Loading...
Backup Documents 07/12/2016 Item #16C3 16 c 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN i . C F HEE) THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S 14. Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to tll f koutt&Aiipf{ry Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Count31Uttorie9Ot14iRm later than Monday preceding the Board meeting. **NEW** ROUTING SLIP QRtGk� Mann em nt Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alts NI( comp e with the exception of the Chairman's signature.draw a line through routing lines#I through#2,complete the checklist,and forward to the Count%Attorney Office. Routed by Procurement Services to the Office Initials Dte Following Addressee(s) (In routing order) 1. Risk Management Risk ` K(�� r 2. County Attorney Office County Attorney Office *AS 3. BCC Office Board of County 1)0b Commissioners \T �' 4. Minutes and Records • Clerk of Court's Office 712411p itzePik 5. Return to Procurement Services Procurement Services Division Contact: Camille S-M PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Camille Shim-Marinos for Swain Hall Phone Number 239-252-8998 Procurement Staff 7/15/2016 Contact and Date Agenda Date Item was 7/12/2016 ✓ Agenda Item Number 16.C.3 t/' Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 16-6543 Grease number if document is Number/Company Hauling to be recorded Name Nclifl Ell at vrl(WV INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? EJSM o t d 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A • document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CJSM signature and initials are required. 7. In most cases(some contracts are an exception),the original document.and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made CJSM during the meeting have been incorporated in the attached document. The County t74e4414r1 Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the � ' BCC,all changes directed by the BCC have been made,and the document is ready for the ,� Chairman's signature. r I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03:04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 MEMORANDUM Date: July 21, 2016 To: Camille Shim-Marinos Procurement Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Contract #16-6543 "Grease Hauling" Contractor: Marlin Environmental, Inc. Attached is an original of the document referenced above, (Item #16E3) approved by the Board of County Commissioners on Tuesday, July 12, 2016. The second original has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment Mar 116 CnmILA M1 )41 I CHECKLIST FOR REVIEWING INSURANCE& SIGNATURE AUTHORITY 1 6C i__„.. , Vendor Name: r''�� 4. ,, �.2,, 0421Contract# 16 -6 4 A.Sunbiz , 1. Is the vendor registered in the state of Florida through Sunbiz? Yes Er No ❑ If not,does the vendor have a D/B/A? Yes FY No ❑ 2. Is the vendor name correct? Yes Er No ❑ 3. Is the signee listed as a registered officer? Yes a No El If not, has a registered officer provided a Corporate Signature of Authority Letter or a Corporate Ress ljtion authorizing the signee? Yes ❑ No El 1" 4. Is the account active? Yes ®' No ❑ B.Overview 1. Company name correct on certificate?Or d/b/a Yes p ' No 2. Company's address correct? Yes ® No ❑ 3. Insured registered in Florida? Yes No El 4. Contract#&/or Project referenced on Certificate? Yes ❑ No ❑ (If not,you may write it in inside the Description box) 5. Collier County named as an additional insured? Yes of No ❑ 6. Are the Additional Insured boxes checked off or contain a(Y)? Yes g No ❑ 7. Certificate Holder's name correct? Yes JJ' No ❑ (Can be Collier County Board of County Commissioners, Board of County Commissioners in Collier County, Collier County Government or Collier County.) Must state Contract #/Project#/specific project description or read: For any and all work performed on behalf of Collier County. 8. Certificate Holder's address correct? Yes Qf No ❑ (Can be 3327 or 3301 or 3329 Tamiami Trail East,Naples,FL 34112) C.Commercial General Liability 1. General Aggregate Required )-m, 1 Provided �fnI I Exp.Date 2. Products/Compl/Op Required Provided Exp.Date 3. Personal&Advert Required Provided Exp.Date 4. Each Occurrence Required 1 m, 1 Provided rrkl Exp.Date D.Automobile Liability kJ 1. Bodily Injury&Prop. Required 1 MI ! Provided Ithtl Exp Date E.Workers Compensation and Employer's Liability 1. Is the vendor a sole proprietor? Yes ❑ No ❑ (If yes,skip to#5) 2. Is there a separate certificate for Workers Comp? Yes El No ❑ 3. If not,does the vendor have less than 4 employees? Yes ❑ No ❑ 4. If the vendor has less than 4 employees,has a waiver,been obtained from the state?Yes ❑ No ii 5. Each accident Required I 1111 1 Provided i MI` Exp Date 6. Disease Aggregate Required Provided Exp Date 7. Disease Each Employee Required Provided Exp Date 8. Is the Worker's Compensation Statutory Limits box checked off? Yes ❑ No ❑ F.Umbrella Liability 1. Each Occurrence Required Provided Srn l` Exp Date 2. Aggregate Required Provided 3 my\ Exp Date 3. Does Umbrella sufficiently cover any underinsured portion? Yes El No ❑ G.Professional Liability 1. Each Occurrence Required Provided Exp. Date 2. Per Aggrega • Required Provided Exp.Date H.Other Insurance old +'c 1. Each Occu '.e: Required 1011 I Provided \M►\ Exp Date I. Performance Bond 1. Bond requirement referenced in contract? Yes ❑ No ri If attached,expiration date of bond Does dollar amount match contract? Yes ❑ No El Reviewer Initials: C''Sllk\ Date: V I'5 1 1 6 16C3 AGREEMENT 16-6543 for Grease Hauling THIS AGREEMENT is made and entered into this ;l, day of i , 2016, by and between the Board of County Commissioners for Collier County, Florida, a politi al subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Marlin Environmental, Inc. d/b/a/ A-1 Gator Septic, the Primary Contractor, authorized to do business in the State of Florida, whose business address is 7990 Mainline Parkway, Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. TERM AND COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing on Date of Board award, and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon issuance of a Purchase Order. This Agreement shall have three (3) additional, one (1) year renewals, renewable annually. The county Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Grease Hauling Services for the Public Utilities Wastewater Division in accordance with the terms and conditions of ITB #16-6543 and Exhibit A, Scope of Work, hereby attached and incorporated by reference and made an integral part of this Agreement. 