Agenda 06/14/2016 Item #16C 2 6/14/2016 16.C.2.
EXECUTIVE SUMMARY
Recommendation to award Contract 15-6374R to Guardian Fueling Technologies, Southern Tank
and Pump Company, and Adams Tank and Lift for the maintenance, repair and testing of Collier
County-owned or operated storage tanks.
OBJECTIVE: To award a professional services agreement with Guardian Fueling Technologies,
Southern Tank and Pump Company, and Adams Tank and Lift for the maintenance, repair and testing of
Collier County-owned or operated storage tanks.
CONSIDERATIONS: The Interdepartmental Tanks Program of the Solid and Hazardous Waste
Management Division (SHWMD) provides specialist inspection, training, and compliance assistance
services to many storage tank-owning departments of Collier County Government. The program acts as
the specialist service provider for the Risk Management Division,keeping all the county's fuel and some
chemical storage tanks well maintained, frequently inspected, inventoried, and compliant at times of
Florida Department of Environmental Protection(FDEP)agency inspections.
County divisions including, but not limited to, Facilities Management, Parks and Recreation, Fleet
Management, Water, Wastewater, the Collier County Sherriff's Office, and the Airport Authority have
historically required emergency and routine equipment repair/replacement, testing and maintenance for
the approximately 300 county-owned and/or operated storage tanks and systems. These repairs and
maintenance are necessary to be compliant with applicable regulations and to reduce the probability of a
discharge.
As part of the program, all 300 county storage tanks are inspected annually. An inspection report is
generated that makes recommendations concerning any compliance,repair or maintenance that is needed.
This contract will provide the mechanism for the county to implement the recommendations in the
inspection reports in a speedy and efficient manner.
It is anticipated that 50 county-owned tanks will require attention each fiscal year at an approximate total
cost of$75,000. Tank owning divisions will be responsible for paying for their own tank repairs. This
contract may also be used for the installation, commissioning and decommissioning of county-owned
tanks.
Invitation to Bid 15-6374R was posted December 8, 2015, with 264 notices sent. Forty vendors
downloaded bid packages, and four bids were receive by the due date of January 25, 2016. Staff
reviewed the bids and deemed Guardian Fueling Technologies, LLC, Southern Tank and Pump Co., and
Adams Tank & Lift, Inc. as the three most responsive bidders. This selection was based on the lowest
quotes received for the solicitation. The bid received from AXI Clean Fuel &Tanks was rejected as non-
conforming because only one of the 19 required services could be performed. Each individual tank repair
will be solicited competitively among the three awarded contractors.
FISCAL IMPACT: Funds are also available in the divisional budgets of the tank owning entities.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality,and requires majority vote for approval. -JAK
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6/14/2016 16.C.2.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners awards Contract 15-6374R to
Guardian Fueling Technologies,LLC, Southern Tank and Pump Co., and Adams Tank&Lift,Inc. for the
maintenance, repair and testing of county-owned or operated storage tanks; and authorizes the Chair to
sign the standard agreements after approval by the County Attorney's Office.
Prepared By: Dayne Atkinson,Project Manager, Solid and Hazardous Waste Management Division
Attachments: 1) 15-6374R-Bid Tabulation Sheet;
2) 15-6374R-Invitation to Bid;
3) Agreement-Adams Tank&Lift,Inc.;
4) Agreement-Guardian Fueling Technologies LLC; and
5) Agreement-Southern Tank and Pump Co.
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6/14/2016 16.C.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to award Contract 15-6374R to Guardian Fueling
Technologies, Southern Tank and Pump Company, and Adams Tank and Lift for the
maintenance, repair and testing of Collier County-owned or operated storage tanks.
Meeting Date: 6/14/2016
Prepared By
Name: Dayne Atkinson
Title: Project Manager,Technical Support&Logistics Operations
4/7/2016 4:05:18 PM
Submitted by
Title:Project Manager,Technical Support&Logistics Operations
Name: Dayne Atkinson
4/7/2016 4:05:19 PM
Approved By
Name: HapkeMargie
Title:Recycling Coordinator, Solid&Hazardous Waste Management
Date: 4/28/2016 12:18:14 PM
Name: BurnettAlister
Title: Manager-Environmental Compliance,Hazardous Waste Management
Date:4/29/2016 8:15:22 AM
Name: WalkerJeff
Title: Division Director-Risk Management,Risk Management
Date: 4/29/2016 1:43:54 PM
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
Date: 5/12/2016 8:07:30 PM
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6/14/2016 16.C.2.
Name: HerreraSandra
Title:Manager-Procurement,Procurement Services
Date: 5/12/2016 8:07:59 PM
Name: Joseph Bellone
Title: Division Director-Operations Support,Utilities Finance Operations
Date: 5/16/2016 10:27:12 AM
Name: HallSwainson
Title: Procurement Specialist,Procurement Services
Date: 5/17/2016 10:25:46 AM
Name: RodriguezDan
Title:Division Director-Solid Waste, Solid&Hazardous Waste Management
Date: 5/23/2016 9:34:18 AM
Name: TeachScott
Title:Deputy County Attorney, County Attorney
Date: 5/23/2016 9:43:32 AM
Name: YilmazGeorge
Title: Department Head-Public Utilities,Public Utilities Department
Date: 5/24/2016 8:53:12 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/25/2016 12:56:35 PM
Name: FinnEd
Title:Management/Budget Analyst, Senior,Office of Management&Budget
Date: 6/1/2016 8:50:00 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/7/2016 11:41:05 AM
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6/14/2016 16.C.2.
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6/14/2016 16.C.2.
Co ier County
Administrative Services Department
Procurement Services Division
INVITATION TO BID
Date: December 8, 2015
From: Swainson Hall, Procurement Strategist
(239) 252-8935 (Telephone)
(239) 252-6334 (FAX)
swainsonhall(c�colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 15-6374R Maintenance, Repair, and Testing for Fuel Storage
Tanks
As requested by the Solid and Hazardous Waste Management Department, the Collier
County Board of County Commissioners Purchasing Department has issued this ITB for
the purpose of obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Alister Burnett/Dayne Atkinson
Note: All ITB responses submitted manually must include one (1) original labeled
MASTER, along with one (1) exact duplicate copy, including all required forms.
HuounarrentServicesDies n•3327 Tar:Sami Trail East•Naples,Florida 34112-49D1•239-252-StO7•w v.cotliergov.netiprocurementservices
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Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 11
Exhibit III: Standard Purchase Order Terms and Conditions 17
Exhibit IV: Additional ITB Terms and Conditions 20
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 29
Attachment 2: Vendor's Check List 30
Attachment 3: Vendor Submittal - Bid Response Form 31
Attachment 4: Vendor Submittal—Local Vendor Preference Affidavit 33
Attachment 5: Vendor Submittal— Immigration Affidavit 34
Attachment 6: Vendor Substitute W—9 35
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 36
15-6374R Maintenance,Repair,and Testing for Fuel Packet Page -677- 2
6/14/2016 16.C.2.
Co ie-v County
Administrative Services Department
Procurement Services Division
Public Notice
Sealed bid responses for Solicitation 15-6374R Maintenance, Repair, and Testing for Fuel
Storage Tanks, will be received electronically or manually only at the Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM,
Collier County local time on Tuesday, January 7, 2016. Solicitation responses received after the
stated time and date will not be accepted.
Solicitation 15-6374R Maintenance, Repair, and Testing for Fuel Storage Tanks
A non-mandatory pre-bid conference will be held on Tuesday, January 12, 2016, commencing
promptly at 11:00AM and held at Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112. All prospective bidders must attend this conference in order
to submit a bid response or be considered for an award.
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Joanne Markiewicz
Director, Procurement Services Division
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on December 8,
2015.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Solid and Hazardous Waste Management Department,
(hereinafter, the "Department"), the Collier County Board of County Commissioners Procurement
Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the
intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions
and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of
the Scope of Work and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
Collier County is soliciting this Invitation to Bid with the intent of selecting fuel tank maintenance
service vendor(s) to provide labor, material, and equipment to perform maintenance, repair and
testing for departments.
The County reserves the right to select one or more supplier(s) and may use the resultant contract in
the following manner:
• For work estimated to be less than $50,000: the department may select one of the
vendor(s) on contract, quote out the work among all vendor(s) on contract, or
competitively solicit for new quotes.
• For work estimated to be greater than $50,000 and less than $200,000: the
department may quote out work among the vendor(s) on contract, or, may conduct a
separate new solicitation.
• In no case may a single repair or new installation job exceed $200,000 on
resultant contracts of this ITB.
Background
The storage tank systems owned by the County containing hazardous materials and petroleum
products require routine maintenance and testing as well as unexpected repairs on a routine
basis. Much of this work is mandated in the National Fire Prevention Association Codes (NFPA)
and Florida Administrative Codes (F.A.C.). The County expects to require services for testing,
maintenance, and repairs for the storage tanks that it owns.
County departments, including, but not limited to Facilities Management, Parks & Recreation,
Fleet Management, Water, Wastewater, Sherriff's Office, and the Airport Authority, have
historically required emergency & routine equipment repair/replacement, testing and maintenance
to their approximately 300 county storage tanks/systems in order to be compliant with applicable
regulations or to avoid the probability of a discharge increasing from their storage tanks with the
understanding that the average cost of petroleum discharge cleanups tracked by the Florida
Department of Environmental Protection (FDEP) is approximately $400,000, not including
potential costs associated with third party liability due to injuries and adjacent property damages.
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Detailed Scope of Work
The vendor shall comply with the following General Requirements and Department specific
requirements, including but not limited to:
1. Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday, excluding County recognized holidays. All other hours shall be considered
overtime and charged at the appropriate rate of time and one half. Work completed on County
recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time
and one half.
2. The Vendor may be required to do emergency repairs at times other than normal working hours.
The Vendor shall be in a position to be available on a twenty-four (24) hour basis, three hundred
sixty-five (365)days per year for such emergency work.
3. The Vendor shall supply the County with an emergency on-call telephone number and the same
(or different telephone number)for routine repairs/new installation.
