall clearly and accurately specify the type of hazardous waste collected (consistent with the terminology in the Contract), cost per container, size of container, method of packaging (i.e., Bulk Pack), method of destruction (i.e., RCRA incineration), total cost and all drum numbers per category as they appear on the manifest and the "Drum Summary Breakdown Sheet." No additional surcharges will be paid. The applicable purchase order number shall be noted on the invoice. Disposal - Once the Contractor takes possession of the waste, waste not sent to an approved facility to be recycled or reused becomes RCRA waste managed by RCRA standards at EPA permitted TSD Facilities (40 CFR 264). No waste shall be disposed of at any Subtitle D facilities or non-hazardous waste incinerators except those authorized to burn hazardous waste fuels. TSD Requirements - The Contractor is solely responsible for complying with all requirements mandated by designated EPA permitted treatment, storage, or disposal facilities regarding labeling, manifesting, packaging, segregation, and transportation of hazardous waste to ensure acceptance of collected wastes at the Page 16 of 27 ��% final disposal site. The Contractor must own and operate an FDEP licensed Hazardous Waste TSDF in Florida. Transporters - The Contractor shall ensure that all Transporters possess local, state, and federal transporter permits, and that all local, state and federal regulations concerning packaging and transport of hazardous waste encountered by a regulatory agency en-route to final destination or elsewhere are in compliance. Landfill Disposal- No disposal of household hazardous waste or CESQG/SQG waste shall be placed in a Class I, Class II or Class III landfill. Landfilling of materials such as alkaline household batteries and solid fertilizers may be allowed with written permission from the County Contract Manager in a Subtitle "C" secured hazardous waste landfill. It is also prohibited for the Contractor to use facilities on the (CERCLA) List. Reference Sheets - The Contractor shall within thirty (30) days of the collection provide the County with a "Container Summary Breakdown Sheet" identifying the manifest number, container identification number, container weight, container contents (including quantity) on each lab pack drum of hazardous waste collected and transported. Certificate of Destruction - Within ninety (90) days of the collection the Contractor shall provide the County with a "Certificate of Destruction" for all hazardous waste collected. The "Certificate of Destruction" form shall indicate the type of hazardous waste, quantity, method of destruction, final destination of waste and a signature acknowledging that the waste was in fact destroyed. General statements such as "your household hazardous waste has been handled in accordance with all state and federal regulations" are unacceptable. Reporting - The Contractor shall provide an accurate and properly calibrated scale at the disposal facility, which will be used to weigh each container (i.e., fifty-five gallon drum, lab pack) that is received. This report shall be available to the Contract Manager on a Waste Receipt Report accessible within thirty (30) days of the collection date via the contractor interactive website. The Contractor shall prepare and provide the Contract Manager a report listing each container's identification number, waste type, container weight, method of packaging (i.e., Lab-Pack, Bulk-Pack), name and signature of the person who weighed the container along with the signature of the Contractor's Project Manager endorsing the results as correct and true. This report shall be provided to the Contract Manager prior to signing the manifest. Annual Report - The Contractor shall prepare and submit to the County sufficient information to complete the annual hazardous waste generator report required of the County by FDEP. Page 17 of 27 Regulatory Notices or Citations - The Contractor shall provide the