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Agenda 09/23/2014 Item #16C29/23/2014 16.C.2. EXECUTIVE SUMMARY Recommendation to award Bid 914 -6260, "Hazardous Materials Management Contractor," to E.Q. Florida, Inc. OBJECTIVE: To obtain services, including the collection, identification, packaging, shipping, transportation, and proper disposal of all hazardous materials from Collier County's Hazardous Materials Collection Center and select recycling drop -off centers; and, obtain hazardous waste collection services throughout the county, as needed, during emergency response, including severe weather events. CONSIDERATIONS: The Solid and Hazardous Waste Management Department is committed to implementing the Integrated Solid Waste Management Strategy ( ISWMS), which provides for environmentally sound and cost effective solid waste management services. One component of the ISWMS is Environmental Compliance, which means managing the impacts to the air, soil, water, and wildlife, as well as quality of life impacts to the community through the collection of municipal solid and household hazardous waste. The Household Hazardous Waste Collection Program provides county residents the opportunity to properly dispose of household hazardous waste by bringing the materials to the county's collection center and recycling drop -off centers. Included in this program are two household hazardous waste roundup events per year, held in various locations throughout the county for the convenience of residents. A hazardous materials management contractor is required to remove the collected wastes from the county -owned and operated facilities in a manner that protects public health and the environment, and meets all regulatory requirements. Provision has also been made for certain qualifying small businesses to bring their waste to the Hazardous Materials Collection Center where they pay the hazardous materials management contractor directly to transport and dispose of the waste at county contract pricing. It is planned that this contract also be available for emergency response use, if necessary, following a disaster or stonn. Invitation to Bid (ITB) #14 -6260, "Hazardous Materials Management Contractor," was posted on March 13,2014, with notices sent to 160 vendors. Forty-four vendors downloaded full bid packages, and one bid was received by the due date of April 14, 2014. Staff reviewed the bid and deemed that E.Q. Florida, Inc., was a responsive and qualified bidder. During the bidding process, two intents to protest were received. The first was received prior to bid opening from Clean Harbors who submitted a letter on March 31, 2014, regarding the evaluation methodology. The Director of Purchasing responded on April 1, 2014 that the County reserves the right to award the County's work in a manner that is consistent with its business processes. Under Exhibit II: General Bid Instructions, "Vendors must provide unit prices using the unit of measured specified by the County." Clean Harbors did not follow up with the next step of the protest process. The second protest came from Raider Environmental Services on May 1, 2014, because it submitted a bid online but it was not accepted. The Purchasing Director responded on May 10, 2014 that the solicitation clearly states that the County assumes no responsibility for bid responses received after the due date and time. There was no record of Raider Environmental Services submitting an electronic bid. Raider Environmental did not pursue the next step for protesting this solicitation. The current contract was extended for a full 180 days (as per Purchasing Policy XV D) to allow adequate time for the bidding /evaluation process. During this time, it was determined that the pricing had increased substantially from the 2010 bid, therefore negotiations were initiated. Negotiation is permitted, Packet Page -1890-- 9/23/2014 16.C.2. as per Purchasing Policy VI.D.2, whereas if the bid exceeds the budgeted amount and is not funded with grant dollars, the Purchasing Director may negotiate changes with the apparent lowest, qualified and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. As a result of the negotiations, the disposal costs of those commonly used items comprising typical monthly invoices are anticipated to increase by 29 percent. During the negotiations, staff completed a benchmark survey of vendors and their disposal rates in nearby counties. It was noted that E.Q. Florida, Inc. holds the disposal contract for about 80 percent of Florida counties, with PermaFix and Clean Harbors servicing the remainder. The benchmarking revealed that the county would receive economic rates even considering the increased pricing of the new contract. Staff recommends award to the lowest responsive bidder of TTB 914 -6260, "Hazardous Materials Management Contractor," to E.Q. Florida, Inc. Through this award the county ensures the safe, efficient and economic disposal of its collected hazardous waste for the next four years. As a six -month extension to the current contract was necessary due to the negotiations, staff requests that the $500,000 annual cap be increased an additional $250,000 for the remaining /extended term of the current contract. FISCAL IMPACT: The FY 2014 disposal cost for household hazardous waste is estimated to be $690,000. Under the new four -year contract, the FY 2015 expense is estimated at $960,000 due to the increase in both contract disposal price and waste volume. Funding is available in, and consistent with, the Board approved FY 2015 budget for the Solid and Hazardous Waste Disposal Fund (470). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.— SRT GROWTH MANAGEMENT IMPACT: This action is consistent with the Growth Management Plan Public Facilities Element, Solid Waste Sub Element requirement to collect and properly dispose of hazardous waste generated in Collier County. RECOMMENDATION: That the Board of County Commissioners award Bid 414 -6260, "Hazardous Materials Management Contractor," to E.Q. Florida Inc.; and, authorize the Chairman to sign and execute the contract after final review and approval by the County Attorney's office. Prepared By: Gabriel Maldonado, Environmental Compliance Specialist, and Alister Burnett, Environmental Compliance Manager, Solid & Hazardous Waste Management Department Attachments: 1. Solicitation 2. Bid Tab 3. Contract 4. Benchmark Packet Page -1891- 9/23/2014 16.C.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3. Item Summary: Recommendation to award Bid 414 -6260, "Hazardous Materials Management Contractor," to E.Q. Florida, Inc. Meeting Date: 9/23/2014 Prepared By Name: AlisterBurnett Title: Manager - Environmental Compliance, Environmental Compliance Approved By Name: HapkeMargie Title: Recycling Coordinator, Solid & Hazardous Waste Management Date: 8/15/2014 3:15:21 PM Name: JosephBellone Title: Director - Operations Support, Utilities Finance Operations Date: 8/15/2014 3:16:17 PM Name: RodriguezDan Title: Director - Solid Waste, Solid & Hazardous Waste Management Date: 8/15/2014 4:25:16 PM Name: SusanJacobs Title: Operations Analyst, Public Utilities Division Date: 8/18/2014 11:3 9: 10 AM Name: BrendaBrilhart Title: Procurement Specialist, Purchasing & General Services Date: 8/19/2014 8:00:32 AM Name: JoanneMarkiewicz Title: Director - Purchasing/General Services, Purchasing & General Services Date: 8/19/2014 8:11:21 AM Packet Page -1892- 9/23/2014 16.C.2. Name: JohnsonScott Title: Manager - Procurement, Purchasing & General Services Date: 8/19/2014 9:01:04 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 8/19/2014 2:22:52 PM Name: Yilmaz_g Title: Administrator - Public Utilities, Public Utilities Division Date: 8/25/2014 10:23:02 AM Name: EdFinn Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 8/25/2014 2:46:24 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/26/2014 2:01:34 PM Name: Ochs _L Title: County Manager, County Managers Office Date: 9/13/2014 1:16:52 PM Packet Page -1893- 9/23/2014 16.C.2. Ccf tear C. €ac, Admil7isbaM Services Division Purchasing INVITATION TO BID Date: March 13, 2014 From: Brenda Brilhart, Procurement Strategist (239) 252 -8446 (Telephone) (239) 252 -6697 (FAX) brendabrilhart@colliergov.net (Email) To: Prospective Vendors Subject: ITB 14 -6260 Hazardous Materials Management Contractor As requested by the 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.collier_qov.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: Gabriel Maldonado Alister Burnett Note: All ITB responses submitted must include one (1) original labeled MASTER, along with (1) exact duplicate copy, including all required forms. Purchasng Deparmrenl • 3327 Tamlami Trail East • Naples, Florida 341124901 • wvAcmiliergov,nettpurchasing ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1894- 9/23/2014 16.C.2. Invitation to Bid Index PublicNotice ................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ...... ..............................4 Exhibit II: General Bid Instructions .................................................. ............................... 6 Exhibit III: Standard Purchase Order Terms and Conditions ......... ............................... 11 Exhibit IV: Additional ITB Terms and Conditions ........................... ............................... 14 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....................... 21 Attachment 2: Vendor's Check List ............................................... ............................... 22 Attachment 3: Vendor Submittal - Bid Response Form ................. ............................... 23 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......................... 25 Attachment 5: Vendor Submittal — Immigration Affidavit ................ ............................... 26 Attachment 6: Vendor Substitute W — 9 ......................................... ............................... 27 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements .................... 28 Exhibits: A: Scope of Work B: Previous Contract Bid Tabulation C: Bid Schedule D: Household Hazardous Waste Collection ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1895- 9/23/2014 16.C.2. Public Notice Sealed bid responses for Solicitation 14 -6260 Hazardous Materials Management Contractor, will be received either electronic or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM, Collier County local time on March 31, 2014. Solicitation responses received after the stated time and date will not be accepted. Solicitation 14 -6260 Hazardous Materials Management Contractor A pre -bid conference will not be held for this solicitation. 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 forms 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 Publicly posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the lobby of the Purchasing Building on March 13, 2014. ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1896- 9/23/2014 16.C.2. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Solid and Hazardous Waste Management Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (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. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein. 1. Brief Description of Purchase To provide services to include collection, identification, packaging, shipping, transportation, and proper disposal of all hazardous materials, including e- waste, from the Hazardous Materials Collection Center, Recycling Drop -off Centers, and all Collier County government -owned properties, including waste collection from Conditionally Exempt Small Quantity Generator (CESQG) throughout the County and emergency response cleanout. 2. Background The County operates one Hazardous Material Collection Center and five Recycling Drop - off Centers which need to have proper cleanout and disposal of hazardous materials on a regularly scheduled basis to be in compliance with regulations and code. Collier County seeks to procure a Contractor(s) to response to emergency clean ups, collect, identify, package, ship, transport, and dispose of hazardous materials, including e- waste, derived from County -owned hazardous waste collection facilities, County - sponsored special events, and other County -owned facilities as necessary. The County will order services on an as- needed basis. The following provides a program overview for all potential responders. Collier County is located in southwest Florida. Collier County is the largest of Florida's 67 counties in land area with approximately 2,000 square miles; is about 40 percent larger than the state of Rhode Island; and about the same size as the State of Delaware. Municipalities include City of Naples, City of Marco Island, Golden Gate City, Immokalee, and Everglades City. Collier County maintains five permanent Recycling Drop -off Centers located at 2640 W. Enterprise Ave., Naples; 990 Chalmers Drive, Marco Island; 700 Stockade Road, Immokalee; 9950 Goodlette Frank Road N., Naples; and, in Carnestown at 31201 E. Tamiami Trail. One Hazardous Waste Collection Center is maintained at 3728 White Lake Blvd., Naples, FL. Detailed Scope of Work — See Exhibit A 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. ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1897- 9/23/2014 16.C.2. • 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. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: The County intends to add all lines within a section plus the hourly rates for emergency work to determine the overall lowest per section. The award will be the lowest vendor per section on a primary/secondary basis. • If the primary vendor is unable to perform the required work specified by the County's Project Manager, then the secondary firm may be utilized. • 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 year with three one year renewal options. Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon budget availability and project 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 3/13/14 Last Date for Receipt of Written Questions 5:00 PM 3/24/14 Pre Bid Meeting N/A Addendum Issued By 3/26/14 Solicitation Deadline Date and Time 2:30 PM 3/31/14 Anticipated Evaluation of Submittals Week of 4/1/14 Anticipated Board of County Commissioner's Contract Approval May 2014 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 • Excel Price Sheet • Subcontractor's Qualifications • Appropriate Licenses • Identify Transporters • Enforcement or Consent Orders • Three Years Previous Experience & Personnel Qualifications • Five References • Three Year Annual Tangible Net Worth • Proof of RCRA ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1898- Exhibit II: General Bid Instructions 1. Purpose /Objective 9/23/2014 16.C.2. 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. 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. ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1899- 9/23/2014 16.C.2. 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 rip or 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.coiliergov.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 All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net /bid. 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 disks (CD's) with one copy of the proposal the 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. 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. ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1900- 9/23/2014 16.C.2. 10. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Procurement Director rip or to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Procurement Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 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. 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 ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1901- 9/23/2014 16.C.2. 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, f r o m 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. 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 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 Bidder does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder'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.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1902- 9/23/2014 16.C.2. 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 seg• 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 (FI 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.ora /search.htmi 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 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. ITB 14 -6260 Hazardous Materials Mgt Contractor 10 Packet Page -1903- 9/23/2014 16.C.2. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen (14) days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and /or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and /or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and /or VENDOR'S expense that is not marked with services, or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and /or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and /or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non - conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time, as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and /or services ITB 14 -6260 Hazardous Materials Mgt Contractor 11 Packet Page -1904- is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, 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. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, 9/23/2014 16.C.2. including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. 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. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and ITB 14 -6260 Hazardous Materials Mgt Contractor 12 Packet Page -1905- without exception or stipulation 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. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations 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 conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of 9/23/2014 16.C.2. such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. ITB 14 -6260 Hazardous Materials Mgt Contractor 13 Packet Page -1906- 9/23/2014 16.C.2. 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 per Purchasing Policy 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. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51 % or more of the solicitation amount for said work. 6. 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. 7. 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. 8. 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. ITB 14 -6260 Hazardous Materials Mgt Contractor 14 Packet Page -1907- 9/23/2014 16.C.2. 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. 9. Florida Wood Products The 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. 10. Public Records Compliance The 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. 11. 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. 12. 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. 13. 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. ITB 14 -6260 Hazardous Materials Mgt Contractor 15 Packet Page -1908- 9/23/2014 16. C .2. 14. 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. 15. 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: bccapclerkacollierclerk.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 completion of contract. Any untimely submission of invoices beyond the specified deadline period ITB 14 -6260 Hazardous Materials Mgt Contractor 16 Packet Page -1909- 9/23/2014 16.C.2. 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. 16. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 14 -6260 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 17. 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 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 ITB 14 -6260 Hazardous Materials Mgt Contractor 17 Packet Page -1910- 9/23/2014 16.C.2. 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. 18. 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/purchasing. 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. 19. Security and Background Checks If required, Contractor 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 ITB 14 -6260 Hazardous Materials Mgt contractor 18 Packet Page -1911- 9/23/2014 16.C.2. records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 20. 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 coiliergov.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. 21. 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. 22. 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 23. 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. 24. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform ITB 14 -6260 Hazardous Materials Mgt Contractor 19 Packet Page -1912- 9/23/2014 16.C.2. 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. ITB 14 -6260 Hazardous Materials Mgt Contractor 20 Packet Page -1913- 9/23/2014 16.C.2. C: abler Comity Adn irrisilraM Se cm DMskon Purchasing 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: 14 -6260 Hazardous Materials Management Contractor ❑ 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: ITB 14 -6260 Hazardous Materials Mgt Contractor 21 Packet Page -1914- 9/23/2014 16.C.2. m coum ty AdrrYrasadm Semw DiMsion Purchasing 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 cashier's 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: 14 -6260 Hazardous Materials Management Contractor • Opening Date 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.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date ITB 14 -6260 Hazardous Materials Mgt Contractor 22 Packet Page -1915- 9/23/2014 16.C.2. per �y AdmnsMm Semces Dmsm Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 14 -6260 Hazardous Materials Management Contractor 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 contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * See Attachment * * * 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 can be either manual or electronic. 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. ITB 14 -6260 Hazardous Materials Mgt Contractor 23 Packet Page -1916- 9/23/2014 16.C.2. 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 ITB 14 -6260 Hazardous Materials Mgt Contractor 24 Packet Page -1917- 9/23/2014 16.C.2. C OWI;r County Adm m Seances of Purchasing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 14 -6260 Hazardous Materials Management Contractor (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: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 120 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 14 -6260 Hazardous Materials Mgt Contractor 25 Packet Page -1918- 9/23/2014 16.C.2. ��er Cau�rcy Adffmsbabft sermom Division Purchasing Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 14 -6260 Hazardous Materials Management Contractor 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 proaram, 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 Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) 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. ITB 14 -6260 Hazardous Materials Mgt Contractor 26 Packet Page -1919- 9/23/2014 16.C.2. Cofer comity A*rin3UaM se WS Dmsbn Pum, "ng 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 _Corporation (as shown on income tax return) _Tax Exempt (Federal income tax - exempt entity Business Name under Internal Revenue Service guidelines IRC (if different from taxpayer name) 501 (c) 3) 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 asocial security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number ITB 14 -6260 Hazardous Materials Mgt Contractor Packet Page -1920- 27 9/23/2014 16.C.2. r- coT rier coway Adnrinist aM Sena s Division Purchasing 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 $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2,000,000 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. 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 ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant 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. 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 $ 1,000,000 Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate #14 -6260 Hazardous Waste Mgt. Contractor 28 Packet Page -1921- 9/23/2014 16.C.2. • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 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. ® 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. 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 Vendor Signature Print Name Insurance Agency Agent Name #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1922- Date Telephone Number 2s 9/23/2014 16.C.2. Exhibit A: Scope of Work, Specifications and Response Format Projected Timetable E -waste cleanouts are normally scheduled every two weeks from January through April, and every three weeks from May through December. Hazardous waste cleanouts a r e normally scheduled every two months at two locations. Extra cleanouts are scheduled when collection events are held and in emergency situations following severe weather events. Response Format The following items are required in the contractor's submittal: • Completed Exhibit C (Excel Price Sheet) • Any and all subcontractors shall be identified as part of the Contractors Qualifications, along with their scope of work. Qualifications for subcontractors shall be submitted in the same manner as for the Contractor. No other subcontractor(s) shall be used that is not submitted with the Contractor's Qualifications unless pre - approved by the County Contract Manager. At the time of bid opening and during the contract period, the Contractor shall be licensed to collect, transport, recycle, store, and dispose of hazardous waste. At the time of bid opening, and during the contract period, the Contractor shall own and operate a Florida Department of Environmental Protection - licensed Hazardous Waste Treatment Storage and Disposal Facility (TSDF) in Florida. At the time of bid opening, and during the contract period, the Contractor and any and all Subcontractors shall be licensed to collect, transport, store and dispose of hazardous waste. The Contractor shall submit the Contractor's and any or all Subcontractor's Environmental Protection Agency (EPA) Identification Number and proof of the Department of Environmental Protection Hazardous Waste Transporter Registration. • The Contractor shall identify all TSDF to be used for Collier County's waste including the name, location, type of permit, permit number and any citations issued within the last three years to include all ultimate disposal facilities for cradle -to -grave disposition. The County retains the right to disqualify any bid if the information provided is considered incorrect, insufficient, or unsatisfactory in the sole judgment of the County. • Contractor shall identify the transporters of all materials including the name, location, type of license, license number and any fines, citations or accidents issued or occurring within the last five years. The County retains the right to disqualify any bid if the information provided is considered incorrect, insufficient, or unsatisfactory in the sole judgment of the County. • Contractor shall work in a cooperative manner with Collier County staff. • Contractor shall provide any enforcement or consent order, against any of its hazardous waste facilities, or any party with whom it has contracted with in the past five years, which resulted in a fine or other penalties exceeding $5,000.00. This applies to operations within the United States and its territories. The County retains the right to #14$260 Hazardous Waste Mgt. Contractor Packet Page -1923- 30 9/23/2014 16.C.2. disqualify any bid if the information provided is considered incorrect, insufficient, or