4. Licenses & Certifications: The Vendor, at time of bid submittal, shall possess, and maintain
throughout the term of the contract period and any renewal periods, employee(s) holding a
Pollutant Storage System Contractors (PSSC) license; employee(s) Veeder Root, Omntec,
Incon/Franklin, Pnuemercator, and OPW tank monitoring systems certified for installation, testing
& repair; and employee(s) holding an RQ license. The vendor shall provide personnel currently
certified by the manufacturer for the equipment being installed or maintained as dictated
applicable in the installation or operation & maintenance manual for said equipment. When
required, due to the type of work being conducted, the vendor shall insure the holder of the PSSC,
Registered Precision Tank Tester (RQ) and tank monitoring system certification be present,
supervise or performing the work as applicable. The vendor shall hold the correct occupational
licenses, all professional licenses or other authorizations necessary to carry out and perform the
work required by the project pursuant to all applicable Federal, State and Local Laws, Statute,
Ordinances, and rules and regulations of any kind. The vendor shall be licensed to operate within
Collier County.
5. New Work: The vendor shall provide written "not to exceed" estimates on all projects that are not
deemed to be emergencies and on-call repairs. This estimate shall include the estimated number
of hours, hourly rate, number and types of employees required, estimated material cost and
number of calendar days required for project completion. Vendor shall respond to requests for
estimates for non-emergency work within two (2) days and provide written estimates within five
(5) days. It shall be the vendor's responsibility to ensure they have all information to prepare
accurate estimates.
6. Quote Process: The vendor agrees to provide written quotes to the department. Further, the
vendor shall not charge the department for the cost of the quote, meetings pertaining to the
quotes, or on-site visits to obtain the quotes. Quotes shall be provided to the department
contact in the following timeframe:
i. Department Emergency Orders: The vendor shall provide the quote within one (1)
hour. Vendor(s) who do not provide written quotes within one (1)
business hour shall be declared as having provided a "no-bid" response
to the County.
ii. Department Typical Order: The vendor shall provide written quotes within three
(3) business days from the County's request. Vendor(s) who do not provide
written quotes within three (3) business days shall be declared as having
provided a "no-bid" response to the County.
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iii. Department Project Work: The vendor shall provide written quotes within ten
(10) business days from the County's request. Vendor(s) who do not provide
written quotes within ten (10) business days shall be declared as having
provided a "no bid" response to the County.
7. Safety: Vendor and subcontractors shall comply with all Occupational Safety and Health
Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Vendors and subcontractors
shall be responsible for the safety of 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.
8. Equipment: Vendor shall own and have in good repair, or have the ability to rent all equipment
necessary to perform the described services in particular and the equipment necessary to
complete related tasks.
9. Parts / New Storage Tank Equipment: The purchased petroleum equipment for installation or
replacement must be listed on the FDEP's approved equipment list and have a corresponding
EQ# regardless of tank size with the exception of:
i. Dispensers, dispenser islands, nozzles, and hoses;
ii. Monitoring well bailers;
iii. Manhole and fill box covers;
iv. Valves;
v. Cathodic protection test stations;
vi. Metallic bulk product piping;
vii. Small diameter piping not in contact with soil, unless the piping extends over or into surface
waters; and
viii. Vent lines.
10. Parts Markup Parts purchased for equipment repairs shall be reimbursed at cost plus applicable
mark-up. The vendor shall provide documentation with their invoice, of the cost for parts (i.e.,
invoices) for all items with the extended price of two hundred fifty dollars ($250.00) or more.
Vendor must also have the ability to order and receive repair parts in a timely and effective
manner.
The Vendor shall provide written quotes for any specified work upon request from and County
Department or Agency.
11. Protection of Property: The Vendor shall make necessary repairs in such a manner that does not
damage property. In the event damage occurs to property by reason of any repairs or installations
performed under this Contract, the Vendor shall replace or repair the same at no cost to the
County. If damage caused by the Vendor has to be repaired or replaced by the County, the cost
of such work shall be deducted from the monies due the Vendor.
12. Insurance: The Vendor, at its sole expense, shall provide insurance coverage's as identified in
Exhibit 7. Providing and maintaining adequate insurance coverage is a material obligation of the
Vendor. All insurance policies shall be executed through insurers authorized or eligible to write
policies in the State of Florida.
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13. Discharges of Product and Wastes from the Storage Tank: In the event a discharge is deemed to
have been caused by the vendor while working on the storage tank system, the vendor shall
immediately notify the County by phone call and a follow up email / fax detailing the discharge
event's time/date, cause, amount discharged, impacted areas and environmental media
contaminated (i.e. groundwater, surface water, soils). The vendor is responsible for the
abatement, remediation and disposal of waste related to the discharge and must hold insurance
of no less than 1 million dollars per incident for the remediation of the discharge and third party
liability. All discharge cleanup work must be compliant with 62-780, F.A.C. & 62-777, F.A.C.
14. Clean-Up: The Vendors shall be responsible for removing all debris from the site and cleaning
affected areas. Vendor shall keep the premises free of debris and unusable materials resulting
from their work and as work progresses, or upon request by the County's representative, shall
remove such debris and materials from the property. The Vendor shall leave all affected areas as
they were prior to beginning work (i.e. backfill trenches and replace sod).
15. Warranty/Guarantee: Parts, replacement parts shall be new and warranted for ninety (90) days
unless a longer period is specified by the manufacturer. All labor for repairs shall have a ninety
(90)day warranty.
16. Compliance: All work must be compliant with 62-761, F.A.C.; 62-762, F.A.C.; NFPA 30, 30A, and
all other NFPA codes as applicable; PEI standards, API standards, STI standards; UL standards;
ASME standards; NLPA standards; and ACI standards as applicable.
17. Unsatisfactory Work: In the event the work performance of the Vendor is unsatisfactory, the
Vendor will be notified by the County and be given seven (7) calendar days to correct the work.
There will be no cost to the County for re-work or previously performed service by Vendor.
18.Vendor Rates: All rates quoted shall include the total labor cost including, but not limited to the
hourly employee pay rate, insurance, vendor's overhead, profit, employee-related taxes, and any,
and all costs associated with the employee travel including cost of vehicle, mileage, fuel charges
and any other surcharges.
19. Invoices: The Vendor shall produce invoices that contain the following details regarding the
services performed:
i. Purchase order number
ii. Location of service and any department reference number for the service,
iii. By position: Identify position, number of work hours performed on site, labor rate and total
cost,
iv. Materials furnished: Description of each part used, vendor's cost of part, mark-up (either as a
percentage or dollar) and total cost (the County may request the vendor's invoice from their
supplier for any material used on the completion of a project),
v. Equipment: Description of each piece of equipment used (including EQ#), vendor's cost of
equipment and total cost (the County may request the vendor's invoice from their supplier for
any equipment rented on the completion of a project)
vi. Subcontractors: Description of service provided, number of hours, hourly rate per trade,
vendor's mark-up and total cost,
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vii. If applicable, any deductions or discounts, and
viii. Total cost to be paid by the County.
20. Responses to on-call repair and emergency work will be based on the following priority system:
Priority 1 (Emergency) - The department will call for an emergency repair, which shall be
followed up by a confirming fax / email to the Vendor by staff. The Vendor shall call the
requesting department confirming receipt as soon as it is received. The Vendor shall be on-
site and effecting repairs in two (2) hours or less.
Priority 2 (On-Call Repair) -The department will call for a repair, which shall be followed up by
a confirming fax / email to the Vendor from staff. The Vendor shall call the requesting
department confirming receipt as soon as it is received. The Vendor shall be on-site and
repairs begun within four(4) hours of the initial call being placed.
Priority 3 (On-Call Repair) - The department will call for a repair, which shall be followed up by
a confirming fax/email to staff. The Vendor shall call, email, or fax the requesting department
confirming receipt of the fax/email within one (1) hour and on-site repairs begun within twenty
four (24) hours of the initial repair call. This is for repairs that do not require immediate
attention.
Priority 4 (On-Call Repair) - The department will call the Vendor for repair, which shall be
followed up by a confirming fax/email to the Vendor. The Vendor shall call, email, or fax the
requesting department confirming receipt of the fax / email within one (1) hour and on-site
repairs begun within seven (7) calendar days of the initial repair call. This is for repairs that
can withstand a wait of several days.
Hurricane and/or Natural Disaster Preparation
Responses post hurricane / disaster will follow the priority system above. However, it may be
deemed necessary to prepare for the approaching storm by isolating fueling components,
draining lines, turning off valves, and anchoring equipment among other things. In such
instance, the department will call the Vendor for assistance, which shall be followed up by a
confirming fax / email to the Vendor. The Vendor shall call, email, or fax the requesting
department confirming receipt of the fax / email within one (1) hour and on-site disaster
preparation within one (1) calendar day of the initial request for assistance.
Each confirming fax/ email will be sent to the vendor with a priority attached and a timetable. If a
priority is not specified, the Vendor is responsible for obtaining a priority so that the work can be
classified properly. A sample copy of the work request and timetable is attached below:
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Sample Only
Agreement 15-XXXX
Fuel Tank
Maintenance Request
Date Issued: Request#
Facility Name: Contact Person:
Phone#: FAX#:
Issued To(Vendor)
Phone#: FAX#:
Priority: Circle One - 12 3 4
Priority Definitions:
1. Priority 1 - Emergency, Vendor response within 2 hours of work request receipt.
2. Priority 2 -Vendor repair response within 4 hours of work request receipt.
3. Priority 3 -Vendor repair response within 24 hours of work request receipt.
4. Priority 4 -Vendor repair response within 7 calendar days of work request receipt.
Problem
21. Inspection services: An option is available for the department to request inspection services for
monthly fuel release detection checks. In the event the work is sub-contracted, the markup shall
be no more than 15% and the vendor shall provide invoices from the sub-contractor to the vendor.
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time
requirements,and required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness
of bid response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or
written on the manually submitted Bid Response Page(s) at the time of the bid opening;
however,should an error in calculations occur whenever unit pricing and price extensions
are requested,the unit price shall prevail. Mathematical miscalculations may be
corrected by the County to reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal
prior to the award of the solicitation.
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• It is the intent of Collier County to award to the lowest, qualified and responsive
vendor(s) demonstrated by the lowest of line 23 of the Bid Schedule.
Scenario#1:
Material Cost$2,000.00 + markup+ (line 1)
8 hours x Certified Tech Hourly Rate+ (line 6)
8 hours Helper Hourly Rate + (line 7)
1 truck Day Trip Charge + (line 11)
1 Tank Tightness testing + (line 14)
= Scenario#1 Total Dollars (line 23
If Bid cannot be awarded as noted herein, the Collier County Board of County Commissioners shall
make an award that best suits the needs and is in the interest of Collier County.
• Collier County reserves the right to select one, or more than one suppliers, however, it is
the intent to select multiple qualified vendors.
