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Agenda 02/26/2013 Item #16C12/26/2013 16.C.1. EXECUTIVE SUMMARY Recommendation to award Agreement Number 12 -5972, Lime Sludge Hauling and Disposal, to Prolime Corporation. OBJECTIVE: Provide the proper removal of lime sludge byproducts of the water cleansing process, and dispose of the byproduct in compliance with Florida Department of Environmental Protection - approved disposal methods. CONSIDERATIONS: The Water Department uses a lime softening water treatment process at the South County Regional Water Treatment Plant. A byproduct of this treatment process is lime sludge, which must be appropriately disposed of offsite. The Purchasing Department posted Invitation to Bid #12 -5972, Lime Sludge Hauling and Disposal, on November 15, 2012, sending 120 email notices. Forty -four vendors downloaded packages. On December 18, 2012, the Purchasing Department received two bids. On the day of the bid opening, staff determined that all vendors had technical difficulties uploading all of the required documentation due to a documented Online Bidding Server issue. After consulting with the County Attorney's Office, staff requested the low bidder, Prolime Corporation, submit its Disposal Site Documentation. This submittal was diminutive and did not change the prices submitted, the order of the bidders, or the award recommendation. Pursuant to Purchasing Policy, Section VIE, staff recommends waiving the minor irregularity of acceptance of Disposal Site Documentation, due to a documented technical server issue, and recommends awarding Agreement Number 12 -5972, Lime Sludge Hauling and Disposal, to Prolime Corporation, the lowest responsive bidder. The Water Department will place orders for service using a Collier County purchase order. FISCAL IMPACT: Funding is available in, and is consistent with, the FY13 Operating Budget approved by the Board of County Commissioners on September 20, 2012. The source of funding is the Water -Sewer District Operating Fund (408). The exact fiscal impact will depend on the amount of water produced during the life of the agreement; however, the Water Department estimates an impact of approximately $185,000 per fiscal year. Lime Sludge Hauling Expense Budget Estimate FY13 $185,000 FY14 $185,000 FY15 $185,000 FY16 $185,000 FY17 $185,000 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval -SRT. Packet Page -1518- 2/26/2013 16.C.1. GROWTH MANAGEMENT IMPACT: This action has no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District, award Agreement Number 12 -5972, Lime Sludge Hauling and Disposal, to Prolime Corporation, and authorize the Chair to sign the agreement after review by the County Attorney's Office. Prepared By: Pamela Libby, Water Operations Manager Attachments: • 12 -5972 Bid Tabulation • 12 -5972 Solicitation • Prolime Corporation Bid • 12 -5972 Contract Packet Page -1519- 2/26/2013 16.C.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.1. Item Summary: Recommendation to award Agreement Number 12 -5972, Lime Sludge Hauling and Disposal, to Prolime Corporation. Meeting Date: 2/26/2013 Prepared By Name: Donna Bergeron Title: Administrative Assistant, Senior,Water 1/17/2013 3:45:33 PM Submitted by Title: Director - Water,Water Name: Paul Mattausch 1/17/2013 3:45:34 PM Approved By Name: Pam Libby Title: Manager - Operations- Water /WW,Water Date: 1/18/2013 7:40:43 AM Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 1/18/2013 9:32:37 AM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Date: 1/18/2013 10:52:02 AM Name: Paul Mattausch Title: Director - Water,Water Date: 1/22/2013 11:38:43 AM Name: MarkiewiczJoanne Packet Page -1520- 2/26/2013 16.C.1. Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 1/22/2013 2:57:06 PM Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities F Date: 1/25/2013 3:54:52 PM Name: Susan Jacobs Title: Operations Analyst, Public Utilities Date: 1/30/2013 3:13:10 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 2/1/2013 10:48:14 AM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engine Date: 2/7/2013 4:21:47 PM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 2/14/2013 6:05:30 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/15/2013 4:39:58 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 2/15/2013 5:10:32 PM Name: KlatzkowJeff Title: County Attorney Date: 2/19/2013 10:23:25 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 2/19/2013 4:41:40 PM Packet Page -1521- Date Postec 2/26/2013 16.C.1. Date Opened: 12/18/12 Packages Sent: 120 Packages Downloaded: 44 Bids Received: 2 BID TABULATION 12 -5972 Lime Sludge Hauling and Disposal Prolime Corporation Southern Sanitation Price per Cubic Yard 1 $14.00 $15.50 Vendor's Checklist (Yes /No) Yes Yes Bid Response Form (Yes /No) Yes Yes Local Vendor Preference (Yes /No) Yes Yes Immigration Affadavit (Yes /No) Yes Yes Vendor W9 (Yes /No) Yes Yes Insurance Requirements (Yes /No) Yes No E- Verify (Yes /No) Yes Yes Signed Addendum (Yes /No) Yes Yes Disposal Site Documentation (Yes /No) Yes No Opened by: Nicole Parker Witnessed by: Brenda Reaves Packet Page -1522- 2/26/2013 16.C.1. 7er~ county Adrrkr sbaM Services Division Purchasing INVITATION TO BID Date: November 15, 2012 From: Nicole Parker, Procurement Strategist (239) 252 -4270 (Telephone) (239) 252 -6549 (FAX) nicoleparker @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: #12 -5972 Lime Sludge Hauling and Disposal As requested by the Public Utilities Water 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 E- Procurement website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Randy Lewis, Project Manager Note: All manual ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copy, including all required forms. Patom DeW narri- 3327 Tatniami Trail Easi • Nap!es. Roma 3$112 -4911 - www.coliiergov.nevwmhasmg Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-08152012 Packet Page -1523- 2/26/2013 16.C.1. Invitation to Bid Index PublicNotice ............................