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Backup Documents 11/15/2016 Item #16C2 (Marlin Environmental/Sewage Hauling) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 b THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP (� Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. I e m i do ""th the exception of the Chairman's signature,draw a line through routing lines#1 through#2.complete the checklist,and forward to the County Attorney Office. Routed by Procurement Services to the ' NOV 16 2016 Following Addressee(s)(In routing order) Office InttiaIs Date 1. Risk Risk Management • Risk Management 2. County Attorney Office County Attorney Office 1(1)1:111, Commissioners-1:5c3. BCC Office Board of County Commissioners � 4. Minutes and Records Clerk of Court's Office -N it(21(�i 3-33em 5. Return to Procurement Services Division Procurement Services Contact: Viviana Giarimoustas PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Camille Shim-Marinos for Swain:Hall, Phone Number 239-252-8935 Procurement Staff ifttl/21T i i5 f�,al b Contact and Date Agenda Date Item was 14125Agenda Item Number t / -� Approved by the BCC [i i i 51 v DI 6 ! b Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6609/Marlin number if document is Number/Company Environmental% to be recorded Name Sewage Hauling INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) '; Applicable) 1. Does the document require the chairman's original signature? SciCkrikp QIfift4- i� 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A l provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be asm signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CJSM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CJSM should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made CJSM %. during the meeting have been incorporated in the attached document. The County s + 3 Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the j4ii) : BCC,all changes directed by the BCC have been made,and the document is ready for the ? 5 Chairman's signature. / 1 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 0 2 MEMORANDUM Date: November 22, 2016 To: Camille Shim-Marinos, Purchasing Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #16-6609 "Sewage Hauling" Contractor: Marlin Environmental, Inc. d/b/a Al Gator Septic Attached for your records is an original copy of the contract referenced above, (Item #16C2) approved by the Board of County Commissioners November 15, 2016. The second original copy will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6 02 AGREEMENT 16-6609 for Sewage Hauling THIS AGREEMENT, made and entered into on this /eh day of iihk ilb ,( 2016, by and between the Marlin Environmental, Inc. d/b/a Al Gator Septic, Secondary Contractor, authorized to do business in the State of Florida, whose business address is 7990 Mainline Parkway, Fort Myers, Florida 33912 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on the Date of Board award, and terminating one (1) year from that date, or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide sewage hauling in accordance with the terms and conditions of ITB #16-6609, Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. If the Primary Contractor cannot provide requested services within the timeframe specified by the user division, then the Secondary Contractor will then be contacted. Page 1 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic,,-- (C'' 1 6 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement a flat rate of$310.00 per hour in accordance with Section 4.1. 4.1 Price Methodology: Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) 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 received (no contractor inventory or cost verification. 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Marlin Environmental, Inc. d/b/a Al Gator Septic 7990 Mainline Parkway Fort Myers, Florida 33912 Phone: 239-267-4541; Fax: 239-267-5752 Attn: Carl R. Bailin, President All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 Page 2 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic 16C2 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors/Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery Page 3 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic (� 1 C 2 against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. 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. D. Pollution: Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. Page 4 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic 16C ;•-:' 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ITB #16-6609-Sewage Hauling Specifications/Scope of Services and Exhibit A—Scope of Work. 17. 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. 18. 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 Page 5 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic Ce, 1 6 0 ? 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. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(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 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, Page 6 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic „,(75,,, V ' bcE 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. 20. 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. 21. 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. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. 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. 24. 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. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that Page 7 of 11 #16-6609"Sewage Hauling" (--,s‘ Marlin Environmental, Inc.d/b/a Al Gator Septic n 1 6 0 2 competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the Agreement on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Invitation to Bid (ITB), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(a�colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Page 8 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic 0,w:' 1 6 C .rd IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: �,' A • - By: 14/41 • Donna Fiala, Chairman Dated: I I ' . m i ( L° (SEAL) 1', Atter. as to ch --� signatute-nnlY•, Marlin Envir•, :.:0 ental Inc_ b/a A-1 - Saber 7- C ntractor / First Witnessnanat re 7 -O n c— 'i t\ ,. c / r ,/ TT a/print witness n mel' TType/print signature and titleV ( , rj ' r'4L 4-- 7^` a c_ Se nd Witness 'It ' -&' Lk-'00,-v-: TType/print witness nameT -� ( Appr ✓ed a to, or an Legality: tri• P •u Attorney Print Name Item# Agenda it,.6:1 Date L` Date ' - _--�( Redd N • 1111. . Ab_,-,4 e., i eputy C-ala% Page 9 of 11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic 1602 Exhibit A— Scope of Work Detailed Scope of Work The Contractor understands the requirements of the Department/Division relative to furnishing both scheduled and emergency raw wastewater removal and disposal service. A. Material: 1) The material primarily consists of raw untreated wastewater. 2) Other organics and plastics may be incorporated in the raw wastewater. B. Method: 1) The Contractor shall supply all equipment and labor to perform the required tasks, at no additional cost to the County. 2) The Contractor must respond with an empty truck. (Partially loaded truck may be accepted, at the County's discretion and approval, said approval will be documented on the invoice). 3) The Contractor shall remove raw wastewater from a lift station wet well/manhole/swale/collection area and dispose of it in a location designated by the Collections Manager or a designee. 4) The material may NOT be dewatered onsite in any fashion. 5) The material must be hauled directly to the designated disposal location. 6) The Contractor shall be responsible for cleaning up any material spills in accordance with State, Federal, and local regulations. The Contractor must equip their trucks with a spill kit to be used in the event of a spill of raw wastewater, grease, scum, fuel, or any other discharge at all times while performing this Agreement. 7) The Contractor shall maintain hauling records for a period of seven (7) years after the occurrence. C. Per Hour Rate for Pumping and Disposal Services: a. The Contractor shall provide pumping and disposal work pursuant to the all-inclusive hourly rate, in Section 4 of the Agreement. b. The Contractor will be permitted to charge a two (2) hour minimum for trucks that were requested by the County, arrived onsite within the required response timeframe, and were subsequently dismissed by the County without pumping or hauling waste. D. Response Time and Availability: 1) The Contractor shall provide the County with a single, local, on-call telephone number for contact. a. The Contractor must respond/return Wastewater Collections phone call within thirty (30) minutes. b. The Contractor must arrive on-site with a minimum of two (2) trucks capable of removing a minimum of 4,000 gallons each within one (1) hour of notification by County personnel. c. The Contractor must have a minimum availability of two (2) trucks within four (4) hours of notification. 2) The Contractor must be available on a twenty-four (24) hour basis, 365 days per year. Page 10of11 #16-6609"Sewage Hauling" Marlin Environmental, Inc.d/b/a Al Gator Septic 1 C 3) Should the Contractor fail to provide the requested service, the County reserves the right to ask for and obtain said service from another contractor(s). Should the Primary be unable to provide the requested service within the timeframe requested by the County, the County will contact the Secondary Contractor. Should both the Primary and Secondary be unable to provide the requested service within the timeframe requested by the County, the County reserves to procure the services from other Contractors. E. Method of Disposal: 1) The Contractor will dispose of the material at a location designated by the Collections Manager or a designee. 2) The Contractor has the sole responsibility to comply with any with local, state federal and/or Department of Transportation (DOT) rules and laws and/or regulations in regards of transportation and disposal of material removed, at no additional cost to the County. 3) Each load shall have a manifest signed by an agent of the Contractor and Department. 4) The disposal site shall be identified on the manifest for official records. 5) Compensation for transportation, labor and equipment is all inclusive in the per hour charge in Section 4 of the Agreement. Additional requests for compensation for disposal will not be accepted. F. Damage to Structures: 1) Damage caused by the Contractor to pipes, manholes, property, or any other system appurtenances shall be repaired by the Department at the Contractor's expense. a. The Contractor shall contact the Department immediately of any damage; failure to contact the Department can result in termination of the Agreement. b. The Department will coordinate the repair and charge the Contractor for all associated fees involved in such work. G. Safety: 1) The Contractor has the sole responsibility to comply with all Federal, State, and local OSHA rules, laws and/or regulations including best management practices. H. Payment: 1) Payment will be as per all-inclusive hourly rate, in Section 4 of the Agreement. 2) The Contractor shall invoice the Department on a monthly basis and the invoice shall have a description of the: a. Date and time of the work — start to finish b. Location of work 3) Each invoice submitted for payment must be accompanied by the County supplied form detailing loads for each truck (see Exhibit A: Collier County Sewage Hauling Tracking Form in the ITB #16-6609). I. License: 1) All required licenses, permits, and insurance are to be maintained by the Contractor at all times during the term of this Agreement. Page 11 of 11 #16-6609"Sewage Hauling" 1r?.\ Marlin Environmental, Inc.d/b/a Al Gator Septic 0 1 ,---"'*1 LF2 C 20P ID: KB k`c..-- CERTIFICATE OF LIABILITY INSURANCE DA06/21/2016Y) 06/21/2016 PRODUCER Phone: 802-728-4434 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kinney Pike-Randolph ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 42 Meadow Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Randolph,VT 05060 AFFORDED BY THE POLICIES BELOW.ALTER THE COVERAGE Jake Obar INSURERS AFFORDING COVERAGE NAIC# INSURED Marlin Environmental,Inc.DBA INSURER A:Hanover Insurance Company 22292 Al Gator Septic dba Harti an Company,Inc. INSURER B:Star Insurance Company 18023 31 Wrk Drive Middlesexlesex,,VT 05602 INSURER C:Tokio Marine Speciality Ins Co INSURER D: 1 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRQ TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYYYI DATE IMM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY ZHVA249563 03/29/2016 03/29/2017 ED DAMAGE SET EREa oNTurence) $ 100,000 CLAIMS MADE j OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO-T LOC JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO ADVA25015602 01/29/2016 03/29/2017 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PER PERSON) $ A X HIRED AUTOS BODILY INJURY A X NON-OWNED AUTOS (PER ACCIDENT) $ PROPERTY DAMAGE $ 50,000 (PER ACCIDENT) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A X OCCUR CLAIMS MADE 1UHVA249562 03/29/2016 03/29/2017 AGGREGATE $ 5,000,000 DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC0820887 03/29/2016 03/29/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y 1(Mandatory In NH) ! 1,000,000 E.L.DISEASE-EA EMPLOYEE$ If yes,describe under I 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I$ OTHER A Equipment Floater IHVA21332702 03/29/2016 03/29/2017 Sch Equip C Pollution Liabilit PPK1469436 03/29/2016 03/29/2017 Liability 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is listed as Additional Insured with regards to the General Liabilty Coverage per written contract. 16*''/6a9 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL County Commissioners 3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Naples,FL 34122 REPRESENTATIVES. 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