Agenda 11/15/2016 Item #16C2 16.C.2
11/15/2016
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid 16-6609, "Sewage Hauling," to Southern Sanitation,
Inc., as Primary Contractor,and Marlin Environmental,Inc. d/b/a Al Gator Septic, as Secondary.
OBJECTIVE: To ensure the sustained, compliant operation of the Collier County Water-Sewer
District's wastewater collections system by providing sewage hauling services during emergency and
planned shutdowns.
CONSIDERATIONS: Sewage hauling services are used by the Collier County Wastewater Division on
both a scheduled and emergency basis. This vital service provides pumper trucks equipped with
machinery to pump and relocate large amounts of wastewater within the collections system. This is a key
risk mitigation strategy to prevent potential sanitary sewer overflows.
Invitation to Bid (ITB) 16-6609 was publicly posted June 7, 2016. Notification was sent to 618
prospective vendors, with 38 companies downloading bid packages. On July 8, 2016, four bids were
received and the following two vendors deemed responsive bidders.
Company Hourly Rate
Southern Sanitation,Inc. $300
Marlin Environmental Inc.,d/b/a Al Gator Septic $310
Staff recommends awarding ITB 16-6609 to Southern Sanitation, Inc., as Primary, and Marlin
Environmental Inc., d/b/a Al Gator Septic, as Secondary,the lowest and responsive bidders who are local
vendors that are able to respond in emergency situations. The other two bidders were deemed non-
responsive since they were not able to meet the requirements for a minimum of two trucks capable of
removing a minimum of 4,000 gallons, nor did they have the ability to comply with the timeline of
arriving onsite,as specified in the ITB.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY17 budget approved by the
Board of County Commissioners September 22,2016.The source of funding is the Collier County Water-
Sewer Operating Fund (408). The annual estimated expenditure for sewage hauling is approximately
$115,000,but may vary depending on operational requirements.
CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for
Board approval. -SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
executive summary.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, awards ITB 16-6609, "Sewage Hauling," to Southern
Sanitation, Inc., as Primary Contractor, and Marlin Environmental, Inc. d/b/a Al Gator Septic, as
Secondary; and, authorizes the Chair to sign the Agreements after review and approval by the County
Attorney's Office.
Prepared By: Drew Gretz, Operations Coordinator,Wastewater Division
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16.0.2
11/15/2016
ATTACHMENT(S) --
1.01-16-6609 Sewage Hauling_Solicitation (PDF)
2.02-16-6609 Bid Tabulation (PDF)
3.03-Addendum#1 to 16-6609 (PDF)
4.04-Agreement-Marlin Environmental (PDF)
5.05-Agreement-Southern Sanitation (PDF)
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16.C.2
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Item Summary: Recommendation to award Invitation to Bid 16-6609, "Sewage Hauling" to
Southern Sanitation, Inc., as Primary Contractor, and Marlin Environmental, Inc. d/b/a Al Gator Septic,
as Secondary.
Meeting Date: 11/15/2016
Prepared by:
Title: Operations Analyst—Public Utilities Department
Name: Susan Jacobs
10/07/2016 10:39 AM
Submitted by:
Title: Division Director-Wastewater—Wastewater
Name: Beth Johnssen
10/07/2016 10:39 AM
Approved By:
Review:
Wastewater Steve Nagy Additional Reviewer Completed 10/07/2016 11:09 AM
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Public Utilities Department Margie Hapke Additional Reviewer Completed 10/07/2016 11:30 AM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 10/07/2016 11:58 AM
Water Steve Messner Additional Reviewer Completed 10/07/2016 1:23 PM
Wastewater Beth Johnssen Additional Reviewer Completed 10/07/2016 1:53 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/07/2016 2:41 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 10/10/2016 9:29 AM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 10/11/2016 10:29 AM
Procurement Services Ted Coyman Additional Reviewer Completed 10/18/2016 3:20 PM
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Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/18/2016 3:56 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/18/2016 4:24 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/19/2016 8:22 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/19/2016 9:13 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/19/2016 9:51 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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16.C.2.a
Collier County
Administrative Services Department
Procurement Services Division
INVITATION TO BID
Date: June 7, 2016
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From: Swainson Hall, Procurement Strategist
(239) 252-8935 (Telephone) tu
(239) 252-6334 (FAX) -6
swainsonhall a(�•colliergov.net (Email)
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To: Prospective Vendors c
Subject: Solicitation: 16-6609 Sewage Hauling c
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As requested by the Public Utilities Wastewater Division, the Collier County Board of
County Commissioners Purchasing Department has issued this ITB for the purpose of I
obtaining fair and competitive responses. `..
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Please refer to the Public Notice included in this document for the opening date and N
time and any applicable pre-ITB conference. c`
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
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responses to questions will be posted on the website with electronic notification to all i
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prospective vendors. c
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We look forward to your participation in Collier County's competitive procurement 0
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cc: Steve Nagy, Wastewater Collections Manager to
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16.C.2.a
Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 8 c
Exhibit III: Standard Purchase Order Terms and Conditions 14 0
Exhibit IV: Additional ITB Terms and Conditions 17 d
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 25 0
Attachment 2: Vendor's Check List 26 U
Attachment 3: Vendor Submittal - Bid Response Form 27
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 29
Attachment 5: Vendor Submittal— Immigration Affidavit 30 0
Attachment 6: Vendor Substitute W—9 31 U
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 32
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16.C.2.a
Collier County
Administrative Services Department
Procurement Services Division
Public Notice
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Sealed bid responses for Solicitation 16-6609 Sewage Hauling, will be received electronically
only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples,
FL 34112 until 3:00PM, Collier County local time on June 24, 2016. Solicitation responses
received after the stated time and date will not be accepted.
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Solicitation 16-6609 Sewage Hauling
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All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only CID;
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
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Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
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Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
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BOARD OF COUNTY COMMISSIONERS a�
COLLIER COUNTY, FLORIDA
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BY: /s/Joanne Markiewiczto
Director, Procurement Services Division ".)
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on June 7, 2016
as
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16.C.2.a
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities Wastewater Division (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Procurement Services Division
(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.