unsatisfactory in the sole judgment of the County. • Contractor shall list any and all licenses or permits related to hazardous waste operations held by the Contractor and /or Subcontractor(s) that have been revoked or suspended by any entity. The Contractor shall elucidate the reason why the license and /or permit had been revoked or suspended along with the name, address, and telephone number of the entity responsible for the revocation or suspension. • The County retains the right to disqualify any bid if the information provided is considered insufficient, incorrect, or unsatisfactory in the sole judgment of the County. • The Contractor shall list any and all Contractor's and /or Subcontractor(s)' licenses or permits related to hazardous waste operations that have been denied by any entity. The Contractor shall explain the reason why the license or permit had been denied along with the name, address, and telephone number of the entity responsible for this action. • The Contractor shall provide a Memorandum of Understanding and /or contract with any TSDF not owned by said Contractor. • Contractor shall have a minimum of three years acceptable general experience in hazardous waste collection in Collier County. Contractor shall describe experience and furnish references with the name of contacts, titles, telephone numbers and mailing addresses. The Contractor shall also provide a state regulatory agency contact for each state n which it has conducted a similar collection event for the purpose of evaluating its performance history. The Contractor shall furnish the names and contact information for five municipalities within Florida, with a population of at least 250,000, with whom the Contractor has acceptably contracted for at least two years within the past five years. These contracts shall have been household hazardous waste collection contracts and references shall be provided to demonstrate acceptable performance. Contractor shall furnish a list of references, which should include contact names and titles, telephone numbers, mailing addresses and municipality. The County reserves the right to contact other non - referenced individuals for whom the Contractor has done business, for the purpose of identifying qualifications and performance. The Contractor must provide an affidavit showing that it has a three -year average annual tangible net worth of $2,000,000. The Contractor shall show proof of ownership of a Resource Conservation and Recovery Act (RCRA) Treatment, Storage and Disposal Facility in Florida that retains all of the required federal, state and local licensing, permits and certification. #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1924- 31 9/23/2014 16.C.2. Definitions: For the purpose of this bid the following definitions shall apply. County shall indicate Collier County. FDEP shall indicate Florida Department of Environmental Protection RCRA shall indicate Resource Conservation and Recovery Act EPA shall indicate US Environmental Protection Agency DOT shall indicate US Department of Transport CERCLA shall indicate Comprehensive Environmental Response, Compensation and Liability Act TSDF shall indicate a treatment, storage and disposal facility. SQG shall indicate a Small Quantity Generator of hazardous waste. Small Quantity Generators are those businesses generating between 220 and 2,200 pounds of hazardous waste or greater than 2.2 pounds of an acute hazardous waste per month. CESQG shall indicate a Conditionally Exempt Small Quantity Generator. Contract Manager shall be the Solid and Hazardous Waste Management Department Director, or his /her designee. Wherever the term "Contract Manager" is used that term shall be read as including "or his /her designee." HHW shall indicate Household Hazardous Waste. Contractor's Responsibilities: General The Contractor collects, identifies, packages, ships, transports and disposes of all hazardous wastes and materials, including e- waste, designated by the County staff. The County reserves the right to coordinate with other companies for the transportation, recycling and disposal of wastes which are recyclable (i.e., batteries, fluorescent light tubes, used oil, antifreeze, waste fuel, electronics), non - hazardous (i.e., latex paints, acrylic paints), propane gas cylinders and solid wastes (i.e., trash, litter). Contractor will provide receipt, collection, identification, packaging, shipping, transport and disposal of any hazardous material, not able to be classified under the household hazardous waste exemption, at the Collier County Landfill and /or the Immokalee Transfer station at an hourly rate plus disposal cost. This service will be provided when the contractor is in the Naples area for a site cleanout. The contractor #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1925- 32 9/23/2014 16.C.2. will be notified prior to the regularly scheduled pickup at the recycling drop -off centers and the Hazardous Material Collection Center. The Contractor shall provide competent, qualified and trained personnel, all the necessary equipment and materials (including, but not limited to, tables, generators, lab instruments, tents, scales, communication equipment, emergency response kits, manifests, solid waste dumpsters, packaging materials), receiving services, disposal services, and agency coordination in accordance with all applicable local, state, and federal ordinances, codes, rules and regulations, including, but not limited to, Collier County Government, local Fire Marshal, FDEP, Occupational Safety and Health Administration, EPA, and the DOT. The Contractor shall provide four distinct services as follows: A. Receipt, collection, identification, packaging, shipping, transport, and disposal of HHW, including e- waste, from the County's Recycling Drop -off and Hazardous Materials Collection Centers, and any future sites, as needed, to be determined by the County. B. Receipt, collection, identification, packaging, shipping, transport, and disposal of hazardous waste from CESQG, upon request. C. Receipt, collection, identification, packaging, shipping, transport, and disposal of hazardous waste from SQG, upon request. D. Receipt, collection, identification, packaging, shipping, transport, and disposal of all other hazardous waste generated and /or abandoned within Collier County, upon request and in particular following a declared storm event. HHW & CESQG Collection: Location - The Contractor will receive or collect household hazardous waste and /or CESQG hazardous waste at the recycling drop -off centers and the Hazardous Material Collection Center or at other alternative sites as designated by the Collier County Solid and Hazardous Waste Management Department. Schedule - The Contractor will conduct collection events on a Monday, as needed, and may coordinate the hazardous waste collection event with a CESQG collection event. A. In the event of a natural disaster in Collier County, the Contractor shall respond within 12 hours after being contacted by the Contract Manager to collect household and business hazardous waste at a site and /or sites designated by Collier County. Collier County staff will make the determination regarding a natural disaster and the need for the Contractors' assistance. B. Emergency response for other than natural disasters shall occur within a minimum of six hours following County notification. #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1926- 33 9/23/2014 16.C.2. Personnel - The Contractor shall provide all personnel necessary to properly and safely collect, package, ship and transport the collected hazardous waste consistent with the requirements of the Contract. Experience and Education — The Contractor shall provide, at a minimum, personnel who meet the following experience and educational requirements: Project Manager holding a four -year degree in Chemistry or a related field, with a minimum of two years experience as a Field Chemist and a minimum of one year as a Project Manager for household hazardous waste collection. Fifty percent of the Contractor's personnel working at either a collection event or a facility clean -out shall be Field Chemists, who hold a four -year degree in Chemistry or a related field and have at least six months field experience in hazardous waste collection. HHW Collection Estimates - The information provided in Exhibit 1C represents an estimate of the volume of household hazardous waste (CESQG not included) that was collected in Collier County during Fiscal Year 2013. The purpose of this information is to provide the Contractor with data which will assist in the determination of the staffing and logistical needs. Overtime - The County will not be held responsible for paying the Contractor for overtime or the mobilization of additional pre- approved personnel. Completion Time - An adequate number of personnel and equipment, pre - approved by the Contract Manager, or his designee, shall work at each scheduled site collection to properly and safely complete all work identified by close of business on collection day. All operations including, but not limited to, the packaging, sorting, loading, shipment/transportation preparation and associated paper work for all of the collected hazardous waste along with the collection site cleanup, take down and storage of all equipment and materials provided by the Contractor or its subcontractors, associated with clean -outs shall occur between 7am and 5pm on scheduled Mondays. All work shall be completed consistent with the requirements identified within the Contract. Operations - The Contractor shall set up work stations, segregated and organized storage areas, and packaging stations at the collection or clean up site to maximize efficiency of operations. Equipment - The Contractor shall provide all the necessary equipment and materials for setting up and operating at the County's recycling drop -off centers, the Hazardous Materials Collection Center, and any other site designated for hazardous material collection. The Contractor shall provide all materials, personnel and equipment to properly and safely, efficiently, and cost effectively perform a site clean -out of the County's #14$260 Hazardous Waste Mgt. Contractor Packet Page -1927- 34 9/23/2014 16.C.2. recycling drop -off centers, the Hazardous Material Collection Center, and other sites as designated to the Contract Manager's satisfaction and consistent with the Contract. Security - All collected hazardous waste and required equipment /supplies must be properly secured and rendered inaccessible to the public during the site collection and until permanently removed by the Contractor. Safety - The Contractor must provide a written plan approved by the Contract Manager describing operating procedures that provide appropriate safety at the site. Spill Control - The Contractor must have a spill contingency plan in place for preventing and containing spills that occur during any site collection, to the satisfaction of the Contract Manager. Advertisement/Public Education - The Contractor has the option to conduct a comprehensive advertisement program at no cost to Collier County. This program shall be approved by the Collier County Solid and Hazardous Waste Management Department 30 days in advance of each event. Identification - The Contractor shall provide on -site identification of all hazardous waste received. Identification shall be sufficient to properly package all hazardous waste pursuant to DOT requirements and to ensure acceptance at an EPA permitted storage, treatment or disposal facility. Packaging - The Contractor shall comply with pre - transport requirements of 40 CFR Part 262, Sub -part C, as amended or superseded. Only state and federally approved containers and packing material shall be used for the packaging, shipment and transport of hazardous waste. Consolidation - The Contractor shall make provisions to consolidate compatible hazardous wastes to minimize per unit disposal costs for the County to the satisfaction of the Contract Manager. The Contractor will package the materials to decrease the County's packaging and disposal costs without consideration for the Contractor's convenience, storage and final disposal destination. Additionally, the Contractor will make provisions to bulk compatible wastes if such options are available. Packaging Limitations - The Contractor shall not, unless required in the Contract or directed by the County Contract Manager, package non - hazardous solid waste or empty containers formerly containing hazardous substances. The County reserves the right to give the Contractor a list of products /substances that are to be retained by the County. Recyclable /Reuse Wastes - The Contractor is required, unless otherwise directed by the Contract Manager, to package /bulk /consolidate the following types of recyclable wastes in containers designated by the Contract Manager: - Anti - freeze #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1928- 35 9/23/2014 16.C.2. - Used oils /new oils and used filters - Batteries - Gasoline, kerosene, and lantern /stove fuel - Fluorescent lamps, ballasts, other mercury containing devices - Propane and other tanks - E -waste Manifests - The Contractor shall prepare and maintain Uniform Hazardous Waste Manifests (EPA Form 8700 -22) in accordance with 40 CFR Part 262, Sub -part B, for all hazardous waste collected and transported from the County. The final completed manifest shall be submitted to the County within 30 days following the date when it was signed by the Contract Manager, or the disposal facility's authorized signature designee. Standards - The Contractor shall comply with 40 CFR Part 2, "Standards Applicable to Transporters of Hazardous Waste," Chapter 62 -730, Part 3, Florida Administrative Code, and all applicable DOT requirements for transportation of hazardous waste; as amended or