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Agenda 04/27/2021 Item #16C 3 (RFP - Contract #20-7803 for Fuel Storage Tank Systems Testing and Services)
16.C.3 04/27/2021 EXECUTIVE SUMMARY Recommendation to award Request for Proposal No. 20-7803, "Fuel Storage Tank Systems Testing and Services," to Primary and Secondary Contractors, and authorize the Chair to sign the attached agreements. OBJECTIVE: To obtain: (1) material and services for scheduled, urgent and critical needs, while maintaining local, state, and federal compliance for County owned fuel storage tanks, and (2) ensuring that technicians are properly trained, licensed, and certified to provide inspection, testing, training, and maintenance services on the tanks, as well as repair or replace equipment and parts in accordance with the manufacturer's recommendations. CONSIDERATION: Fuel storage tank systems testing and services are coordinated by the Collier County Solid and Hazardous Waste Management Division for various Divisions of the County for aboveground and underground fuel storage tanks. Fuel storage tanks are used for standby emergency power generating systems, new or used oil storage, and vehicular or boat fueling. The tanks are located at 276 facilities throughout the County. Fuel type and tank capacities vary between sites. On October 8, 2020, the Procurement Services Division issued a notice of Request for Proposal ("RFP") #20-7803, Fuel Storage Tank Systems Testing and Service. The County notified nine thousand eight hundred thirty-nine (9,839) firms, fifty-four (54) firms viewed the solicitation package and the County received three proposals by the November 10, 2020 submission deadline. The County found all three proposers to be responsive and responsible. A selection committee met on January 8, 2021. The evaluation criteria included qualifications and proposers provided at least three references from clients of a similar size for which the firm provided services similar in scope and complexity within the past three years. After review of the proposals and deliberation, the committee shortlisted two firms. The selection committee reconvened on January 28, 2021, for oral presentations and responses outlined in the questions requested from the committee. The committee ranked the firms as listed in the below table. Proposers Final Ranking Guardian Fueling Technologies, LLC 1 JF Acquisitions, LLC- dba- JF Petroleum Group 2 Southern Tank and Pump. Co. N/A Award is recommended to Guardian Fueling Technologies, LLC, as the Primary Vendor, and JF Acquisitions, LLC d/b/a JF Petroleum Group, as the Secondary Vendor, subject to the Board's approval. The contractors' hourly rates for the requested services are comparable with those of other such firms. Staff concluded that the proposed rates are fair and competitive in the current market. The attached Agreement is grant compliant and will replace Agreement #18-7325, which is set to expire on July 9, 2021. With the Board's approval of RFP #20-7803, a termination letter will be emailed to the current vendor (Southern Tank and Pump Co.) under Agreement #18-7325. Attached Agreement #20-7803 provides for an initial three-year term, with two additional one-year renewal options. FISCAL IMPACT: The annual expenditure on this contract is estimated to be $239,000. Fuel tank owners will be responsible for payment of charges associated with using these contracted services from their respective budgets. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote Packet Pg. 665 16.C.3 04/27/2021 for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: Recommendation to award RFP # 20-7803, Fuel Storage Tank Systems Testing and Services to Guardian Fueling Technologies, LLC, as the Primary Vendor, and JF Acquisitions, LLC d/b/a JF Petroleum Group, Inc., as the Secondary Vendor, and authorize the Chair to sign the attached agreement and approve the termination of Agreement #18-7325, "Maintenance, Repair, and Testing for Fuel Storage," with Southern Tank and Pump Co. Prepared by: Phil Snyderburn, Environmental Compliance Manager, Solid & Hazardous Waste Management ATTACHMENT(S) 1.20-7803 Guardian Fueling Technology_Contract VendorSigned (PDF) 2.20-7803 Guardian Fueling Technology_Insurance_ 9-1-21 (PDF) 3.20-7803 JF Acquisition, LLC dba JFPetroleumGroup_Contract VendorSigned (PDF) 4.20-7803 JF Acquisition_Insurance_12-18-21 (PDF) 5.20-7803 - Solicitation Rev 6 (PDF) 6.20-7803 FINAL RANKING (PDF) 7. [Linked] 20-7803 JF Acquisitions, LLC-DBA-JF Petroleum Comined File (PDF) 8. [Linked] 20-7803 Guardian Fuel Technology - Combined file (PDF) 9.20-7083 NORA (PDF) Packet Pg. 666 16.C.3 04/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doe ID: 15399 Item Summary: Recommendation to award Request for Proposal No. 20-7803, "Fuel Storage Tank Systems Testing and Services," to Primary and Secondary Contractors, and authorize the Chair to sign the attached agreements. Meeting Date: 04/27/2021 Prepared by: Title: — Public Utilities Department Name: Drew Cody 03/24/2021 11:30 AM Submitted by: Title: — Solid and Hazardous Waste Name: Kari Hodgson 03/24/2021 11:30 AM Approved By: Review: Public Utilities Operations Support Donna Deeter Additional Reviewer Solid and Hazardous Waste Phil Snyderburn Additional Reviewer Public Utilities Operations Support Jennifer Morse Additional Reviewer Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Public Utilities Operations Support Joseph Bellone Additional Reviewer Procurement Services Deborah McCormick Additional Reviewer Solid and Hazardous Waste Kari Hodgson Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Procurement Services Evelyn Colon Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department Joseph Bellone Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer Completed 03/24/2021 11:38 AM Completed 03/24/2021 12:36 PM Completed 03/24/2021 4:09 PM Completed 03/24/2021 4:12 PM Completed 03/26/2021 12:53 PM Completed 03/26/2021 1:37 PM Completed 03/27/2021 9:07 AM Completed 03/28/2021 10:08 PM Completed 03/29/2021 8:02 AM Completed 03/30/2021 10:24 AM Completed 03/31/2021 2:53 PM Completed 04/05/2021 8:25 AM Completed 04/13/2021 2:19 PM Completed 04/13/2021 2:22 PM Completed 04/13/2021 2:28 PM Completed 04/19/2021 11:18 AM Packet Pg. 667 16.C.3 04/27/2021 County Manager's Office Board of County Commissioners Dan Rodriguez Level 4 County Manager Review Mary,lo Brock Meeting Pending Completed 04/19/2021 3:18 PM 04/27/2021 9:00 AM Packet Pg. 668 16.C.3.a FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7803 for Fuel Storage Tank Systems Testing and Service THIS AGREEMENT, made and entered into on this day of 2021 , by and between Guardian Fueling Technologies, LLC authorized to do business in the State of Florida, whose business address is 8452 Philips Hwy, Suite 2, Jacksonville, FL 32256 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑■ upon the date of Board approval and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) 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 two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑i Purchase Order ❑ ^!vtiva� t-^ Prvicee-- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the Irw�MF�nn fn_Ri� terms and conditions of 0 Request for Proposal (RFP) ❑ .,,r: -atil ., Bid 20-7803 ,including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with ExhifoR A - Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 669 16.C.3.a 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 FE-1 The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. .. ..... .. ,.,I - .. .... . �... - . . •• �. .. . — . — ...