2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Any County Agency may utilize the services offered under this Agreement, provided sufficient funds are included in the budget(s). 2.3 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project Manager or designee, in compliance with the Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 2.4 In the event the Primary Contractor is not available to provide said services, the Secondary Contractor will be contacted. 0°113 Page -1- Agreement#16-6543"Grease Hauling" 16C3 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement at the unit price of$948.00 per load and in accordance with Section 3.1. 3.1 Price Methodology: Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Marlin Environmental, Inc. d/b/a/ A-1 Gator Septic 7990 Mainline Parkway Fort Myers, Florida 33912 Phone: 800-696-0761; Fax: 239-267-5752 Attn: Carl R. Bailin All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Procurement Services Division 3327 East Tamiami Trail Naples, Florida 34112 Attention: Director, Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all Page -2- ez.) Agreement#16-6543"Grease Hauling" permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to perform the Work in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. With respect to a particular Project, termination shall be governed by the terms of the Purchase Order. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, s x, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. 06J Page -3- Agreement#16-6543"Grease Hauling" 1 6 C D. Pollution: Coverage must include a minimum limit of$1,000,000 for occurrence. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that Contractor is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other Agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) Page -4- Agreement#16-6543"Grease Hauling" 1 6 C 3 unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit a quote of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in accordance with the Procurement Ordinance, as amended, and Procurement Procedures. 16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law: 1. Keep and maintain public records required by the public agency to perform the service. 0-)Q Page -5- Agreement#16-6543"Grease Hauling" 1 A 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly nntify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Invitation to Bid, the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Page -6- Agreement#16-6543"Grease Hauling" „ ,,„„0 Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If. within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a Manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction Page -7- Agreement#16-6543"Grease Haulin• or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. _ If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Wastewater Division. 26. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #16-6543 any addenda, and subsequent quote(s), made or issued pursuant to this Agreement. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. in-mediate termination of any Agreement held by the individual and/or firm for cause. 28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page -8- Agreement#16-6543"Grease Hauling" 1 6 C 3 31. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 33. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 34. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS(ccolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a dcduction of $500 per incident. 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to Page -9- r`ok) Agreement#16-6543"Grease Hauling" rt 7 y ) County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 36. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. ********************************* Remainder of page intentionally left blank ******************************** (2) Page -10- Agreement#16-6543"Grease Hauling" 16C $ IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brack, Cter of Courts By: U/411140 ByN1M)45r1"-- _ Donna Fiala, Chairman Dated: (Seal) „ Attest as to Chairman's "riniture only. Marlin Environmental, Inc. dib/a/ A-1 Gator Septic Primary pn)Iactfl (--- X-(2- ---2 ./)---c--.6-2."..-13 By: ) First Witness -ignature / ' , -1—rea-f7CeS P)--61, (a_lz , ga, ‘/1----- Type/' int Witness Name Typed Signature Second Witnes Title Xj((.. L...."...e ( Type/Print Witness Name \ App 0 e• ,:s • r .r , d Legality: IL 1 .1 ,msistaRt County Attorney bei"5/7 I ite t&C3 m# Agenda ....14...ei . 1 Date -1" ( l , Date n Rec'd 1- ll I(c) Deputy Cie 132 -11.11)lat ' 11 ,,..) t Page -11- Agreement#16-6543"Grease Hauling" 1 6 0 3 Exhibit A — Scope of Work Brief Description of Purchase Collier County Wastewater Division's collections system includes approximately 800 lift stations. To maintain efficient operation, grease and matted material must be occasionally removed from the wet wells at the stations and disposed of in a manner to prevent re-entry into the wastewater system. The procurement of grease/mat removal and disposal services supports the overall wastewater maintenance function and contributes to compliant and effective operation of the wastewater collections system. Detailed Scope of Work This information is provided to the Contractor to ensure an understanding of the requirements of the Collier County Wastewater Department relative to furnishing emergency and scheduled grease removal and disposal service. Any County division/department may utilize this Agreement. A. Material: 1) This material primarily consists of fats from cooking grease and residue from soap film (mat). 2) There may also be other organics and plastics trapped in the mat material. B. Method: 1) The Contractor shall supply all equipment and personnel to perform the required tasks. 