• The contract will be in the form of a Collier County standard contract.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) year with two (2) one
(1)year renewal options.
Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon
the consumer price index (CPI) over the past twelve (12) months, budget availability and program
manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice 12/8/2015
Last Date for Receipt of Written Questions 1/18/2016, 5:00PM
Solicitation Deadline Date and Time 1/25/2016, 3:00PM
Anticipated Evaluation of Submittals Week of 2/1/2016
Anticipated Board of County Commissioner's Contract February March
Approval Date 2016
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB", or "Bid") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.collieroov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
For electronic submissions...
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net/bid.
For paper submissions...
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated
in the Legal Notice. The County assumes no responsibility for bid responses received after the
due date and time, or at any office or location other than that specified herein, whether due to mail
delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses
shall be returned unopened, and shall not be considered for award.
Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disk
(CD's)with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation
Number and Title on the outside of the box or envelope. All bids sent by courier service must
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
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9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
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Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
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Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If
the BidderNendor does not comply with providing both the acceptable E-Verify evidence
and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the"Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.qov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
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When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation specifically stated in this Purchase Order.
This Purchase Order (including all documents Unless otherwise provided in Purchase
attached to or referenced therein) constitutes Order, no invoices shall be issued nor
the entire agreement between the parties, unless payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of
goods and/or services received by the COUNTY invoice.
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase same day via the same route must be
Order. consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase show this Purchase Order number. The
Order may not be changed except by written container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY must show Purchase Order number and
objects to any additional or different terms and must be included on each package of less
conditions contained in any acknowledgment, than container load (LCL) shipments and/or
invoice or other communication from VENDOR, with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or
payment for any delivery of goods and/or return any shipment or equipment at
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection to declare to the carrier the value of any
All goods and/or services delivered hereunder shipment made under this Purchase Order
shall be received subject to the COUNTY'S and the full invoice value of such shipment.
inspection and approval and payment therefore d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are number and any other specific information as
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts
All defective or nonconforming goods will be of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of
VENDOR'S expense. receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a proper invoice and in compliance with
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to the "Local Government Prompt Payment
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County
Order if goods and/or services provided early in Commissioners Purchasing Policy.
the term of the Purchase Order are
non-conforming or otherwise rejected by the 5. Time Is Of the Essence
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be
increase or decrease the cost of, or the time provided hereunder.
required for performance of the Purchase Order,
an equitable adjustment in the price and/or 11. Warranty of Non-Infringement
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws;
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark,
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute
made within thirty (30) days from the date the unfair competition.
change is ordered or within such additional
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the
parties. COUNTY from and against any and all claims,
including claims of negligence, costs and
7. Warranties expense, including but not limited to attorneys'
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of
will conform to the specifications, drawings, the goods and/or services provided under this
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S
specified by the COUNTY, and will be of representations and warranties in section 11 (a).
satisfactory material and quality production, free
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option,
claim of any third party. These warranties shall procure for the COUNTY the right to continue
survive inspection, acceptance, passage of title using the goods or services, or replace or modify
and payment by the COUNTY. the goods or services so that they become
non-infringing, (without any material degradation
8. Statutory Conformity in performance, quality, functionality or additional
Goods and services provided pursuant to this cost to the COUNTY).
Purchase Order, and their production and
transportation shall conform to all applicable 12. Insurance Requirements
laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide
Health and Safety Act, the Federal commercial insurance of such type and with such
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing
face of the Purchase Order. and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
9. Advertising insurance policies shall be executed through
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in
COUNTY shall advertise the fact that it has the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and response to a breach of this Purchase Order
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
14. Force Majeure deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be by VENDOR.
responsible for any delay or failure in c) All notices under this Purchase Order shall
performance resulting from any cause beyond be sent to the respective addresses on the
their control, including, but without limitation to face page by certified mail, return receipt
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by
When VENDOR has knowledge of any actual or personal delivery and will be deemed
potential force majeure or other conditions which effective upon receipt. Postage, delivery and
will delay or threatens to delay timely other charges shall be paid by the sender. A
performance of this Purchase Order, VENDOR party may change its address for notice by
shall immediately give notice thereof, including all written notice complying with the
relevant information with respects to what steps requirements of this section.
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any
goods and/or services to the COUNTY. travel expenses that may be associated with
this Purchase Order in accordance with
15. Assignment Florida Statute Chapter 112.061, Per Diem
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers,
nor any money due or to become due without the employees and authorized persons.
prior written consent of the COUNTY. Any e) In the event of any conflict between or
assignment made without such consent shall be among the terms of any Contract Documents
deemed void. related to this Purchase Order, the terms of
the Contract Documents shall take
16. Taxes precedence over the terms of the Purchase
Goods and services procured subject to this Order. To the extent any terms and /or
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate
and use tax on real property, transient rental or overlap the Terms and Conditions of the
property rented, tangible personal purchased or Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most
Chapter 212), and from federal excise tax. favorable to the County and/or provide the
greatest protection to the County shall
17. Annual Appropriations govern.
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
4. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non-performance.
5. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
6. Environmental Health and Safety
All Vendors and Sub vendors 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. Vendors and Sub
vendors shall be responsible for the safety of 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. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
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7. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
8. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non-responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license/registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252-2477.
11. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
The County's project manager, shall coordinate with the Vendor / Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
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12. 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, the current Collier County Ethics Ordinance 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.
13. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional—payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
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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.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
14. Survivability
Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation 15-6374R Maintenance, Repair, and
Testing for Fuel Storage Tanks will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
15. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
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The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the 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
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
16. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty-four (24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
required to be filled out and submitted with your bid response. This document can be found on the
Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand
side of the menu, click on CC Technical Requirements. If this document is not submitted with your
bid response, your bid response may be deemed non-responsive.
17. Security and Background Checks
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If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing for
all employees that shall provide services to the County under this Agreement. This may include,
but not be limited to, checking federal, state and local law enforcement records, including a state
and FBI fingerprint check, credit reports, education, residence and employment verifications and
other related records. Contractor shall be required to maintain records on each employee and
make them available to the County for at least four(4)years.
18. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and/or Purchasing Departments
and are available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
19. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
20. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
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21. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
22. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and/or acceptance by the County.
23. Storage Tank Installation and Closure Requirements
The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
The contractor shall notify the Solid & Hazardous Waste Management Department(SHWMD) prior
to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor
shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing
hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor's submittal for permitting.
24. 62-761.300 Applicability
1) General Requirements:
a) Underground storage tank systems: The requirements of this Chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of UST
systems with individual storage tank capacities greater than110 gallons that contain or
contained:
i) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984
ii) Pollutants or hazardous substances after December 10, 1990; or
iii) Regulated substances in unmaintained storage tank systems.
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b) This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks
greater than 1100 gallons containing motor fuels are subject to Federal UST rules
(advisory information only-not required by this Chapter).
25. 62-762.301, F.A.C. Applicability
1) General Requirements:
a) Aboveground storage tank systems: The requirements of this chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of
aboveground stationary storage tank systems with individual storage tank capacities
greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-
61, F.A.C., after May 21, 1984
(1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984;
(2) Pollutants after March 12, 1991; or
(3) Pollutants in unmaintained storage tank systems.
b) Aboveground compression vessels and hazardous substance storage tank systems:
Owners and operators of compression vessels and hazardous substance storage tanks
with capacities of greater than 110 gallons containing hazardous substances are only
required to comply with subsections 62-762.401(1)-(2), F.A.C.
c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or
owners and operators of aboveground mineral acid storage tank systems with capacities of
greater than 110 gallons containing mineral acids are only required to comply with Rule 62-
762.891, F.A.C.
26. Definitions
62-761.200(11) and 62-762.201(16), F.A.C.: "County" means a locally administered program
under contract with the Department to perform compliance verification activities at facilities with
storage tank systems.
62-761.200(48) and 62-762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in
Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding
liquefied petroleum gas.
62-761.200(51) and 62-762.201(65), F.A.C.: "Product' as defined in Section 377.19(11), F.S.,
means any commodity made from oil or gas and includes refined crude oil, crude tops, topped
crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel
oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline,
naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended
gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts
derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts
derived from oil or gas, whether hereinabove enumerated or not.
62-761(73) and 62-762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel
motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails.
27. The resultant contract(s) may include purchase or work orders issued under one, or any
combination of price methodologies by the County's project manager:
a. Lump Sum (Fixed Price): a firm fixed total price offering, inclusive of all labor and
material costs required for a project; the risks are transferred from the County to the
contractor even if unforeseen conditions are discovered; and, as a business practice
there are no hourly or material invoices presented, rather, the contractor must perform
to the satisfaction of the County's project manager before payment for the fixed price
contracted, and invoiced, amount is authorized.
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b. Time and Materials: the County agrees to pay the contractor for the actual amount of
labor time spent by the contractor's employees and subcontractors to perform the work
(number of hours times hourly rate) and for materials and equipment used in the
project (cost of materials plus the contractor's allowed mark up). Invoices must
demonstrate contractor and subcontractor hours. Invoices for materials (greater than
$500) and/or equipment (greater than $500) used in the completion of the project must
be presented to the County prior to final payment. Invoices for materials and/or
equipment up to $500 may be labeled "miscellaneous supplies or equipment" and will
not need to be presented during the payment process.
c. Unit Price: A firm total fixed price for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must
identify the unit price and the number of units procured (no contractor inventory or cost
verification required).
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CAT County
Administrative Services Department
Procurement Services Division
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 15-6374R Maintenance, Repair, and Testing for Fuel Storage Tanks
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
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Goiter County
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 15-6374R Maintenance, Repair, and Testing for Fuel Storage
Tanks
• Opening Date: Tuesday, January 7, 2016 at 3:00PM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
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Colter County
Administrative Services Department
Procurement Services Division
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 15-6374R Maintenance, Repair, and Testing for Fuel Storage Tanks
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following:
***SEE FOLLOWING PAGES
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net_ Days
[' Bid Response Form is electronic. Please input your prices online.
❑ Bid Response is as follows:
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone Number
FAX Number
Signature/Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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Cofer County
Administrative Services Department
Procurement Services Division
Attachment 4: Vendor Submittal- Local Vendor Preference Affidavit
Solicitation: 15-6374R Maintenance, Repair, and Testing for Fuel Storage Tanks (Check Appropriate
Boxes Below)
State of Florida(Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in ['Collier County or❑ Lee County:
Number of Employees(Including Owner(s)or Corporate Officers):
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Address in Collier or Lee County:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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CIL County
Administrative Services Department
Procurement Services Division
Attachment 5:Vendor Submittal—Immigration Affidavit
Solicitation: 15-6374R Maintenance, Repair, and Testing for Fuel Storage Tanks
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of
the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of ,20_,by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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Co ler County 6/14/2016 16.C.2.