Contract Manager a copy of any regulatory notices or citation issued at any transfer, treatment, or disposal facility that is or has been used for Collier County hazardous waste within ten (10) working days of issuance by the regulatory agency. Use of Reports - All reports produced by the Contractor may be used by the County without restrictions or limitations upon their use. The Contractor shall offer participating SQGs/CESQG's the same hazardous waste disposal rate established in this contract for the identification, collection, packaging, shipping, transportation, and disposal of hazardous waste collected from SQG/CESQGs. The Contractor shall be solely responsible for collecting fees and costs associated with this activity. The Contractor shall provide to the County the same rate established in this Contract for the collection, packaging, shipping, transportation and disposal of all other hazardous wastes generated and/or abandoned within Collier County and required to be disposed of per instruction of the Contract Manager. The Contractor shall be solely responsible for collecting fees and costs associated with this activity. Financial Qualifications/Bonding: The awarded Contractor shall duly execute and deliver to the County within fifteen (15) consecutive calendar days after written notice of award of contract has been given Performance and Payment Bonds, in the form prescribed in Exhibit C, in the amount of two hundred fifty thousand dollars ($250,000.00), the costs for which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in Florida and otherwise acceptable to Owner provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed five percent (5%) of the reported policyholders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc., of 75 Fulton Street, New York, New York 10038. Since the contract amount is less than five hundred thousand dollars ($500,000.00), the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the contract period, including all Contract extensions. In addition, the Contractor shall provide the following information with respect to its bonding company or surety: name, contact person, address, telephone number, and bonding capability, or a clean Irrevocable Letter of Credit. Page 18 of 27 If the surety for any bond furnished by Contractor is declared bankrupt or becomes insolvent, its right to do business is terminated in Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Contract Manager's approval. Cylinders: The Contractor shall have the capability to properly collect, handle, package, ship, transport and dispose of propane gas containers (full, partially full or empty) in accordance with all associated federal, state and local requirements. Mercury Recycling: The Contractor is responsible to ensure and document that all mercury collected by the contractor in Collier County is recycled in such a way that it is not released into the environment. For example, recycled mercury shall not be sold to any organization or business within the United States or outside the United States that uses this material in any mining operations. Small Quantity Generators (SQG's)/Conditionally Exempt Small Quantity Generator (CESQG) Collection Responsibilities: General Task: The Contractor shall establish a collection route for services to SQG/CESQGs. The Contractor shall identify, consolidate, package, manifest, and assume responsibility for the proper packaging, shipment, transportation and disposal of all SQG/CESQG wastes accepted by the Contractor. Collection Route: The Contractor shall collect hazardous waste from the participating generator's sites and transport the waste to an EPA and any applicable governing agency permitted TSD facility. Education: The Contractor shall hold at least two (2) public workshops at no cost to the County to educate SQG/CESQGs and provide them with information to enhance their participation in the county SQG/CESQG hazardous waste disposal program. Reports: The Contractor shall provide the County with a report detailing established SQG/CESQGs services annually, including number of Collier County participants, type of waste, volume of waste (container size and weight in pounds), cost for disposal and final disposition of the hazardous waste collected. Each business reserves the right not to use the County Hazardous Waste Collection Contractor and County CESQG Hazardous Waste Disposal Program and to choose any Contractor or any hazardous waste transporter that meets its needs. 