superseded. Contingency Plan - The Contractor shall coordinate with the Contract Manager and local emergency response personnel to develop a site contingency plan to be submitted with the bid package. If at any time the Contract Manager questions the contents of any container it will be reopened by the Contractor for the Contract Manager's inspection. During collection the Contractor shall collect only those wastes identified within the Contract, unless otherwise approved by the County Contract Manager. The Contractor shall be held responsible for all associated costs in the safe and proper identification, sorting, packaging, shipment, transportation and disposal of any other wastes (i.e., explosives, biohazard, radioactive, pressurized gas cylinders other than what is stated within this contract) which are accepted by the Contractor without the pre - approval of the Contract Manager. In the event that the Contractor opts to combine County and non - County hazardous wastes, the Contractor should have in place a contingency plan for the handling of non - contract waste which is acceptable to the Contract Manager. The County retains the right to enter into a contract with a Secondary Contractor. The Secondary Contractor will be used if the Primary Contractor is unable to perform the required work under the requirements of the Contract or for any other reason, which the County, in its sole judgment, deems appropriate. Invoices — Within 90 days of the collection the Contractor shall provide the County with an invoice. All invoices shall clearly and accurately specify the type of hazardous waste collected (consistent with the terminology in the Contract), cost per container, size of container, method of packaging (i.e., Bulk Pack), method of destruction (i.e., RCRA incineration), total cost and all drum numbers per category as they appear on the manifest and the "Drum Summary Breakdown Sheet." No #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1929- 36 9/23/2014 16.C.2. additional surcharges will be paid. The applicable purchase order number shall be noted on the invoice. Disposal - Once the Contractor takes possession of the waste, waste not sent to an approved facility to be recycled or reused becomes RCRA waste managed by RCRA standards at EPA permitted TSD Facilities (40 CFR 264). No waste shall be disposed of at any Subtitle D facilities or non- hazardous waste incinerators except those authorized to burn hazardous waste fuels. TSD Requirements - The Contractor is solely responsible for complying with all requirements mandated by designated EPA permitted treatment, storage, or disposal facilities regarding labeling, manifesting, packaging, segregation, and transportation of hazardous waste to ensure acceptance of collected wastes at the final disposal site. The Contractor must own and operate an FDEP licensed Hazardous Waste TSDF in Florida. Transporters - The Contractor shall ensure that all Transporters possess local, state, and federal transporter permits, and that all local, state and federal regulations concerning packaging and transport of hazardous waste encountered by a regulatory agency en -route to final destination or elsewhere are in compliance. Landfill Disposal- No disposal of household hazardous waste or CESQG /SQG waste shall be placed in a Class I, Class II or Class III landfill. Landfilling of materials such as alkaline household batteries and solid fertilizers may be allowed with written permission from the County Contract Manager in a Subtitle "C" secured hazardous waste landfill. It is also prohibited for the Contractor to use facilities on the (CERCLA) List. Reference Sheets - The Contractor shall within 30 days of the collection provide the County with a "Container Summary Breakdown Sheet" identifying the manifest number, container identification number, container weight, container contents (including quantity) on each lab pack drum of hazardous waste collected and transported. Certificate of Destruction - Within 90 days of the collection the Contractor shall provide the County with a "Certificate of Destruction" for all hazardous waste collected. The "Certificate of Destruction" form shall indicate the type of hazardous waste, quantity, method of destruction, final destination of waste and a signature acknowledging that the waste was in fact destroyed. General statements such as "your household hazardous waste has been handled in accordance with all state and federal regulations" are unacceptable. Reporting - The Contractor shall provide an accurate and properly calibrated scale at the disposal facility, which will be used to weigh each container (i.e., fifty -five gallon drum, lab pack) that is received. This report shall be available to the Contract Manager on a Waste Receipt Report accessible within 30 days of the collection date via the contractor interactive website. The Contractor shall prepare and provide the Contract Manager a report listing each container's identification number, waste type, container weight, method of packaging (i.e., Lab -Pack, Bulk- Pack), name and #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1930- 37 9/23/2014 16.C.2. signature of the person who weighed the container along with the signature of the Contractor's Project Manager endorsing the results as correct and true. This report shall be provided to the Contract Manager prior to signing the manifest. Annual Report - The Contractor shall prepare and submit to the County sufficient information to complete the annual hazardous waste generator report required of the County by FDEP. Regulatory Notices or Citations - The Contractor shall provide the Contract Manager a copy of any regulatory notices or citation issued at any transfer, treatment, or disposal facility that is or has been used for Collier County hazardous waste within 10 working days of issuance by the regulatory agency. Use of Reports - All reports produced by the Contractor may be used by the County without restrictions or limitations upon their use. The Contractor shall offer participating SQGs /CESQG's the same hazardous waste disposal rate established in this contract for the identification, collection, packaging, shipping, transportation, and disposal of hazardous waste collected from SQG /CESQGs. The Contractor shall be solely responsible for collecting fees and costs associated with this activity. The Contractor shall provide to the County the same rate established in this Contract for the collection, packaging, shipping, transportation and disposal of all other hazardous wastes generated and /or abandoned within Collier County and required to be disposed of per instruction of the Contract Manager. The Contractor shall be solely responsible for collecting fees and costs associated with this activity. Financial Qualifications /Bonding: The awarded Contractor shall duly execute and deliver to the County within 15 consecutive calendar days after written notice of award of contract has been given Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of $250,000.00, the costs for which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in Florida and otherwise acceptable to Owner provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed five percent of the reported policyholders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc., of 75 Fulton Street, New York, New York 10038. Since the contract amount is less than $500,000.00, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six month period beyond the final completion of the contract period, including all Contract extensions. In addition, the Contractor shall provide the following information with respect to its bonding company or surety: name, contact person, address, telephone number, and bonding capability, or a clean Irrevocable Letter of Credit. #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1931- 38 9/23/2014 16.C.2. If the surety for any bond furnished by Contractor is declared bankrupt or becomes insolvent, its right to do business is terminated in Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Contract Manager's approval. Cylinders: The Contractor shall have the capability to properly collect, handle, package, ship, transport and dispose of propane gas containers (full, partially full or empty) in accordance with all associated federal, state and local requirements. Mercury Recycling: The Contractor is responsible to ensure and document that all mercury collected by the contractor in Collier County is recycled in such a way that it is not released into the environment. For example, recycled mercury shall not be sold to any organization or business within the United States or outside the United States that uses this material in any mining operations. Small Quantity Generators (SQG's) /Conditionally Exempt Small Quantity Generator (CESQG) Collection Responsibilities: General Task: The Contractor shall establish a collection route for services to SQG /CESQGs. The Contractor shall identify, consolidate, package, manifest, and assume responsibility for the proper packaging, shipment, transportation and disposal of all SQG /CESQG wastes accepted by the Contractor. Collection Route: The Contractor shall collect hazardous waste from the participating generator's sites and transport the waste to an EPA and any applicable governing agency permitted TSD facility. Education: The Contractor shall hold at least two public workshops at no cost to the County to educate SQG /CESQGs and provide them with information to enhance their participation in the county SQG /CESQG hazardous waste disposal program. Reports: The Contractor shall provide the County with a report detailing established SQG /CESQGs services annually, including number of Collier County participants, type of waste, volume of waste (container size and weight in pounds), cost for disposal and final disposition of the hazardous waste collected. Each business reserves the right not to use the County Hazardous Waste Collection Contractor and County CESQG Hazardous Waste Disposal Program and to choose any Contractor or any hazardous waste transporter that meets its needs. County Responsibilities /Rights: The County shall review and approve records and reports submitted to the County pursuant to and described within the Contract. The County reserves the right to remove and /or add any materials from the county collected waste stream for recycling or alternative disposal. #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1932- 39 9/23/2014 16.C.2. The County may distribute informational materials and may conduct surveys at all collection sites. The County shall be responsible for all costs incurred by the transporter for the proper identification, collection, handling, consolidation, packaging, transportation, treatment, storage and disposal of hazardous waste accepted by the County for disposal as described in these bid specifications and on the submitted Bid Proposal. The County shall not be responsible or liable for the collection, packaging, shipping, transportation, or disposal of CESQG or SQG hazardous waste accepted by the Contractor, nor for the costs incurred by the Contractor in the performance of this work. The County reserves the right to cancel or reduce the hours of operation of any scheduled collection. The County anticipates entering into an agreement with the Contractor to provide the described services for disposition of the material generated from these programs. At any time, the County shall have the right to inspect all County and Contractor utilized treatment, consolidation, storage and disposal facilities to which County hazardous waste is taken, to assure that the schedules and performance are in accordance with this Contract. All CESQG's and SQG's will be charged the same price that is placed in this bid document for HHW collection, identification, sorting, packaging, shipping and transportation. Base bid prices on FY10 hazardous material totals report - Attachment B NOTE: ANY OTHER PARAMETERS OR SURCHARGES INCLUDED BY THE RESPONDENT MAY RESULT IN THE PROPOSAL BEING FOUND TO BE NOW RESPONSIVE. THE COUNTY SHALL FIND ANY EXCEPTIONS /CONDITIONS PRESENTED BY ANY BIDDER TO BE NON - RESPONSIVE. #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1933- 40 9/23/2014 16.C.2. Exhibit B "Bid Tabulation Sheet" #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1934- 41 PRIMARY The Environment Quality Company Fixed Cost for a HHW $2,135.00 Facility CleanDout Unit Cost for Mobilization of additional personnel for a necessary for emergency response, as outlined within this bid document. Estimated Cost No Bid Total Collection Cost r trip A Project Manager $25.00 B Field Chemist $25.00 C *Other $25.00 #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1934- 41 Sectitin C �' _ H Y Reactives 55 Gallon Drum $ - Reactives 30 Gallon Drum $270.00 - Rea ctives 5 Galion Pail $114.00 Oxidizers 55 Gallon Drum $150.00 Oxidizers 30 Gallon Drum $ 50.00 Oxidizers 5 Gallon Pail $ 99.00 Non Regulated 55 Gallon Drum $ 53.00 Non Regulated 30 Gallon Drum $ 47.00 Non Regulated 5 Gallon Pail $ 19.00 Mercury Containing Compound' 55 Gallon Drum $175.00 Mercury Containing Compound 30 Gallon Drum $120.00 'Mercury Containing Compound . 5 Gallon Pail $ 99,00 Recycling Fluorescent Tubes Cost per unit (includes all sizes and supplying the appropriate storage and shipping. containers. $ 0.78 Other Mercury Containing Devices (Switches, Thermometers, Thermostats Other Mercury Containing Devices 55 Gallon Drum $175.00 Other Mercury Containing Devices 30 Gallon Drum $175.00 Other Mercury Containing Devices 5 Gallon Pail $175.00 Mercury 55 Gallon Drum $175.00 Mercury 30 Gallon Drum $120.00 Mercury . 5 Gallon Pail $ 99.00 Section B Total Price : $2,115.78 Sectitin C �' _ H sc i tlohh Polychlorinated Bi hen Is PCB 55 Gallon Drum $275.00 Polychlorinated Bi hen Is PCB 30 Gallon Drum $175.00 Polychlorinated Bi hen Is (PCB). 