Administrative Services Department
Procurement Services Division
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
•
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
_Individual/Sole Proprietor _Corporation _Partnership
_Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D=Disregarded Entity, C=Corporation,P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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Co ler County
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance(Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
• Contractor's Pollution Liability
• Contractor's Professional Liability
Limits:
• $1,000,000 each occurrence
• $2,000,000 aggregate
4. ® Indemnification 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 Contractor/Vendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement.
4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage(Jones Act)shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
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• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
[' Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
❑ Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. El Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of 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 5% of the reported policy
holders'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.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. ® Thirty(30) Days Cancellation Notice required.
GG for Jeff Walker 11/19/2015
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5)days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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AGREEMENT15-6374R
for
Maintenance, Repair, and Testing for Fuel Storage Tank Systems
THIS AGREEMENT is made and entered into this day of , 2016, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or"Owner") and Adams Tank & Lift, Inc., authorized to
do business in the State of Florida, whose business address is 17464 East Street NE, North Fort
Myers, Florida 33917 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. TERM AND COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing
upon Board approval and terminating one (1) year after, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This Agreement shall have two (2) additional, one (1) year renewals, renewable
annually. The Contractor shall commence the Work upon issuance of a Purchase Order.
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 ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed three (3) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for Maintenance, Repair, and Testing for Fuel Storage Tank Systems
on an as-needed basis as may be required by the Owner in accordance with the terms and
conditions of Invitation to Bid (ITB) #15-6374R and the Contractor's proposal, which is
incorporated by reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
2.2 The procedure for obtaining Work under this Agreement is as follows:
Although the primary user of this Agreement is the Solid and Hazardous Waste Management
Division, any County Division may use this Agreement provided sufficient funds are included in its
budget. The process for obtaining services under this Agreement is as follows:
i. New Work: The Contractor shall provide written "not to exceed" estimates on all projects
that are not deemed to be emergencies and on-call repairs. This estimate shall include the
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estimated number of hours, hourly rate, number and types of employees required,
estimated material cost and number of calendar days required for project completion.
Contractor shall respond to requests for estimates for non-emergency work within two (2)
days and provide written estimates within five (5) days. It shall be the Contractor's
responsibility to ensure they have all information to prepare accurate estimates.
ii. Quote Process: The Contractor agrees to provide written quotes to the division. Further, the
Contractor shall not charge the division for the cost of the quote, meetings pertaining to the
quotes, or on-site visits to obtain the quotes.
a. For work estimated to be less than $50,000: the division may quote out the work
among all contractors on contract, or competitively solicit for new quotes.
b. For work estimated to be greater than $50,000 and less than $200,000: the
division may quote out work among the contractors on contract, or, may conduct a
separate new solicitation.
c. In no case may a single repair or new installation job exceed $200,000 for work
resulting from this ITB.
Quotes shall be provided to the division contact in the following timeframe:
a. Division Emergency Orders: The Contractor(s) shall provide the quote within one (1)
hour. Contractor(s) who do not provide written quotes within one (1) business hour shall
be declared as having provided a "no-bid" response to the County.
b. Division On Call Repairs/Typical/Project Work: The Contractor(s) shall provide written
quotes within ten (10) business days from the County's request. Contractor(s) who do
not provide written quotes within ten (10) business days shall be declared as having
provided a "no bid" response to the County.
iii. Award: The user division will then authorize the Work, provided that there has been a
Purchase Order established for the Work or a blanket Purchase Order. In each description
of Work, the Owner reserves the right to specify: the period of completion; and collection of
liquidated damages in the event of late completion.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or his designee, in compliance with the County's Procurement Ordinance, as
amended, and Procedures in effect at the time such services are authorized.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of time and
materials Work pursuant to the prices offered by the Contractor in his response to ITB # 15-6374R
per Exhibit B "Price Schedule," attached hereto, and as further defined in Section 3.1.
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3.1 Price Methodolocgv:
Time and Materials: the County agrees to pay the contractor for the amount of labor time spent
by the contractor's employees and subcontractors to perform the work (number of hours times
hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs; invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
The Contractor shall provide documentation with their invoice, of the cost for parts (i.e., invoices)
for all items with the extended price of two hundred fifty dollars ($250.00) or more.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Adams Tank& Lift, Inc.
17464 East Street NE
North Fort Myers, Florida 33917
Phone: 239-731-6766; Fax: 239-731-6378
Attn: Donald Janusz, Service Manager
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
Phone: 239-252-8407
Fax: 239-252-6480
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.
5. 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.
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6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. 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.
8. TERMINATION. Should the Contractor be found to have failed to perform the Work in a manner
satisfactory to the County and requirements of 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.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10.INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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$1,000,000 for each accident.
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Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
D. Additional Insurance. Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$2,000,000 Aggregate, for Contractor's Pollution Liability and Contractor's Professional
Liability.
11.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, 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.
11.1 The duty to defend under this Article 11 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 11 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.
12.PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this Agreement or
any other agreement between Owner and Contractor, to such extent as may be necessary in the
Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d)
reasonable doubt that the Work can be completed for the unpaid balance of the Agreement
Amount; (e) reasonable indication that the Work will not be completed within the Agreement Time;
(f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
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If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
13.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
14.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of
the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon modification of the
Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized to
direct any extra or changed work orally. Any modifications to this Contract shall be in compliance
with the County's Procurement Ordinance, as amended and Procurement Procedures in effect at
the time such modifications are authorized.
15.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
16.COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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 in F.S. § 119.0701(2)(a)-(b) as stated as follows:
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:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law, to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
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copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from 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 public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency 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 public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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.
17.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. 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 Owner.
19.ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
20.WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered
by this Agreement will conform to the requirements as specified, and will be of satisfactory
material and quality production, free from defects, and sufficient for the purpose intended. Goods
shall be delivered free from any security interest or other lien, encumbrance or claim of any third
party. Any services provided under this Agreement shall be provided in accordance with generally
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
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If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed and
courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
22.TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the
Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility
therefore, pay all costs in connection therewith and furnish to the Owner the required certificates
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
23.PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
24.EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Agreement Amount or an extension to the Agreement Time.
25.AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Solid and Hazardous Waste Management Division.
26.COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6374R any addenda,
Exhibit A —Scope of Work, Exhibit B — Price Schedule and subsequent quotes, made or issued
pursuant to this Agreement.
27.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 Agreement held by the individual and/or firm for cause.
28.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.
29.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. No
markup shall be applied to sales tax.
30.IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of 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. 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.
31.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.
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32.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 Agreement to other governmental entities at the discretion of the successful proposer.
33.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.
34.SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four(4) years.
35.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.
36.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 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/division 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
Division Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman
Dated:
(Seal)
Adams Tank & Lift, Inc.
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
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Exhibit A— Scope of Work
Background
The storage tank systems owned by the County containing hazardous materials and petroleum
products require routine maintenance and testing as well as unexpected repairs on a routine basis.
Much of this work is mandated in the National Fire Prevention Association Codes (NFPA) and Florida
Administrative Codes (F.A.C.). The County expects to require services for testing, maintenance, and
repairs for the storage tanks that it owns. County divisions, including, but not limited to Facilities
Management, Parks & Recreation, Fleet Management, Water, Wastewater, Sherriffs Office, and the
Airport Authority, have historically required emergency & routine equipment repair/replacement,
testing and maintenance to their approximately 300 county storage tanks/systems in order to be
compliant with applicable regulations or to avoid the probability of a discharge.
Detailed Scope of Work
The Contractor shall comply with the following General Requirements and County Division's specific
requirements, including but not limited to:
1. Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday, excluding County recognized holidays. All other hours shall be considered
overtime and charged at the appropriate rate of time and .one half. Work completed on County
recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time
and one half.
2. The Contractor may be required to do emergency repairs at times other than normal working
hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three
hundred sixty-five (365) days per year for such emergency work.
3. The Contractor shall supply the County with an emergency on-call telephone number and the
same (or different telephone number) for routine repairs/new installation.
4. Licenses & Certifications: The Contractor shall possess and maintain throughout the term of the
contract period and any renewal periods, employee(s) holding a Pollutant Storage System
Contractors (PSSC) license; employee(s) Veeder Root, Omntec, Incon/Franklin, Pnuemercator,
and OPW tank monitoring systems certified for installation, testing & repair; and employee(s)
holding an RQ license. The Contractor shall provide personnel currently certified by the
manufacturer for the equipment being installed or maintained as dictated applicable in the
installation or operation & maintenance manual for said equipment. When required, due to the
type of work being conducted, the Contractor shall insure the holder of the PSSC, Registered
Precision Tank Tester (RQ) and tank monitoring system certification be present, supervise or
performing the work as applicable. The Contractor shall hold the correct occupational licenses, all
professional licenses or other authorizations necessary to carry out and perform the work required
by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and
rules and regulations of any kind. The Contractor shall be licensed to operate within Collier
County.
5. Safety: Contractor and subcontractors shall comply with all Occupational Safety and Health
Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Contractors and subcontractors
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shall be responsible for the safety of 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.
6. Equipment: Contractor shall own and have in good repair, or have the ability to rent all equipment
necessary to perform the described services in particular and the equipment necessary to
complete related tasks.
7. Parts / New Storage Tank Equipment: The purchased petroleum equipment for installation or
replacement must be listed on the FDEP's approved equipment list and have a corresponding
EQ# regardless of tank size with the exception of:
i. Dispensers, dispenser islands, nozzles, and hoses;
ii. Monitoring well bailers;
iii. Manhole and fill box covers;
iv. Valves;
v. Cathodic protection test stations;
vi. Metallic bulk product piping;
vii. Small diameter piping not in contact with soil, unless the piping extends over or into
surface waters; and
viii. Vent lines.
8. Parts Markup Parts purchased for equipment repairs shall be reimbursed at cost plus applicable
mark-up. The Contractor shall provide documentation with their invoice, of the cost for parts (i.e.,
invoices) for all items with the extended price of two hundred fifty dollars ($250.00) or more.
Contractor must also have the ability to order and receive repair parts in a timely and effective
manner.