• — — — . on— - 1l—... .....� - —.... . i 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ic6 a u�re�''rvFzed-: F 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 markup). 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. F 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). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.I ) Packet Pg. 670 16.C.3.a 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. IN, IN NO 32 ' W-IN - •w 1. • _.r •• 1•.... • • ... , - ..I' ,� • - • • •• �. A .•. • `... • �. - - 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) f Packet Pg. 671 16.C.3.a Company Name: Guardian Fueling Technologies, LLC Address: 9452 Philips Hwy, Suite #2 Jacksonville FL 32256 Authorized Agent: Ken Weiss Vice President of Sales Attention Name & Title: Telephone: (904) 680-0850 E-Mail(s): Kweiss cC)guardianfueltech.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Kari Hodgson Division Name: Solid and Hazardous Waste Division Address: 3339 East Tamiami Trail, 3rd FL Naples, Florida 34112 Administrative Agent/PM: Phil Snyderburn, Manager -Environmental Compliance Telephone: (239) 252-5081 E-Mail(s): Phil. Snyderburnno.colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 672 16.C.3.a 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the 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 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. FMK 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. no 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. 0 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. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) k Packet Pg. 673 16.C.3.a �- ❑ Pr-efess+opal-Wab' ' e-4na+Rtained�h El F. 0 Pollution : Coverage shall have minimum limits of $1,000,000 per occurence & $2,000,000 aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 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 thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 674 16.C.3.a 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid and Hazardous Waste Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ■❑ Exhibit A Scope of Services, Exhibit B Fee Schedule, 0 RFP/ ❑ ITB/❑ Other #20-7803 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑N Other Exhibit/Attachment: Federal Contract Provisions and Assurances. 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 5 16.C.3.a located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8of17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) �,&1 Packet Pg. 676 16.C.3.a 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. FE-1 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. -_: - — —. — w• — all A — — M R.. I. •.. ,1� .}. Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 677 16.C.3.a .. .- w •- ., - w• -• •,,- - . w w. w. w w. � w w w w w w w - ,. w •..� ,w .. .,. •. ._ �.. w.� .. � w �. S". - w, •. _ IW-1-111 FFF w. • w ,• w _.n w •. 0 w. w w. �. w w .. _ . w .. �. �.._. �. •..• - 26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. ❑N PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 5 a ?f Packet Pg. 678 16.C.3.a foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. 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. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44,102, Fla. Stat. 33. 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. ._I U11: HOW Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) r� Packet Pg. 679 16.C.3.a FO-1 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 required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. - y bi:e -6 - - a a i - FNJ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) f, A11 Packet Pg. 680 16.C.3.a 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. 38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) r� Packet Pg. 681 16.C.3.a IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: (SEAL) Dated: Contractor's Witnesses: U�ntrabto s FirstWVitness eSSs e- ofrxj TType/print witne na eT Co is -Second Witness 40_Aa�de)6 TTyp /print witness nameT Approved as to Form and Legality County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 23 Penny Taylor , Chair Guardian Fueling Technologies, LLC Contractor DBA By: �� �)_� P Signature n 1�c11-,r:44 TType/print signature and titleT Page 14 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) U ro Q U) 06 r m ro E a� m Cn Y _ M I— a� U_ o� M Ln N _ za O _ ro �.i i w _ O U O 0 c m t— a� LL c M =a L M c� M O CO O N r_ N E L t) tQ r w Q Packet Pg. 682 16.C.3.a Exhibit A Scope of Services ri-I following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) +,„: Packet Pg. 683 16.C.3.a RFP# 20-7803 "Fuel Storage Tank Systems Testing and Service Exhibit A Scope of Services BACKGROUND The Contractor shall provide Collier County Solid and Hazardous Waste Management Division (Hereinafter, the "Division or Department") with aboveground and underground fuel storage tank testing and repair services. Fuel storage tanks are used as standby emergency power generating systems, new or used oil storage, and vehicular or boat fueling. The tanks are located at (276) facilities throughout the County. DETAILED SCOPE OF WORK Services shall include, but not be limited to, scheduled testing, inspections, training, maintenance, repairs and critical services. All services shall be performed in accordance with manufacturer recommendations, County requirements as well as State and Federal regulatory requirements. 1. COMPLIANCE All work must be compliant with the following: A. Florida Administrative Codes (FAC) • Code: 6G4-15.027 — Pollutant Storage System Specialty Contractors • Code: 62-761 — Underground Storage Tanks Systems (UST) • Code: 62-762 — Aboveground Storage Tanks Systems (AST) B. National Fire Prevention Association (NFPA) and Combustible Liquids Code • Code: 30 — Flammable and Combustible Liquids Code • Code:30A — Code for Motor Fuel Dispensing Facilities and Repair Garages C. Referenced Standards in 62-761/762, FAC • Petroleum Equipment Institute (PEI) • American Petroleum Institute (API) • Steel Tank Institute (STI) • Underwriters Laboratories (UL) • The American Society of Mechanical Engineers (ASME) • National Leak Prevention Association (NLPA) • American Concrete Institute (ACI) 2. LICENSES & CERTIFICATIONS A. The Contractor, shall possess, and maintain throughout the term of the Agreement period and any renewal periods, employee(s) of the company for manufacturer specific installation, maintenance and repair holding the following license and certifications (certified by the Department of Business and Professional Regulations). Proof shall be provided annually throughout the duration of the Agreement. A copy of the employee's license and/or certification confirms the employee will be able to perform work for the County under the resultant Agreement. It shall be the Contractor's responsibility to update the County with any employee changes regarding this requirement. • General Contractor's License • Pollutant Storage System Specialty Contractor (PSSSC) • Registered Precision Tank Tester (RQ) B. Contractor employee certification and / or licensing shall include, but not be limited to: • Veeder-Root Fuel Tank Monitor Systems • OMNTEC Fuel Tank Monitor Systems • INCON Fuel Tank Monitor Systems (Franklin Fueling Systems) • Pneumercator Fuel Tank Monitor Systems • OPW Fuel Tank Monitor System Page 1 of 5 Exhibit A — Scope of Services `: Packet Pg. 684 16.C.3.a C. Contractor and employees shall be properly licensed as required by Federal, State and Local regulations. 3. NEW EQUIPMENT & PARTS All equipment and parts provided and installed by the Contractor under the awarded Agreement shall be new and free of defects and may require County approval prior to installation. A. Equipment and parts provided and installed under the awarded Agreement must be listed on the most recent version of the Florida Department of Environmental Protection Approved/Registered Storage Tank System Equipment List unless the equipment is exempt from registration in 62-761/762, FAC. The Contractor must also have the ability to order and receive parts in a timely and effective manner. B. The County's Representative, shall coordinate with the Contractor the return of any surplus materials, supplies and equipment. 4. PROTECTION OF PROPERTY The Contractor shall ensure that the services are performed in such a manner as to not damage any property. In the event damage occurs to any property as a direct result of the Contractor or their subcontractor in the performance of the required services the Contractor shall repair or replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Contractor or their subcontractor has to be repaired or replaced by the County, the cost of such work will be deducted from the monies due to the Contractor. 5. INSPECTION & TESTING All required reports and testing shall be done in accordance with 62-761/762, FAC and NFPA 30/30A. A. Operability testing shall be performed as needed to certify the functionality of the fueling systems. B. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. C. Inspection and or test reports shall be provided to the County Representative within one week after the date of service via e-mail. The Contractor is responsible for obtaining confirmation from the County Representative that the report was received. Inspection and testing may include, but shall not be limited to: • Release Detection Devices • Line Leak Detector testing • Tank Tightness Testing (Primary Compartment) • Piping Tightness Testing (Primary Compartment) • Breach of Integrity Testing (BOI) tank, piping, sump and spill bucket • Hydrostatic Testing of Containment Sumps, Dispenser Sumps, and Submersible Turbine Pump Sumps • Inert Gas Testing Material • Calibration of Dispensers for Fuel • Overfill Prevention Valve (OPV) for Underground Storage Tanks (UST), Aboveground Storage Tanks (AST) with and without remote fill • High Level Alarm Testing • Mechanical Level Gauge Testing • Electronic Level Gauge Testing • Monthly Release Detection Checks 6. REPAIR & MAINTENANCE SERVICES A. Repair and maintenance services may include, but shall not be limited to: • Replacement of aged or damaged equipment including tanks • Installation and closure of tanks • Tank pressure washing • Tank painting (including corrosion removal and surface prepping) • Boot replacement in tank, dispenser, piping, and transition sumps • Spill containment replacement • Replacement of sensors for monitoring systems, gauges and/or alarms • Replacement sumps for dispenser, tank, transition and/or piping • Nozzle, valve and/or cap replacement(s) • Hose and/or Breakaway replacement Page 2 of 5 Exhibit A — Scope of Services Packet Pg. 685 16.C.3.a • Sump closure assessment sampling • Tank monitoring system software and firmware maintenance in accordance with manufacturer recommendations • Fuel Polishing B. Reports shall be provided to the County Representative within one week after the date of the service via email other than a closure assessment sampling report which is due within 6 weeks of the date of service. Contractor is responsible to obtain confirmation from the County Representative that the report was received. All required reporting shall be in accordance with 62-761/762, FAC and NFPA 30/30A. C. For projects where excavation or demolition will be performed, the Contractor shall follow Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety and the guidelines of the Sunshine State One Call of Florida. In the event of any damages to, or dislocation of, any utility in connection with an excavation, the Excavator shall immediately notify the County Representative and the utility owner. D. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. 7. WASTE DISPOSAL The Contractor shall be responsible for: • Removing all debris and unusable materials resulting from their work and as work progresses, or upon request by the County's Representative from the property. • Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod) • Dispose of all waste, solid or liquid, from County property in accordance with all Federal, State and Local laws and regulations. 8. DISCHARGE/SPILLS A. The Contractor shall take appropriate precautions against leaks, spills, overfills and other fuel discharges. In the event a discharge is deemed to have been caused by the Contractor while working on the storage tank system, the Contractor shall immediately notify the County Representative by phone call and follow up email detailing the discharge event's time and date, cause, amount discharged, impacted areas and environmental media contaminated (i.e. groundwater, surface water, soils). B. The Contractor shall immediately remediate the area in compliance with Florida Department of Environmental Protection (FDEP) requirements at no cost to the County. • Fuel spilled into overspill containments during nozzle connection and disconnection shall be appropriately recycled and not discharged onto the ground at the facility. • Spills exceeding one gallon shall be immediately reported to the County • Spills of 25 gallons or more onto pervious surfaces or 100 gallons or more onto impervious surfaces shall be immediately reported to the FDEP and the County • The Contractor shall be accountable to recover, assess and remediate fuel spills to a "no further assessments" determination by the FDEP and the County or a Site Rehabilitation Completion Order by the FDEP 9. PERMITS Where required, the Contractor shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. The Contractor must use a qualified engineer or company representative (with all related licenses and certifications being current and in full force and applicable jurisdiction) with the experience and ability to obtain all permits required for any and all repairs, when necessary and applicable. 10. SAFETY The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), and any other applicable rules and regulations. Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 11. COLLIER COUNTY SITES The Contractor shall note that Collier County has multiple sites, located within Collier County, Florida, that may place orders under the awarded Agreement. 12. ASSIGNMENT OF WORK Page 3 of 5 Exhibit A — Scope of Services Packet Pg. 686 16.C.3.a • The Contractor shall provide a company contact name, phone number and email address for normal business hour requests and for urgent or critical requests. • The Contractor shall be available twenty-four (24) hours per day, 365 days per year. • Projects with an estimated value under $50,000 shall be obtained from the Primary Contractor. If the Primary Contractor does not respond in the required time period for response (refer to Section 16. Response Times), the County may solicit a quote from the Secondary Contractor. • Projects with a County estimated value of $50,000 to $199,999 will require quotes from all awarded Contractors within the proper response times as listed below. Lowest quote shall be awarded the projects. Failure to submit a quote may be deemed a breach of the awarded Agreement and could result in termination with the Contractor. • Quote threshold under this Agreement shall not exceed $199,999 (Projects above $199,999 shall require a new solicitation.) • The County will issue a Purchase Order, no work shall be performed until the Contractor is in receipt of an approved Purchase Order, exceptions may be made by the County in an urgent or critical event. • Should the scope of work originally quoted change, it is both the Contractor and the County Representative's responsibility to assure a modified Purchase Order is issued. Failure to update the Purchase Order may delay payment. • A Purchase Order shall survive the awarded Agreement expiration to allow completion of services. 13. CONTRACTOR RATES All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all cost associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. 14. INVOICES The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase Order number. • Location of Service and any division/department reference number for the service. • Equipment and/or parts may be invoiced at cost plus 10% markup (markup does not apply to shipping or freight charges). All shipping or freight charges must have backup documentation. • Rentals may have a 10% markup and subcontractor invoice can be marked up 15% but the subcontractor hourly rate cannot exceed the Contractor's rate. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. • Equipment or parts with a single item amount of $100.00 or more shall require back-up documentation. Contractor must also have the ability to order and receive parts in a timely and effective manner 15. WORI{ HOURS Normal business hours shall be 7:00 am to 5:00 p.m., Monday through Friday, excluding County observed holidays. Hours outside of normal business hours, or hours during County requested urgent or critical work shall be considered overtime and charged at the rate of time and a half (1.5) hourly. County approval must be provided to the Contractor in writing prior to the start of work (or as soon as possible) for work that would be charged at the overtime rate. Overtime rate shall not exceed time and a half (1.5) hourly rate regardless of holiday, weekends, urgent or critical request. 16. RESPONSE TIMES Should the Primary Contractor fail to respond or perform within the required times below without obtaining a written time extension from the County, the County will request the service from the Secondary Contractor. Primary Contractor shall not have the right to invoice the County for any material or service related to the project they were excused from for failure to meet the response time. This shall apply to the Secondary Contractor as well. See Section 17 "Performance Measures" below for additional requirements. The County reserve the right to request service from all of the awarded Contractors, and if deemed necessary by the County, Contractors outside of the awarded Agreement, during a critical event. A. STANDARD REQUEST Page 4 of 5 Exhibit A — Scope of Services r n' `�' Packet Pg. 687 16.C.3.a The Contractor shall acknowledge a request for a quote via email within twenty-four (24) hours from the time the County issued the request. The Contractor shall provide a written quote to the Requestor via email within three (3) days of the initial request from the County. The Contractor shall start work within two (2) days after a valid Purchase Order has been emailed to the Contractor by an appropriate County Representative. If additional time is needed, the Contractor must obtain written approval for time extension from the appropriate County Representative, B. URGENT REQUEST • The Contractor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. • The Contractor shall be on -site within three (3) hours after the County's initial request, unless the County agrees to a different arrival time. A response time exceeding the three (3) hours must be approved in writing by an appropriate County Representative. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial urgent request. • The Contractor shall be paid time and a half (1.5) hourly rate for urgent requests regardless of the day or time the work is performed. C. CRITICAL REQUEST • The Contractor(s) shall acknowledge critical requests as outline in Urgent Request above. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial critical request. • Contractor(s) shall be paid time and a half (1.5) hourly rate for critical requests regardless of the day or time the work is performed. • The Contractor(s) shall assist the County with various preparations that may include, but shall not be limited to: ■ Isolating fueling components ■ Draining lines ■ Turning off valves ■ Anchoring equipment 17. PERFORMANCE MEASURES • Time is of the essence with respect to all provisions within the awarded Agreement. Any delay in performance, not approved in writing by an appropriate County Representative, shall constitute a material breach of the awarded Agreement. • The Contractor shall complete all work by the agreed completion date unless written approval for additional time is provided to the Contractor from the County Representative that is placing the order or their Designee. The County reserves the right to cancel an order, place the order with another contractor without cost or obligation to the County, if the order's delivery is not met without prior written time extension approval from the County. • The Contractor shall perform a joint inspection with the County upon completion of all work, unless waived by the County Representative or designee. The work shall not be deemed complete until all requested documentation has been provided to the County Representative or their designee. • In the event the work performance by the Contractor is unsatisfactory, the Contractor will be notified by the County and shall be given seven (7) calendar days to correct the work at no additional cost to the County. The County reserves the right to withhold monies owed until the work is completed to the County's satisfaction. Page 5 of 5 Exhibit A — Scope of Services ,01 Packet Pg. 688 16.C.3.a Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 689 16.C.3.a RFP# 20-7803 "Fuel Storage Tank Systems Testing and Service" Exhibit B FEE SCHEDULE GUARDIAN FUELING TECHNOLOGIES, LLC (PRIMARY CONTRACTOR) Item Description Unit/Rate Price 1 Superintendent Foreman er Hour "a-1- time I Hour $84.00 2 Certified Technician per Hour (straight time 1 Hour $84.00 3 General Laborer / Helper per Hour (straight time 1 Hour $74.00 4 Petroleum Contact Water Disposal(pergallon) 1 Gallon $1.25 5 Waste Petroleum / Fuel Disposal(pergallon) 1 Gallon $1.25 6 Fuel Polishing (pergallon) 1 Gallon $0.35 All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all cost associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. New Equipment and Parts Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% Urgent and Critical Markup Rate Time and a Half 1. Hourly • Surcharges and/or travel related expenses will not be accepted. • Quote threshold shall not exceed $199,999. Page 1 of 1 Exhibit B- Fee Schedule -, Packet Pg. 690 16.C.3.a Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances FN� following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 691 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June 1, 2020) EXHIBIT I - 1 Packet Pg. 692 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT 1- 2 Packet Pg. 693 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I - 3 Packet Pg. 694 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) (Over $10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. EXHIBIT I - 4 Packet Pg. 695 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (III) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law, The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name GUAr7rAk A , pup—\v% v�o�or�i�5 Date 11- q - 2.b2O Authorized Signature i > EXHIBIT I - 5 Packet Pg. 696 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBIL11TY aVOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR +n Signature EN WNtsS VP A SA 1e Name and Title Street Address ' 4d gem? wAr 3 22s� City, State, Zip �` sz9c�9 DUNS Number l t - 9 - 2020 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT 1- 6 Packet Pg. 697 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT siatussti14tievofied, UrwerrfabEeztatus"'Imqutrethp-MmEtogitherprouvdaarevmdstartefnenta,proMesourcedocumentaWhthat iwaYidges.a stator. A. PRIMEV. rNPOR/tIONTRACToRINFOI�MA,TI N ME NAME PRIME FEID HUMSER CONTt11CTDC7t1 AR,>114tOUr1fT PR GTHE FWME A FUMDA-MT)RED ;.5 JrTERAN �STHEACTIVfft't7FtHtS Q#ii'RIaGT_ f 1kNQfHTY_6i) WOMEN abwi?SSol-m sm- DBE7 Y CONSMU£TION'? :4 N (bBEll.itf MBE) OR HAVE ASMALIt51SAD ANTAGED. CON5UI. I)ON? Y H BU5itIESS8A CfAnF1C�SntSN#RGm-ni AALL$USINESS � Y ADM1NliiRAhb?O 4SMVJODISAUEdVETEA N't WBO Y ! {OTHER? v H o'jb on 8A4 Y Q j IS Tkf45UAM6SWf1 A RfVlStON2 Y lFYESpRERI51OjlttdrMaER A. 1F PRIME HAS OUR; iiNTti�ok Cift,5600 R WNC) tS �,615ADVA fACEri WNMTY, 1£ t tEhi.tS At Eta, t[ B JNESS, CO Gffii`t OR SEi tC£ Cii'S/t LEti 11£TERA , PR NIF, iS its �. WIPLETETt-1I5,3�1t`: SEC:,T7�7N DEtE M/WBE 5U8COrr7RACroRottsUPpUrR TypEoFWORK'oR ETtrNICMCOVE WBISUPPUEF.... PERA.EWOFCOHTRACT VETskm NAUF SPWALTT- is- Betuv+l D+oLLdR AMOt7iiT .^,, , WaARS TOTALS. C. SECTION TO PE GONIPLETED BY PRI ZE VENl O /CONTRATOt NAME.OFSU&MTT R UTAn TTTC£93f A,T9 ITTTER A/c, A)less moo E/Mi1L1tbORESS.OfipR1lVJ� ($U1}41$iTTF3l TEUYM) 9E NUMBBER FASt NtiINBF&. NOTE: This 0orn*Mon is usedtovask and report antmpated DBE;or muE O' rtnki*bniniedeiallydUndedcohtr2ds. if►z antiapeted D6E+?r MOE. moUnt•Is vofMtary and Kin! not become part ofdhe cawadUal terms. Thisform mtst be stibMiUedat tithedF response to a . salidtaoan. rf end whenaw; ded a cowAy u?ptract, the pi.ine Nnit beaded Wupdate the mfonnationior *.Zmnt t ompAancO Nes- D. SECTION TO BE, COMPLETED BY COLLIER COUNT! " �tiEPARTMENTRAME tDYIlfACUNTRlsCTOF&t P> urI�ofRM# ;5AWpii�RAMiCgWMCf '.7StGEPTED6Y: CATS 06 co FTN►7i�rj;Y . ;tritfr '. rRaticAmMlLan SA HispantcAmeritAt{ HA Nadvtdtgei►can raA Sufxont. Asian'Ametican ,SAA - � h>tianfixifK drrenerlcan aPA NtiA-t�narity warren nintw ; t7teier;'not,af myixhec gain Fisted] a EXHIBIT I - 7 Packet Pg. 698 EXHIBIT I - 7 Packet Pg. 698 16.C.3.a EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer exceeding 100000 The undersigned [Contractor) certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. C`ly�At(1� i i» iir+� �EC�n V10 C _ Contractor (Firm Name) Signature of Contractor's Authorized Official - Lin tt-iss U P A sy-t1,,, Name and Title of Contractor's Authorized Official _ _ll -g - 202-0 Date EXHIBIT I - 8 Packet Pg. 699 GUARFUE-01 16.C.3.b 144coRo CERTIFICATE OF LIABILITY INSURANCE FDATEMIDD/YYYY)(M /23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). N PRODUCER CONTACT PHONE FAX (A/C, No, Ext): (404) 252-8860 (A/C, No):(404) 252-8834 Tanner, Ballew and Maloof, Inc. 5871 Glenridge Dr Suite 400 ADDRESS: U) Atlanta, GA 30328 INSURERS AFFORDING COVERAGE NAIC # 06 INSURER A: Mid -Continent Casualty Co c INSURED INSURER B : The Travelers Indemnity Company of America 25666 N INSURER C : Nautilus Insurance Company Guardian Fueling Technologies LLC 17370 0) INSURER D: Wesco Insurance Company 9452 Philips Hwy Ste 2 25011 N Jacksonville, FL 32256 E INSURER E: (D INSURER F : a+ N COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W D POLICY NUMBER POLICY EFF MM DD YYYY POLICY EXP MM DD YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X 04GL1046168 9/1/2020 9/1/2021 DAMAGE TO RENTED PREMISES Ea occurrence 100,1 $ X MED EXP (Any oneperson) $ EXclu( Pollution Liability X Professional Liab PERSONAL & ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICY X PRO - POLICY LOC PRODUCTS - COMP/OP AGG $ 2,000,1 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,1 $ X BODILY INJURY Perperson) $ ANY AUTO X 810-1 R667854 9/1/2020 9/1/2021 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,1 AGGREGATE $ 5,000,1 EXCESS LIAB CLAIMS -MADE FFX203291910 9/1/2020 9/1/2021 DED X RETENTION $ 0 $ D W KERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A WWC3492585 9/1/2020 9/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,1 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,1 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 20-7803 Fuel Storage Tank Systems Testing and Service Collier County Board of County Commissioners, OR, Board of Count Commissioners in Collier County, OR, Collier County Government, OR, Collier County are included as additional insured with respect to general liability and auto liability on a primary and non-contributory basis as required by written contract per the attached. General liability coverage is primary and non-contributory. 30 day notice of cancellation, 10 for non-payment of premium. Collier County Board of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 700 COMMERCIAL AUTO 16.C.3.b THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 08 17 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Packet Pg. 701 16.C.3.b COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Q Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 © 2009 The Travelers Companies, Inc. Packet Pg. 702 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 16.C.3.b COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (1) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, Page 2 of 4 © 2009 The Travelers Companies, Inc. C Packet Pg. 703 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 16.C.3.b and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of Z The following replaces the last sentence of Para- SECTION IV — BUSINESS AUTO CONDITIONS: graph AA.b., Loss Of Use Expenses, of SEC- Q TION III — PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or "loss" ap- However, the most we will pay for any expenses plies only when the "accident' or "loss" is known for loss of use is $65 per day, to a maximum of to: $750 for any one "accident'. (a) You (if you are an individual); CA T3 53 06 09 © 2009 The Travelers Companies, Inc. Packet Pg. 704 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 16.C.3.b COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or 'loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2009 The Travelers Companies, Inc. C Packet Pg. 705 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 16.C.3.b WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of transfer of rights of recovery against others. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of Section IV - Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. MIL 10 80 (07 11) Page 1 of 1 Packet Pg. 706 16.C.3.b THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that insured. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by written "insured contract", the insurance afforded to such additional insured will not be broader than that which you are required by the written "insured contract' to provide for such additional insured. ML 10 81 (04 13) Page 1 of 1 Packet Pg. 707 16.C.3.c FIXED TERM SERVICE MULTI -CONTRACTOR AWARD AGREEMENT # 20-7803 for Fuel Storage Tank Systems Testing and Service THIS AGREEMENT, made and entered into on this day of 2021 by and between JF Acquisition, LLC d/b/a JF Petroleum Group authorized to do business in the State of Florida, whose business address is 100 Perimeter Park Dr., Morrisville, NC 27560 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing 0 upon the date of Board approval D on nd terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) 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 two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) ❑ ❑ O+hr ( ) # 20-7803 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) ,,t Packet Pg. 708 16.C.3.c 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 ❑& The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ❑ ei' Gd 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): , hEAAFlis authorized. 0■ 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 markup). 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. 0 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). Page 2 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 709 16.C.3.c 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. lie- I loll IN 11161 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) 'CA t Packet Pg. 710 16.C.3.c Company Name: JF Acquisition, LLC d/b/a JF Petroleum Group Address: 100 Perimeter Park Dr. Morrisville NC 27560 Authorized Agent: David Whittington / Keith Shadrick Attention Name & Title: Dale Hobqood / Roger Hensen Telephone: (813) 528-2580/ (919) 746-6745 E-Mail(s): dhobgoodaifpetrogroup.com/sbernstein@ifpetrogroup.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Kari Hodgson Division Name: Solid and Hazardous Waste Division Address: 3339 East Tamiami Trail 3rd FL Naples, Florida 34112 Administrative Agent/PM: Phil Snyderburn, Manager -Environmental Compliance Telephone: (239) 252-5081 E-Mail(s): Phil. Snyderburn ,colIiercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 711 16.C.3.c 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the 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 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. F 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. F 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. FE-1 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. Page 5 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 712 16.C.3.c F. f■ Pollution : Coverage shall have minimum limits of $1,000,000 per Occurrence & $2,000,000 Aggregate. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 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 thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Tenn Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 713 16.C.3.c 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid and Hazardous Waste Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ■❑ Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑■ RFP/ ❑ ITB/❑ C)fke%r # 20-7803 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and 0 Other Exhibit/Attachment: Federal Contract Provisions and Assurances. 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 714 16.C.3.c located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. Page 8 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 715 16.C.3.c 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. M CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,_ EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. JMr ._ .- 7e Page 9 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 716 16.C.3.c .-M-75 w- .. .VIVA. .- , .. �.�.C. - Fro 26. 0 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. 0 PROTECTION OF WORK, A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi -Contractor Agreement 2017,008 (Ver.1) r Packet Pg. 717 16.C.3.c foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. 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. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. 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. - - w• .w. w ,... •. - C � 'L' �. w •• � � w .-. .. �.._ - � _ r w r .. r • . - .. � � r � G � .. r -..., .. •-. .+_ •9 e*C r.,.. w4. w r C^�'-- '��' :r•� 4 0- a.•._.. .�.¢. r. r. sQ...�-.'�" Page 11 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 718 16.C.3.c FW 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 required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Morm M0 C RN 0 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 719 16.C.3.c 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. 38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.I ) Packet Pg. 720 16.C.3.c IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller (SEAL) Dated: Contractor's Witnesses: 0- /oo'ntr ctor's Fi t Witness '�,v TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor JF Acquisition, LLC Contractor JF Petroleum Group DBA Signature TType/print signature and titleT Page 14 of 17 Chair Fixed Term Service Mniti-Contractor Agreement 2017.008 (Ver.1) Q Packet Pg. 721 16.C.3.c Exhibit A Scope of Services F■ following this page (pages 1 through 5 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.l) Packet Pg. 722 16.C.3.c RFP# 20-7803 "Fuel Storage Tank Systems Testing and Service Exhibit A Scope of Services BACKGROUND The Contractor shall provide Collier County Solid and Hazardous Waste Management Division (Hereinafter, the "Division or Department") with aboveground and underground fuel storage tank testing and repair services. Fuel storage tanks are used as standby emergency power generating systems, new or used oil storage, and vehicular or boat fueling. The tanks are located at (276) facilities throughout the County. DETAILED SCOPE OF WORK Services shall include, but not be limited to, scheduled testing, inspections, training, maintenance, repairs and critical services. All services shall be performed in accordance with manufacturer recommendations, County requirements as well as State and Federal regulatory requirements. 