5 Gallon Pail $ 97.00 Aerosols 55 Gallon Drum $ 99.00 Aerosols 30 Gallon Drum $ 78.00 Aerosols 5 Gallon Pail $ 45.00 Recycling Lead Acid. Batteries Cost per unit $ 0.17 Rechargeable: 55 Gallon Drum .$255.00 Page 12 of I6 #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1935- 9/23/2014 16.C.2. 42 Rechargeable 30 Gallon Drum $110.00 Rechargeable 5 Gallon Pail $ 76.00 Dry cell /Alkaline Batteries/Bulk 55 Gallon Drum $255:00 Dry cell /Alkaline Batteries /Bulk 30 Gallon Drum $110.00 Dry cefl/Alkaline Batteries/Bulk 5 Gallon Pail $ 48.00 NickeloCadmium Batteries /Bulk 55 Gallon Drum $275.00 NickeloCadmium Batteries/Bulk 30 Gallon Drum $220.00 NickelDCadmium Batteries /Bulk. 5 Gallon Pall $ 76.00 Button Batteries, Mercury/Bulk 55 Gallon Drum $0.00 Button Batteries, Mercury/Bulk.: 30 Gallon Drum $0.00 Button Batteries, Mercury/Bulk 5 Gallon Pail $ 175.00 Lithium Batteries /Bulk 55 Gallon Drum $0.00 Lithium-Batteries/Bulk 30 Gallon Drum $0.00 Lithium Batteries/Bulk 5 Gallon Pail $255.00 Gel Cel Lead Acid. Batteries/Bulk 55 Gallon Drum $ 50.00 Gel Cel Lead Acid Batterles /Bulk 30 Gallon Drum $. 37.00 Gel Cel. Lead Acid Batteries/Bulk 5 Gallon Pail $ 33.00 Nickel Metal Hydride 55 Gallon Drum $275.00 Nickel Metal Hydride 30 Gallon Drum $220.00 Nickel Metal Hydride 5 Gallon Pail .$ 75.00 Cyanides 55 Galion Drum. .$179.00 Cyanides 30 Gallon Drum $107.00 Cyanides 5 Gallon Pail $ 45.00 S.oction CTotal Price $3,645.17 ,{ t ti� �vwF Isocyanates 55 Gallon Drum $159.00 Isocyanates 30 Gallon Drum $157.00 Isocyanates 5 Gallon Pail $ 60.00 Dioxins /Bulk Price per pound $ 11.00 Antifreeze 55 Gallon Drum $ 56.00 Antifreeze 30 Gallon Drum $ 34.00 Antifreeze 5 Gallon Pail $ 23.00 Propane Gas Cylinders 20 Pound $ 7.25 Propane Gas Cylinders . 10 Pound $ 6.00 #14 -6260 Hazardous Waste Mgt. Contractor Page 13 of 16 Packet Page -1936- 9/23/2014 16.C.2. 43 Propane Gas Cylinders All other cylinders less than 20 pounds, $ 3.00 Oxygen Gas Cylinders 20 Pound $0.00 Oxygen Gas Cylinders 10 Pound $ 91.00 Oxygen Gas C linder$ All other cylinders less than 20 pounds $0.00 Acetelyne 20 Pound $0.00 Acetelyne 10 Pound $ 35.00 Acetelyne All other cylinders less than 20 pun ds $0.00 Total SeFtion D $ 30.00 $642.25 . The following unit prices shall only apply to those circumstances, which have not been considered within this bid document I.E_ County ware to r»arrhann fnr Cnnnfv it Co Forms Manifest Forms $0.00 Label Labels $0.00 Containers (include lid /gasket/ring /bolt) Drum D 85 Gallon Overtl ack (New) $140.00 Containers (include lid / gasket/ring/bolt) Drum ❑ 55 Gallon 17H, 17E Reconditioned $ 30.00 Containers (include lid /gasket/ring /bolt) Drum ❑ 55 Gallon 17C New $ 30.00 Containers (include lid /gasket/ring /bolt) Drum ❑ 55 Gallon 34M Poly New $ 31.00 Containers (include lid /gasket/ring /bolt) Drum ❑ 55 Gallon Pol Reconditioned $ 30.00 Containers (include lid /gasket/ring /bolt) Drum ❑ 30 Gallon Fiber New $ 30.00 . Containers (include lid /gasket/ring/bolt) Drum ❑ 20 Galion Fiber New $ 30.00 Containers (include .lid /gasket/ring /bolt) Pail ❑ 5 Gallon New $ 10.00 Absorbents Vermiculite ❑ 19 lb. Bag $ 12.00 Absorbents Oil Dry ❑ 40 lb. Bag $ 8.00 General Supplies Tyvek Suits $ 16.00 General. Supplies Gloves ❑ Solvex, 1 Pair $0.00 General Supplies 4 Mil Liners $0.00 General Supplies. DOT Labels $0.00 General Supplies EPA Labels $0.00 General Supplies Sample Bottles $0.00 General Supplies Drum Thief $0.00 #14 -6260 Hazardous Waste Mgt. Contractor Page 14 of 16 - Packet Page -1937- 9/23/2014 16.C.2. 44 General Supplies Drum Deheader & $0.00 Decontamination Cha e General Supplies Drum Pump Use & $0.00 Decontamination Charge General Supplies Patay Pump Use & $0.00 Decontamination General Supplies Sorbant Boom 8" x $ 25.00 10' General Supplies Sorbant Boom 8" x $ 80.00 10' bundle of four General Supplies Sorbant Pads 3/16" x $ 2.00 18 "x 18" General Supplies 1/isqueen/Roll $ 63.00 Personal Protective Level D $0.00 Equipment Personal Protective Level C $0.00 Equipment Personal Protective Level B $ 55.00 Equipment Personal Protective Level A $ 75.00 Equipment Parts Pricing Gasket 17H 55 $0.00 Gallon Drum Parts Pricing Nut & Bolt 5/8" for 55 $0.00 Gallon Drum Parts Pricing Ring 17H 55 Gallon $0.00 Drum Parts Pricing Cover 17H 55 Gallon $0.00 Drum Parts Pricing Bungs TS 20 2" $0.00 Parts Pricing TS 10 $0.00 Analysis: The analysis "Analysis Cost for $650.00 cost for unknown Unknowns (TCLP) household hazardous waste shall be considered part of the disposal cost of the waste. The above listed analysis cost shall only apply to business generated wastes, Household hazardous wastes are exempt of any cost associated with any analysis, either in the field or in the lab. #14 -6260 Hazardous Waste Mgt. Contractor Page 15 of 16 Packet Page -1938- 9/23/2014 16.C.2. 45 Analysis: The analysis *` Analysis Cost for $650.00 cost for unknown Unknowns (Field) household hazardous waste shall be considered part of the disposal cost of the waste. The above listed analysis cost shall only apply to business generated wastes. Household hazardous wastes are exempt of any cost associated with any analysis, either in the field or in the lab. Other Expenses Emergency $700.00 Response Mobilization Other Expenses Six (6) Hour $0.00 Minimum Response Time Other Expenses Cancellation Charge $0.00 Household Hazardous Center Storage $1,520.00 Waste Collection Building Cleaning Total'Section E $4;187.00 Grand Total $14,7,92.20 #14 -6260 Hazardous Waste Mgt. Contractor Page 16 of 16 Packet Page -1939- 9/23/2014 16.C.2. 46 9/23/2014 16.C.2. Exhibit C Please see pricing section in separate spreadsheet via www.coiliergov.net/bid and must be uploaded via the same media it was received in. #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1940- 47 9/23/2014 16.C.2. Exhibit D Listing of the weight in pounds of Household Hazardous Waste collected in Collier County during the County Fiscal Years 2011, 2012 and 2013 ELECTRONICS 579,960.00 1,152,160.00 1,284,170.00 LATEX PAINT 243,332.00 283,120.00 366,369.00 FLAMMABLE 79,936.00 102,560.00 113,237.00 WASTE OIL 72,396.92 70,420.00 83,208.08 BATTERIES 53,630.00 58,800.00 64,350.00 POISONS 27,935.00 40,140.00 26,232.00 CORROSIVE BASES 9,538.20 20,320.00 14,535.80 MERCURY DEVICES 1,808.00 17,360.00 18,127.00 ANTIFREEZE 16, 200.00 17, 360.00 9,143.00 GASOLINE 10,000.00 10,680.00 15,231.00 AEROSOLS 5,085.00 7,180.00 8,010.00 PROPANE 5,701.00 6,360.00 8,900.00 CORROSIVE ACIDS 5,720.00 5,560.00 7,607.00 USED OIL FILTERS 4,760.00 4,680.00 4,125.00 #14 -6260 Hazardous Waste Mgt. Contractor Packet Page -1941- 48 PM: Alister Burnett ITB 14 -6260 P5: Brenda Brilhart Hazardous Materials MOT Contractor Supplies, analysis and materials (i.e., container, labels, vermiculite) required for the actual packaging, handling, shipping, transportation and 9/23/2014 16.C.2. 2014 Negotiated Common Price Line Items 1 Fixed Cost for a HHW Facility Clean-out (note this includes 2 chemists, 4 techs, 'SA 2 x35.00 $ 2,950.00 X 2 Unit Cost for Mobilization of additional personnel for necessary for emergency :i" .bF ' $ 380.00 30 Gallon Drum 3 Estimated Cost 10 Flammable Liquids 4 Total Collection Cost per trip? " 1 5 Project Manager $' 25.00 $ 75.00 61 Field Chemist $;..2x`25.00 $ 60.00 $ 243.60 7 *Other $f .;':25.0 ©;: 1 $ 40.00 x7108` PartISubtotal , ... . .ti.. �. ., ....;, ._._ n�;�.. ,� ,r..s t. ,... <.. $ -..��, . 2;210.00 $ 3,505.00 Poisons Liquids *Provide one cost only; cost per hour, i.e., drivers, equipment operators, traffic control personnel, PART 11 SectionA.�., Descri 8 Flammable Liquids 55 Gallon Drum 6000-�5 $ 102.00 X 9 Flammable Liquids 30 Gallon Drum 55 $ 87.72 10 Flammable Liquids 5 Gallon Pail $ 43.38 1 Subtotal(Elamable)' 175' $ 233.10 I 1 Poisons Liquids 55 Gallon Drum „ o� z,, _ p��:178 $ 243.60 X 12 Poisons Liquids 30 Gallon Drum x7108` $ 160.56 X 13 Poisons Liquids 5 Gallon Pail 7Al"'50 $ 86.70 X 14 Flammable Liquid Poisons 55 Gallon Drum 40 x°01:21 $ 276.18 15 Flammable Liquid Poisons 30 Gallon Drum AZXAI� ? . ' -155 $ 175.90 16 Flammable Liquid Poisons 5 Gallon Pail -45 $ 95.04 17 Flammable Solids 55 Gallon Drum' 195 $ 263.98 X 18 Flammable Solids 30 Gallon Drum 130' $ 198.61 19 Flammable Solids 5 Gallon Pail . 50 $ 64.91 X II Subtotal (Poisons) 1,121 $ 1,565.48 20 Hazardous Wastes / "Liquid" 55 Gallon Drum 99 $ 168.34 X 21 Hazardous Wastes / "Liquid" 30 Gallon Drum 75 $ 133.93 22 Hazardous Wastes /"Liquid" 5 Gallon Pail 45 $ 54.61 23 Hazardous Waste / "Solid" 55 Gallon Drum 100 $ 153.57 X 24 Hazardous Waste /"Solid" 30 Gallon Drum 7 $ 133.93 25 Hazardous Waste /"Solid" 15 Gallon Pail x 45 $ 54.61 X 26 Corrosives 55 Gallon Drum 6 � U 1— $ 132.00 X 27 Corrosives 30 Gallon Drum $ 117.60 X 28 Corrosives 5 Gallon Pail ,_�� : ,. 45 $ 54.94 X Ill Subtotal (Corrosives) `.-696 $ 1,003.53 Packet Page -1942- PM: Alister Burnett ITB 14 -6260 9/23/2014 16.C.2. P5: Brenda Brilhart Hazardous Materials MOT Contractor Packet Page -1943- PM: Alister Burnett ITB 14 -6260 PS: Brenda Brilhart Hazardous Materials MOT Contractor Supplies, analysis and materials (i.e., container, 4 labels, venniculite) required for the actual packaging, handling, shipping, transportation and PARTI 93 Acetelyne 20 Pound 94 Acetelyne 10 Pound 95 Acetel ne All other cylinders less than 20 `u? D Il ISubtotal 10: 101 10' 10; 101, lll 11 11: IE 11� 11' 11� I1' 111 11� 12( 12] 12, 12_ 12� 12' IN 12' 12f 12S 13( 131 13, 13_ 134 135 13( 131) 135 13S 14C 9/23/2014 16.C.2. 2014 Negotiated Common Price Line Items $ 224.24 $ 190.35 $ 136.14 $ 917.66 '- Section Description' ` - Electronics., Descri bons 96 TV Monitors Item 97 TV Flat Screens Item 98 Desktop Computers Item 99 Computer Flat Screen Monitors Item 100 Laptop Computers Item 101 Copiers/Fax Machines Item 102 Printers Item 103 Peripherals - Phones, Chargers, Keyboards, Mouse, etc 20 Pound 104130-40 cubic yard rolloff container jUnit $ 1,188.56 I Subtotal (Electronics) Containers (include lid / gasket/ring/bolt) 10: 101 10' 10; 101, lll 11 11: IE 11� 11' 11� I1' 111 11� 12( 12] 12, 12_ 12� 12' IN 12' 12f 12S 13( 131 13, 13_ 134 135 13( 131) 135 13S 14C 9/23/2014 16.C.2. 2014 Negotiated Common Price Line Items $ 224.24 $ 190.35 $ 136.14 $ 917.66 Forms Manifest Forms - s t� .9.5 $ 1 6.83 Labels $ - Containers (include lid /gasket/ring/bolt) Drum - 85 Gallon Over -pack ;, $ ' ,. 140,00 $ 229.17 Containers (include lid/gasket/ring /bolt) Drum - 55 Gallon 17H, 17E <`.$ 30:00 $ 33.33 Containers (include lid/gasket/ring/bolt) Drum - 55 Gallon 17C (New) $ 55.56 Containers (include lid / gasket/ring/bolt) Drum - 55 Gallon 34M Poly $ $_* 3L:00 : `1330 $ 1,171.73 Containers (include lid / gasket/ring/bolt) 1,339.50 $ 1,188.56 37.50 Forms Manifest Forms - i Label Labels $ - Containers (include lid /gasket/ring/bolt) Drum - 85 Gallon Over -pack ;, $ ' ,. 140,00 $ 229.17 Containers (include lid/gasket/ring /bolt) Drum - 55 Gallon 17H, 17E <`.$ 30:00 $ 33.33 Containers (include lid/gasket/ring/bolt) Drum - 55 Gallon 17C (New) $ 55.56 Containers (include lid / gasket/ring/bolt) Drum - 55 Gallon 34M Poly $ $_* 3L:00 : $ 29.17 Containers (include lid / gasket/ring/bolt) Drum 55 Gallon Poly (Recon : _$ 37.50 Containers (include lid / gasket/ring/bolt) Drum - 30 Gallon Fiber (New) ::$ .30.00 $ 37.50 Containers (include lid/gasket/ring /bolt) Drum - 20 Gallon Fiber (New) LS A'30.00 • $ 27.78 Containers (include lid/gasket /ring/bolt) Pail - 5 Gallon (New) ` -$ , , ' 10.00 $ 8.08 Absorbents Vermiculite - 19 lb. Bag $ w 32:00, $ 23.63 Absorbents Oil Dry - 40 lb. Bag $ u_ -S.0&', 8.68 General Supplies Tyvek Suits "$ � 6.00"' $ 4.11 General Supplies Gloves - Solvex, 1 Pair $ - General Supplies 4 Mil Liners $ ° -... $ 21.76 General Supplies DOT Labels::$ General Supplies EPA Labels:$ $ General Supplies Sample Bottles $ 0.39 General Supplies Drum Thief >:$ ! $ ' 0.96 General Supplies Drum Deheader & Decontarn = =$ $ - General Supplies Drum Pump Use & Decontami - $ .. °- $ - General Supplies Patay Pump Use & Decontami $ $ - General Supplies Sorbant Boom 8" x 10' $ = 25.00 ; $ 73.14 General Supplies Sorbant Boom 8" x 10' bundle i 80.00 $ 292.56 General Supplies Sorbant Pads 3/16" x 18 " x 18 ' A `! 2.00 ! $ 0.43 General Supplies Visqueen/Itoll 7 =:,63.00:' $ 91.67 Personal Protective Equipment Level D $ $ - Personal Protective Equipment Level C $ - $ 4.11 Personal Protective Equipment Level B $ `: 55.00 ` $ - Personal Protective Equipment Level A. °$ "75.00: $ - Parts Pricing Gasket 17H 55 Gallon Drum - Parts Pricing Nut & Bolt 5/8" for 55 Gallon - Parts Pricing Ring 17H 55 Gallon Drum „$ $ - Parts Pricing Cover 17H 55 Gallon Drum $ $ < - Parts Pricing Bungs TS 20 2" $ - Parts Pricing TS 10 $ - Packet Page -1944- PM: Alister Burnett ITB 14 -6260 9/23/2014 16.C.2. PS: Brenda Brilhart Hazardous Materials MOT Contractor All Line Items Total Common Line Items Packet Page -1945- Increase 46.78% Increase 29.00% Supplies, analysis and materials (i.e., container, t' labels, venniculite) required for the actual 30IIiI;rd3'nc 2014 Negotiated Common packaging, handling, shipping, transportation and Price Line Items PART I '� z ASR a x ** Analysis Cost for Unknown :$ � 650 00 �r a Analysis: The analysis cost for unknown Y Y �. UPW household hazardous waste shall be considered part of the disposal cost of the waste. The above s _ listed analysis cost shall only apply to business generated wastes. Household hazardous wastes i r are exempt of any cost associated with any 141 analysis, either in the field or in the lab. * * Analysis Cost for Unknown $ 650 00 Analysis: The analysis cost for unknown f household hazardous waste shall be considered part of the disposal cost of the waste. The above business listed analysis cost shall only apply to generated wastes. Household hazardous wastes are exempt of any cost associated with any u 142 analysis, either in the field or in the lab. $ 650.00 143 Other Expenses Emergency Response Mobiliza �,'�, $ ,� 0.001, $ 700.00 144 Other Expenses Six (6) Hour Minimum Response "Time $ - 145 Other Expenses Cancellation Charge ',' $ - 146 Household Hazardous Waste Collection Center Storage Building Cleani Z14, ;520:00: $ 1,520.00 F I Total Section F (Miscellaneous) $ ,%. ` x,187.00 $ 3,849.53 S 16,131.70 S 23,677.33 All Line Items Total Common Line Items Packet Page -1945- Increase 46.78% Increase 29.00% 9/23/2014 16.C.2. AGREEMENT14 -6260 for Hazardous Materials Management Contractor THIS AGREEMENT, made and entered into on this day of 2014, by and between EQ Florida, Inc., authorized to do business in the State of Florida, whose business address is 7202 East 8th Avenue, Tampa, Florida 33619, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner "): WITNESSETH: 1. COMMENCEMENT. The contract shall be effective at time of Board award. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 2. CONTRACT TERM. The contract shall be for a one (1) year period. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall provide collection, identification, packaging, shipping, transportation and proper disposal of all hazardous chemicals/ materials from the Household Hazardous Waste Collection Centers on a regularly scheduled basis in accordance with the terms and conditions of Exhibit A Scope of Services, Bid #14 -6260, and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule (Exhibit B) offered by the Contractor in his bid, together with the cost of any other charges /fees submitted in the proposal. In addition, the Contractor hereby agrees that any requested parameters or items not Page 1 of 27 Packet Page -1946- 9/23/2014 16.C.2. included in the bid schedule shall be performed at a discount of thirty percent (30 %) from the Contractors prevailing retail price list at the time of the order. In such instances, the Contractor shall submit a copy of the appropriate pages from said price list with the invoice for the non -bid items. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85- 8015966531C -2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: EQ Florida, Inc. 7202 East 8+h Avenue Tampa, Florida 33619 Attention: Gene Cieply, General Manager Telephone: (813) 495 -1060 Facsimile: (813) 628 -0842 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: (239) 252 -8407 Facsimile: (239) 252 -6480 CA Page 2 of 27 Packet Page -1947- 9/23/2014 16.C.2. The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. PARP Z of 77 Cfi Packet Page -1948- 9/23/2014 16.C.2. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. BONDS (Exhibit C) If the work is in excess of two hundred thousand dollars ($200,000), the Contractor shall be required to provide Payment and Performance Bonds. A. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and /or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "C ". B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Pollution Liability - $1,000,000 Per Occurrence. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Paon d of )7 CA Packet Page -1949- 9/23/2014 16.C.2. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 14. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 14.1 The duty to defend under this Article 14 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 16. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 17. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A Scope of Services, Exhibit B Price Schedule, Exhibit C Bonds, Contractor's Proposal, Dn..o C ..F7'! Packet Page -1950- Cq 9/23/2014 16.C.2. Insurance Certificate(s), Performance and Payment Bonds, Bid #14 -6260 Specifications/ Scope of Services and Addenda. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 23. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 0 P%- A -f-)7 Packet Page -1951- 9/23/2014 16.C.2. 24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 25. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 26. CONTRACT STAFFING: The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the Contract requirements. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 27. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Bid #14 -6260 and /or the Contractor's Proposal, the Contract Documents shall take precedence. 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of D.— 7 nF 77 Packet Page -1952- Cq 9/23/2014 16.C.2. their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and /or right -of -way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and /or Safety Engineer. * * * * * * * * * * * * * * * * * * * * ** *Remainder of Page Intentionally Left Blank * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** D--- O ..F7'7 CA Packet Page -1953- 9/23/2014 16.C.2. 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. ATTEST: Dwight E. Brock, Clerk of Courts am Dated: (SEAL) First Witness TType /print witness nameT � Second Witness TType/ print witness nameT Approved as to Form and Legali : �1 Assistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA In Tom Henning, Chairman Contractor EQ Florida, Inc. Signature TType /print signature and titleT Packet Page -1954- G 9/23/2014 16.C.2. EXHIBIT A Scope of Services To provide services to include collection, identification, packaging, shipping, transportation, and proper disposal of all hazardous materials, including e- waste, from the Hazardous Materials Collection Center, Recycling Drop -off Centers, and all Collier County government -owned properties, including waste collection from Conditionally Exempt Small Quantity Generator (CESQG) throughout the County and emergency response cleanout. The County operates one (1) Hazardous Material Collection Center and five (5) Recycling Drop -off Centers which need to have proper cleanout and disposal of hazardous materials on a regularly scheduled basis to be in compliance with regulations and code. Collier County maintains five (5) permanent Recycling Drop -off Centers located at: 1. 2640 W. Enterprise Ave., Naples 2. 990 Chalmers Drive, Marco Island 3. 700 Stockade Road, Immokalee 4. 9950 Goodlette Frank Road N., Naples 5. Carnestown at 31201 E. Tamiami Trail One (1) Hazardous Waste Collection Center is maintained at 3728 White Lake Blvd., Naples, FL. The Contractor will respond to emergency clean ups, collect, identify, package, ship, transport, and dispose of hazardous materials, including e- waste, derived from County - owned hazardous waste collection facilities, County - sponsored special events, and other County -owned facilities as necessary. The County will order services on an as- needed basis. NO MINIMUM OR MAXIMUM: The services required by this contract shall include but not be limited to the items/ services described in the Scope of Services. The County shall order items/ services as required but makes no guarantee as to the quantity, number, type or distribution of items/ services that will be ordered or required by this contract. Timetable E -waste cleanouts are normally scheduled every two (2) weeks from January through April, and every three (3)weeks from May through December. Hazardous waste cleanouts are normally scheduled every two (2)months at two (2) locations. Extra cleanouts are scheduled when collection events are held and in emergency situations following severe weather events. CA Page 10 of 27 Packet Page -1955- 9/23/2014 16.C.2. During the contract period, the Contractor: 1. Shall be properly licensed to collect, transport, recycle, store, and dispose of hazardous waste. 2. Shall own and operate a Florida Department of Environmental Protection - licensed Hazardous Waste Treatment Storage and Disposal Facility (TSDF) in Florida. At the Contractor and any and all Subcontractors 3. Any Subcontractors shall be licensed to collect, transport, store and dispose of hazardous waste. 4. Shall submit the Contractor's and any or all Subcontractor's Environmental Protection Agency (EPA) Identification Number and proof of the Department of Environmental Protection Hazardous Waste Transporter Registration. Definitions: For the purpose of this Contract the following definitions shall apply. County shall indicate Collier County. FDEP shall indicate Florida Department of Environmental Protection RCRA shall indicate Resource Conservation and Recovery Act EPA shall indicate US Environmental Protection Agency DOT shall indicate US Department of Transport CERCLA shall indicate Comprehensive Environmental Response, Compensation and Liability Act TSDF shall indicate a treatment, storage and disposal facility. SQG shall indicate a Small Quantity Generator of hazardous waste. Small Quantity Generators are those businesses generating between 220 and 2,200 pounds of hazardous waste or greater than 2.2 pounds of an acute hazardous waste per month. CESQG shall indicate a Conditionally Exempt Small Quantity Generator. Contract Manager shall be the Solid and Hazardous Waste Management Department Director, or his /her designee. Wherever the term "Contract Manager' is used that term shall be read as including "or his /her designee." HHW shall indicate Household Hazardous Waste. Cq Page 1 1 of 27 Packet Page -1956- 9/23/2014 16.C.2. Contractor's Responsibilities: General The Contractor collects, identifies, packages, ships, transports and disposes of all hazardous wastes and materials, including e- waste, designated by the County staff. The County reserves the right to coordinate with other companies for the transportation, recycling and disposal of wastes which are recyclable (i.e., batteries, fluorescent light tubes, used oil, antifreeze, waste fuel, electronics), non- hazardous (i.e., latex paints, acrylic paints), propane gas cylinders and solid wastes (i.e., trash, litter). Contractor will provide receipt, collection, identification, packaging, shipping, transport and disposal of any hazardous material, not able to be classified under the household hazardous waste exemption, at the Collier County Landfill and /or the Immokalee Transfer station at an hourly rate plus disposal cost. This service will be provided when the Contractor is in the Naples area for a site cleanout. The Contractor will be notified prior to the regularly scheduled pickup at the recycling drop -off centers and the Hazardous Material Collection Center. The Contractor shall provide competent, qualified and trained personnel, all the necessary equipment and materials (including, but not limited to, tables, generators, lab instruments, tents, scales, communication equipment, emergency response kits, manifests, solid waste dumpsters, packaging materials), receiving services, disposal services, and agency coordination in accordance with all applicable local, state, and federal ordinances, codes, rules and regulations, including, but not limited to, Collier County Government, local Fire Marshal, FDEP, Occupational Safety and Health Administration, EPA, and the DOT. The Contractor shall provide four (4) distinct services as follows: A. Receipt, collection, identification, packaging, shipping, transport, and disposal of HHW, including e- waste, from the County's Recycling Drop -off and Hazardous Materials Collection Centers, and any future sites, as needed, to be determined by the County. B. Receipt, collection, identification, packaging, shipping, transport, and disposal of hazardous waste from CESQG, upon request. C. Receipt, collection, identification, packaging, shipping, transport, and disposal of hazardous waste from SQG, upon request. D. Receipt, collection, identification, packaging, shipping, transport, and disposal of all other hazardous waste generated and/or abandoned within Collier County, upon request and in particular following a declared storm event. G Packet Page -1957- 9/23/2014 16.C.2. HHW & CESQG Collection: Location - The Contractor will receive or collect household hazardous waste and/or CESQG hazardous waste at the recycling drop -off centers and the Hazardous Material Collection Center or at other alternative sites as designated by the Collier County Solid and Hazardous Waste Management Department. Schedule - The Contractor will conduct collection events on a Monday, as needed, and may coordinate the hazardous waste collection event with a CESQG collection event. A. In the event of a natural disaster in Collier County, the Contractor shall respond within twelve (12) hours after being contacted by the Contract Manager to collect household and business hazardous waste at a site and /or sites designated by Collier County. Collier County staff will make the determination regarding a natural disaster and the need for the Contractors' assistance. B. Emergency response for other than natural disasters shall occur within a minimum of six (6) hours following County notification. Personnel - The Contractor shall provide all personnel necessary to properly and safely collect, package, ship and transport the collected hazardous waste consistent with the requirements of the Contract. Experience and Education - The Contractor shall provide, at a minimum, personnel who meet the following experience and educational requirements: Project Manager holding a four -year degree in Chemistry or a related field, with a minimum of two years experience as a Field Chemist and a minimum of one year as a Project Manager for household hazardous waste collection. Fifty percent of the Contractor's personnel working at either a collection event or a facility clean-out shall be Field Chemists, who hold a four -year degree in Chemistry or a related field and have at least six months field experience in hazardous waste collection. HHW Collection Estimates - The information provided in Exhibit 1C represents an estimate of the volume of household hazardous waste ( CESQG not included) that was collected in Collier County during Fiscal Year 2013. The purpose of this information is to provide the Contractor with data which will assist in the determination of the staffing and logistical needs. Overtime - The County will not be held responsible for paying the Contractor for overtime or the mobilization