9. Protection of Property: The Contractor shall make necessary repairs in such a manner that does
not damage property. In the event damage occurs to property by reason of any repairs or
installations performed under this Contract, the Contractor shall replace or repair the same at no
cost to the County. If damage caused by the Contractor has to be repaired or replaced by the
County, the cost of such work shall be deducted from the monies due the Contractor.
10.Discharges of Product and Wastes from the Storage Tank: In the event a discharge is deemed to
have been caused by the Contractor while working on the storage tank system, the Contractor
shall immediately notify the County by phone call and a follow up email / fax detailing the
discharge event's time/date, cause, amount discharged, impacted areas and environmental media
contaminated (i.e. groundwater, surface water, soils). The Contractor is responsible for the
abatement, remediation and disposal of waste related to the discharge and must hold insurance of
no less than 1 million dollars per incident for the remediation of the discharge and third party
liability. All discharge cleanup work must be compliant with 62-780, F.A.C. &62-777, F.A.C.
11.Clean-Up: The Contractors shall be responsible for removing all debris from the site and cleaning
affected areas. Contractor shall keep the premises free of debris and unusable materials resulting
from their work and as work progresses, or upon request by the County's representative, shall
remove such debris and materials from the property. The Contractor shall leave all affected areas
as they were prior to beginning work (i.e. backfill trenches and replace sod).
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12.Warranty/Guarantee: Parts, replacement parts shall be new and warranted for ninety (90) days
unless a longer period is specified by the manufacturer. All labor for repairs shall have a ninety
(90) day warranty.
13.Compliance: All work must be compliant with 62-761, F.A.C.; 62-762, F.A.C.; NFPA 30, 30A, and
all other NFPA codes as applicable; PEI standards, API standards, STI standards; UL standards;
ASME standards; NLPA standards; and ACI standards as applicable.
14.Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the
Contractor will be notified by the County and be given seven (7) calendar days to correct the work.
There will be no cost to the County for re-work or previously performed service by Contractor.
15.Contractor Rates: All rates quoted shall include the total labor cost including, but not limited to the
hourly employee pay rate, insurance, Contractor's overhead, profit, employee-related taxes, and
any, and all costs associated with the employee travel including cost of vehicle, mileage, fuel
charges and any other surcharges.
16.Invoices: The Contractor shall produce invoices that contain the following details regarding the
services performed:
i. Purchase order number
ii. Location of service and any department reference number for the service,
iii. By position: Identify position, number of work hours performed on site, labor rate and total
cost,
iv. Materials furnished: Description of each part used, Contractor's cost of part, mark-up
(either as a percentage or dollar) and total cost (the County may request the Contractor's
invoice from their supplier for any material used on the completion of a project),
v. Equipment: Description of each piece of equipment used (including EQ#), Contractor's
cost of equipment and total cost (the County may request the Contractor's invoice from
their supplier for any equipment rented on the completion of a project)
vi. Subcontractors: Description of service provided, number of hours, hourly rate per trade,
Contractor's mark-up and total cost,
vii. If applicable, any deductions or discounts, and
viii. Total cost to be paid by the County.
17.Staff will follow the Quote Process as outlined in Section 2.2(ii) in the Agreement and Contractor's
response to on-call repairs/typical/project work ("on-call repair") and emergency work will be
based on the following priority system:
Priority 1 (Emergency) - The division will call for an emergency repair, which shall be followed- up
by a confirming fax / email to the Contractor by staff. The Contractor shall call the requesting
division confirming receipt as soon as it is received. The Contractor shall be on-site and effecting
repairs in two (2) hours or less.
Priority 2 (Emergency On-Call Repair) - The division will call for a repair, which shall be followed
up by a confirming fax/email to the Contractor from staff. The Contractor shall call the requesting
division confirming receipt as soon as it is received. The Contractor shall be on-site and repairs
begun within four (4) hours of the initial call being placed.
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Priority 3 (On-Call Repair) - The division will call for a repair, which shall be followed up by a
confirming fax / email to staff. The Contractor shall call, email, or fax the requesting division
confirming receipt of the fax / email within one (1) hour and on-site repairs begun within twenty
four (24) hours of the initial repair call. This is for repairs that do not require immediate attention.
Priority 4 (On-Call Repair) - The division will call the Contractor for repair, which shall be followed
up by a confirming fax / email to the Contractor. The Contractor shall call, email, or fax the
requesting division confirming receipt of the fax / email within one (1) hour and on-site repairs
begun within seven (7) calendar days of the initial repair call. This is for repairs that can withstand
a wait of several days.
Hurricane and/or Natural Disaster Preparation
Responses post hurricane / disaster will follow the priority system above. However, it may be
deemed necessary to prepare for the approaching storm by isolating fueling components, draining
lines, turning off valves, and anchoring equipment among other things. In such instance, the
division will call the Contractor for assistance, which shall be followed up by a confirming fax /
email to the Contractor. The Contractor shall call, email, or fax the requesting division confirming
receipt of the fax / email within one (1) hour and on-site disaster preparation within one (1)
calendar day of the initial request for assistance.
Each confirming fax/ email will be sent to the Contractor with a priority attached and a timetable. If
a priority is not specified, the Contractor is responsible for obtaining a priority so that the work can
be classified properly.• A sample copy of the work request and timetable is attached below:
Sample Only
Agreemen#15 6374R
Fuel Tank
Maintenance Request
_., Service Request
Date Issued: Request#
Facility Name: Contact Person:
Phone#: FAX#:
Issued To (Contractor)
Phone#: FAX#:
Priority: Circle One- 1 2 3 4
Priority Definitions:
1. Priority 1 - Emergency, Contractor response within 2 hours of work request receipt.
2. Priority 2 - Contractor repair response within 4 hours of work request receipt.
3. Priority 3 - Contractor repair response within 24 hours of work request receipt.
4. Priority 4 - Contractor repair response within 7 calendar days of work request receipt.
Problem
18.Inspection services: An option is available for the division to request inspection services for
monthly fuel release detection checks. In the event the work is sub-contracted, the markup shall
be as stated in Exhibit B — Price Schedule, and the Contractor shall provide invoices from the sub-
contractor to the Contractor.
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Exhibit B — Price Schedule
Item Description; cF
1 Material % Markup 20%
2 Sub-contractor% Markup 15%
3 Hire of Equipment % Markup 15%
4 Foreman per Hour(straight time) $65.00
5 Certificated Technician per Hour(straight time) $67.50
6 Helper per Hour(straight time) $55.00
7 General Laborer per Hour(straight time) $55.00
8 Administrative support per hour(straight time) $75.00
9 Trip Charge- per call per vehicle $75.00
10 Operability testing of release detection devices (certification for Veeder Root $300.00
required for Veeder Root equipment being tested)
11 Line leak detector testing $90.00
12 Tank tightness testing (primary compartment) $400.00
13 Piping tightness testing (primary compartment) $150.00
14 Breach of Integrity testing (BOI) (tank interstice) $400.00
15 Breach of Integrity testing (BOI) (piping interstice) $150.00
16 Hydrostatic testing of containment sumps (spcontainment, dispensers, & $100.00
submersible turbine pumps)
17 Inert gas testing material ex. Nitrogen (per Ib) $2.50
18 Calibration of dispensers for fuel sales (per meter) $49.50
19 Fuel polishing (per gal) $0.72
**Priority 1 and 2 emergency repairs are considered overtime and may be charged at the appropriate
rate of time and one half.
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AGREEMENTI5-6374R
for
Maintenance, Repair, and Testing for Fuel Storage Tank Systems
THIS AGREEMENT is made and entered into this day of , 2016, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Guardian Fueling Technologies, LLC,
authorized to do business in the State of Florida, whose business address is 12065 Metro Parkway,
Suite 100, Fort Myers, Florida 33966 (hereinafter referred to as the"Contractor").
WITNESSETH:
1. TERM AND COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing
upon Board approval and terminating one (1) year after, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This Agreement shall have two (2) additional, one (1) year renewals, renewable
annually. The Contractor shall commence the Work upon issuance of a Purchase Order.
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 ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed three (3) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for Maintenance, Repair, and Testing for Fuel Storage Tank Systems
on an as-needed basis as may be required by the Owner in accordance with the terms and
conditions of Invitation to Bid (ITB) #15-6374R and the Contractor's proposal, which is
incorporated by reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
2.2 The procedure for obtaining Work under this Agreement is as follows:
Although the primary user of this Agreement is the Solid and Hazardous Waste Management
Division, any County Division may use this Agreement provided sufficient funds are included in its
budget. The process for obtaining services under this Agreement is as follows:
I. New Work: The Contractor shall provide written "not to exceed" estimates on all projects
that are not deemed to be emergencies and on-call repairs. This estimate shall include the
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estimated number of hours, hourly rate, number and types of employees required,
estimated material cost and number of calendar days required for project completion.
Contractor shall respond to requests for estimates for non-emergency work within two (2)
days and provide written estimates within five (5) days. It shall be the Contractor's
responsibility to ensure they have all information to prepare accurate estimates.
i. Quote Process: The Contractor agrees to provide written quotes to the division. Further, the
Contractor shall not charge the division for the cost of the quote, meetings pertaining to the
quotes, or on-site visits to obtain the quotes.
a. For work estimated to be less than $50,000: the division may quote out the work
among all contractors on contract, or competitively solicit for new quotes.
b. For work estimated to be greater than $50,000 and less than $200,000: the
division may quote out work among the contractors on contract, or, may conduct a
separate new solicitation.
c. In no case may a single repair or new installation job exceed $200,000 for work
resulting from this ITB.
Quotes shall be provided to the division contact in the following timeframe:
a. Division Emergency Orders: The Contractor(s) shall provide the quote within one (1)
hour. Contractor(s) who do not provide written quotes within one (1) business hour shall
be declared as having provided a "no-bid" response to the County.
b. Division On Call Repairs/Typical/Project Work: The Contractor(s) shall provide written
quotes within ten (10) business days from the County's request. Contractor(s) who do
not provide written quotes within ten (10) business days shall be declared as having
provided a "no bid" response to the County.
iii. Award: The user division will then authorize the Work, provided that there has been a
Purchase Order established for the Work or a blanket Purchase Order. In each description
of Work, the Owner reserves the right to specify: the period of completion; and collection of
liquidated damages in the event of late completion.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or his designee, in compliance with the County's Procurement Ordinance, as
amended, and Procedures in effect at the time such services are authorized.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of time and
materials Work pursuant to the prices offered by the Contractor in his response to ITB # 15-6374R
per Exhibit B "Price Schedule," attached hereto, and as further defined in Section 3.1.