2) The Contractor shall remove all mats and floating grease from wet well including level floats and monitors. 3) Mat/grease material may not be liquefied or dewatered onsite. 4) The material must be taken from wet well and hauled directly to disposal. 5) The Contractor shall be responsible for cleaning up any material spills in accordance with State, Federal and local regulations. The Contractor must have on board their trucks, a spill kit to be used in the event of a spill of grease, scum, fuel, or any other discharge, while performing this contract. C. Location/Frequency: 1) The Contractor shall schedule with the Collier County Collections Staff the removal and disposal of grease and related material at any of the Master Pumping Stations or lift stations throughout the District. 2) The location and frequency of the described work is dependent upon seasonal population fluctuation and maintenance activities. D. Response: 1) The Contractor must respond within 24 hours, including weekends and holidays, to any requests not previously scheduled by the Collier County Collections Staff (or designee). All requests for services require response from the Contractor within 24 hours. 2) In the event the Contractor fails to perform any required service under the Agreement, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor Page -12- Agreement#16-6543"Grease Hauling 16C3 may be exempt from this provision if such exemption is granted by the Collier County Collections Manager or his designee, in writing. E. Disposal: 1) At the time of bid submittal the Contractor specified the method of disposal and certified that this method meets all requirements of the Environmental Protection Agency (EPA) and is in accordance with State, Federal and Local regulations. 2) The Contractor has the sole responsibility to comply with any with local, state federal and/or Department of Transportation (DOT) rules and laws and/or regulations in regards of transportation and disposal of material removed and submit copies of licensure and permits. 3) Each load shall have a manifest signed by an agent of the Contractor and Department 4) The disposal site shall be identified on the manifest for official records. 5) Compensation for transportation and disposal of waste material resulting from the removal process is secondary to the removal process and will not be paid. Additional requests for compensation for disposal will not be accepted. F. Damage to Structures: 1) Damage caused by the Contractor to pipes, manholes, property or any other system appurtenances shall be repaired by the Division/Department at the Contractor's expense. a. The Contractor shall contact the Division/Department immediately to notify them of any damage. b. The Division/Department will coordinate the repair and charge the Contractor for all associated fees involved in such work. G. Safety: 1) The Contractor has the sole responsibility to comply with any local, state, federal, and/or OSHA rules, laws and/or regulations including best management practices in regards of operation around wet wells, transportation and disposal of material removed. H. Payment: 1) Payment will be on a unit price per load, as stated in Section 3 and 3.1 of the Agreement. The Contractor will be responsible for measurements, fees, hauling and disposal costs. The majority of the hauling services will be on master pump stations, but will include standard lifts stations. 2) The Contractor shall invoice the Division/Department and the invoice shall have a detailed description of the: a. date of the work; b. station number; 3) Each invoice submitted for payment shall be accompanied by the hauling manifest and receipt from disposal site for each load of material removed. 4) The Contractor shall invoice the Division/Department for work performed. Invoices not submitted timely, within six (6) months, of the work being performed is subject to non-payment under the legal doctrine of "laches" as untimely submitted. 1 1 Odd Page -13- Agreement#16-6543"Grease Hauling" HAITI-2 : AkCOR'C CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �------- 06/21/2016 . PRODUCER Phone: 802-728-4434 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kinney Pike-Randolph ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE • 42 Meadow Lane :-_o HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Randolph,VT 05060 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jake Obar INSURERS AFFORDING COVERAGE NAIC# INSURED -Marlin Environmental, Inc. DBA INSURER A:Hanover Insurance Company 22292 Al Gator Septic dba Hartigan Company, Inc. INSURER B:Star Insurance Company 18023 31 WelchPark Drive INSURER C:Tokio Marine Speciality Ins Co Middlesex,VT 05602 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE IMM/DD/YYYYI DATE IMM/DD/YYYYI GENERAL LIABILITY EACH OCCURRENCE - $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY ZHVA249563 03/29/2016 03/29/2017 RENTED PREMISESAMAGE O(Ea occurence) $ 100,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ - 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY X JERC°T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO ADVA25015602 03/29/2016 03/29/2017 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PER PERSON) $ A X HIRED AUTOS BODILY INJURY A X NON-OWNED AUTOS (PER ACCIDENT) $ PROPERTY DAMAGE $ 50,000 (PER ACCIDENT) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 u A X OCCUR CLAIMS MADE UHVA249562 03/29/2016 03/29/2017 AGGREGATE $ 5,000,000 — . $ DEDUCTIBLE $ _ X RETENTION $ 0 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YY/N WC0820887 03/29/2016 03/29/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Equipment Floater IHVA21332702 03/29/2016 03/29/2017 Sch Equip C Pollution Liabilit PPK1469436 03/29/2016 03/29/2017 Liability 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is listed as Additional Insured with regards to the General Liabilty Coverage per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL County Commissioners .. - - - •.8301-amiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Naples,FL 34122 . REPRESENTATIVES. AUTHORIZED REPRESENTATIVE `J I ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD