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#15-6374R (Guardian Fueling) AGREEMENT 15-6374R for Maintenance, Repair, and Testing for Fuel Storage Tank Systems THIS AGREEMENT is ma'de and entered into this ff. day of 3unt , 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 aki 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 Page 1 of 16 i + 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. 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 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 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 Work will be awarded to the lowest Quoter. 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. Page 2 of 16 Ep. 3.1 Price Method°low: 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 SeNice 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 Page 3 of 16 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. Page 4 of 16 C0i5 Specials 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.PAYIVIENTS 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. Page 5 of 16 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 Page 6 of 16 4511 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. Page 7 of 16 im 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. Pdge 8 of 16 + 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. Page 9 of 16 (75) 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. • Page 10 of .16 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: COLLI COUNTY, FLORIDA Dwig . Broak, f i-4 of Courts et 4-*:'`' /- .11 By: 'T, Donna Fiala, Chairman ffww Dated _ ,Y-� e (S all '` ' Attcst as to t tr anss signathr6'4 . Guardian Fueling Technologies, LLC Contractor By: 4 First Witness Signature ,/!y /5/Z J3 p �' ��v� �s< Type/Print Witnes e Typed Signature t,/,/,dafai.,Alkeeif , CF-0 Second Witness Title Oca4a44A M2/, z Type/Print Witness Name a .prove. as or and Legality: Ot.,, kW X-ir/ Mips ounty Attorney zici Page 11 of 16 111) 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 ofthis work |mmandated inthe National Fire Prevention Association Codes (NFPA\ ondFlorida Administrative Codes (F./�.[|�)� Th� (�mun1yexpects to require services for testing, ` 'maintenance, and repairs for the storage tanks that itowns. County diviSions, including, but not limitedto Facilities Management, Parks & Rec,eaUon, Fleet Management, VVoter, Wastewater, 8herriff'sOffice. and the Airport /\uthority, have historically required emergency & routine equipment repair/nap/acennent, 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 specificrequirements, 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 SundayU8CoQOized holidays, Saturday and 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 /�4) hour basis, three hundred aix1y'hve /305\ days per year for such e[nergenoyvvork. ' ' 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 pramant, supervise or performing the work as applicable. The Contractor shall hold the correct occupational |ioenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the pr 'ectpurmuant 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 (�oUnty ��afBb/ and Occupational Page 12of16C..6) 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 I 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). Page 13 of 16 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, FAG.; 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,4employee-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#), Contractors 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. Page 14 of 16 voiesammummeme 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 1 Agreement 15-6374R Fuel Tank Maintenance Request Service Request Date Issued: Request# Facility Name: Contact Person: Phone#: FAX#: Issued To (Contractor) Phone#: FAX#: i 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. Page 15 of 16 Exhibit B— Price Schedule ~ Item Description �n��r�o 1 Material % Markup | - -- 25% 2 / �V o�ur�� Markup --- lO% 3 Hireof Equipment % ��dmp � - 10% 4 Foreman per Hour(otraighd time) ---- 5 / CertificatedT�dlnhCi�n perHour(otnaigh� time) - ' $60.00 $6000 6 Helper per Hour(�rg/gh1 time) �--- $55.00 7 E;mnera| Laborer per Hour (a�aighd time) -- - $55.00 8 Administrative support per hour(straighttimn�) ^ ---- $125.00 9 Trip Charge -per caUpervah/de - $65.00 10 �]pemgbUityte,�ingmfrelease detection devices (certification for VeederRo. t --� required for VeederRoot equiprnerdbeinQ tested) Root �176�DD 11 Line leak detedortesting - -- $125DO 12 tightnessTank t�atiDg (phnnary �onnpadrnent) ' �1750U } 13 Piping htn�eate�bngconnpmdmn�nt) - -- ' ~ (primary $17500 14 Breach of (bankinterstice) � . . �175UO 15 Breach of Integrity (BO|) (piping -- � `� � � $17S.OU 16 / Hydrostatic testing ofcontainment sumps (Vpoonbainnlent. d submersible turbine pumps) -,----' & �325� 17 Inert gas testing materialex� Nitrogen (p*r|b) - f d �5OOO 18 Ca|ibr�tiomo �pens�raforfue| aa�en (perrnet�� --- � __. �1OU0 19 / Fuel poDshing (perga0 ° Uoa1OOOgo/ bank�ormvx�rd � ^ purposes. $0.98 **Priority 1 and 2 emergency repairs are considered overtime and may be charged at the appropriate rate of time and one half. Page 16 of 16 GUARFUE-01 LGREENWOOD ACORP o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tanner,Ballew and Maloof,Inc. PHONE FAX Suite 400 (A/C,No,Ext):(404)252-8860 (A/C No):(404)252-8834 5871 Glenridge Dr. ADDRESS: Atlanta,GA 30328 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Mid-Continent Casualty Co INSURED INSURER B:The Travelers Indemnity Company of America 25666 Guardian Fueling Technologies LLC INSURER C:The Travelers Property Casualty Insurance Company of America 25674 9452 Philips Hwy Ste 5 INSURER D Jacksonville,FL 32256 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $" 1,000,000 CLAIMS-MADE X OCCUR X 04 GL 936900 09/01/2015 09/01/2016 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ X Pollution Liability MED EXP(Any one person) $ Excluded X Professional Liab PERSONAL&ADV INJURY $ 1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY (E�aBcideD SINGLE LIMIT $ 1,000,000 B X ANY AUTO 810-2G553013 09/01/2015 09/01/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILYI $ AUTOS AUTOS NJURY(Per accident) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 04 XS 192595 09/01/2015 09/01/2016 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER YN C ANYIPROPRIEBORER PARTNERE ECUTIVE NN/A PVYAJUB-2G54965-1-15 09/01/2015 09/01/2016 E.L.EACH ACCIDENT $ 1,000,000 OF(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mom space is required) Re:Contract#15-6374R-Maintenance,Repair and Testing for Fuel Storage Tank Systems Collier County Board of County Commissioners is listed as additional insured with respect to General Liability as required by contract agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE , C ACCORDANCE WITH THE POLICYTHEREOFPROVISIONSNOTI.E WILL BE DELIVERED IN Administrative Services Department Procurement Services Division 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples,FL 34112 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD r y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured has agreed by written "insured contract"to designate as an additional insured subject to all provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that insured. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by written "insured contract", the insurance afforded to such additional insured will not be broader than that which you are required by the written "insured contract" to provide for such additional insured. ML 10 81 (04 13) Page 1 of 1