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4 Exhibit II: General Bid Instructions ............................................................. ............................... 7 Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................13 Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................16 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................24 Attachment 2: Vendor's Check List ............................................................. .............................25 Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................26 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................28 Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................29 Attachment 6: Vendor Substitute W — 9 ........................................................ .............................30 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................31 Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template_08152012 Packet Page -1524- 2/26/2013 16.C.1. Public Notice Sealed bid responses for Solicitation #12 -5972 Lime Sludge Hauling and Disposal, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 p.m. Collier County local time on December 14, 2012. Solicitation responses received after the stated time and date will not be accepted. Solicitation #12 -5972 Lime Sludge Hauling and Disposal A non mandatory pre -bid conference will be held on November 30, 2012, commencing promptly at 3:00 p.m. and held at South County Reclamation Water Treatment Plant (SCRWTP) 3851 Citygate Drive, Naples, FL 34117. All prospective bidders are encouraged to attend this conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department E- Procurement 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 Interim Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the lobby of the Purchasing Building on November 15, 2012. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-08152012 Packet Page -1525- 2/26/2013 16.C.1. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Water 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 herein. Brief Description of Purchase This solicitation is intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to the hauling and disposal of lime sludge from the South Regional Water Treatment Plant dewatering facility. This would include all labor, material and equipment to perform this work. Scope of Work The work performed under this bid is the hauling and disposal of the lime sludge from the dewatering facility at the County's South Regional Water Treatment Plant. This proposal shall be submitted with the contractor providing a disposal site other than the County landfill. The scope of work also includes the biannual cleaning of the pond or as needed per the direction of the plant manager. Vendor will quote the cost for the pond cleaning to the plant manager. Collier County reserves the right not to accept the quote for the pond cleaning and competitively bid this service (pond cleaning). Removal Conditions The successful bidder will be required to supply a sufficient quantity of trucks and /or trailers, with operators, to facilitate the hauling and disposal of the dewatered sludge estimated in this bid. Removal of sludge will be performed when called upon by the Plant to do so, based on flow. This will require the successful bidder to be on call twenty -four (24) hours per day, seven (7) days per week. Amount The estimated amount of dewatered sludge will vary, dictated by the flow demands of the water treatment plant. The County will advise the contractor of anticipated flows as far in advance as possible. The estimated amount of dewatered sludge to be removed is an estimated total of 13,000 Cubic Yards. Damage/Violations The contractor will be responsible for any damage in the hauling of material, including but not limited to, spillage of lime sludge in the removal process, transportation, and dumping. Any damage caused by the contractor in the performance of the contract to the haul roads, ramps, berm areas of any other damage caused is the responsibility of the contractor. Any traffic violations including overweight violations will be the responsibility of the contractor. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-08152012 Packet Page -1526- 2/26/2013 16.C.1. Equipment, Personnel and Experience All trucks, tractor trailers and any other equipment the contractor considers necessary in the performance of this bid shall be maintained in a good and safe operating condition throughout the duration of this contract. The truck bodies or trailers utilized in the transport of the sludge shall be leak proof to avoid any leakage in the transportation. Competent operators shall be provided for the operation of this equipment. Disposal Site The contractor will provide the disposal site and provide all the necessary permits required, meeting all the federal, state, regional, and local laws and regulations. in addition, a copy of the agreement or lease between the land owner and the contractor where the sludge is being disposed of shall be provided to the County. Documentation shall be attached to the bid proposal. Amount Removed As vehicles leave the plant for transportation to the disposal site, the sludge in the trucks will be measured by a designated County employee (pricing per cubic yard). A log book or recording form will be used to record the amount of sludge being removed. This record will be the means used to determine the amount of sludge removed, and will be the basis for payment of the work performed in hauling of sludge from the dewatering facility. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids /projects. • Cubic Yard 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: Lowest cost per cubic yard. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. • The contract will be in the form of a standard short form contract. Term of Contract The contract term, if an award(s) is /are made is intended to be for two (2) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-08152012 Packet Page -1527- 2/26/2013 16.C.1. 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 November 15, 2012 Last Date for Receipt of Written Questions December 7, 2012, 3:00 pm, Naples Local Time Non - mandatory pre - solicitation meeting November 30, 2012, 3:00 pm, Naples Local Time and Locations Solicitation Deadline Date and Time December 14, 2012, 3:00 pm, Naples Local Time Vendor Required Documents • Attachment 1: Vendor's Non Response Statement • 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 • E- Verify Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 6 ITB Template-08152012 Packet Page -1528- Exhibit II: General Bid Instructions 1. Purpose /Objective 2/26/2013 16.C.1. 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 1, 2, 3, 4, and 5 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. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template_08152012 Packet Page -1529- 2/26/2013 16.C.1. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and /or clarify the requirements of the bid specifications where it deems necessary. Any such addendum /clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications 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 E- Procurement website: www.colliergov.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 e- procurement website: www.colliergov.net /bid. All paper bids shall be submitted to the County Purchasing 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 on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-08152012 Packet Page -1530- 2/26/2013 16.C.1. 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 E- Procurement website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 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 Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing 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 87 -25, and Collier County Resolution Number 2008 -181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a "local business" under this section. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template_08152012 Packet Page -1531- 2/26/2013 16.C.1. When a qualified and responsive non -local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non -local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote 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 any of the competing vendors 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 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 Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 10 ITB Template-08152012 Packet Page -1532- 2/26/2013 16.C.1. 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/Vendor does not comply with providina both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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 (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.ora /search.html). A copy of the document shall 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. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 11 ITB Template_08152012 Packet Page -1533- 2/26/2013 16.C.1. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. 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 Purchasing 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 Purchasing Director. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 12 ITB Template-08152012 Packet Page -1534- 2/26/2013 16.C.1. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14) days of issuance, b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and /or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and /or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and /or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and /or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and /or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non - conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 13 ITB Template_08152012 Packet Page -1535- VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 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. 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. 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. 9. 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 2/26/2013 16.C.1. VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, 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 Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 14 ITB Template-08152012 Packet Page -1536- the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and 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 2/26/2013 16.C.1. conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure may" 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. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 15 ITB Template-08152012 Packet Page -1537- 2/26/2013 16.C.1. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, are permitted the use of subcontractors. All actions and equipment of subcontractors are the responsibility of the successful Bidder. 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. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 16 ITB Template_08152012 Packet Page -1538- 2/26/2013 16.C.1. 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. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non - responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252 -2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Vendor. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 17 ITB Template_08152012 Packet Page -1539- 2/26/2013 16.C.1. 12. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 13. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or, emailed to: bccapcierk(a--)colliercierk.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 shall 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 shall 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 must 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 Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 18 ITB Template-08152012 Packet Page -1540- 2/26/2013 16.C.1. is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Purchase Orders: The Consultant/Contractor /Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation #12 -5972 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 19 ITB Template_08152012 Packet Page -1541- 2/26/2013 16.C.1. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. 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.coiliergov.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. 16. Security and Background Checks Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 20 ITB Template_08152012 Packet Page -1542- 2/26/2013 16.C.1. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 17. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and /or Purchasing Departments and are available on -line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 18. 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. 19. 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 20. Grant Compliance Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 21 ITB Template_08152012 Packet Page -1543- 2/26/2013 16.C.1. 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. 21. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. 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. 22. Storage Tank Installation and Closure Requirements An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239- 252 -2502) via contract GC -690 with the Florida Department of Environmental Protection (FDEP) is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'County' local program 30 days prior to installation and again 48 hours prior to commencement of the installation. Closure activities require a 10 day notification and then a 48 hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation / closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the Vendor / Project Manager. Specifics on applicability, exemptions and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 23.62- 761.300 Applicability 1) General Requirements: a) Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 110 gallons that contain or contained: i) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984 ii) Pollutants or hazardous substances after December 10, 1990; or iii) Regulated substances in unmaintained storage tank systems. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 22 ITB Template_08152012 Packet Page -1544- 2/26/2013 16.C.1. b) This rule is applicable to non - residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only -not required by this Chapter). AM 24.62-762.301, F.A.C. Applicability 1) General Requirements: a) Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17- 61, F.A. C., after May 21, 1984 (1) Vehicular fuel, subject to Chapter 17 -61, F.A.C., after May 21, 1984; (2) Pollutants after March 12, 1991; or (3) Pollutants in unmaintained storage tank systems. b) Aboveground compression vessels and hazardous substance storage tank systems: Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62- 762.401(1) -(2), F.A.C. c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62- 762.891, F.A.C. 25. Definitions 62- 761.200(11) and 62- 762.201(16), F.A.C.: "County" means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems. 62- 761.200(48) and 62- 762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in Section 377.19(l 1), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas. 62- 761.200(51) and 62- 762.201(65), F.A.C.: "Product" as defined in Section 377.19(l 1), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not. 62- 761(73) and 62- 762(84), F.A.C.: "Vehicular fuel" means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 23 ITB Template_08152012 Packet Page -1545- 2/26/2013 16.C.1. 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: #12 -5972 Lime Sludge Hauling and Disposal ❑ 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: Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 24 ITB Template_08152012 Packet Page -1546- 2/26/2013 16.C.1. COT County Adftfisrdve SeMms Wsion 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 cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: #12 -5972 Lime Sludge Hauling and Disposal • Opening Date: December 14, 2012 at 3:00 pm. 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 Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 25 ITB Template_08152012 Packet Page -1547- 2/26/2013 16.C.1. Cof Mr County Admlniwam serum [kaision Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 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 FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days ® Bid Response Form is electronic. Please input your prices online (per cubic yard). 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 Purchasing Director for approval within fifteen (15) days after being notified of an award. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 26 ITB Template-08152012 Packet Page -1548- 2/26/2013 16.C.1. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2012 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 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 Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 27 ITB Template_08152012 Packet Page -1549- 2/26/2013 16.C.1. Corer Call.: y Adrr w&ahW Services L'Jmsian Purchasing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: #12 -5972 Lime Sludge Hauling and Disposal (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; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. 