of additional pre- approved personnel. Packet Page -1958- coo 9/23/2014 16.C.2. Completion Time - An adequate number of personnel and equipment, pre - approved by the Contract Manager shall work at each scheduled site collection to properly and safely complete all work identified by close of business on collection day. All operations including, but not limited to, the packaging, sorting, loading, shipment/ transportation preparation and associated paper work for all of the collected hazardous waste along with the collection site cleanup, take down and storage of all equipment and materials provided by the Contractor or its subcontractors, associated with clean-outs shall occur between lam and 5pm on scheduled Mondays. All work shall be completed consistent with the requirements identified within the Contract. Operations - The Contractor shall set up work stations, segregated and organized storage areas, and packaging stations at the collection or clean up site to maximize efficiency of operations. Equipment - The Contractor shall provide all the necessary equipment and materials for setting up and operating at the County's recycling drop -off centers, the Hazardous Materials Collection Center, and any other site designated for hazardous material collection. The Contractor shall provide all materials, personnel and equipment to properly and safely, efficiently, and cost effectively perform a site clean-out of the County's recycling drop -off centers, the Hazardous Material Collection Center, and other sites as designated to the Contract Manager's satisfaction and consistent with the Contract. Security - All collected hazardous waste and required equipment/ supplies must be properly secured and rendered inaccessible to the public during the site collection and until permanently removed by the Contractor. Safety - The Contractor must provide a written plan approved by the Contract Manager describing operating procedures that provide appropriate safety at the site. Spill Control - The Contractor must have a spill contingency plan in place for preventing and containing spills that occur during any site collection, to the satisfaction of the Contract Manager. Advertisement/Public Education - The Contractor has the option to conduct a comprehensive advertisement program at no cost to Collier County. This program shall be approved by the Collier County Solid and Hazardous Waste Management Department 30 days in advance of each event. Packet Page -1959- 0 9/23/2014 16.C.2. Identification - The Contractor shall provide on -site identification of all hazardous waste received. Identification shall be sufficient to properly package all hazardous waste pursuant to DOT requirements and to ensure acceptance at an EPA permitted storage, treatment or disposal facility. Packaging - The Contractor shall comply with pre - transport requirements of 40 CFR Part 262, Sub -part C, as amended or superseded. Only state and federally approved containers and packing material shall be used for the packaging, shipment and transport of hazardous waste. Consolidation - The Contractor shall make provisions to consolidate compatible hazardous wastes to minimize per unit disposal costs for the County to the satisfaction of the Contract Manager. The Contractor will package the materials to decrease the County's packaging and disposal costs without consideration for the Contractor's convenience, storage and final disposal destination. Additionally, the Contractor will make provisions to bulk compatible wastes if such options are available. Packaging Limitations - The Contractor shall not, unless required in the Contract or directed by the County Contract Manager, package non - hazardous solid waste or empty containers formerly containing hazardous substances. The County reserves the right to give the Contractor a list of products/ substances that are to be retained by the County. Recyclable/Reuse Wastes - The Contractor is required, unless otherwise directed by the Contract Manager to package /bulk /consolidate the following types of recyclable wastes in containers designated by the Contract Manager: - Anti-freeze - Used oils/ new oils and used filters - Batteries - Gasoline, kerosene, and lantern /stove fuel - Fluorescent lamps, ballasts, other mercury containing devices - Propane and other tanks - E -waste Manifests - The Contractor shall prepare and maintain Uniform Hazardous Waste Manifests (EPA Form 8700 -22) in accordance with 40 CFR Part 262, Sub- part B, for all hazardous waste collected and transported from the County. The final completed manifest shall be submitted to the County within thirty (30) days following the date when it was signed by the Contract Manager, or the disposal facility's authorized signature designee. Standards - The Contractor shall comply with 40 CFR Part 2, "Standards Applicable to Transporters of Hazardous Waste," Chapter 62 -730, Part 3, Florida 9 Packet Page -1960- 9/23/2014 16.C.2. Administrative Code, and all applicable DOT requirements for transportation of hazardous waste; as amended or superseded. Contingency Plan - The Contractor shall coordinate with the Contract Manager and local emergency response personnel to develop a site contingency plan. If at any time the Contract Manager questions the contents of any container it will be reopened by the Contractor for the Contract Manager's inspection. During collection the Contractor shall collect only those wastes identified within the Contract, unless otherwise approved by the County Contract Manager. The Contractor shall be held responsible for all associated costs in the safe and proper identification, sorting, packaging, shipment, transportation and disposal of any other wastes (i.e., explosives, biohazard, radioactive, pressurized gas cylinders other than what is stated within this contract) which are accepted by the Contractor without the pre - approval of the Contract Manager. In the event that the Contractor opts to combine County and non- County hazardous wastes, the Contractor should have in place a contingency plan for the handling of non - contract waste which is acceptable to the Contract Manager. The County retains the right to enter into a contract with a Secondary Contractor. The Secondary Contractor will be used if the Primary Contractor is unable to perform the required work under the requirements of the Contract or for any other reason, which the County, in its sole judgment, deems appropriate. Invoices - Within ninety (90) days of the collection the Contractor shall provide the County with an invoice. All invoices shall clearly and accurately specify the type of hazardous waste collected (consistent with the terminology in the Contract), cost per container, size of container, method of packaging (i.e., Bulk Pack), method of destruction (i.e., RCRA incineration), total cost and all drum numbers per category as they appear on the manifest and the "Drum Summary Breakdown Sheet." No additional surcharges will be paid. The applicable purchase order number shall be noted on the invoice. Disposal - Once the Contractor takes possession of the waste, waste not sent to an approved facility to be recycled or reused becomes RCRA waste managed by RCRA standards at EPA permitted TSD Facilities (40 CFR 264). No waste shall be disposed of at any Subtitle D facilities or non - hazardous waste incinerators except those authorized to burn hazardous waste fuels. TSD Requirements - The Contractor is solely responsible for complying with all requirements mandated by designated EPA permitted treatment, storage, or disposal facilities regarding labeling, manifesting, packaging, segregation, and transportation of hazardous waste to ensure acceptance of collected wastes at the Packet Page -1961- �� 9/23/2014 16.C.2. final disposal site. The Contractor must own and operate an FDEP licensed Hazardous Waste TSDF in Florida. Transporters - The Contractor shall ensure that all Transporters possess local, state, and federal transporter permits, and that all local, state and federal regulations concerning packaging and transport of hazardous waste encountered by a regulatory agency en -route to final destination or elsewhere are in compliance. Landfill Disposal- No disposal of household hazardous waste or CESQG /SQG waste shall be placed in a Class I, Class II or Class III landfill. Landfilling of materials such as alkaline household batteries and solid fertilizers may be allowed with written permission from the County Contract Manager in a Subtitle "C" secured hazardous waste landfill. It is also prohibited for the Contractor to use facilities on the (CERCLA) List. Reference Sheets - The Contractor shall within thirty (30) days of the collection provide the County with a "Container Summary Breakdown Sheet" identifying the manifest number, container identification number, container weight, container contents (including quantity) on each lab pack drum of hazardous waste collected and transported. Certificate of Destruction - Within ninety (90) days of the collection the Contractor shall provide the County with a "Certificate of Destruction" for all hazardous waste collected. The "Certificate of Destruction" form shall indicate the type of hazardous waste, quantity, method of destruction, final destination of waste and a signature acknowledging that the waste was in fact destroyed. General statements such as "your household hazardous waste has been handled in accordance with all state and federal regulations" are unacceptable. Reporting - The Contractor shall provide an accurate and properly calibrated scale at the disposal facility, which will be used to weigh each container (i.e., fifty -five gallon drum, lab pack) that is received. This report shall be available to the Contract Manager on a Waste Receipt Report accessible within thirty (30) days of the collection date via the contractor interactive website. The Contractor shall prepare and provide the Contract Manager a report listing each container's identification number, waste type, container weight, method of packaging (i.e., Lab -Pack, Bulk- Pack), name and signature of the person who weighed the container along with the signature of the Contractor's Project Manager endorsing the results as correct and true. This report shall be provided to the Contract Manager prior to signing the manifest. Annual Report - The Contractor shall prepare and submit to the County sufficient information to complete the annual hazardous waste generator report required of the County by FDEP. Packet Page -1962- 9/23/2014 16.C.2. Regulatory Notices or Citations - The Contractor shall provide the Contract Manager a copy of any regulatory notices or citation issued at any transfer, treatment, or disposal facility that is or has been used for Collier County hazardous waste within ten (10) working days of issuance by the regulatory agency. Use of Reports - All reports produced by the Contractor may be used by the County without restrictions or limitations upon their use. The Contractor shall offer participating SQGs /CESQG's the same hazardous waste disposal rate established in this contract for the identification, collection, packaging, shipping, transportation, and disposal of hazardous waste collected from SQG /CESQGs. The Contractor shall be solely responsible for collecting fees and costs associated with this activity. The Contractor shall provide to the County the same rate established in this Contract for the collection, packaging, shipping, transportation and disposal of all other hazardous wastes generated and /or abandoned within Collier County and required to be disposed of per instruction of the Contract Manager. The Contractor shall be solely responsible for collecting fees and costs associated with this activity. Financial Qualifications/Bonding: The awarded Contractor shall duly execute and deliver to the County within fifteen (15) consecutive calendar days after written notice of award of contract has been given Performance and Payment Bonds, in the form prescribed in Exhibit C, in the amount of two hundred fifty thousand dollars ($250,000.00), the costs for which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in Florida and otherwise acceptable to Owner provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed five percent (5 %) of the reported policyholders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc., of 75 Fulton Street, New York, New York 10038. Since the contract amount is less than five hundred thousand dollars ($500,000.00), the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the contract period, including all Contract extensions. In addition, the Contractor shall provide the following information with respect to its bonding company or surety: name, contact person, address, telephone number, and bonding capability, or a clean Irrevocable Letter of Credit. G Packet Page -1963- 9/23/2014 16.C.2. If the surety for any bond furnished by Contractor is declared bankrupt or becomes insolvent, its right to do business is terminated in Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Contract Manager's approval. Cylinders: The Contractor shall have the capability to properly collect, handle, package, ship, transport and dispose of propane gas containers (full, partially full or empty) in accordance with all associated federal, state and local requirements. Mercury Recycling: The Contractor is responsible to ensure and document that all mercury collected by the contractor in Collier County is recycled in such a way that it is not released into the environment. For example, recycled mercury shall not be sold to any organization or business within the United States or outside the United States that uses this material in any mining operations. Small Quantity Generators (SQG's) /Conditionally Exempt Small Quantity Generator (CESQG) Collection Responsibilities: General Task: The Contractor shall establish