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The results of this solicitation may be used by other County departments once awarded according to d
the Board of County Commissioners Purchasing Policy. o
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Brief Description of Purchase c
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Collier County Wastewater collection system currently includes over 800 lift stations. To maintain U
efficient operation, stations and conveyance lines must be occasionally shut down for maintenance c
and/or emergency repair. To prevent sanitary sewer overflow, raw wastewater must be removed fromca
the system while the station or lines are shut down. The procurement of wastewater removal and =
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disposal services supports the overall wastewater maintenance function and contributes to compliant cr
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and effective operation of the wastewater collections system. The cost of sewage hauling is
approximately$125,000 annually. 0
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Detailed Scope of Work
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1) This information is provided to prospective bidders to ensure an understanding of the requirements r
of the Department relative to furnishing both scheduled and emergency raw wastewater removal and '�
disposal service. Any County department may utilize this bid. Should the Contractor fail to provide the -°—
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requested service, the County reserves the right to ask for and obtain said service from another 01
contractor(s). c
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A. Material: _
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1)The material primarily consists of raw untreated wastewater. c
2) Other organics and plastics may be incorporated in the raw wastewater.
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B. Method:
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1)The Contractor shall supply all equipment and labor to perform the required tasks.
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2) The Contractor must respond with an empty truck. (Partially loaded truck may be accepted. at the
County's discretion and must be documented on the invoice and approved by County staff). o
3) The Contractor shall remove raw wastewater from a lift station wet well/manhole/swale/collection c
area and dispose of it in a location designated by the Collections Manager or a designee. a)
4)The material may NOT be dewatered onsite in any fashion. c
5)The material must be hauled directly to the designated disposal location.
6) The Contractor shall be responsible for cleaning up any material spills in accordance with State, `z
Federal, and local regulations. The Contractor must equip their trucks with a spill kit to be used in the
event of a spill of raw wastewater, grease, scum, fuel, or any other discharge while performing this
contract.
7)The Contractor shall maintain hauling records for a period of seven (7)years after the occurrence.
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I6.C.2.a
C. Per Hour Rate for Pumping and Disposal Services:
a. The Contractor shall provide a per hour rate for pumping and disposal work.
b. The Contractor will be permitted to charge a two (2) hour minimum for trucks that were requested
by the County, arrived onsite within the required response timeframe, and were subsequently
dismissed without pumping or hauling waste.
D. Response Time and Availability:
1)The Contractor shall provide the County with a single, local, on-call telephone number for contact.
a. The Contractor must respond/return Wastewater Collections phone call within thirty(30) minutes.
b. The Contractor must arrive on-site with a minimum of two (2) trucks capable of removing a C
minimum of 4,000 gallons each within one (1) hour of notification by County personnel. a
c. The Contractor must have a minimum availability of twenty (20) trucks within four (4) hours of
notification.
2) The Contractor must be available on a twenty-four(24) hour basis, 365 days per year
3) Should the Contractor fail to provide the requested service, the County reserves the right to ask for
and obtain said service from another contractor(s).
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E. Method of Disposal:
1) The Contractor will dispose of the material at a location designated by the Collections Manager or a
designee.
2) The Contractor has the sole responsibility to comply with any with local, state federal and/or 5
Department of Transportation (DOT) rules and laws and/or regulations in regards of transportation
and disposal of material removed.
3) Each load shall have a manifest signed by an agent of the Contractor and Department co
4)The disposal site shall be identified on the manifest for official records. N
5) Compensation for transportation, labor and equipment is all inclusive in the per hour
charge. 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 in
appurtenances shall be repaired by the Department at the Contractor's expense.
a. The Contractor shall contact the Department immediately of any damage; failure to contact the
Department can result in contract termination. _
b. The Department will coordinate the repair and charge the Contractor for all associated fees
involved in such work.
G. Safety:
1) The Contractor has the sole responsibility to comply with all Federal, State, and local OSHA rules, CD
laws and/or regulations including best management practices.
H. Payment:
1) Payment will be as per bid items.
2) The Contractor shall invoice the Department on a monthly basis and the invoice shall have a E
description of the: 0
a. Date and time of the work—start to finish
b. Location of work
3) Each invoice submitted for payment must be accompanied by the County supplied form
detailing loads for each truck (see Exhibit A: Collier County Sewage Hauling Tracking Form).
4) The Contractor shall invoice the Department monthly for work performed in the prior 30 days.
Invoices not submitted timely, within 45 days, will not be processed for payment.
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I. License:
1) All required licenses, permits, and insurance are to be maintained by the Contractor at all times
under the contract term.
J. Bid Response Format:
1) Bidder must submit a pricing form that indicates one all-inclusive hourly rate.
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.
• Prices will be read in public exactly as input on the electronic bid response form or written on a,
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 0reflect the proper response. 0
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation. N
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s).
• For the purposes of determining the bidder with the lowest price for award purposes only theCNI
following methodology will be used:
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LOWEST HOURLY RATE— 16-6609 Bid Schedule, Cell "B6" (T)
• Collier County reserves the right to select one, or more than one suppliers, however, it is the i�l
intent to select single awardee.
• The County reserves the right to issue a formal contract or standard County Purchase Order •
for the award of this solicitation.
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Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one c0
year renewal options.
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Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made prior to the contract anniversary date, in writing, to the Procurement
Director. E
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
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1 6.C.2.a
Projected Timetable
Event Date
Issue Solicitation Notice June 7, 2016
Last Date for Receipt of Written Questions June 17, 2016, 5:00PM,
Naples Local Time
Addendum Issued Resulting from Written Questions June 20, 2016
Solicitation Deadline Date and Time June 24, 2016, 3:00PM,
Naples Local Time
Anticipated Evaluation of Submittals July 2016 0
Anticipated Board of County Commissioner's Contract September 2016
Approval Date
Vendor Required Documents L
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit CD
• Attachment 6: Vendor Substitute W-9 V3
• Attachment 7: Insurance and Bonding Requirement cn
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16.C.2.a
Exhibit II: General Bid Instructions
1. Purpose/Objective
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, c
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will o
hereinafter be referred to as the "Vendor" a
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All bids must be submitted on the Bid form furnished by the County noted in Attachments c.>
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any 2
misinterpretation or failure to comply with these instructions could lead to the bid submitted as o
being rejected as non-responsive. U
2. Pricing -5—
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Vendors must provide unit prices using the unit of measured specified by the County. All prices a,
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid 3
opening. After award by the Board of County Commissioners, prices may only be adjusted as �n
outlined in Exhibit I: Term of Contract. in
to3. Alternate Bid Pricing
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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 submitted7.3
price will be the basis for the rejection of the submitted bid response. All bids responses received cn
without pricing for all alternates as listed will be considered technically non-responsive and will not 1
be considered for award. c
4. Equal Product x
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Manufacturer's name, brand name and/or model number are used in these specifications for the 3
purpose of establishing minimum requirements of level of quality, standards of performance and/or u)
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of o
equal or similar material. An equal or similar product may be bid, provided that the product is o
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
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Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of o
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar. 0
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted Y
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless Q
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.