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 , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 28 ITB Template-08152012 Packet Page -1550- Goer Co>r xty Admrdstra" sen+iaes Dig om Purchasing Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 2/26/2013 16.C.1. This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name 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. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-08152012 Packet Page -1551- 29 2/26/2013 16. C .1. Collier County Adrrinisftstm services DMsion aurd= 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 (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX Order Information Address City State FAX Email Zip 2. Company Status (check only one) City Zip Email Remit / Payment Information Address City State FAX Email Zip _Individual /Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entity, C = Corporation, P = Partnership 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-08152012 Packet Page -1552- 30 2/26/2013 16.C.1. Calrwr C 10MY Admint albive Swxes Diuision 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 $1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /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 • $2,000,000 per claim and in the aggregate Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template_08152012 Packet Page -1553- 31 2/26/2013 16.C.1. ❑ 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 bome 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 Date Telephone Number Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 32 ITB Template-08152012 Packet Page -1554- 2/26/2013 16.C.1. sorer County Admimsilalm Services Division 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 cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: #12 -5972 Lime Sludge Hauling and Disposal • Opening Date: December 14, 2012 at 3:00 pm. 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. Solicitation: #12 -5972 Lime Sludge Hauling and Disposal ITB Template-081 52012 Compat+ry Signature 1-2/1) Date Packet Page -1555- 1z cri Cat.) 25 2/26/2013 16.C.1. Ca en County AdmiNWaMSeMomMAsion Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 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 FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; NetLODays ® Bid Response Form is electronic. Please input your prices online (per cubic yard). #14-06 toACL 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 Purchasing Director for approval within fifteen (15) days after being notified of an award. Solicitation: #12 -5972 time Sludge Hauling and Disposal 26 ITS Template 08152012 Packet Page -1556- 2/26/2013 16.C.1. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this J 7T4 day of D9CSMP.�'�L , 2012 in the County of MAGoMg , in the State of MY Firm's Complete Legal Name PFO -.I M e C©t2p ©Qq� -gyp rJ Address S$(olO VAM City, State, zip w�SNtNGiYjti}, M! 4-go-R4 Florida Certificate of Authority FP 405774-- Document Number Federal Tax Identification 3 5- 29 09 554 Number Telephone Number (Se LP) 7 `$ t --7 ©-7 FAX Number t - 78 Signature / Title l Type Name of Signature ROt3gg:i2T V. Date 121171201 z. Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name SAM Ir Address City, State, Zip Contact Name Telephone Number FAX Number Email Address Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 27 ITB Template_08152012 Packet Page -1557- 2/26/2013 16.C.1. C63 comity Acirrmsh&& Services Division Purchasing Attachment 4; Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 012 -5972 Lime Sludge Hauling and Disposal (Check Appropriate Boxes Below) State of Forida (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; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or tee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. Vendor must complete the following information: Year Business Established in [+Collier County or ❑ Lee County: ZDOD 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: �2r.� -1 rvt "2Prtl`� Date: Z 12 Address in Collier or le 44�ST12� 1 N, N � ��� ��- �41 20 Signature: Title: STATE OF f eRtDA ❑ COLLIER COUNTY ❑ LEE COUNTY �,�� Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 1 9-T44 Day Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) Solicitation: #12 -5972 Lime Sludge Hauling and Disposal 28 ITB Template 08152012 Packet Page -1558- COLLIER COUNTY BUSINESS TAX BUSINES 2/26/2013 16.C.1. COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34._ VISIT OUR INEBSITEAT. www.coQierL- corn THIS RECEIPT EXPIRES SEPTEMBE R 30, 2013 LOCATION: 4825 44TH ST NE DISPLAY AT PLACE OPBUSINESS FOR PUBLIC INSPECTION . FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ZONED: HOME OCCUPATION � - °I -EGAL FORM .,� ' _ THIS TAX IS NON-REFUNDABLE - BUSINESS PHONE: 586 - 781-7070 CORPORATION PROLIME CORPORATION ROGERS,'ROBERT 58610 VAN DYKE - - WASHINGTON M148094 -0000 ! NUMBER OF EMPLOYEES: 1 -5 EMPLOYEES ` CLASSIFICATION: HAULING SERVICE DATE: 101162012 ' CLASSIFICATION CODE 03706901 AMOUNT 2420 This document is a business tax only. This is not certification that licensee is qualified. RECEIPT 6956.42 It does not permit the licensee to violate any existing regulatory zoning laws of the state, county or cities } nor does it exempt the licensee from any other taxes or permits that may he required by law: COLLIER COUNTY. BUSINESS TAX BUSINESS TAX NUMBER: 080557 ) COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104-- (239) 252 2477 VISIT OUR VOTE AT www.colfiertax com THIS RECEIPT EXPIRES SEPTEMBER 30, 2013 OtSPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION LOCATION: 4825 44TH ST NE " "FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. ` >a