01r) Page 19 of 27 County Responsibilities/Rights: The County shall review and approve records and reports submitted to the County pursuant to and described within the Contract. The County reserves the right to remove and/or add any materials from the county collected waste stream for recycling or alternative disposal. The County may distribute informational materials and may conduct surveys at all collection sites. The County shall be responsible for all costs incurred by the transporter for the proper identification, collection, handling, consolidation, packaging, transportation, treatment, storage and disposal of hazardous waste accepted by the County for disposal as described in these bid specifications and on the submitted Bid Proposal. The County shall not be responsible or liable for the collection, packaging, shipping, transportation, or disposal of CESQG or SQG hazardous waste accepted by the Contractor, nor for the costs incurred by the Contractor in the performance of this work. The County reserves the right to cancel or reduce the hours of operation of any scheduled collection. The County anticipates entering into an agreement with the Contractor to provide the described services for disposition of the material generated from these programs. At any time, the County shall have the right to inspect all County and Contractor utilized treatment, consolidation, storage and disposal facilities to which County hazardous waste is taken, to assure that the schedules and performance are in accordance with this Contract. All CESQG's and SQG's will be charged the same price that is placed in this Contract document for HHW collection, identification, sorting, packaging, shipping and transportation. Page 20 of 27 Exhibit B - Price Schedule Pages immediately following nc� Page 21 of 27 PM: Alister Burnett ITB 14-6260 ADDENDUM#4 PS: Brenda Brilhart Hazardous Materials MOT Contractor Supplies,analysis and materials(i.e.,container,labels,vermiculite)required for the actual Common packaging,handling,shipping,trans ortation and disposal of the identified hazardous 2014 Negotiated 2010 Bid Prices Line waste,should only be applied when providing a fixed cost for the disposal of a specific Price Items waste(line item 5). PARTI A Fixed Cost for a HHW Facility Clean-out(note this includes 2 chemists,4 techs,mob& 1 supplies) $ 2,135.00 $ 2,950.00 X 2 Unit Cost for Mobilization of additional personnel for necessary for emergency response, $ 380.00 3 Estimated Cost 4 Total Collection Cost per trip 5 Project Manager $ 25.00 $ 75.00 6 Field Chemist $ 25.00 $ 60.00 7 *Other $ 25.00 $ 40.00 Part I Subtotal $ 2,210.00 $ 3,505.00 *Provide one cost only cost per hour,i.e.,drivers,equipment operators,traffic control personnel,chemical technician and others. PART II Section A Description 8 Flammable Liquids 55 Gallon Drum 85 $ 102.00 X 9 Flammable Liquids 30 Gallon Drum 55 $ 87.72 10 Flammable Liquids 5 Gallon Pail 35 $ 43.38 A I Subtotal(Flammable) 175 $ 233.10 11 Poisons Liquids 55 Gallon Drum 178 $ 243.60 X 12 Poisons Liquids 30 Gallon Drum 108 $ 160.56 X 13 Poisons Liquids 5 Gallon Pail 50, $ 86.70 X 14 Flammable Liquid Poisons 55 Gallon Drum 210 $ 276.18 15 Flammable Liquid Poisons 30 Gallon Drum 155 $ 175.90 16 Flammable Liquid Poisons 5 Gallon Pail 45 $ 95.04 17 Flammable Solids 55 Gallon Drum 195 $ 263.98 X 18 Flammable Solids 30 Gallon Drum 130 $ 198.61 19 Flammable Solids 5 Gallon Pail 50 $ 64.91 X A II Subtotal(Poisons) 1121 $ 1,565.48 20 Hazardous Wastes/"Liquid" 55 Gallon