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16.C.2.a
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 o
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for o
rejection of bid proposal.
7. Addenda
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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 prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a,
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 (o
Purchasing Department Online Bidding System 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
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For electronic submissions... c
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net/bid. a,
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For paper submissions... in
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All paper bids shall be submitted to the County Procurement Director, Collier County Government, to
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated to
in the Legal Notice. The County assumes no responsibility for bid responses received after the c
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 1 storage device q
(CD's/Thumb Drive) 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.
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16.C.2.a
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.netlbid. 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 c
one stated on the Collier County Purchasing Department Online Bidding System website. For o
general questions, please call the referenced Procurement Strategist identified in the Public d
Notice.
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10. Protests rs
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Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the o
solicitation (including the form of the solicitation documents or procedures) shall file their protest 0
with the Procurement Director prior to the time of the bid opening strictly in accordance with the c'
County's then current purchasing ordinance and policies.
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11. Rejection and Waiver
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The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to in
select the bid that best meets the requirements of the County. CO
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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- o
N responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide R
all required information, documents or materials may be rejected as non-responsive.
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12. Local Vendor Preference (LVP) I
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The County is using the Competitive Sealed Quotation methodology of source selection for this
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procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier x
County Purchasing Ordinance. 0
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Local business means the vendor has a current Business Tax Receipt issued by the Collier in
County Tax Collector for at least one year prior to bid or proposal submission to do business o
within Collier County, and that identifies the business with a permanent physical business address 9
located within the limits of Collier County from which the vendor's staff operates and performs to
business in an area zoned for the conduct of such business. A Post Office Box or a facility that o
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other c
non-permanent structure shall not be used for the purpose of establishing said physical address. E
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and 0
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
c. claim Local Preference status for a period of up to one year.
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Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid 'a
submitted by one or more qualified and responsive local businesses is within ten percent of the c
price submitted by the non-local business, then the local business with the apparent lowest bid U
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder c
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if ca
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to cr'
businesses with drug-free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation. rnl
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
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A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one(1) year. u)
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The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification a
Statutes and executive orders require employers to abide by the immigration laws of the United r
States and to employ only individuals who are eligible to work in the United States. Q
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.
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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
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 0
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 BidderNendor does not comply with providing both the acceptable E-Verify evidence 0
and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive.
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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 in
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 N
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 a
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying cr)I
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
03
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to 30
final Board approval, no firm or its agent shall contact any other employee of Collier County with co
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 must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
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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.
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17. Bid Award Process
a)
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the U
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal cn
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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16.C.2.a
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 o
2. Acceptance and Confirmation specifically stated in this Purchase Order. =
This Purchase Order (including all documents Unless otherwise provided in Purchase m
attached to or referenced therein) constitutes Order, no invoices shall be issued nor U
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 ea
goods and/or services received by the COUNTY invoice.
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from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the 0
terms and conditions contained in this Purchase same day via the same route must be a)
Order. consolidated. Each shipping container must '"5
be consecutively numbered and marked to =
No additional terms may be added and Purchase show this Purchase Order number. The a,
Order may not be changed except by written container and Purchase Order numbers mustIS
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 u)
objects to any additional or different terms and must be included on each package of less co
conditions contained in any acknowledgment, than container load (LCL) shipments and/or in
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 o
payment for any delivery of goods and/or return any shipment or equipment atit
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with ..
Purchase Order numbers. VENDOR agrees v_
3. Inspection to declare to the carrier the value of any in
All goods and/or services delivered hereunder shipment made under this Purchase Order a
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 R
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 a
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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 CD
VENDOR'S expense. receipt of invoices, whichever is later. o
Payment will be made upon receipt of a m
To the extent that a purchase order requires a proper invoice and in compliance with es
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to the "Local Government Prompt Payment o
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County c
Order if goods and/or services provided early in Commissioners Purchasing Policy. m
the term of the Purchase Order are .c
non-conforming or otherwise rejected by the 5. Time Is Of the Essence c
COUNTY. Time for delivery of goods or performance of Q
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.
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VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be c
increase or decrease the cost of, or the time provided hereunder. o
required for performance of the Purchase Order, a)
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an equitable adjustment in the price and/or 11. Warranty of Non-Infringement o
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods U
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; ca
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, c
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute U
made within thirty (30) days from the date the unfair competition. a
change is ordered or within such additional E
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the ca
parties. COUNTY from and against any and all claims, _
including claims of negligence, costs and c
7. Warranties expense, including but not limited to attorneys' 3
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or c
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of co
will conform to the specifications, drawings, the goods and/or services provided under this 0
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S
specified by the COUNTY, and will be of representations and warranties in section 11 (a). c
satisfactory material and quality production, free
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach :°
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to u
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, "°
claim of any third party. These warranties shall procure for the COUNTY the right to continue I
survive inspection, acceptance, passage of title using the goods or services, or replace or modify E
and payment by the COUNTY. the goods or services so that they become o
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non-infringing, (without any material degradation I
8. Statutory Conformity in performance, quality, functionality or additional a,
Goods and services provided pursuant to this cost to the COUNTY). 3
Purchase Order, and their production and in
transportation shall conform to all applicable 12. Insurance Requirements a,
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laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide
Health and Safety Act, the Federal commercial insurance of such type and with such cmc
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably r
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing c
face of the Purchase Order. and maintaining adequate insurance coverage is c
a material obligation of the VENDOR. All a)
9. Advertising insurance policies shall be executed through E
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in a
COUNTY shall advertise the fact that it has the State of Florida. a
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth c
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida m
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in o
be regarded by the COUNTY as a material and response to a breach of this Purchase Order U