1. COMPLIANCE All work must be compliant with the following: A. Florida Administrative Codes (FAC) • Code: 6G4-15.027 — Pollutant Storage System Specialty Contractors • Code: 62-761 — Underground Storage Tanks Systems (UST) • Code: 62-762 — Aboveground Storage Tanks Systems (AST) B. National Fire Prevention Association (NFPA) and Combustible Liquids Code • Code: 30 — Flammable and Combustible Liquids Code • Code:30A — Code for Motor Fuel Dispensing Facilities and Repair Garages C. Referenced Standards in 62-761/762, FAC • Petroleum Equipment Institute (PEI) • American Petroleum Institute (API) • Steel Tank Institute (STI) • Underwriters Laboratories (UL) • The American Society of Mechanical Engineers (ASME) • National Leak Prevention Association (NLPA) • American Concrete Institute (ACI) 2. LICENSES & CERTIFICATIONS A. The Contractor, shall possess, and maintain throughout the term of the Agreement period and any renewal periods, employee(s) of the company for manufacturer specific installation, maintenance and repair holding the following license and certifications (certified by the Department of Business and Professional Regulations). Proof shall be provided annually throughout the duration of the Agreement. A copy of the employee's license and/or certification confirms the employee will be able to perform work for the County under the resultant Agreement. It shall be the Contractor's responsibility to update the County with any employee changes regarding this requirement. • General Contractor's License • Pollutant Storage System Specialty Contractor (PSSSC) • Registered Precision Tank Tester (RQ) B. Contractor employee certification and / or licensing shall include, but not be limited to: • Veeder-Root Fuel Tank Monitor Systems • OMNTEC Fuel Tank Monitor Systems • INCON Fuel Tank Monitor Systems (Franklin Fueling Systems) • Pneumercator Fuel Tank Monitor Systems • OPW Fuel Tank Monitor System Page 1 of 5 Exhibit A — Scope of Services Packet Pg. 723 16.C.3.c C. Contractor and employees shall be properly licensed as required by Federal, State and Local regulations. 3. NEW EQUIPMENT & PARTS All equipment and parts provided and installed by the Contractor under the awarded Agreement shall be new and free of defects and may require County approval prior to installation. A. Equipment and parts provided and installed under the awarded Agreement must be listed on the most recent version of the Florida Department of Environmental Protection Approved/Registered Storage Tank System Equipment List unless the equipment is exempt from registration in 62-761/762, FAC. The Contractor must also have the ability to order and receive parts in a timely and effective manner. B. The County's Representative, shall coordinate with the Contractor the return of any surplus materials, supplies and equipment. 4. PROTECTION OF PROPERTY The Contractor shall ensure that the services are performed in such a manner as to not damage any property. In the event damage occurs to any property as a direct result of the Contractor or their subcontractor in the performance of the required services the Contractor shall repair or replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Contractor or their subcontractor has to be repaired or replaced by the County, the cost of such work will be deducted from the monies due to the Contractor. 5. INSPECTION & TESTING All required reports and testing shall be done in accordance with 62-761/762, FAC and NFPA 30/30A. A. Operability testing shall be performed as needed to certify the functionality of the fueling systems. B. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. C. Inspection and or test reports shall be provided to the County Representative within one week after the date of service via e-mail. The Contractor is responsible for obtaining confirmation fi•om the County Representative that the report was received. Inspection and testing may include, but shall not be limited to: • Release Detection Devices • Line Leak Detector testing • Tank Tightness Testing (Primary Compartment) • Piping Tightness Testing (Primary Compartment) • Breach of Integrity Testing (BOI) tank, piping, sump and spill bucket • Hydrostatic Testing of Containment Sumps, Dispenser Sumps, and Submersible Turbine Pump Sumps • Inert Gas Testing Material • Calibration of Dispensers for Fuel • Overfill Prevention Valve (OPV) for Underground Storage Tanks (UST), Aboveground Storage Tanks (AST) with and without remote fill • High Level Alarm Testing • Mechanical Level Gauge Testing • Electronic Level Gauge Testing • Monthly Release Detection Checks 6. REPAIR & MAINTENANCE SERVICES A. Repair and maintenance services may include, but shall not be limited to: • Replacement of aged or damaged equipment including tanks • Installation and closure of tanks • Tank pressure washing • Tank painting (including corrosion removal and surface prepping) • Boot replacement in tank, dispenser, piping, and transition sumps • Spill containment replacement • Replacement of sensors for monitoring systems, gauges and/or alarms • Replacement sumps for dispenser, tank, transition and/or piping • Nozzle, valve and/or cap replacement(s) • Hose and/or Breakaway replacement Page 2 of 5 Exhibit A — Scope of Services Packet Pg. 724 16.C.3.c • Sump closure assessment sampling • Tank monitoring system software and firmware maintenance in accordance with manufacturer recommendations • Fuel Polishing B. Reports shall be provided to the County Representative within one week after the date of the service via email other than a closure assessment sampling report which is due within 6 weeks of the date of service. Contractor is responsible to obtain confirmation from the County Representative that the report was received. All required reporting shall be in accordance with 62-761/762, FAC and NFPA 30/30A. C. For projects where excavation or demolition will be performed, the Contractor shall follow Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety and the guidelines of the Sunshine State One Call of Florida. In the event of any damages to, or dislocation of, any utility in connection with an excavation, the Excavator shall immediately notify the County Representative and the utility owner. D. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. 7. WASTE DISPOSAL The Contractor shall be responsible for: • Removing all debris and unusable materials resulting from their work and as work progresses, or upon request by the County's Representative from the property. • Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod) • Dispose of all waste, solid or liquid, from County property in accordance with all Federal, State and Local laws and regulations. 8. DISCHARGE/SPILLS A. The Contractor shall take appropriate precautions against leaks, spills, overfills and other fuel discharges. In the event a discharge is deemed to have been caused by the Contractor while working on the storage tank system, the Contractor shall immediately notify the County Representative by phone call and follow up email detailing the discharge event's time and date, cause, amount discharged, impacted areas and environmental media contaminated (i.e. groundwater, surface water, soils). B. The Contractor shall immediately remediate the area in compliance with Florida Department of Environmental Protection (FDEP) requirements at no cost to the County. • Fuel spilled into overspill containments during nozzle connection and disconnection shall be appropriately recycled and not discharged onto the ground at the facility. • Spills exceeding one gallon shall be immediately reported to the County • Spills of 25 gallons or more onto pervious surfaces or 100 gallons or more onto impervious surfaces shall be immediately reported to the FDEP and the County • The Contractor shall be accountable to recover, assess and remediate fuel spills to a "no further assessments" determination by the FDEP and the County or a Site Rehabilitation Completion Order by the FDEP 9. PERMITS Where required, the Contractor shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. The Contractor must use a qualified engineer or company representative (with all related licenses and certifications being current and in full force and applicable jurisdiction) with the experience and ability to obtain all permits required for any and all repairs, when necessary and applicable. 