ZONED: HOME OCCUPATION LEGAL FORM '; ` CORPORATION, THIS TAXIS NON- REFUNDABLE - BUSINESS PHONE: 568- 781-7070 i PROD E CORPORATION ' I ROGERS;ROBERT.. ` 58610 VAN DYKE WASHINGTON MI 48094 -OWD 1 CLASSIFICATION: DEALER OFTANGiBLEPERSONAL PROPERTY "` , DATE 10/162012 CLASSIFICATION CODE: 04200D01 AMOUNT 33.00 This document is a business tax only. This is not certification that licensee is quarified. RECEIPT 6957.42 It does not permit the licensee to violate any existing regulatory zoning taws of the state, county or cities not does it exempt the ficensee from any other taxes or permits that may be required by law. Packet Page -1559- i Lee County Tax Collector 2/26/2013 16.C.1. Tax CO for 2480 Thompson Street e Fort Myers, Florida 33901 1%4 Of rVel"t www.feetc.com Tel: (239) 533 -6000 7 Local Business Tax Account: 0611156 Dear Business Owner. Your 2012 -2013 Lee County Local Business Tax Receipt is attached below. The receipt is non- regulatory and is issued using the information currently on file with our office. It does not signify compliance with zoning, health or other regulatory requirements nor is it an endorsement of work quality. Annual account renewal notices are mailed in August to the address of record at that time; to ensure delivery of your annual notice, mailing addresses may be updated online at www.leetc.com. If there is a change in the business name, ownership, physical location or If the business is being closed, please follow the instructions on the back of this letter to transfer or to close the account. I hope you have a successful year. . T4— Lee County Tax Collector Detach and display bottom porbort and keep upper portion for your records LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2012 -2013 Tax Co t1Dr ACCOUNT NUMBER: 0611156 ACCOUNT EXPIRES SEPTEMBER 30, 2013 of fl°e � intho rutainezca nf- Location 4825 44Th ST NE NAPLES FL 34120 PROLIME CORP PROLIME CORP sss10 vANDYKE WASHINGTON NN 48084 I DELIVERY I MAULING SERVICE M THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Packet Page -1560- THIS IS NOT A BILL - DO NOT PAY PAID 019505 -229 -1 10/0112012 01:31 DP500 $50.00 2/26/2013 16.C.1. U :c 0 4 13 r4 �1 010 '-I W .) 4-t N 14N M "i (d V) Ww rO C14 a) lu ~w.� P* WO z 4a �, H° OD artaar-i 0 4J er+ 4•� , Q a o N L a w ° x4& v WON cc U 4., W o N CL 0 z a li w-4 v a 0 u-02 cam, 4-) -A 0144 W 4.) $44J r-I (yt 3 IQ Uft 44 �s 4�-► ° o .ri m '� rj 11, LO to E N �✓ N o � .H O U Hi4 r�-1 -ri 2/26/2013 16.C.1. 0--m- 58610 Van Dyke Washington, Michigan 48094 586 - 781 -7070 586- 781 -7079 (Fax) email(@pi-olime.net December 14, 2012 Collier County Purchasing Department 3327 Tamiami Trail E. Naples, FL 34112 Re: Solicitation # 12 -5972 Lime Sludge Hauling and Disposal Disposal Site and Equipment To Whom It May Concern: With reference to the Solicitation mentioned above, Prolime Corporation is pleased to provide this proposal prepared in accordance with your specifications. Prolime Corporation owns various sites including properties located on 56th Avenue N.E., Naples, Florida and will be utilizing these locations as approved sites for the Disposal /Reuse of lime sludge from the dewatering facility at the South Regional Water Treatment Plant. Prolime will provide all the necessary truck tractors and semi - trailers with watertight boxes, sealed tailgates and safety winders which will prevent spills or leaks from occurring. If you need additional information please feel free to contact our office. Sincer Robert V. Rogers C.E.O. Packet Page -1562- 2/26/2013 16.C.1. PROLIME CORPORATION DRUG FREE WORKPLACE AFFIDAVIT In accordance with Florida Statute 298.087 Prolime Corporation hereby certifies that we: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be 'taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection M. 4. In the statement specified in subsection (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United Stats or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section 7. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. , 2,4 412 -Q t 2- v Robert v. Ro ers, C.E.O Date Prolime Corporation Packet Page - 1563 - Growth Management Division Land Development Services June 20, 2012 Bob Rogers Prolime Services 58610 Van Dyke Washington; MI 48094 RE: Renewal and Inspection Fees Excavation Permit No. 59.605 -1 / AR -3225 / PL20110002677 "Capital Homes Excavation, Tracts 109, 110, AKA Captiva Pond" Excavation Permit No. 59.702 -1 / AR -3224 / PL20110002678 "56th Ave. N.E. Excavation, Tracts 112, 113, 114, 115, AKA Captiva Pond" Excavation Permit No. 60.044 / AR -13760 / PL20110002186 "54th Ave. N.E. Excavation, Tract 107, AKA Captiva Pond" Dear Mr. Rogers: We have received the annual report and fees for the above referenced projects, see attached Official Receipt, bringing this project into compliance in accordance with county ordinance number 04 -55 Article IV, as amended, section 22 -114 (e), (f), and (g). The next status report and the renewal and inspections fees will be due on August 17, 2013 unless the referenced projectist has final approval prior to that date. If you have determined that the above referenced project has been completed, please provide this office with the required documentation within 10 working days of receiving this letter so we can provide you with a final approval letter. if we can be of any further assistance contact our office at (239) 252 -2995. Sincerely, 2�4� Craig Callis Engineering Services Department cc: Excavation Reading file Engineering, Environmental, Comprehensive Planning & Zoning Services, 2800 North Horseshoe Drive, Naples, FL 34904 Packet Page -1564- 2/26/2013 16.C.1. COLLIER COUNTY GOVERNMENT COMMUNITY DE1VWPN PENT AND ENVIRONMENTAL SERVICES DIVISION - Engineering and Environmental Services 2800 North Horseshoe Drive • Naples, Florida 34104 December 5, 2008 Josh Fruth, Project Manager Davidson Engineering . 