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be o
14. Force Majeure deemed a waiver of any subsequent default c.
Neither the COUNTY nor VENDOR shall be by VENDOR. cs
responsible for any delay or failure in c) All notices under this Purchase Order shall —
performance resulting from any cause beyond be sent to the respective addresses on the ca
their control, including, but without limitation to face page by certified mail, return receipt m
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by g
When VENDOR has knowledge of any actual or personal delivery and will be deemed ai
potential force majeure or other conditions which effective upon receipt. Postage, delivery and cn
will delay or threatens to delay timely other charges shall be paid by the sender. A co
performance of this Purchase Order, VENDOR party may change its address for notice by in
shall immediately give notice thereof, including all written notice complying with the
0 relevant information with respects to what steps requirements of this section. o
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any
goods and/or services to the COUNTY. travel expenses that may be associated with :°
this Purchase Order in accordance with v
15. Assignment Florida Statute Chapter 112.061, Per Diem co
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, a
nor any money due or to become due without the employees and authorized persons. c
prior written consent of the COUNTY. Any e) In the event of any conflict between or 5
assignment made without such consent shall be among the terms of any Contract Documents I
deemed void. related to this Purchase Order, the terms of as
the Contract Documents shall take 3
16. Taxes precedence over the terms of the Purchase m
Goods and services procured subject to this Order. To the extent any terms and /or CO
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate cn
and use tax on real property, transient rental or overlap the Terms and Conditions of the
property rented, tangible personal purchased or Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most o
Chapter 212), and from federal excise tax. favorable to the County and/or provide the c
greatest protection to the County shall E
17. Annual Appropriations govern. E
The COUNTY'S performance and obligation to c)
pay under this Purchase Order shall be Q
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
i time by the COUNTY upon 30 days prior written
I notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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1 6.C.2.a
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
0
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 V
interest is subject to County staff review and does not in and of itself disqualify a firm from 5
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution. _
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3. Vendor Performance Evaluation c
Collier County has implemented a Vendor Performance Evaluation System for all contracts s
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
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4. 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
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directly related to the Vendor's non-performance.
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5. Offer Extended to Other Governmental Entities 0I
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Collier County encourages and agrees to the successful vendor extending the pricing, terms and
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conditions of this solicitation or resultant contract to other governmental entities at the discretion of =
the successful vendor. a,
6. Environmental Health and Safety in
All Vendors and Sub vendors performing service for Collier County are required and shall comply co
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 o
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.
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.
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7. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
8. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies. o
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 V
best interest of the County. as
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 `n
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 CI 71
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 c
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. °�I
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. Questionsco
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
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directed to the Tax Collector's Office at(239) 252-2477.
11. Protection of Property
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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.
The County's project manager, shall coordinate with the Vendor / Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
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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 Ill,
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. o
13. Invoice and Payments
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The County's project manager reserves the right to establish any one, or a combination of, these
industry practices for contracts or purchase orders: c
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Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred (.)
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County's
project manager before payment for the fixed price contract is authorized.
Time and Materials: the County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus
the contractor's mark up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts
include back-up documentation of costs; invoices would include number of hours worked and
billing rate by position (and not company (or subcontractor) timekeeping or payroll records),
material or equipment invoices, and other reimbursable documentation for the project.
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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). f°
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Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, c
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. ••
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Invoices shall be sent to: I
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Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerkcollierclerk.com.
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Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional—payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of N
using the County's credit card for transactions relating to this solicitation. The County will o
entertain bids clearly stating pricing for standard payment methods. An additional separate a
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly o
marked as an "Additional Cash Discount." 0
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Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for c
that prior month. Services beyond sixty (60) days from current monthly invoice will not be 0
considered for payment without prior approval from the Project manager. All invoices should be c
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 x
processed for payment) unless specifically authorized by the Project Manager. a
Payments will be made for articles and/or services furnished, delivered, and accepted, upon 3c0n
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
to
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. ="o
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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
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these debts, the County reserves the right to off-set the amount owed to the County by applying a
the amount owed to the vendor or contractor for services performed of for materials delivered in c
association with a contract.
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Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the a)
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 in
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount c
of any payment for work not performed or for unsatisfactory performance of Contractual CO
requirements. C°
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14. Survivability
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Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that E
extends beyond the expiration date of the original Solicitation 16-6609 Sewage Hauling will 0
survive and remain subject to the terms and conditions of that Agreement until the completion or Q
termination of this Purchase Order.
15. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
J it 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
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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.
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Collier County shall be responsible for purchasing and maintaining, its own liability insurance. o
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County." ci
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. o
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Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows: co
m
a)
Collier County 3
Board of County Commissioners in
Naples, Florida
U,
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
Cti
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 co
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 i
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer. 3
m
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 CO
of expiration, cancellation, non-renewal or material change in coverage or limits received by c
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
#16-6609 21
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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.
16. Security and Background Checks y
c
0
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing ..a
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, c0�
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 to
other related records. Contractor shall be required to maintain records on each employee and o
make them available to the County for at least four(4)years. o
a)
c
17. Maintenance of Traffic Policy .5
I
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 3
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the in
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 V°
by reference. Copies are available through the Risk Management and/or Purchasing Departments N
and are available on-line at colliergov.net/purchasing. o
, C
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 'o
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic cn
("MOT") policy will be enforced under this Contract. c
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid 0
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of ar
Award. 3
a)
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18. Debris cn
0
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Vendor shall be responsible for the removal and disposal of all debris from the site and the CO
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 0
representative, shall remove and dispose such debris and materials from the property. The a
Vendor shall leave all affected areas as they were prior to beginning work. _
(.)m
19. Direct Material Purchase Q
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
1 ii. to said materials shall be governed by the terms and conditions of this solicitation.
#16-6609 22
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16.C.2.a
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. Equipment
0
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required by the County, the Vendor shall supply a list of equipment and an
hourly rate for each. Hourly rates will commence once equipment arrives at the service site,
unless otherwise agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is 0
needed, the Project Manager must be notified in advance for approval. The reimbursement of a,
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor's cost for time and material projects, and a)
to withhold payments until documentation is provided. c
cnAll County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2) ;t)
complete shop repair manuals and parts lists must be furnished with each type of equipment. N
Vendor must service all equipment prior to delivery and/or acceptance by the County.
c
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
-6—
furnishing a complete unit. cn
21. Storage Tank Installation and Closure Requirements
The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage ofcn
hazardous materials and petroleum products.
CD
The contractor shall notify the Solid & Hazardous Waste Management Department(SHWMD) prior
to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor
shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement.
E
The contractor shall provide the plans pertaining to the storage tank systems containing
hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor's submittal for permitting.
22. 62-761.300 Applicability
1) General Requirements:
a) Underground storage tank systems: The requirements of this Chapter, unless specified
0 I
otherwise, apply to owners and operators of facilities, or owners and operators of UST
#16-6609 23
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16.C.2.a
systems with individual storage tank capacities greater than110 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.
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).