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3.1 Price Methodology:
Time and Materials: the County agrees to pay the Contractor for the amount of labor time spent
by the Contractor's employees and subcontractors to perform the work (number of hours times
hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs; invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
The Contractor shall provide documentation with their invoice, of the cost for parts (i.e., invoices)
for all items with the extended price of two hundred fifty dollars ($250.00) or more.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Guardian Fueling Technologies, LLC
12065 Metro Parkway, Suite 100
Fort Myers, Florida 33966
Phone: 904-680-0850; Fax: 904-680-0853
Attn: James Latronica, Service Manager Southwest Florida
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
Phone: 239-252-8407
Fax: 239-252-6480
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.
5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
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such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. 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.
8. TERMINATION. Should the Contractor be found to have failed to perform the Work in a manner
satisfactory to the County and requirements of 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.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10.INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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$1,000,000 for each accident.
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Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
D. Additional Insurance. Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$2,000,000 Aggregate, for Contractor's Pollution Liability and Contractor's Professional
Liability.
11.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, 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.
11.1 The duty to defend under this Article 11 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 11 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.
12.PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this Agreement or
any other agreement between Owner and Contractor, to such extent as may be necessary in the
Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d)
reasonable doubt that the Work can be completed for the unpaid balance of the Agreement
Amount; (e) reasonable indication that the Work will not be completed within the Agreement Time;
(f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
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If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
13.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
14.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of
the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon modification of the
Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized to
direct any extra or changed work orally. Any modifications to this Contract shall be in compliance
with the County's Procurement Ordinance, as amended and Procurement Procedures in effect at
the time such modifications are authorized.
15.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
16.COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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 in F.S. § 119.0701(2)(a)-(b) as stated as follows:
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:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law, to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
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copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from 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 public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency 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 public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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.
17.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. 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 Owner.
19.ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
20.WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered
by this Agreement will conform to the requirements as specified, and will be of satisfactory
material and quality production, free from defects, and sufficient for the purpose intended. Goods
shall be delivered free from any security interest or other lien, encumbrance or claim of any third
party. Any services provided under this Agreement shall be provided in accordance with generally
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
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If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed and
courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
22.TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the
Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility
therefore, pay all costs in connection therewith and furnish to the Owner the required certificates
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
23.PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
24.EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Agreement Amount or an extension to the Agreement Time.
25.AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Solid and Hazardous Waste Management Division.
26.COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6374R any addenda,
Exhibit A —Scope of Work, Exhibit B- Price Schedule, and subsequent quotes, made or issued
pursuant to this Agreement.
27.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 Agreement held by the individual and/or firm for cause.
28.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.
29.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. No
markup shall be applied to sales tax.
30.IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of 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. 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.
31.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.
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32.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 Agreement to other governmental entities at the discretion of the successful proposer.
33.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.
34.SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four(4) years.
35.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.
36.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 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/division 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
Division Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman
Dated:
(Seal)
Guardian Fueling Technologies, LLC
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
(;7;4
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Exhibit A—Scope of Work
Background
The storage tank systems owned by the County containing hazardous materials and petroleum
products require routine maintenance and testing as well as unexpected repairs on a routine basis.
Much of this work is mandated in the National Fire Prevention Association Codes (NFPA) and Florida
Administrative Codes (F.A.C.). The County expects to require services for testing, maintenance, and
repairs for the storage tanks that it owns. County divisions, including, but not limited to Facilities
Management, Parks & Recreation, Fleet Management, Water, Wastewater, Sherriffs Office, and the
Airport Authority, have historically required emergency & routine equipment repair/replacement,
testing and maintenance to their approximately 300 county storage tanks/systems in order to be
compliant with applicable regulations or to avoid the probability of a discharge.
Detailed Scope of Work
The Contractor shall comply with the following General Requirements and County Division's specific
requirements, including but not limited to:
1. Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday, excluding County recognized holidays. All other hours shall be considered
overtime and charged at the appropriate rate of time and one half. Work completed on County
recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time
and one half.
2. The Contractor may be required to do emergency repairs at times other than normal working
hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three
hundred sixty-five (365) days per year for such emergency work.
3. The Contractor shall supply the County with an emergency on-call telephone number and the
same (or different telephone number) for routine repairs/new installation.
4. Licenses & Certifications: The Contractor shall possess and maintain throughout the term of the
contract period and any renewal periods, employee(s) holding a Pollutant Storage System
Contractors (PSSC) license; employee(s) Veeder Root, Omntec, Incon/Franklin, Pnuemercator,
and OPW tank monitoring systems certified for installation, testing & repair; and employee(s)
holding an RQ license. The Contractor shall provide personnel currently certified by the
manufacturer for the equipment being installed or maintained as dictated applicable in the
installation or operation & maintenance manual for said equipment. When required, due to the
type of work being conducted, the Contractor shall insure the holder of the PSSC, Registered
Precision Tank Tester (RQ) and tank monitoring system certification be present, supervise or
performing the work as applicable. The Contractor shall hold the correct occupational licenses, all
professional licenses or other authorizations necessary to carry out and perform the work required
by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and
rules and regulations of any kind. The Contractor shall be licensed to operate within Collier
County.
5. Safety: Contractor and subcontractors shall comply with all Occupational Safety and Health
Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational
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Health Standards and any other applicable rules and regulations. Contractors and subcontractors
shall be responsible for the safety of 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.
6. Equipment: Contractor shall own and have in good repair, or have the ability to rent all equipment
necessary to perform the described services in particular and the equipment necessary to
complete related tasks.
7. Parts / New Storage Tank Equipment: The purchased petroleum equipment for installation or
replacement must be listed on the FDEP's approved equipment list and have a corresponding
EQ# regardless of tank size with the exception of:
i. Dispensers, dispenser islands, nozzles, and hoses;
ii. Monitoring well bailers;
iii. Manhole and fill box covers;
iv. Valves;
v. Cathodic protection test stations;
vi. Metallic bulk product piping;
vii. Small diameter piping not in contact with soil, unless the piping extends over or into
surface waters; and
viii. Vent lines.
8. Parts Markup Parts purchased for equipment repairs shall be reimbursed at cost plus applicable
mark-up. The Contractor shall provide documentation with their invoice, of the cost for parts (i.e.,
invoices) for all items with the extended price of two hundred fifty dollars ($250.00) or more.
Contractor must also have the ability to order and receive repair parts in a timely and effective
manner.
9. Protection of Property: The Contractor shall make necessary repairs in such a manner that does
not damage property. In the event damage occurs to property by reason of any repairs or
installations performed under this Contract, the Contractor shall replace or repair the same at no
cost to the County. If damage caused by the Contractor has to be repaired or replaced by the
County, the cost of such work shall be deducted from the monies due the Contractor.
10.Discharges of Product and Wastes from the Storaqe Tank: In the event a discharge is deemed to
have been caused by the Contractor while working on the storage tank system, the Contractor
shall immediately notify the County by phone call and a follow up email / fax detailing the
discharge event's time/date, cause, amount discharged, impacted areas and environmental media
contaminated (i.e. groundwater, surface water, soils). The Contractor is responsible for the
abatement, remediation and disposal of waste related to the discharge and must hold insurance of
no less than 1 million dollars per incident for the remediation of the discharge and third party
liability. All discharge cleanup work must be compliant with 62-780, F.A.C. &62-777, F.A.C.
11.Clean-Up: The Contractors shall be responsible for removing all debris from the site and cleaning
affected areas. Contractor shall keep the premises free of debris and unusable materials resulting
from their work and as work progresses, or upon request by the County's representative, shall
remove such debris and materials from the property. The Contractor shall leave all affected areas
as they were prior to beginning work (i.e. backfill trenches and replace sod).
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12.Warranty/Guarantee: Parts, replacement parts shall be new and warranted for ninety (90) days
unless a longer period is specified by the manufacturer. All labor for repairs shall have a ninety
(90) day warranty.
13.Compliance: All work must be compliant with 62-761, F.A.C.; 62-762, F.A.C.; NFPA 30, 30A, and
all other NFPA codes as applicable; PEI standards, API standards, STI standards; UL standards;
ASME standards; NLPA standards; and ACI standards as applicable.
14.Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the
Contractor will be notified by the County and be given seven (7) calendar days to correct the work.
There will be no cost to the County for re-work or previously performed service by Contractor.
15.Contractor Rates: All rates quoted shall include the total labor cost including, but not limited to the
hourly employee pay rate, insurance, Contractor's overhead, profit, employee-related taxes, and
any, and all costs associated with the employee travel including cost of vehicle, mileage, fuel
charges and any other surcharges.
16.Invoices: The Contractor shall produce invoices that contain the following details regarding the
services performed:
i. Purchase order number
ii. Location of service and any department reference number for the service,
iii. By position: Identify position, number of work hours performed on site, labor rate and total
cost,
iv. Materials furnished: Description of each part used, Contractor's cost of part, mark-up
(either as a percentage or dollar) and total cost (the County may request the Contractor's
invoice from their supplier for any material used on the completion of a project),
v. Equipment: Description of each piece of equipment used (including EQ#), Contractor's
cost of equipment and total cost (the County may request the Contractor's invoice from
their supplier for any equipment rented on the completion of a project)
vi. Subcontractors: Description of service provided, number of hours, hourly rate per trade,
Contractor's mark-up and total cost,
vii. If applicable, any deductions or discounts, and
viii. Total cost to be paid by the County.
17.Staff will follow the Quote Process as outlined in Section 2.2(ii) in the Agreement and Contractor's
response to on-call repairs/typical/project work ("on-call repair") and emergency work will be
based on the following priority system:
Priority 1 (Emergency) - The division will call for an emergency repair, which shall be followed up
by a confirming fax / email to the Contractor by staff. The Contractor shall call the requesting
division confirming receipt as soon as it is received. The Contractor shall be on-site and effecting
repairs in two (2) hours or less.
Priority 2 (Emergency On-Call Repair) - The division will call for a repair, which shall be followed
up by a confirming fax /email to the Contractor from staff. The Contractor shall call the requesting
division confirming receipt as soon as it is received. The Contractor shall be on-site and repairs
begun within four (4) hours of the initial call being placed.
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Priority 3 (On-Call Repair) - The division will call for a repair, which shall be followed up by a
confirming fax / email to staff. The Contractor shall call, email, or fax the requesting division
confirming receipt of the fax / email within one (1) hour and on-site repairs begun within twenty
four (24) hours of the initial repair call. This is for repairs that do not require immediate attention.