Drum 99 $ 168.34 X 21 Hazardous Wastes/"Liquid" 30 Gallon Drum 75 $ 133.93 22 Hazardous Wastes/"Liquid" 5 Gallon Pail 45 $ 54.61 23 Hazardous Waste/"Solid" 55 Gallon Drum 100 $ 153.57 X 24 Hazardous Waste/"Solid" 30 Gallon Drum 79 $ 133.93 25 Hazardous Waste/"Solid" 5 Gallon Pail 45 $ 54.61 X 26 Corrosives 55 Gallon Drum 110 $ 132.00 X 27 Corrosives 30 Gallon Drum 98 $ 117.60 X 28 Corrosives 5 Gallon Pail 45 $ 54.94 X A III Subtotal(Corrosives) 696 $ 1,003.53 Section B Description 29 Reactives 55 Gallon Drum $ - 30 Reactives 30 Gallon Drum $ 270.00 $ 341.71 31 Reactives 5 Gallon Pail $ 114.00 $ 98.75 X 32 Oxidizers 55 Gallon Drum $ 150.00 $ 448.22 X 33 Oxidizers 30 Gallon Drum $ 50.00 $ 341.71 X 34 Oxidizers 5 Gallon Pail $ 99.00 $ 118.80 X 35 Non Regulated 55 Gallon Drum $ 53.00 $ 67.00 X 36 Non Regulated 30 Gallon Drum $ 47.00 $ 33.47 37 Non Regulated 5 Gallon Pail $ 19.00 $ 28.18 38 Mercury Containing Compound 55 Gallon Drum $ 175.00 $ 595.78 39 Mercury Containing Compound 30 Gallon Drum $ 120.00 $ 325.12 40 Mercury Containing Compound 5 Gallon Pail $ 99.00 $ 206.97 B I Subtotal(Reactives) $ 1,196.00 $ 2,605.71 41 Recycling Fluorescent Tubes Cost per unit(includes all sizes and supplying the appropriate storage and shipping containers.) 0.78 $ 0.74 1 of 4 PM: Alister Burnett ITB 14-6260 ADDENDUM 444 PS: Brenda Brilhart Hazardous Materials MOT Contractor Supplies,analysis and materials(i.e.,container,labels,vermiculite)required for the actual Common packaging,handlin g'shi pP m g'trans transportation and disposal of the identified hazardous 2014 Negotiated 2010 Bid Prices Line waste,should only be applied when providing a fixed cost for the disposal of a specific Price Items waste(line item 5). PARTI A 42 Other Mercury Containing Devices (Switches,Thermometers, Thermostats) 43 Other Mercury Containing Devices 55 Gallon Drum 175 $ 490.65 44 Other Mercury Containing Devices 30 Gallon Drum 175 $ 267.75 45 Other Mercury Containing Devices 5 Gallon Pail 175 $ 170.44 46 Mercury 55 Gallon Drum 175 $ 136.30 47 Mercury 30 Gallon Drum 120 $ 136.30 48 Mercury 5 Gallon Pail 99 $ 73.90 B 11 Subtotal(Mercury Devices) $ 919.78 $ 1,276.08 Section C Description 49 Polychlorinated Biphenyls(PCB) 55 Gallon Drum $ 275.00 $ 203.40 50 Polychlorinated Biphenyls(PCB) 30 Gallon Drum $ 175.00 $ 182.49 51 Polychlorinated Biphenyls(PCB) 5 Gallon Pail $ 97.00 $ 129.85 52 Aerosols 55 Gallon Drum $ 99.00 $ 194.46 X 53 Aerosols 30 Gallon Drum $ 78.00 $ 114.59 54 Aerosols 5 Gallon Pail $ 45.00 $ 36.76 C I Subtotal(Aerosols) $ 769.00 $ 861.55 55 Recycling Lead Acid Batteries Cost per unit 0.17, $ 26.68 56 Rechargeable 55 Gallon Drum 255 $ 693.50 57 Rechargeable 30 Gallon Drum 110 $ 378.26 58 Rechargeable 5 Gallon Pail 76 $ 89.68 59 Dry cell/Alkaline Batteries/Bulk 55 Gallon Drum 255 $ 41.63 60 Dry cell/Alkaline Batteries/Bulk 30 Gallon Drum 110 $ 36.04 61 Dry cell/Alkaline Batteries/Bulk 5 Gallon Pail 48 $ 30.34 62 Nickel-Cadmium Batteries/Bulk 55 Gallon Drum 275 $ 643.97 63 Nickel-Cadmium Batteries/Bulk 30 Gallon Drum 220 $ 351.24 64 Nickel-Cadmium Batteries/Bulk 5 Gallon Pail 76 $ 83.28 65 Button Batteries,Mercury/Bulk 55 Gallon Drum 0 $ - 66 Button Batteries,Mercury/Bulk 30 Gallon Drum 0 $ - 67 Button Batteries,Mercury/Bulk 5 Gallon Pail 175 $ 89.68 68 Lithium Batteries/Bulk 55 Gallon Drum 0 $ 530.33 69 Lithium Batteries/Bulk 30 Gallon Drum 0 $ 289.03 70 Lithium Batteries/Bulk 5 Gallon Pail 255 $ 68.58 71 Gel Cel Lead Acid Batteries/Bulk 55 Gallon Drum 50 $ 168.07 72 Gel Cel Lead Acid Batteries/Bulk 30 Gallon Drum 37 $ 91.67 73 Gel Cel Lead Acid Batteries/Bulk 5 Gallon Pail 33 $ 42.51 74 Nickel Metal Hydride 55 Gallon Drum 275 $ 693.50 75 Nickel Metal Hydride 30 Gallon Drum 220 $ 351.24 76 Nickel Metal Hydride 5 Gallon Pail 75 $ 83.28 77 Cyanides 55 Gallon Drum 179 $ 484.43 78 Cyanides 30 Gallon Drum 107 $ 285.88 79 Cyanides 5 Gallon Pail 45 $ 80.29 C 2 Subtotal(Batteries) $ 2,876.17 $ 5,633.11 Section D Description 80 Isocyanates 55 Gallon Drum 159 $ 516.68 81 Isocyanates 30 Gallon Drum 157 $ 320.99 X 82 Isocyanates 5 Gallon Pail 60 $ 83.94 X 83 Dioxins/Bulk Price per pound 11 $ 22.80 84 Antifreeze 55 Gallon Drum 56 $ 36.07 85 Antifreeze 30 Gallon Drum 34 $ 31.24 86 Antifreeze 5 Gallon Pail 23 $ 26.30 D I Subtotal(Antifreeze) $ 500.00 $ 1,038.02 87 Propane Gas Cylinders 20 Pound 7.25 $ 6.67 X 88 Propane Gas Cylinders 10 Pound 6 $ 3.80 2 of 4 PM: Alister Burnett ITB 14-6260 ADDENDUM#4 PS: Brenda Brilhart Hazardous Materials MOT Contractor Supplies,analysis and materials(i.e.,container,labels,vermiculite)required for the actual packaging,handling, transportation and disposal of the identified hazardous 2014 Negotiated Common p m g g' g'shipping, p p 2010 Bid Prices Line waste,should only be applied when providing a fixed cost for the disposal of a specific Price Items waste(line item 5). PARTI A All other cylinders less than 20 89 Propane Gas Cylinders pounds 3 $ 2.25 X 90 Oxygen Gas Cylinders 20 Pound 0 $ 136.14 91 Oxygen Gas Cylinders 10 Pound 91 $ 115.81 All other cylinders less than 20 92 Oxygen Gas Cylinders pounds 0, $ 102.26 93 Acetelyne 20 Pound 0, $ 224.24 94 Acetelyne 10 Pound 35 $ 190.35 All other cylinders less than 20 95 Acetelyne pounds 0 $ 136.14 D 11 Subtotal(Propane) $ 142.25 $ 917.66 Section E Description Electronics Descriptions 96 TV Monitors Item $ 16.83 97 TV Flat Screens Item $ - 98 Desktop Computers Item $ - 99 Computer Flat Screen Monitors Item $ - 100 Laptop Computers Item $ - 101 Copiers/Fax Machines Item $ - 102 Printers Item $ - 103 Peripherals-Phones,Chargers,Keyboards,Mouse,etc 20 Pound $ - 104 30-40 cubic yard rolloff container Unit $ 1,171.73 E I Subtotal(Electronics) $ 1,188.56 Section F Description 105 Forms Manifest Forms $ - $ - 106 Label Labels $ - $ - Drum - 85 Gallon Over-pack 107 Containers(include lid/gasket/ring/bolt) (New) $ 140.00 $ 229.17 Drum- 55 Gallon 17H, 17E 108 Containers(include lid/gasket/ring/bolt) (Reconditioned) $ 30.00 $ 33.33 Drum-55 Gallon 17C(New) 109 Containers(include lid/gasket/ring/bolt) $ 30.00 $ 55.56 Drum- 55 Gallon 34M Poly 110 Containers(include lid/gasket/ring/bolt) (New) $ 31.00 $ 29.17 Drum - 55 Gallon Poly 111 Containers(include lid/gasket/ring/bolt) (Reconditioned) $ 30.00 $ 37.50 112 Containers(include lid/gasket/ring/bolt) Drum 30 Gallon Fiber(New) $ 30.00 $ 37.50 113 Containers(include lid/gasket/ring/bolt) Drum -20 Gallon Fiber(New) $ 30.00 $ 27.78 114 Containers(include lid/gasket/ring/bolt) Pail- 5 Gallon(New) $ 10.00 $ 8.08 115 Absorbents Vermiculite- 19 lb.Bag $ 12.00 $ 23.63 116 Absorbents Oil Dry- 40 lb.Bag $ 8.00 $ 8.68 117 General Supplies Tyvek Suits $ 16.00 $ 4.11 118 General Supplies Gloves - Solvex, I Pair $ - $ - 119 General Supplies 4 Mil Liners $ $ 21.76 120 General Supplies DOT Labels $ - $ - 121 General Supplies EPA Labels $ - $ - 122 General Supplies Sample Bottles $ - $ 0.39 123 General Supplies Drum Thief $ - $ 0.96 124 General Supplies Drum Deheader& Decontamination Charge $ - $ - 125 General Supplies Drum Pump Use& Decontamination Charge $ - $ 3 of 4 PM: Alister Burnett ITB 14-6260 ADDENDUM#4 PS: Brenda Brilhart Hazardous Materials MOT Contractor Supplies,analysis and materials(i.e.,container,labels,vermiculite)required for the actual Common packaging,handling,shipping,transportation and disposal of the identified hazardous 2010 Bid Prices 2014 Negotiated Line waste,should only be applied when providing a fixed cost for the disposal of a specific Price Items waste(line item 5). PARTI A 126 General Supplies Patay Pump Use& Decontamination $ - $ - 127 General Supplies Sorbant Boom 8"x 10' $ 25.00 $ 73.14 128 General Supplies Sorbant Boom 8"x 10'bundle of four $ 80.00 $ 292.56 129 General Supplies Sorbant Pads 3/16"x 18"x 18" $ 2.00 $ 0.43 130 General Supplies Visqueen/Roll $ 63.00 $ 91.67 131 Personal Protective Equipment Level D $ - $ - 132 Personal Protective Equipment Level C $ - $ 4.11 133 Personal Protective Equipment Level B $ 55.00 $ - 134 Personal Protective Equipment Level A $ 75.00 $ - 135 Parts Pricing Gasket 17H 55 Gallon Drum $ - $ - Nut&Bolt 5/8"for 55 Gallon 136 Parts Pricing Drum $ - $ - 137 Parts Pricing Ring 17H 55 Gallon Drum $ - $ - 138 Parts Pricing Cover 17H 55 Gallon Drum $ - $ - 139 Parts Pricing Bungs TS 20 2" $ - 140 Parts Pricing TS 10 $ - 141 **Analysis Cost for Unknowns $ 650.00 Analysis:The analysis cost for unknown household (TCLP) hazardous waste shall be considered part of the disposal cost of the waste. The above listed analysis cost shall only apply to business generated wastes. Household hazardous wastes are exempt of any cost associated with any analysis,either in the field or in the lab. $ - 142 Analysis:The analysis cost for unknown household **Analysis Cost for Unknowns $ 650.00 hazardous waste shall be considered part of the (Field) disposal cost of the waste. The above listed analysis cost shall only apply to business generated wastes. Household hazardous wastes are exempt of any cost associated with any analysis,either in the field or in the lab. $ 650.00 143 Other Expenses Emergency Response Mobilization $ 700.00 $ 700.00 144 Other Expenses Six(6)Hour Minimum Response Time $ - 145 Other Expenses Cancellation Charge $ - Center Storage Building 146 Household Hazardous Waste Collection Cleaning $ 1,520.00 $ 1,520.00 F I Total Section F (Miscellaneous) $ 4,187.00 $ 3,849.53 $ 16,131.70 $ 23,677.33 All Line Items Total Increase 46.78% Common Line Items Increase 29.00% 4 of 4 EXCEPTIONS TO SPECIFICATIONS Collier County ITB 14-6260 EQ - The Environmental Quality Company Indemnification Exhibit III, Section 10 shall be replaced with the following, which is identical to the indemnification clause set forth in Attachment 7: To the maximum extent permitted by Florida law, the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. Additional Terms & Conditions 1) Final counts /weights will be invoiced based on the determination at the receiving facility. 2) All electronics collected under the contract will be placed in the boxes staged at the landfill or curbside site. Electronics will not be collected from other County locations in smaller quantities. 3) On Bid Sheet: Section E Item 104, 30 —40 Cubic Yard Roll-Off Container is defined as roll-off box rental and transportation per load. 4) CESQG and SQG collections are contingent upon the generator's demonstration of creditworthiness and execution of an acceptable contract. 5) Section B Item 29; the 55-gallon price is case by case Additional Prices to be incorporated into the Bid Stop Fee Other County Locations Not Specified in the ITB: $375.00 Projection & Console TVs: $96.00 each 14555147.1 EXHIBIT C: PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Page 22 of 27 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) C'At) Page 23 of 27 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Page 24 of 27 CAC) EXHIBIT C: PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. Page 25 of 27 -{() IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) Page 26 of 27 1 t� (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Page 27 of 27 �CAO ,,,......10 EQHOLDI-03 JONESCM ACOREY DATE(MWDD/YYYY) 4....----- CERTIFICATE OF LIABILITY INSURANCE 8/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of Michigan,Inc. PHONE FAX do 26 Century Blvd (A/c.No.Ext t 877)945 4378 (A/C,No):(888)467-2378 P.O.Box 305191 E-MAIL Nashville,TN 37230-5191 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL* INSURER A:AIG Specialty Insurance Company 26883 INSURED INSURER B:New Hampshire Insurance Company 23841 • EQ Florida,Inc. INSURER C:Illinois National Insurance Company 23817 2050 Central Ave,S.E INSURER D:Commerce&Industry Insurance Company 19410 Canton,OH 44707 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYYI (MDDIYYYY� A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X PROP57666391 8/1/2014 8/1/2015 DAMAGES cTED PREMISES(Ee Rt occurrence) $ 300,000 X XCU Included MED EXP(Anyone person) $ 25,000 X $100,000 Deductible PERSONAL&ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY[l gig. LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY BBINEeDtSINGLE LIMIT $ 1,000,000 B X ANY AUTO CA7557770 8/1/2014 8/1/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUTOS ED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 25,000,000 A EXCESS UAB CLAIMS-MADE PROU57666618 8/1/2014 8/1/2015 AGGREGATE $ 25,000,000 DEi) X RETENTION$ 10,000 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE FOR Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE WC 006506646 8/1/2014 8/1/2015 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N/A (Myaendatory in NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 OESCRI DESCRIPTION under OPERATIONS below I EL DISEASE-POLICY LIMIT S 1,000,000 D Pollution Legal Liab PLS2673560 8/1/2012 8/1/2015 Each Claim/Agg 35,000,000 B Business Auto CA1955437 8/1/2014 8/1/2015 See Attached DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space le required) Re:For any and all work performed on behalf of Collier County It Is agreed that Collier County Board of County Commissioners is Included as an Additional Insured as respects to General Liability,but solely in regards to work performed by or on behalf of the named insured in connection with the project described herein. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Collier County Board of Commissioners l'"71.—;./',, 74,--- 3327 Tamiami Trail East jf.*;:. INaples.FL 34112 ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE:Automobile Liability Combined Single Limit: $1,000,000 CARRIER: New Hampshire Insurance Company Any Auto POLICY TERM: 08/01/2014-08101/2015 Hired autos POLICY NUMBER: CA1955437 Non-owned autos POLICY TYPE: Workers Compensation & Employers Liability All Other States-Statutory Limits CARRIER: New Hampshire Insurance Company E.L. Each accident$1,000,000 POLICY TERM: 08/01/2014-08/01/2015 E.L. Disease-policy limit$1,000,000 POLICY NUMBER:WC 006506637 E.L. Disease-each employee$1,000,000 POLICY TYPE: Workers Compensation& Employers Liability AZ,GA,VA-Statutory Limits CARRIER:New Hampshire Insurance Company E.L. Each accident$1,000,000 POLICY TERM: 08/01/2014-08/01/2015 E.L.Disease-policy limit$1,000,000 POLICY NUMBER:WC 084631373 E.L. Disease-each employee$1,000,000 POLICY TYPE:Workers Compensation& Employers Liability CA-Statutory Limits CARRIER: New Hampshire Insurance Company E.L. Each accident$1,000,000 POLICY TERM: 08/01/2014-08/01/2015 E.L. Disease-policy limit$1,000,000 POLICY NUMBER:WC 084631372 E.L. Disease-each employee$1,000,000 POLICY TYPE:Workers Compensation & Employers Liability IL, KY, NC, UT-Statutory Limits CARRIER: New Hampshire Insurance Company E.L. Each accident$1,000,000 POLICY TERM: 08/01/2014-08/01/2015 E.L. Disease-policy limit$1,000,000 POLICY NUMBER:WC 084631374 E.L. Disease-each employee$1,000,000 ADDITIONAL COVERAGE SCHEDULE, CONT'D COVERAGE LIMITS POLICY TYPE: Workers Compensation & Employers Liability FL-Statutory Limits CARRIER: New Hampshire Insurance Company E.L. Each accident$1,000,000 POLICY TERM: 08101/2014-08/01/2015 E.L.Disease-policy limit$1,000,000 POLICY NUMBER: WC 006506638 E.L. Disease-each employee$1,000,000 POLICY TYPE:Workers Compensation & Employers Liability MA,WI -Statutory Limits CARRIER: New Hampshire Insurance Company E.L.Each accident$1,000,000 POLICY TERM: 08/0112014-08/01/2015 E.L. Disease-policy limit$1,000,000 POLICY NUMBER: WC 006506636 E.L. Disease-each employee$1,000,000 POLICY TYPE:Workers Compensation& Employers Liability ME-Statutory Limits CARRIER: New Hampshire Insurance Company E.L. Each accident$1,000,000 POLICY TERM: 08/01/2014-08/01/2015 E.L. Disease-policy limit$1,000,000 POLICY NUMBER:WC 084631376 E.L. Disease-each employee$1,000,000 POLICY TYPE: Workers Compensation & Employers Liability NJ, PA-Statutory Limits CARRIER: New Hampshire Insurance Company E.L. Each accident$1,000,000 POLICY TERM: 08/01/2014-08/01/2015 E.L. Disease-policy limit$1,000,000 POLICY NUMBER: WC 084631375 E.L. Disease-each employee$1,000,000