23. 62-762.301, F.A.C. Applicability y
c
0
1) General Requirements: a
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- 2
61, F.A.C., after May 21, 1984 c
(1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984; o
(2) Pollutants after March 12, 1991; or c
(3) Pollutants in unmaintained storage tank systems. t0
b) Aboveground compression vessels and hazardous substance storage tank systems: _
Owners and operators of compression vessels and hazardous substance storage tanks a,
with capacities of greater than 110 gallons containing hazardous substances are only 3
required to comply with subsections 62-762.401(1)-(2), F.A.C. cn
c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or to
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- N
762.891, F.A.C. o
0
24. Definitions
u
'6-
62-761.200(11) and 62-762.201(16), F.A.C.: "County" means a locally administered program to
under contract with the Department to perform compliance verification activities at facilities with c
storage tank systems. .
cc
I
62-761.200(48) and 62-762.201(62), F.A.C.: "Pollutants" includes any "product" as defined in a,
Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding 3
liquefied petroleum gas. N
co
0
62-761.200(51) and 62-762.201(65), F.A.C.: "Product' as defined in Section 377.19(11), F.S., to
means any commodity made from oil or gas and includes refined crude oil, crude tops, topped to
crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel c
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 c
gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts E
derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts 0
derived from oil or gas, whether hereinabove enumerated or not. Q
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.
4 if
#16-6609 24
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16.C.2.a
Co Wier Co>ynty ,
Administrative Services Department
Procurement Services Division
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 o
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, o
3327 Tamiami Trail East, Naples, Florida 34112. o
We are not responding to this ITB for the following reason(s):
Solicitation: 16-6609 Sewage Hauling
rn
❑ Services requested not available through our company.
CIS❑ Our firm could not meet specifications/scope of work. a)
❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) in
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
0
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(� Other reason(s):
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Firm's Complete Legal Name
Address
0
4;
City, State, Zip
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
#16-6609 25
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16.C.2.a
Cattier County
Administrative Services Department
Procurement Services Division
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. o
U
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. U
5. Any required drawings, descriptive literature, etc. have been included. cs'
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. a,
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable. in
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB. `='
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E 1
Naples FL 34112
The mailing envelope must be sealed and marked with: z
• Solicitation: 16-6609 Sewage Hauling =
• Opening Date: June 24, 2016 a)
ca
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.) cn
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
m
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
#16-6609 26
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16.C.2.a
Collier County
ti
Administrative Services Department
Procurement Services Division
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
U
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 16-6609 Sewage Hauling
U
Dear Commissioners: a)
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 cn
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.
N
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following:
0
***SEE FOLLOWING PAGES *** UI
0,
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. a,
Prompt Payment Terms: % Days; Net_ Days in
CD
® Bid Response Form is electronic. Please input your prices online. to
co
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
C)
#16-6609 27
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16.C.2.a
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority -;;;-
Document Number
Federal Tax IdentificationCD
Number
CCR#or CAGE Code
U
Telephone Number co
0
FAX Number U
Signature/Title
x
Type Name of Signature
coDate
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Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
4.0Firm's Complete Legal Name ail
Addressco
City, State, Zip
Contact Name N
C,
0
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Telephone Number
FAX Number o
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Email AddressC.)
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#16-6609 28
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16.C.2.a
Cottier County
Administrative Services Department
Procurement Services Division
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 16-6609 Sewage Hauling (Check Appropriate Boxes Below)
State of Florida(Select County if Vendor is described as a Local Business
❑ Collier County
El Lee County
0
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of L.)
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to,the retention and expansion of employment (1)
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the cn
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this cc
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to it)
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
0
Vendor must complete the following information:
U
Year Business Established in ❑Collier County or ❑ Lee County:
I
Number of Employees(Including Owner(s)or Corporate Officers):
ca
Number of Employees Living in ❑ Collier County or❑ Lee(Including Owner(s)or Corporate Officers):
a
If requested by the County, vendor will be required to provide documentation substantiating the information `0
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date: co
Address in Collier or Lee County: T;
Signature: Title: c
m
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
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)
#16-6609 29
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16.C.2.a
Co ier County
Administrative Services Department
Procurement Services Division
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: 16-6609 Sewage Hauling
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 thr N
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Compan o
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to t
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/
Bidder's proposal as non-responsive. C.)
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alienT.
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 .E
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. _
a>
a)
Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act 3
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E- cinD
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 Title :c.)
.p
Signature Date a
5
°
State of =
0
County of ca
a)
The foregoing instrument was signed and acknowledged before me this day of ,20 ,by N
rn
towho has produced as identification.
(Print or Type Name) (Type of Identification and Number) to
Notary Public Signature
a)
E
Printed Name of Notary Public
cZ
Notary Commission Number/Expiration
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.
#16-6609 30
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16.C.2.a
Coater County
Administrative Services Department
Procurement Services Division
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.
m
1. General Information (provide all information) o
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name) V
Address City
as
c
State Zip .�
ca
Telephone FAX Email =
cu
ca
Order Information Remit/Payment Information
cn
Address Address co
City State Zip City State Zip
FAX FAX
Email Email
0
2. Company Status (check only one) cnI
_Individual/Sole Proprietor _Corporation _Partnership
c
Tax Exempt(Federal income tax-exempt entity Limited Liability Company
under Internal Revenue Service guidelines IRC as
501 (c)3) Enter the tax classification
(D=Disregarded Entity, C=Corporation, P=Partnership)
Cri
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
co
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
E
4. Sign and Date Form c
co
Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. Q
Signature Date
Title Phone Number
#16-6609 31
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16.C.2.a
Collier County
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance/Bond Type Required Limits u,
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
a,
2. ® Employer's Liability $1,000,000 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 m
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 Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement. o
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. as
$ Per Occurrence
ns
❑ Maritime Coverage(Jones Act)shall be maintained where applicable to in
the completion of the work. c
$ Per Occurrence `D
m
cs�
❑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 C
under this Agreement. a�°i
$ Per Occurrence
$ 1,000,000 Per Occurrence
® Pollution
❑ 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
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
#16-6609 32
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16.C.2.a
❑ Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety c
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, U
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New c
York 10038.
x
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to cra
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance d
provisions.
cn
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 7
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 o
work performed on behalf of Collier County. col
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within five(5)days of the award of this solicitation.
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16.C.2.c
Li�rt tvity Email: Swainsonliall@colliergov.net
Telephone: (239)252-8935
Adrrinistrative Services Division FAX: (239)252-6334
urthasing
ADDENDUM#1
Memorandum
Date: June 22, 2016
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From: Swainson Hall, Procurement Strategist Z
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To: Potential Proposers 0
Subject: Addendum #1 — 16-6609 Sewage Hauling
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The following clarifications are issued as an addendum identifying the following changes for the V
referenced solicitation: _
CHANGE: _
1. Update Due Date:
a. Current Due Date—June 24, 2016 at 3:00PM cn
b. Updated Due Date—July 8, 2016 at 3:00PM
U,
2. Correction Scope of Work, Section D-Response Time and Availability, 1 c. `•=
Current-c, The Contractor must have a minimum availability oftwenty-9g)trucks within four(4)
hours of notification.