a collection route for services to SQG /CESQGs. The Contractor shall identify, consolidate, package, manifest, and assume responsibility for the proper packaging, shipment, transportation and disposal of all SQG /CESQG wastes accepted by the Contractor. Collection Route: The Contractor shall collect hazardous waste from the participating generator's sites and transport the waste to an EPA and any applicable governing agency permitted TSD facility. Education: The Contractor shall hold at least two (2) public workshops at no cost to the County to educate SQG /CESQGs and provide them with information to enhance their participation in the county SQG /CESQG hazardous waste disposal program. Reports: The Contractor shall provide the County with a report detailing established SQG/ CESQGs services annually, including number of Collier County participants, type of waste, volume of waste (container size and weight in pounds), cost for disposal and final disposition of the hazardous waste collected. Each business reserves the right not to use the County Hazardous Waste Collection Contractor and County CESQG Hazardous Waste Disposal Program and to choose any Contractor or any hazardous waste transporter that meets its needs. G Packet Page -1964- 9/23/2014 16.C.2. Countv Resvonsibilities/Rizhts: The County shall review and approve records and reports submitted to the County pursuant to and described within the Contract. The County reserves the right to remove and/or add any materials from the county collected waste stream for recycling or alternative disposal. The County may distribute informational materials and may conduct surveys at all collection sites. The County shall be responsible for all costs incurred by the transporter for the proper identification, collection, handling, consolidation, packaging, transportation, treatment, storage and disposal of hazardous waste accepted by the County for disposal as described in these bid specifications and on the submitted Bid Proposal. The County shall not be responsible or liable for the collection, packaging, shipping, transportation, or disposal of CESQG or SQG hazardous waste accepted by the Contractor, nor for the costs incurred by the Contractor in the performance of this work. The County reserves the right to cancel or reduce the hours of operation of any scheduled collection. The County anticipates entering into an agreement with the Contractor to provide the described services for disposition of the material generated from these programs. At any time, the County shall have the right to inspect all County and Contractor utilized treatment, consolidation, storage and disposal facilities to which County hazardous waste is taken, to assure that the schedules and performance are in accordance with this Contract. All CESQG's and SQG's will be charged the same price that is placed in this Contract document for HHW collection, identification, sorting, packaging, shipping and transportation. Packet Page -1965- (-►o Exhibit B - Price Schedule Pages immediately following Packet Page -1966- 9/23/2014 16.C.2. OA( r,Arn1D11 D - rMk-r. Jl 11r1JULr. ITB 14 -6260 Hazardous Materials MOT Contractor 9/23/2014 16.C.2. Packet Page -1967- Y Descnk`tion. Unit Price, Supplies, analysis and materials (i.e., container, labels, vermiculite) required for the actual packaging, handling, shipping, transportation and disposal of the identified hazardous waste, should only be applied when providing afixed cost for the disposal of a specific waste. PART 1 ...; 1 Fixed Cost for a HHW Facility Clean -out $ 3,365.32 2 Unit Cost for Mobilization of additional personnel for necessary for emergency response, as outlined within $ 400.00 3 Estimated Cost 4 Total Collection Cost per trip 5 Project Manager $ 85.00 6 Field Chemist $ 65.00 7 'Other $ 45.00 Total price per container "for flammable liquids, flammable liquid poisons and flammable solids shall represent the actual fixed cost for the proper handling, and disposal of all flammable liquids, flammable liquid poisons and flammable solids; in accordance with all of the requirements within this contract proposal. There shall be no additional surcharges (i.e. % solids, BTU value'.._) added. ' PART 11- Section Description Unit P#ice 8 Flammable Liquids 55 Gallon Drum $ 110.36 9 Flammable Liquids 30 Gallon Drum $ 92.34 10 Flammable Liquids 5 Gallon Pail $ 45.66 11 Poisons Liquids 55 Gallon Drum $ 281.82 12 Poisons Liquids 30 Gallon Drum $ 185.16 13 Poisons Liquids 5 Gallon Pail $ 100.04 14 Flammable Liquid Poisons 55 Gallon Drum $ 285.88 15 Flammable Liquid Poisons 30 Gallon Drum $ 227.51 16 Flammable Liquid Poisons 5 Gallon Pail $ 111.42 17 Flammable Solids 55 Gallon Drum $ 324.91 18 Flammable Solids 30 Gallon Drum $ 209.06 19 Flammable Solids 5 Gallon Pail $ 68.33 20 Hazardous WastesP'Li uid" 55 Gallon Drum $ 177.20 21 Hazardous WastesP'Li uid" 30 Gallon Drum $ 140.98 22 Hazardous WastesP'Li uid" 5 Gallon Pail $ 57.48 23 Hazardous WasteP'Solid" 55 Gallon Drum $ 177.20 24 Hazardous WasteP'Solid" 30 Gallon Drum $ 140.98 25 Hazardous WasteP'Solid" 5 Gallon Pail $ 57.48 26 Corrosives 55 Gallon Drum $ 180.92 27 Corrosives 30 Gallon Drum $ 143.02 28 Corrosives 5 Gallon Pail $ 57.83 i - Section B ` - Description . Unit Prim, 29 Reactives 55 Gallon Drum $ - 30 Reactives 30 Gallon Drum $ 343.91 31 Reactives 5 Gallon Pail $ 78.49 32 Oxidizers 55 Gallon Drum $ 582.71 33 Oxidizers 30 Gallon Drum $ 343.91 34 Oxidizers 5 Gallon Pail $ 78.49 35 Non Regulated 55 Gallon Drum $ 40.69 36 Non Re ulated 30 Gallon Drum $ 35.23 37 Non Re ulated 5 Gallon Pail $ 29.66 38 Mercury Containing Compound 55 Gallon Drum $ 627.14 39 Mercury Containing Compound 30 Gallon Drum $ 342.23 40 Mercury Containing Compound 5 Gallon Pail $ 217.86 41 Recycling Fluorescent Tubes Cost per unit (incls all sizes and supplying the a ro riate storage and shipping containers. ) $ 0.78 42 Other Mercury Containing Devices Switches, Thermometers, Thermostats 43 Other Mercury Containing Devices 55 Gallon Drum $ 516.47 44 Other Mercury Containing Devices 30 Gallon Drum $ 281.84 45 Other Mercury Containing Devices 5 Gallon Pail $ 179.41 46 Mercury 55 Gallon Drum $ 143.47 a Mercury 30 Gallon Drum $ 158.50 48 Mercu 5 Gallon Pail $ 77.79 Packet Page -1967- ITB 14 -6260 Hazardous Materials MOT Contractor 9/23/2014 16.C.2. a z Descri 'tion r' Unit Price Section C. =,.r <' ; Desch tiorisY. 7 " Unit Price >; 49 Polychlorinated Bi p hen Is PCB 55 Gallon Drum $ 214.11 50 Polychlorinated Bi hen Is PCB 30 Gallon Drum $ 192.09 51 Polychlorinated Bi hen Is PCB 5 Gallon Pail $ 136.68 52 Aerosols 55 Gallon Drum $ 194.46 53 Aerosols 30 Gallon Drum $ 120.62 54 Aerosols 5 Gallon Pail $ 38.69 55 Recycling Lead Acid Batteries Cost per unit $ 28.08 56 Rechargeable 55 Gallon Drum $ 730.00 57 Rechargeable 30 Gallon Drum $ 398.17 58 Rechargeable 5 Gallon Pail $ 94.40 59 Dry cell /Alkaline Batteries /Bulk 55 Gallon Drum $ 43.82 60 Dry cell /Alkaline Batteries /Bulk 30 Gallon Drum $ 37.94 61 Dry cell /Alkaline Batteries /Bulk 5 Gallon Pail $ 31.94 62 Nickel- Cadmium Batteries /Bulk 55 Gallon Drum $ 677.86 63 Nickel- Cadmium Batteries /Bulk 30 Gallon Drum $ 369.73 64 Nickel- Cadmium Batteries /Bulk 5 Gallon Pail $ 87.66 65 Button Batteries, Mercury/Bulk 55 Gallon Drum $ - 66 Button Batteries, Mercury/Bulk 30 Gallon Drum $ - 67 Button Batteries, Mercury/Bulk 5 Gallon Pail $ 94.40 68 Lithium Batteries /Bulk 55 Gallon Drum $ 558.24 69 Lithium Batteries /Bulk 30 Gallon Drum $ 304.24 70 Lithium Batteries /Bulk 5 Gallon Pail $ 72.19 71 Gel Cel Lead Acid Batteries /Bulk 55 Gallon Drum $ 176.92 72 Gel Cel Lead Acid Batteries /Bulk 30 Gallon Drum $ 96.49 73 Gel Cel Lead Acid Batteries /Bulk 5 Gallon Pail $ 44.75 74 Nickel Metal Hydride 55 Gallon Drum $ 730.00 75 Nickel Metal Hydride 30 Gallon Drum $ 398.17 76 Nickel Metal Hydride 5 Gallon Pail $ 94.40 77 Cyanides 55 Gallon Drum $ 509.93 78 Cyanides 30 Gallon Drum $ 300.93 79 Cyanides 5 Gallon Pail $ 84.52 "Section D Description Unit Price 80 Isoc anates 55 Gallon Drum $ 543.87 81 Isoc anates 30 Gallon Drum $ 320.99 82 Isoc anates 5 Gallon Pail $ 73.25 83 Dioxins /Bulk Price per pound $ 24.00 84 Antifreeze 55 Gallon Drum $ 37.97 85 Antifreeze 30 Gallon Drum $ 32.88 86 Antifreeze 5 Gallon Pail $ 27.68 87 Propane Gas Cylinders 20 Pound $ 6.67 88 Propane Gas Cylinders 10 Pound $ 4.00 89 Propane Gas Cylinders All other cylinders less than 20 pounds $ 2.00 90 Oxygen Gas Cylinders 20 Pound $ 143.31 91 Ox en Gas Cylinders 10 Pound $ 121.91 92 Oxygen Gas Cylinders All other cylinders less than 20 pounds $ 107.64 93 Acetel ne 20 Pound $ 236.04 94 Acetel ne 10 Pound $ 200.37 95 Acetel ne All other cylinders less than 20 pounds $ 143.31 Section E Description, Unit Price 96 N Monitors Item $ 17.83 97 N Flat Screens Item $ - 98 Desktop Computers Item $ 99 Computer Flat Screen Monitors Item $ - 100 Laptop Com puters Item $ - 101 Copiers/Fax Machines Item $ - 102 Printers Item $ - 103 Peri herals - Phones, Chargers, Keyboards, Mouse, etc 20 Pound $ - 104 30 -40 cubic yard rolloff container Unit $ 1,171.73 Packet Page -1968- ITB 14 -6260 Hazardous Materials MOT Contractor 9/23/2014 16.C.2. Packet Page -1969- Descri'tion . Uni# Price r. The following unit prices shall only apply to those circumstances, which have not been considered within the bid document. I.E. County were to purchase for County use Section F .., . Description, .r:.. Unit Price'~ 105 Forms Manifest Forms $ - 106 Label Labels $ - 107 Containers include lid/gasket/ring/bolt) Drum - 85 Gallon Over -pack New $ 229.17 108 Containers include lid/gasket/ring/bolt) Drum - 55 Gallon 17H, 17E Reconditioned $ 33.33 109 Containers include lid/gasket/ring/bolt) Drum - 55 Gallon 17C New $ 55.56 110 Containers include lid/gasket/ring/bolt) Drum - 55 Gallon 34M Poly New $ 29.17 111 Containers include lid/gasket/ring/bolt) Drum - 55 Gallon Poly Reconditioned $ 37.50 112 Containers include lid/ asket/rin /bolt Drum - 30 Gallon Fiber New $ 37.50 113 Containers include lid/ askeUrin /bolt Drum - 20 Gallon Fiber New $ 27.78 114 Containers include lid/ askethin /bolt Pail - 5 Gallon New $ 8.08 115 Absorbents Vermiculite - 19 lb. Bag $ 23.63 116 Absorbents Oil D - 40 lb. Bag $ 8.68 117 General Supplies Tyvek Suits $ 4.11 118 General Supplies Gloves - Solvex, 1 Pair $ - 119 General Supplies 4 Mil Liners $ 21.76 120 General Supplies DOT Labels $ - 121 General Supplies EPA Labels $ - 122 General Supplies Sample Bottles $ 0.39 123 General Supplies Drum Thief $ 0.96 124 General Supplies Drum Deheader & Decontamination Charge $ - 125 General Supplies Drum Pump Use & Decontamination Charge $ - 126 General Supplies Patay Pump Use & Decontamination $ - 127 General Supplies Sorbant Boom 8" x 10' $ 73.14 128 General Supplies Sorbant Boom 8" x 10' bundle of four $ 292.56 129 General Supplies Sorbant Pads 3/16" x 18 " x 18" $ 0.43 130 General Supplies Vis ueen /Roll $ 91.67 131 Personal Protective Equipment Level D $ - 132 Personal Protective Equipment Level C $ 4.11 133 Personal Protective Equipment Level B $ - 134 Personal Protective Equipment Level A $ - 135 Parts Pricing Gasket 17H 55 Gallon Drum $ - 136 Parts Pricing Nut & Bolt 5/8" for 55 Gallon Drum $ - 137 Parts Pricing Ring 17H 55 Gallon Drum $ - 138 Parts Pricing Cover 17H 55 Gallon Drum $ - 139 Parts Pricing Buns TS 20 2" $ - 140 Parts Pricing TS 10 $ - 141 Analysis: The analysis cost for unknown household hazardous waste shall be considered part of the disposal cost of the waste. The above listed analysis cost shall only apply to business generated wastes. Household hazardous wastes are exempt of any cost associated with any analysis, either in the field or in the lab. ** Analysis Cost for Unknowns (TCLP) 142 Analysis: The analysis cost for unknown household hazardous waste shall be considered part of the disposal cost of the waste. The above listed analysis cost shall only apply to business generated wastes. Household hazardous wastes are exempt of any cost associated with ,any analysis, either in the field or in the lab. ** Analysis Cost for Unknowns (Field) $ 650.00 143 Other Ex enses Emergency Response Mobilization $ 700.00 144 Other Expenses Six 6 Hour Minimum Response Time $ - 145 Other Expenses Cancellation Charge $ - 146 Household Hazardous Waste Collection Center Storage Building Cleaning $ 1,520.00 Packet Page -1969- EXHIBIT C: PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That 9/23/2014 16.C.2. as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under- signed representative, pursuant to authority of its governing body. (911, Packet Page -1970- Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL BY: NAME: ITS: 9/23/2014 16.C.2. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by I as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) GIA0 Page 23 of 27 Packet Page -1971- •• Witnesses STATE OF COUNTY OF 9/23/2014 16.C.2. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 , by , as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Name: (Signature) (Legibly Printed) Notary Public, State of: Commission No.: Page 24 of 27 Packet Page -1972- Cq) EXHIBIT C: PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: as Principal, as Address) are held and Bond No._ Contract No. That and Surety, firmly as Obligee 9/23/2014 16.C.2. located at (Business bound to in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. Page 25 of 27 Packet Page -1973- 9/23/2014 16.C.2. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL NAME: ITS: The foregoing instrument was acknowledged before me this day of 20 by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: SURETY: (Printed Name) (Business Address) Page 26 of 27 Packet Page -1974- 'r-) Witnesses as to Surety Witnesses (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 9/23/2014 16.C.2. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Page 27 of 27 Packet Page -1975- CA O 9/23/2014 16.C.2. Packet Page -1976- 9/23/2014 16.C.2. Packet Page -1977-