Priority 4 (On-Call Repair) - The division will call the Contractor for repair, which shall be followed
up by a confirming fax / email to the Contractor. The•Contractor shall call, email, or fax the
requesting division confirming receipt of the fax / email within one (1) hour and on-site repairs
begun within seven (7) calendar days of the initial repair call. This is for repairs that can withstand
a wait of several days.
Hurricane and/or Natural Disaster Preparation
Responses post hurricane / disaster will follow the priority system above. However, it may be
deemed necessary to prepare for the approaching storm by isolating fueling components, draining
lines, turning off valves, and anchoring equipment among other things. In such instance, the
division will call the Contractor for assistance, which shall be followed up by a confirming fax /
email to the Contractor. The Contractor shall call, email, or fax the requesting division confirming
receipt of the fax / email within one (1) hour and on-site disaster preparation within one (1)
calendar day of the initial request for assistance.
Each confirming fax/email will be sent to the Contractor with a priority attached and a timetable. If
a priority is not specified, the Contractor is responsible for obtaining a priority so that the work can
be classified properly. A sample copy of the work request and timetable is attached below:
Sample Only
A
greement�� �374R ,
Fuel Tank
Maintenance Request
E kl
tE
,. ... Service_Request ;
Date Issued: Request#
Facility Name: Contact Person:
Phone#: FAX#:
Issued To (Contractor)
Phone#: FAX#:
Priority: Circle One- 1 2 3 4
Priority Definitions:
1. Priority 1 - Emergency, Contractor response within 2 hours of work request receipt.
2. Priority 2 - Contractor repair response within 4 hours of work request receipt.
3. Priority 3 - Contractor repair response within 24 hours of work request receipt.
4. Priority 4 - Contractor repair response within 7 calendar days of work request receipt.
Problem
18.Inspection services: An option is available for the division to request inspection services for
monthly fuel release detection checks. In the event the work is sub-contracted, the markup shall
be as stated in Exhibit B — Price Schedule, and the Contractor shall provide invoices from the sub-
contractor to the Contractor.
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Exhibit B —Price Schedule
� a
Uti
y r ric
Item ;Description ��
g k
1 Material % Markup 25%
2 Sub-contractor% Markup 10%
3 Hire of Equipment % Markup 10%
4 Foreman per Hour(straight time) $60.00
5 Certificated Technician per Hour(straight time) $60.00
6 Helper per Hour(straight time) $55.00
7 General Laborer per Hour(straight time) $55.00
8 Administrative support per hour(straight time) $125.00
9 Trip Charge- per call per vehicle $65.00
10 Operability testing of release detection devices (certification for Veeder Root $175.00
required for Veeder Root equipment being tested)
11 Line leak detector testing $125.00
12 Tank tightness testing (primary compartment) $175.00
13 Piping tightness testing (primary compartment) $175.00
14 Breach of Integrity testing (BOI) (tank interstice) $175.00
15 Breach of Integrity testing (BOI) (piping interstice) $175.00
16 Hydrostatic testing of containment sumps (spcontainment, dispensers, & $325.00
submersible turbine pumps)
17 Inert gas testing material ex. Nitrogen (per Ib) $50.00/trip use
18 Calibration of dispensers for fuel sales (per meter) $10.00
19 Fuel polishing (per gal) $0.99
**Priority 1 and 2 emergency repairs are considered overtime and may be charged at the appropriate
rate of time and one half.
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AGREEMENTI5-6374R
for
Maintenance, Repair, and Testing for Fuel Storage Tank Systems
THIS AGREEMENT is made and entered into this day of , 2016, by and between
the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Southern Tank and Pump Co.
authorized to do business in the State of Florida, whose business address is 464 Pine Island Road,
North Fort Myers, Florida 33903 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. TERM AND COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing
upon Board approval and terminating one (1) year after, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed or
terminated. This Agreement shall have two (2) additional, one (1) year renewals, renewable
annually. The Contractor shall commence the Work upon issuance of a Purchase Order.
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 ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed three (3) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for Maintenance, Repair, and Testing for Fuel Storage Tank Systems
on an as-needed basis as may be required by the Owner in accordance with the terms and
conditions of Invitation to Bid (ITB) #15-6374R and the Contractor's proposal, which is
incorporated by reference and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
2.2 The procedure for obtaining Work under this Agreement is as follows:
Although the primary user of this Agreement is the Solid and Hazardous Waste Management
Division, any County Division may use this Agreement provided sufficient funds are included in its
budget. The process for obtaining services under this Agreement is as follows:
i. New Work: The Contractor shall provide written "not to exceed" estimates on all projects
that are not deemed to be emergencies and on-call repairs. This estimate shall include the
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estimated number of hours, hourly rate, number and types of employees required,
estimated material cost and number of calendar days required for project completion.
Contractor shall respond to requests for estimates for non-emergency work within two (2)
days and provide written estimates within five (5) days. It shall be the Contractor's
responsibility to ensure they have all information to prepare accurate estimates.
ii. Quote Process: The Contractor agrees to provide written quotes to the division. Further, the
Contractor shall not charge the division for the cost of the quote, meetings pertaining to the
quotes, or on-site visits to obtain the quotes.
a. For work estimated to be less than $50,000: the division may quote out the work
among all contractors on contract, or competitively solicit for new quotes.
b. For work estimated to be greater than $50,000 and less than $200,000: the
division may quote out work among the contractors on contract, or, may conduct a
separate new solicitation.
c. In no case may a single repair or new installation job exceed $200,000 for work
resulting from this ITB.
Quotes shall be provided to the division contact in the following timeframe:
a. Division Emergency Orders: The Contractor(s) shall provide the quote within one (1)
hour. Contractor(s) who do not provide written quotes within one (1)business hour shall
be declared as having provided a "no-bid" response to the County.
b. Division On Call Repairs/Typical/Project Work: The Contractor(s) shall provide written
quotes within ten (10) business days from the County's request. Contractor(s) who do
not provide written quotes within ten (10) business days shall be declared as having
provided a "no bid" response to the County.
iii. Award: The user division will then authorize the Work, provided that there has been a
Purchase Order established for the Work or a blanket Purchase Order. In each description
of Work, the Owner reserves the right to specify: the period of completion; and collection of
liquidated damages in the event of late completion.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or his designee, in compliance with the County's Procurement Ordinance, as
amended, and Procedures in effect at the time such services are authorized.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of time and
materials Work pursuant to the prices offered by the Contractor in his response to ITB # 15-6374R
per Exhibit B "Price Schedule," attached hereto, and as further defined in Section 3.1.
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3.1 Price Methodology:
Time and Materials: the County agrees to pay the Contractor for the amount of labor time spent
by the Contractor's employees and subcontractors to perform the work (number of hours times
hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs; invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
The Contractor shall provide documentation with their invoice, of the cost for parts (i.e., invoices)
for all items with the extended price of two hundred fifty dollars ($250.00) or more.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Southern Tank and Pump Co.
464 Pine Island Road
North Fort Myers, Florida 33903
Phone: 239-995-1990; Fax: 239-995-3404
Attn: James Latronica, Service Manager Southwest Florida
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Procurement Services Division
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services Division
Phone: 239-252-8407
Fax: 239-252-6480
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.
5. 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.
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6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. 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.
7. 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.
8. TERMINATION. Should the Contractor be found to have failed to perform the Work in a manner
satisfactory to the County and requirements of 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.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10.INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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$1,000,000 for each accident.
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Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that Contractor is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
D. Additional Insurance. Coverage shall have minimum limits of $1,000,000 Per Occurrence,
$2,000,000 Aggregate, for Contractor's Pollution Liability and Contractor's Professional
Liability.
11.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, 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.
11.1 The duty to defend under this Article 11 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 11 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.
12.PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this Agreement or
any other agreement between Owner and Contractor, to such extent as may be necessary in the
Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d)
reasonable doubt that the Work can be completed for the unpaid balance of the Agreement
Amount; (e) reasonable indication that the Work will not be completed within the Agreement Time;
(f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
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If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
13.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
14.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of
the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon modification of the
Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized to
direct any extra or changed work orally. Any modifications to this Contract shall be in compliance
with the County's Procurement Ordinance, as amended and Procurement Procedures in effect at
the time such modifications are authorized.
15.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
16.COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with 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 in F.S. § 119.0701(2)(a)-(b) as stated as follows:
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:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law, to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
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copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from 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 public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency 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 public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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.
17.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
18.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. 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 Owner.
19.ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's
Board approved Executive Summary, the Contract Documents shall take precedence.
20.WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered
by this Agreement will conform to the requirements as specified, and will be of satisfactory
material and quality production, free from defects, and sufficient for the purpose intended. Goods
shall be delivered free from any security interest or other lien, encumbrance or claim of any third
party. Any services provided under this Agreement shall be provided in accordance with generally
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
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If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed and
courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
22.TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the
Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility
therefore, pay all costs in connection therewith and furnish to the Owner the required certificates
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
23.PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
24.EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Agreement Amount or an extension to the Agreement Time.
25.AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Solid and Hazardous Waste Management Division.
26.COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6374R any addenda,
Exhibit A-Scope of Work, Exhibit B-Price Schedule, and subsequent quotes, made or issued
pursuant to this Agreement.
27.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 Agreement held by the individual and/or firm for cause.
28.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.
29.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. No
markup shall be applied to sales tax.
30.IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of 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. 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.
31.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.
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32.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 Agreement to other governmental entities at the discretion of the successful proposer.
33.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.
34.SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four (4) years.
35.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.
36.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 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/division 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
Division Safety Manager and/or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman
Dated:
(Seal)
Southern Tank and Pump Co.
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to Form and Legality:
Assistant County Attorney
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Exhibit A—Scope of Work
Background
The storage tank systems owned by the County containing hazardous materials and petroleum
products require routine maintenance and testing as well as unexpected repairs on a routine basis.
Much of this work is mandated in the National Fire Prevention Association Codes (NFPA) and Florida
Administrative Codes (F.A.C.). The County expects to require services for testing, maintenance, and
repairs for the storage tanks that it owns. County divisions, including, but not limited to Facilities
Management, Parks & Recreation, Fleet Management, Water, Wastewater, Sherriff's Office, and the
Airport Authority, have historically required emergency & routine equipment repair/replacement,
testing and maintenance to their approximately 300 county storage tanks/systems in order to be
compliant with applicable regulations or to avoid the probability of a discharge.