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Update-c. The Contractor must have a minimum availability of two(2)trucks within four(4)
hours of notification. E
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13
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If you require additional information please contact me using the above contact information. M
c: Steve Nagy, Project Manager
Please sign below and return a copy of this Addendum with your submittal for the above referenced Q
solicitation.
(Signature) Date
(Name of Firm)
Packet Pg. 800
16.C.2.d
AGREEMENT 16-6609
for
Sewage Hauling
THIS AGREEMENT, made and entered into on this day of 2016,
by and between the Marlin Environmental, Inc. d/b/a Al Gator Septic, Secondary
Contractor, authorized to do business in the State of Florida, whose business address is o
7990 Mainline Parkway, Fort Myers, Florida 33912 (the "Contractor") and Collier County, a
political subdivision of the State of Florida, (the "County"):
6
WITNESSETH:
C
0
1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on the Date of Board award, and terminating one (1) year from that date, or until all
outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice f
(41•••# of the County's intention to renew the Agreement term prior to the end of the
Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement o
under all of the terms and conditions contained in this Agreement for up to one hundred 2
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of =_
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon E'
issuance of a Purchase Order.
a)
3. STATEMENT OF WORK. The Contractor shall provide sewage hauling in accordance
with the terms and conditions of ITB #16-6609, Exhibit A — Scope of Work, and the
Contractor's proposal referred to herein and made an integral part of this Agreement.
This Agreement contains the entire understanding between the parties and any c)
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
If the Primary Contractor cannot provide requested services within the timeframe
specified by the user division, then the Secondary Contractor will then be contacted.
L
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4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement a flat rate of$310.00 per hour in accordance with Section 4.1.
4.1 Price Methodology:
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification. °
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
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4.3 Payments will be made for services furnished, delivered, and accepted, upon o
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of the Agreement. Any untimely submission of invoices beyond
the specified deadline period is subject to non-payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to the
timely submission of invoices under this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes `"
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State V
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if 2
mailed or faxed to the Contractor at the following Address: .5
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c
Marlin Environmental, Inc. .-•
d/b/a Al Gator Septic
7990 Mainline Parkway
Fort Myers, Florida 33912
Phone: 239-267-4541; Fax: 239-267-5752
Attn: Carl R. Bailin, President
4
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
E
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Director, Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480 0
E
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The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The
County will not be obligated to pay for any permits obtained by
Subcontractors/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the o
County. All non-County permits necessary for the prosecution of the Work shall be U
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules, regulations and laws of Collier County, the State of Florida, or
the U. S. Government now in force or hereafter adopted. The Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor °
or if the County or its authorized representative shall deem any conduct on the part of w
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 2
(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.
4
10. TERMINATION. Should the Contractor be found to have failed to perform his services c
in a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Agreement Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
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16.C.2.d
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage o
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. LO
N
D. Pollution: Such insurance shall have limits of not less than $1,000,000 each claim 7
and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate 2
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy. _
•L
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 o
provisions. Contractor shall also notify County, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverage or limits received by Consultant from its insurer, and nothing
contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
(1)
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13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
0
This section does not pertain to any incident arising from the sole negligence of Collier 4
County.
0
13.1 The duty to defend under this Article 13 is independent and separate from the duty g
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
to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the County or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
N
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Public Utilities Division.
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and 2
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.
2
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein cu
set out verbatim: Contractor's Proposal, Insurance Certificate(s), ITB #16-6609-Sewage
Hauling Specifications/Scope of Services and Exhibit A—Scope of Work. a
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
0
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee
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16.C.2.d
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including 11
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including, c°
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 ra
at F.S. § 119.0701(2)(a)-(b) as stated as follows: o
U
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE E
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 (71
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
i
1. Keep and maintain public records required by the public agency to perform the g
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the ,
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
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the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a
format that is compatible with the information technology systems of the public
agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have o
the discretion to unilaterally terminate this Agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County c0
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 as
discretion of the successful proposer. o
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
T
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CD23. 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 d
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 o
under section 44.102, Fla. Stat.
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
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competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete the Agreement on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet the
required service delivery dates.
26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Invitation to Bid (ITB), the Contractor's
Proposal, and/or the County's Board approved Executive Summary, this Agreement
shall take precedence.
0
27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer 0
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 L
require that its assignee be bound to it and to assume toward Contractor all of the o
obligations and responsibilities that Contractor has assumed toward the County. v
28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
cis
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 113
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. n
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
0
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.
a
The Contractor shall immediately notify the Collier County Facilities Management ,
Division via e-mail (DL-FMOPSCa�colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the o
continued security of Collier County facilities and systems. Failure to notify within four
(4) hours of separation may result in a deduction of$500 per incident.
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman
Dated: °'
(SEAL) c°v
Marlin Environmental, Inc. d/b/a
A-1 Gator Septic o
Contractor
By:
First Witness Signature c
TType/print witness name TType/print signature and titleT
N
Second Witness
TType/print witness name
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Approved as to Form and Legality:
4
Assistant County Attorney
Print Name
E
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Exhibit A— Scope of Work
Detailed Scope of Work
The Contractor understands the requirements of the Department/Division relative to furnishing
both scheduled and emergency raw wastewater removal and disposal service.
A. Material:
1) The material primarily consists of raw untreated wastewater.
2) Other organics and plastics may be incorporated in the raw wastewater.
B. Method:
1) The Contractor shall supply all equipment and labor to perform the required tasks, at no
additional cost to the County.
2) The Contractor must respond with an empty truck. (Partially loaded truck may be o
accepted, at the County's discretion and approval, said approval will be documented on u
the invoice). �'
3) The Contractor shall remove raw wastewater from a lift station wet 1
well/manhole/swale/collection area and dispose of it in a location designated by the 0
Collections Manager or a designee.
4) The material may NOT be dewatered onsite in any fashion.
co
5) The material must be hauled directly to the designated disposal location.
6) The Contractor shall be responsible for cleaning up any material spills in accordance with
State, Federal, and local regulations. The Contractor must equip their trucks with a spill r!
kit to be used in the event of a spill of raw wastewater, grease, scum, fuel, or any other w
discharge at all times while performing this Agreement.