3530 Kraft Road, Suite 300 Naples, Florida 34105 RE: After -The -Fact Development Excavation Permit No. 60.044 / AR -13760 "56th Ave. N.E. and 54th Ave. N.E..Tract 107 Excavation- Section 4, Township 48 South; Range 28 East Collier County, Florida Dear Mr. Fruth: THIS IS YOUR. PERMIT AND MUST BE POSTED ON SITE In accordance with the authority given in County Ordinance No. 04-55, Section 2.E., Article IV, Sections 22- 106 -22 -119, as amended, your application fora "Development' Excavation is hereby approved subject to the following stipulations: 1, The excavation shall be limited to a bottom elevation of 0.9 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of 11.5 ft. NGVD. 2. No excavated material shall be removed from the project site. 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record and in accordance with County Ordinance 91 -102 Section 3.05 -10 as amended. 4. All provisions of Collier County Ordinance No. - 04 -55, Section 2.E. shall be adhered to. 5. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to the Engineering Services Department for approval prior to the commencement of any dewaterng activity on the site. 6. No blasting will be permitted. 7. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required b Land Development Code, Division 3.05 as amended www cotliergov.net Phone (239) 252.5866 Packet Page -1565- i 2/26/2013 16.0.1. _.Development E.�ccavation Paget. 8. shall be obtained from Collier County Environmental Services Department before work shall commence. A twenty (20) foot maintenance easement shall be provided around the perimeter of -the lake and a twenty (20) foot access easement to it shall be provided from a right -of -way. The easement shall be accessible to all maintenance vehicles. 9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area 10. Any stockpile In place for a. period exceeding sixty (60) days shall be seeded and mulched and erosion control devices installed. Since we are in receipt -of the excavation performance guarantee in the amount of $100,000.00 and the permit 1 review fee in the amount of $551.00`1his letter is your authorization to proceed with the excavation project in accordance with your plans and the above- mentioned stipulations. This permit is valid for (1) year and must be renewed on the anniversary date of permit issuance. The Plan of Record for -this excavation is titled "Captiva .Pond" Sheets 1. and 2 of 2 prepared by Davidson Engineering, Inc., signed and sealed October 30, 2008.- Should you have any further questions regarding this matter, please feel free to contact us at (239) 252 - 5866. Sincerely, _ William A. ;Spencer Site Plans Reviewer c: EX 60.044 -AR -13760 file Rudy Moss, Engineering Inspections Supervisor Engineering Department Reading File Packet Page -1566- .t W: 71,, . 2/26/2013 16.C.1. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Notice of Environmental Resource Or Surface Water Management Permit Document Prepared 4263253 OR: 4428 PG; 4118 South Florida Water Management District Return Recorded Document To: �'1 RECORDED Sri OFFICIAL RECORDS of COLLIER COUNTY, FL 02/19/2009 at 02:06PK DWIGHT E. BROCK, CLERK Environmental Resource Regulation RIC FEE 27.00 South Florida Water Management District Retri: SOUTH FLORIDA WATER MGM? 3301 Gun Club Road PO BOX 26480 MSC 4240 BV West Palm Beach, FL 33406 W PALM BCH FL 33416 4680 RE: Permit No.: 11- 02928 -P Project Name: Captive Pond Parcel1D: 39030560002 / 390306000011 39030680005 / 39030640003 /39030720004 /39030920008. 39030800005 / 39030880009 / 39030760006 / 39030840007 / 39030360008 / 39030280007 /39030320006/3903040000071 39030480001/ 39030440009 /39030520000/39027480001 County: Collier Notice The SFWMD hereby gives notice that Environmental Resource or Surface Water Management Permit No_ 11- 02928 -P has been issued to authorize the construction or modification of a surface water management system to serve the real - property described on Exhibit "A" attached hereto and made a part hereof ("Premises "). This property is subject to the requirements and restrictions set forth in Chapter 373, Florida Statute and Rule 40E, Florida Administrative Code. Within thirty (30) days of any transfer of interest or control of that portion of the premises containing the surface water management system (or any portion thereof), the permittee must notify the SFWMD in writing of the property transfer. Notification of the transfer does not by itself constitute a permit transfer. Therefore, purchasers of that portion of the premises containing the surface water management system (or any portion thereof) are notified that it is unlawful for any person to construct, alter, operate, maintain, remove or abandon any stormwater management system, dam, impoundment, reservoir, appurtenant work or works, or any combination thereof, including dredging or filing, without first having obtained an environmental resource permit from the SFWMD in the purchaser's name. Within thirty (30) days of the completion of construction of the surface water management system, a signed and sealed construction completion certification must be submitted to SFMMD pursuant to the requirements of Rule 40E- 4.361, Florida Administrative Code. This notice is applicable to property containing the structural surface water management facilities. For purposes of this notice only, the structural surface water management facilities are limited to lakes, canals, swales, ditches, berms, dry detention areas, water control structures, pumps, culverts, inlets, roads, and wetlands mitigation areas, buffers and upland compensation areas. Conditions The Permit is subject to the General Conditions set forth in Rule 40E- 4.381, Florida Administrative Code. The Permit also contains additional Special Conditions. Accordingly, interested