Detailed Scope of Work
The Contractor shall comply with the following General Requirements and County Division's specific
requirements, including but not limited to:
1. Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday, excluding County recognized holidays. All other hours shall be considered
overtime and charged at the appropriate rate of time and one half. Work completed on County
recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time
and one half.
2. The Contractor may be required to do emergency repairs at times other than normal working
hours. The Contractor shall be in a position to be available on a twenty-four (24) hour basis, three
hundred sixty-five (365) days per year for such emergency work.
3. The Contractor shall supply the County with an emergency on-call telephone number and the
same (or different telephone number) for routine repairs/new installation.
4. Licenses & Certifications: The Contractor shall possess and maintain throughout the term of the
contract period and any renewal periods, employee(s) holding a Pollutant Storage System
Contractors (PSSC) license; employee(s) Veeder Root, Omntec, Incon/Franklin, Pnuemercator,
and OPW tank monitoring systems certified for installation, testing & repair; and employee(s)
holding an RQ license. The Contractor shall provide personnel currently certified by the
manufacturer for the equipment being installed or maintained as dictated applicable in the
installation or operation & maintenance manual for said equipment. When required, due to the
type of work being conducted, the Contractor shall insure the holder of the PSSC, Registered
Precision Tank Tester (RQ) and tank monitoring system certification be present, supervise or
performing the work as applicable. The Contractor shall hold the correct occupational licenses, all
professional licenses or other authorizations necessary to carry out and perform the work required
by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and
rules and regulations of any kind. The Contractor shall be licensed to operate within Collier
County.
5. Safety: Contractor and subcontractors shall comply with all Occupational Safety and Health
Administration (OSHA), National Electric Code (NEC), State and County Safety and Occupational
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Health Standards and any other applicable rules and regulations. Contractors and subcontractors
shall be responsible for the safety of 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.
6. Equipment: Contractor shall own and have in good repair, or have the ability to rent all equipment
necessary to perform the described services in particular and the equipment necessary to
complete related tasks.
7. Parts / New Storage Tank Equipment: The purchased petroleum equipment for installation or
replacement must be listed on the FDEP's approved equipment list and have a corresponding
EQ# regardless of tank size with the exception of:
i. Dispensers, dispenser islands, nozzles, and hoses;
ii. Monitoring well bailers;
iii. Manhole and fill box covers;
iv. Valves;
v. Cathodic protection test stations;
vi. Metallic bulk product piping;
vii. Small diameter piping not in contact with soil, unless the piping extends over or into
surface waters; and
viii. Vent lines.
8. Parts Markup Parts purchased for equipment repairs shall be reimbursed at cost plus applicable
mark-up. The Contractor shall provide documentation with their invoice, of the cost for parts (i.e.,
invoices) for all items with the extended price of two hundred fifty dollars ($250.00) or more.
Contractor must also have the ability to order and receive repair parts in a timely and effective
manner.
9. Protection of Property: The Contractor shall make necessary repairs in such a manner that does
not damage property. In the event damage occurs to property by reason of any repairs or
installations performed under this Contract, the Contractor shall replace or repair the same at no
cost to the County. If damage caused by the Contractor has to be repaired or replaced by the
County, the cost of such work shall be deducted from the monies due the Contractor.
10.Discharges of Product and Wastes from the Storage Tank: In the event a discharge is deemed to
have been caused by the Contractor while working on the storage tank system, the Contractor
shall immediately notify the County by phone call and a follow up email / fax detailing the
discharge event's time/date, cause, amount discharged, impacted areas and environmental media
contaminated (i.e. groundwater, surface water, soils). The Contractor is responsible for the
abatement, remediation and disposal of waste related to the discharge and must hold insurance of
no less than 1 million dollars per incident for the remediation of the discharge and third party
liability. All discharge cleanup work must be compliant with 62-780, F.A.C. & 62-777, F.A.C.
11.Clean-Up: The Contractors shall be responsible for removing all debris from the site and cleaning
affected areas. Contractor shall keep the premises free of debris and unusable materials resulting
from their work and as work progresses, or upon request by the County's representative, shall
remove such debris and materials from the property. The Contractor shall leave all affected areas
as they were prior to beginning work (i.e. backfill trenches and replace sod).
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12.Warranty/Guarantee: Parts, replacement parts shall be new and warranted for ninety (90) days
unless a longer period is specified by the manufacturer. All labor for repairs shall have a ninety
(90) day warranty.
13.Compliance: All work must be compliant with 62-761, F.A.C.; 62-762, F.A.C.; NFPA 30, 30A, and
all other NFPA codes as applicable; PEI standards, API standards, STI standards; UL standards;
ASME standards; NLPA standards; and ACI standards as applicable.
14.Unsatisfactory Work: In the event the work performance of the Contractor is unsatisfactory, the
Contractor will be notified by the County and be given seven (7) calendar days to correct the work.
There will be no cost to the County for re-work or previously performed service by Contractor.
15.Contractor Rates: All rates quoted shall include the total labor cost including, but not limited to the
hourly employee pay rate, insurance, Contractor's overhead, profit, employee-related taxes, and
any, and all costs associated with the employee travel including cost of vehicle, mileage, fuel
charges and any other surcharges.
16.Invoices: The Contractor shall produce invoices that contain the following details regarding the
services performed:
i. Purchase order number
ii. Location of service and any department reference number for the service,
iii. By position: Identify position, number of work hours performed on site, labor rate and total
cost,
iv. Materials furnished: Description of each part used, Contractor's cost of part, mark-up
(either as a percentage or dollar) and total cost (the County may request the Contractor's
invoice from their supplier for any material used on the completion of a project),
v. Equipment: Description of each piece of equipment used (including EQ#), Contractor's
cost of equipment and total cost (the County may request the Contractor's invoice from
their supplier for any equipment rented on the completion of a project)
vi. Subcontractors: Description of service provided, number of hours, hourly rate per trade,
Contractor's mark-up and total cost,
vii. If applicable, any deductions or discounts, and
viii. Total cost to be paid by the County.
17.Staff will follow the Quote Process as outlined in Section 2.2(ii) in the Agreement and Contractor's
response to on-call repairs/typical/project work ("on-call repair") and emergency work will be
based on the following priority system:
Priority 1 (Emergency) - The division will call for an emergency repair, which shall be followed up
by a confirming fax / email to the Contractor by staff. The Contractor shall call the requesting
division confirming receipt as soon as it is received. The Contractor shall be on-site and effecting
repairs in two (2) hours or less.
Priority 2 (Emergency On-Call Repair) - The division will call for a repair, which shall be followed
up by a confirming fax/email to the Contractor from staff. The Contractor shall call the requesting
division confirming receipt as soon as it is received. The Contractor shall be on-site and repairs
begun within four (4) hours of the initial call being placed.
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Priority 3 (On-Call Repair) - The division will call for a repair, which shall be followed up by a
confirming fax / email to staff. The Contractor shall call, email, or fax the requesting division
confirming receipt of the fax / email within one (1) hour and on-site repairs begun within twenty
four (24) hours of the initial repair call. This is for repairs that do not require immediate attention.
Priority 4 (On-Call Repair) - The division will call the Contractor for repair, which shall be followed
up by a confirming fax / email to the Contractor. The Contractor shall call, email, or fax the
requesting division confirming receipt of the fax / email within one (1) hour and on-site repairs
begun within seven (7) calendar days of the initial repair call. This is for repairs that can withstand
a wait of several days.
Hurricane and/or Natural Disaster Preparation
Responses post hurricane / disaster will follow the priority system above. However, it may be
deemed necessary to prepare for the approaching storm by isolating fueling components, draining
lines, turning off valves, and anchoring equipment among other things. In such instance, the
division will call the Contractor for assistance, which shall be followed up by a confirming fax /
email to the Contractor. The Contractor shall call, email, or fax the requesting division confirming
receipt of the fax / email within one (1) hour and on-site disaster preparation within one (1)
calendar day of the initial request for assistance.
Each confirming fax/email will be sent to the Contractor with a priority attached and a timetable. If
a priority is not specified, the Contractor is responsible for obtaining a priority so that the work can
be classified properly. A sample copy of the work request and timetable is attached below:
Sampte Oily
Agreement:15 6374 c
t
Fuel Tank
Maintenance Request
Service Re uest ;'.
Date Issued: Request#
Facility Name: Contact Person:
Phone#: FAX#:
Issued To (Contractor)
Phone#: FAX#:
Priority: Circle One - 1 2 3 4
Priority Definitions:
1. Priority 1 - Emergency, Contractor response within 2 hours of work request receipt.
2. Priority 2 - Contractor repair response within 4 hours of work request receipt.
3. Priority 3 - Contractor repair response within 24 hours of work request receipt.
4. Priority 4 - Contractor repair response within 7 calendar days of work request receipt.
Problem
18.Inspection services: An option is available for the division to request inspection services for monthly
fuel release detection checks. In the event the work is sub-contracted, the markup shall be as stated
in Exhibit B — Price Schedule, and the Contractor shall provide invoices from the sub-contractor to the
Contractor.
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Exhibit B— Price Schedule
( f
Item Description •
1 a
1 Material % Markup 10%
2 Sub-contractor% Markup 15%
3 Hire of Equipment % Markup 15%
4 Foreman per Hour(straight time) $70.00
5 Certificated Technician per Hour(straight time) $70.00
6 Helper per Hour(straight time) $70.00
7 General Laborer per Hour(straight time) $70.00
8 Administrative support per hour(straight time) $100.00
9 Trip Charge-per call per vehicle $.70 per mile
10 Operability testing of release detection devices (certification for Veeder Root $70.00 hourly
required for Veeder Root equipment being tested)
11 Line leak detector testing $70.00 hourly
12 Tank tightness testing (primary compartment) $165.00 per tank
13 Piping tightness testing (primary compartment) $165.00
14 Breach of Integrity testing (BOI) (tank interstice) $165.00
15 Breach of Integrity testing (BOI) (piping interstice) $165.00
16 Hydrostatic testing of containment sumps(spcontainment, dispensers, & $70.00 hourly
submersible turbine pumps)
17 Inert gas testing material ex. Nitrogen (per Ib) $25.00
18 Calibration of dispensers for fuel sales (per meter) $35.00
19 Fuel polishing (per gal) $0.32
**Priority 1 and 2 emergency repairs are considered overtime and may be charged at the appropriate
rate of time and one half.
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