7) The Contractor shall maintain hauling records for a period of seven (7) years after the
occurrence.
Q
C. Per Hour Rate for Pumping and Disposal Services:
a. The Contractor shall provide pumping and disposal work pursuant to the all-inclusive
hourly rate, in Section 4 of the Agreement. a
b. The Contractor will be permitted to charge a two (2) hour minimum for trucks that were
requested by the County, arrived onsite within the required response timeframe, and E
were subsequently dismissed by the County without pumping or hauling waste.
D. Response Time and Availability:
1) The Contractor shall provide the County with a single, local, on-call telephone number for
contact.
a. The Contractor must respond/return Wastewater Collections phone call within thirty
(30) minutes.
b. The Contractor must arrive on-site with a minimum of two (2) trucks capable of Q
removing a minimum of 4,000 gallons each within one (1) hour of notification by County
personnel.
c. The Contractor must have a minimum availability of two (2) trucks within four (4) hours
of notification.
2) The Contractor must be available on a twenty-four (24) hour basis, 365 days per year.
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3) Should the Contractor fail to provide the requested service, the County reserves the right
to ask for and obtain said service from another contractor(s). Should the Primary be
unable to provide the requested service within the timeframe requested by the County,
the County will contact the Secondary Contractor. Should both the Primary and
Secondary be unable to provide the requested service within the timeframe requested by
the County, the County reserves to procure the services from other Contractors.
E. Method of Disposal:
1) The Contractor will dispose of the material at a location designated by the Collections o
Manager or a designee.
2) The Contractor has the sole responsibility to comply with any with local, state federal
and/or Department of Transportation (DOT) rules and laws and/or regulations in regards
of transportation and disposal of material removed, at no additional cost to the County.
3) Each load shall have a manifest signed by an agent of the Contractor and Department.
4) The disposal site shall be identified on the manifest for official records. o
5) Compensation for transportation, labor and equipment is all inclusive in the per hour
charge in Section 4 of the Agreement. Additional requests for compensation for disposal
will not be accepted.
F. Damage to Structures:
1) Damage caused by the Contractor to pipes, manholes, property, or any other system a)
appurtenances shall be repaired by the Department at the Contractor's expense. "'
a. The Contractor shall contact the Department immediately of any damage; failure to
contact the Department can result in termination of the Agreement. (71
b. The Department will coordinate the repair and charge the Contractor for all associated y
fees involved in such work.
E
G. Safety: 2
1) The Contractor has the sole responsibility to comply with all Federal, State, and local w
OSHA rules, laws and/or regulations including best management practices.
•L
H. Payment: 5
1) Payment will be as per all-inclusive hourly rate, in Section 4 of the Agreement.
2) The Contractor shall invoice the Department on a monthly basis and the invoice shall E
have a description of the:
a. Date and time of the work—start to finish
b. Location of work 4
3) Each invoice submitted for payment must be accompanied by the County supplied form
detailing loads for each truck (see Exhibit A: Collier County Sewage Hauling Tracking
Form in the ITB #16-6609).
I. License:
1) AH required licenses, permits, and insurance are to be maintained by the Contractor at all
times during the term of this Agreement.
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Marlin Environmental,Inc.d/b/a Al Gator Septic O f
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16.C.2.e
AGREEMENT 16-6609
for
Sewage Hauling
THIS AGREEMENT, made and entered into on this day of 2016,
by and between the Southern Sanitation, Inc., Primary Contractor, authorized to do
business in the State of Florida, whose business address is 310 5th Street NW, Naples, I
Florida 34120 (the "Contractor") and Collier County, a political subdivision of the State of
Florida, (the "County"):
0
WITNESSETH:
f6
1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on the Date of Board award, and terminating one (1) year from that date, or until all cs'
outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated. CD
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to renew the Agreement term prior to the end of the
Agreement term then in effect. o
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 cn
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect. �n
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a Purchase Order.
3. STATEMENT OF WORK. The Contractor shall provide sewage hauling in accordance
with the terms and conditions of ITB #16-6609, Exhibit A — Scope of Work, and the
Contractor's proposal referred to herein and made an integral part of this Agreement.
This Agreement contains the entire understanding between the parties and any E
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
If the Primary Contractor cannot provide requested services within the timeframe
specified by the user division, then the Secondary Contractor will then be contacted.
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4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement a flat rate of$300.00 per hour in accordance with Section 4.1.
4.1 Price Methodology:
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification.
0
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
U
4.3 Payments will be made for services furnished, delivered, and accepted, upon o
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of the Agreement. Any untimely submission of invoices beyond
the specified deadline period is subject to non-payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to the
timely submission of invoices under this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes (1)
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter o
212, Florida Statutes, Certificate of Exemption #85-8015966531C-2. :_.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if (i)
mailed or faxed to the Contractor at the following Address: L
Southern Sanitation, Inc. o
310 5th Street NW
Naples, Florida 34120
Phone: 239-352-2600; Fax: 239-352-6600
Attn: Matt Beebe, President
All Notices from the Contractor to the County shall be deemed duly served if mailed or o
faxed to the County to:
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Director, Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
C
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16.C.2.e
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The 0
County will not be obligated to pay for any permits obtained by CD
Subcontractors/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible c i
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules, regulations and laws of Collier County, the State of Florida, or
the U. S. Government now in force or hereafter adopted. The Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
co
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of ci)
the Contractor to be objectionable or improper, the County shall have the right to F
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. a
10. TERMINATION. Should the Contractor be found to have failed to perform his services Q
in a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non- z
performance.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Agreement Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
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11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability. i
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 ci
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for
each accident.
D. Pollution: Such insurance shall have limits of not less than $1,000,000 each claim �?
and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
va
Current, valid insurance policies meeting the requirement herein identified shall be E
maintained by Contractor during the duration of this Agreement. The Contractor shall w
provide County with certificates of insurance meeting the required insurance provisions. 0
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 a'
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) rn
hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverage or limits received by Consultant from its insurer, and nothing o
contained herein shall relieve Contractor of this requirement to provide notice.
E
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
L, Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
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16.C.2.e
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. 3
0
13.1 The duty to defend under this Article 13 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the ci.
Contractor, County and any indemnified party. The duty to defend arises immediately ,
upon presentation of a claim by any party and written notice of such claim being provided
to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will
survive the expiration or earlier termination of this Agreement until it is determined by final 3
judgment that an action against the County or an indemnified party for the matter 2'
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Public Utilities Division.