parties should closely examine the entire Permit, all associated applications, and any subsequent modifications. Conflict Between Notice And Permit This Notice of Permit is not a complete summary of the Permit. Provisions in the Notice of Permit shall not be used in interpreting the Permit provisions. In the event of conflict between this Notice of Permit and the Permit, the permit shall control. FORM 1189 Page t of 2 Packet Page -1567- 2/26/2013 16.C.1. OR: 4428 PG ; 4119 This Notice is Not an Encumbrance This Notice is for informational purposes only. it is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the South Florida Water Management District. This Notice of Permit is executed on the 28 day of January, 2009. South Florida -Florida Water Management District , Deputy rk { South Florida Water Management District contact: Director of Environmental Resource Compliance (ERG), Environmental Resource Regulation Department. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 28 day of January, 2009 by Elizabeth Veguilta as Deputy Clerk of the South Florida Water Management District a public corporation, on behalf of the public corporation. He/she is personally known to me or has produced as identification. FORM 1189 alt flj�� / 10A G 0 L A �:��,��.•M1SSt0�y'S'�. R; %��' ;O Notary Public (seat) gtt�4er9fo� • as ?0 9� • N m 0 s = * Beth A. Cotavecchio ; �. • ; * Print r� ; tDQ 885866 � z' !rte 99'•:.�ytYm';� �.� .tUy Commission Expires: Nov 9. 2012 STAIS Packet Page -1568- Page 2 of 2 2/26/2013 16.C.1. A G R E E M E N T 12-5972 for Lime Sludge Hauling and Disposal THIS AGREEMENT, made and entered into on this day of 2013, by and between Prolime Corporation, authorized to do business in the State of Florida, whose business address is 58610 Van Dyke, Washington MI. 48094, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Purchase Order. The contract shall be for an initial two (2) 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 two (2) additional one (1) year periods, for a total contract length not to exceed four (4) years. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Lime Sludge Hauling in accordance with the terms and conditions of Bid #12 -5972 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 Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price of Fourteen Dollars ($14.00) per cubic yard, based on the unit price set forth in the Contractor's proposal, together with the cost of any other charges/ fees submitted in the proposal for other work. Payment will be made upon receipt of a proper invoice and upon approval by the Plant Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 3.1 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 Page 1 of 8 Packet Page -1569- 2/26/2013 16.C.1. 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. Any County agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. 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. 5. 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: Prolime Corporation 58610 Van Dyke Washington, MI. 48094 Attention: Robert V. Rogers, President Telephone: 586 - 781 -7070 Facsimile: 586 - 781 -7078 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: Purchasing & General Services Director Telephone: 239 - 252 -8975 Facsimile: 239 - 252 -6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. 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. 7. 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. 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 Page 2 of 8 Packet Page -1570- 2/26/2013 16.C.1. 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. 8. 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. 9. 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 _4"1`"11 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. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. Page 3 of 8 Packet Page -1571- 2/26/2013 16.C.1. 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 Insurance: Coverage shall have a minimum of $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. 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. 12. 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. 12.1 The duty to defend under this Article 12 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 Page 4 of 8 Packet Page -1572- 2/26/2013 16.C.1. claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this 1100#1 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Water Department. 14. 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. 15. 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: Contractor's Proposal, Insurance Certificate, Bid #12 -5972 Specifications/ Scope of Services and Addendum/ Addenda. 16. 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. 17. 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, 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. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. Page 5 of 8 Packet Page -1573- 2/26/2013 16.C.1. 19. 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. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Purchasing Policy. 22. 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. 23. 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. 24. KEY PERSONNEWROTECT 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 ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. Page 6 of 8 Packet Page -1574- 2/26/2013 16.C.1. 26. 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. Page 7 of 8 Packet Page -1575- 2/26/2013 16. C .1. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) First Witness TType/ print witness nameT Second Witness TType/ print witness nameT Approved as to form and legal sufficiency: Assistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman PROLIME CORPORATION Contractor Signature Type/ print signature and title Page 8 of 8 Packet Page -1576-