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and co
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.
r
•
•
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein L
set out verbatim: Contractor's Proposal, Insurance Certificate(s), ITB #16-6609-Sewage w
Hauling Specifications/Scope of Services and Exhibit A—Scope of Work. o
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County E
Commissioners.
C)
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
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19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows: .0
s
0
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE v
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 46
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS 0
AT: 01
Communication and Customer Relations Division =
3299 Tamiami Trail East, Suite 102 `
Naples, FL 34112-5746 3
N
Telephone: (239) 252-8383 CD
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0 The Contractor must specifically comply with the Florida Public Records Law to: `=-'
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0
1. Keep and maintain public records required by the public agency to perform the Y
service. E
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2. Upon request from the public agency's custodian of public records, provide the 4.
public agency with a copy of the requested records or allow the records to be 0
inspected or copied within a reasonable time at a cost that does not exceed the S.
cost provided in this chapter or as otherwise provided by law. v0
3. Ensure that public records that are exempt or confidential and exempt from E'
public records disclosure requirements are not disclosed except as authorized `g
by law for the duration of the contract term and following completion of the 0
contract if the Contractor does not transfer the records to the public agency. rn
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 a
w
records required by the public agency to perform the service. If the Contractor t
transfers all public records to the public agency upon completion of the contract, E
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
i agency. �^
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If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer. o
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
w
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to v
this Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
CD
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be �?
attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an E
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall v,
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 in
as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive o
jurisdiction on all such matters.
a)
E
25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete the Agreement on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet the
required service delivery dates.
Ory`.
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26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Invitation to Bid (ITB), the Contractor's
Proposal, and/or the County's Board approved Executive Summary, this Agreement
shall take precedence.
27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the o
obligations and responsibilities that Contractor has assumed toward the County.
0
28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management 0
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. cn
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 o
can be renewed each year at no cost to the Contractor during the time period in which w
their background check is valid, as discussed below. All technicians shall have on their
cn
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management o
Division via e-mail (DL-FMOPSe,colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four
(4) hours of separation may result in a deduction of$500 per incident.
is
A
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman 0
Dated:
(SEAL)
Southern Sanitation, Inc.
Contractor
0
v
By:
First Witness Signature
TType/print witness name TType/print signature and titieT
Second Witness
TType/print witness nameT
Q1
Approved as to Form and Legality: 0
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Assistant County Attorney
Print Name
:�
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I6.C.2.e
Detailed Scope of Work
The Contractor understands the requirements of the Department/Division relative to furnishing
both scheduled and emergency raw wastewater removal and disposal service.
A. Material:
1) The material primarily consists of raw untreated wastewater.
2) Other organics and plastics may be incorporated in the raw wastewater.
B. Method: °
1) The Contractor shall supply all equipment and labor to perform the required tasks, at no a)
additional cost to the County. 66
2) The Contractor must respond with an empty truck. (Partially loaded truck may be
accepted, at the County's discretion and approval, said approval will be documented on L
the invoice).
3) The Contractor shall remove raw wastewater from a lift station wet U
well/manhole/swale/collection area and dispose of it in a location designated by the
Collections Manager or a designee.
4) The material may NOT be dewatered onsite in any fashion.
5) The material must be hauled directly to the designated disposal location.
6) The Contractor shall be responsible for cleaning up any material spills in accordance with
State, Federal, and local regulations. The Contractor must equip their trucks with a spill (s
kit to be used in the event of a spill of raw wastewater, grease, scum, fuel, or any other e
discharge at all times while performing this Agreement. N
7) The Contractor shall maintain hauling records for a period of seven (7) years after the p
occurrence.
4-
C. Per Hour Rate for Pumping and Disposal Services: v,
a. The Contractor shall provide pumping and disposal work pursuant to the all-inclusive E
hourly rate, in Section 4 of the Agreement. y
b. The Contractor will be permitted to charge a two (2) hour minimum for trucks that were
requested by the County, arrived onsite within the required response timeframe, and .
were subsequently dismissed by the County without pumping or hauling waste.
E
D. Response Time and Availability:
1) The Contractor shall provide the County with a single, local, on-call telephone number for .
contact.
a. The Contractor must respond/return Wastewater Collections phone call within thirty
(30) minutes. E
b. The Contractor must arrive on-site with a minimum of two (2) trucks capable of 5
removing a minimum of 4,000 gallons each within one (1) hour of notification by County a
personnel.
c. The Contractor must have a minimum availability of two (2) trucks within four (4) hours
of notification.
2) The Contractor must be available on a twenty-four (24) hour basis, 365 days per year.
3) Should the Contractor fail to provide the requested service, the County reserves the right
to ask for and obtain said service from another contractor(s). Should the Primary be
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16.C.2.e
unable to provide the requested service within the timeframe requested by the County,
the County will contact the Secondary Contractor. Should both the Primary and
Secondary be unable to provide the requested service within the timeframe requested by
the County, the County reserves to procure the services from other Contractors.
E. Method of Disposal:
1) The Contractor will dispose of the material at a location designated by the Collections
Manager or a designee.
2) The Contractor has the sole responsibility to comply with any with local, state federal
and/or Department of Transportation (DOT) rules and laws and/or regulations in regards 2
of transportation and disposal of material removed, at no additional cost to the County.
3) Each load shall have a manifest signed by an agent of the Contractor and Department.
4) The disposal site shall be identified on the manifest for official records.
5) Compensation for transportation, labor and equipment is all inclusive in the per hour L
charge in Section 4 of the Agreement. Additional requests for compensation for disposal E'
will not be accepted. 0
F. Damage to Structures: z
1) Damage caused by the Contractor to pipes, manholes, property, or any other system =
appurtenances shall be repaired by the Department at the Contractor's expense.
a. The Contractor shall contact the Department immediately of any damage; failure to
contact the Department can result in termination of the Agreement. �!?
b. The Department will coordinate the repair and charge the Contractor for all associated 2
fees involved in such work.
G. Safety:
1) The Contractor has the sole responsibility to comply with all Federal, State, and local a'
OSHA rules, laws and/or regulations including best management practices. in
H. Payment:
1) Payment will be as per all-inclusive hourly rate, in Section 4 of the Agreement.
2) The Contractor shall invoice the Department on a monthly basis and the invoice shall
have a description of the: E'
a. Date and time of the work—start to finish
b. Location of work
3) Each invoice submitted for payment must be accompanied by the County supplied form
detailing loads for each truck (see Exhibit A: Collier County Sewage Hauling Tracking o
Form in the ITB #16-6609).
E
I. License:
1) All required licenses, permits, and insurance are to be maintained by the Contractor at all
times during the term of this Agreement.
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