10. SAFETY The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), and any other applicable rules and regulations. Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 11. COLLIER COUNTY SITES The Contractor shall note that Collier County has multiple sites, located within Collier County, Florida, that may place orders under the awarded Agreement. 12. ASSIGNMENT OF WORK Page 3 of 5 Exhibit A — Scope of Services Packet Pg. 725 16.C.3.c • The Contractor shall provide a company contact name, phone number and email address for normal business hour requests and for urgent or critical requests. • The Contractor shall be available twenty-four (24) hours per day, 365 days per year. • Projects with an estimated value under $50,000 shall be obtained from the Primary Contractor. If the Primary Contractor does not respond in the required time period for response (refer to Section 16. Response Times), the County may solicit a quote from the Secondary Contractor. • Projects with a County estimated value of $50,000 to $199,999 will require quotes from all awarded Contractors within the proper response times as listed below. Lowest quote shall be awarded the projects. Failure to submit a quote may be deemed a breach of the awarded Agreement and could result in termination with the Contractor. • Quote threshold under this Agreement shall not exceed $199,999 (Projects above $199,999 shall require a new solicitation.) • The County will issue a Purchase Order, no work shall be performed until the Contractor is in receipt of an approved Purchase Order, exceptions may be made by the County in an urgent or critical event. • Should the scope of work originally quoted change, it is both the Contractor and the County Representative's responsibility to assure a modified Purchase Order is issued. Failure to update the Purchase Order may delay payment. • A Purchase Order shall survive the awarded Agreement expiration to allow completion of services. 13. CONTRACTOR RATES All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all cost associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. 14. INVOICES The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase Order number. • Location of Service and any division/department reference number for the service. • Equipment and/or parts may be invoiced at cost plus 10% markup (markup does not apply to shipping or freight charges). All shipping or freight charges must have backup documentation. • Rentals may have a 10% markup and subcontractor invoice can be marked up 15% but the subcontractor hourly rate cannot exceed the Contractor's rate. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. • Equipment or parts with a single item amount of $100.00 or more shall require back-up documentation. Contractor must also have the ability to order and receive parts in a timely and effective manner 15. WORK HOURS Normal business hours shall be 7:00 am to 5:00 p.m., Monday through Friday, excluding County observed holidays. Hours outside of normal business hours, or hours during County requested urgent or critical work shall be considered overtime and charged at the rate of time and a half (1.5) hourly. County approval must be provided to the Contractor in writing prior to the start of work (or as soon as possible) for work that would be charged at the overtime rate. Overtime rate shall not exceed time and a half (1.5) hourly rate regardless of holiday, weekends, urgent or critical request. 16. RESPONSE TIMES Should the Primary Contractor fail to respond or perform within the required times below without obtaining a written time extension from the County, the County will request the service from the Secondary Contractor. Primary Contractor shall not have the right to invoice the County for any material or service related to the project they were excused from for failure to meet the response time. This shall apply to the Secondary Contractor as well. See Section 17 "Performance Measures" below for additional requirements. The County reserve the right to request service from all of the awarded Contractors, and if deemed necessary by the County, Contractors outside of the awarded Agreement, during a critical event. A. STANDARD REQUEST Page 4 of 5 Exhibit A — Scope of Services Packet Pg. 726 16.C.3.c The Contractor shall acknowledge a request for a quote via email within twenty-four (24) hours from the time the County issued the request. The Contractor shall provide a written quote to the Requestor via email within three (3) days of the initial request from the County. The Contractor shall start work within two (2) days after a valid Purchase Order has been emailed to the Contractor by an appropriate County Representative. If additional time is needed, the Contractor must obtain written approval for time extension from the appropriate County Representative. B. URGENT REQUEST • The Contractor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. • The Contractor shall be on -site within three (3) hours after the County's initial request, unless the County agrees to a different arrival time. A response time exceeding the three (3) hours must be approved in writing by an appropriate County Representative. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial urgent request. • The Contractor shall be paid time and a half (1.5) hourly rate for urgent requests regardless of the day or time the work is performed. C. CRITICAL REQUEST • The Contractor(s) shall acknowledge critical requests as outline in Urgent Request above. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial critical request. • Contractor(s) shall be paid time and a half (1.5) hourly rate for critical requests regardless of the day or time the work is performed. • The Contractor(s) shall assist the County with various preparations that may include, but shall not be limited to: ■ Isolating fueling components ■ Draining lines ■ Turning off valves ■ Anchoring equipment 17. PERFORMANCE MEASURES • Time is of the essence with respect to all provisions within the awarded Agreement. Any delay in performance, not approved in writing by an appropriate County Representative, shall constitute a material breach of the awarded Agreement. • The Contractor shall complete all work by the agreed completion date unless written approval for additional time is provided to the Contractor from the County Representative that is placing the order or their Designee. The County reserves the right to cancel an order, place the order with another contractor without cost or obligation to the County, if the order's delivery is not met without prior written time extension approval from the County. • The Contractor shall perform a joint inspection with the County upon completion of all work, unless waived by the County Representative or designee. The work shall not be deemed complete until all requested documentation has been provided to the County Representative or their designee. • In the event the work performance by the Contractor is unsatisfactory, the Contractor will be notified by the County and shall be given seven (7) calendar days to correct the work at no additional cost to the County. The County reserves the right to withhold monies owed until the work is completed to the County's satisfaction. Page 5 of 5 Exhibit A — Scope of Services Packet Pg. 727 16.C.3.c Exhibit B Fee Schedule following this page (pages 1 through Page 16 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.I ) Packet Pg. 728 16.C.3.c RFP# 20-7803 "Fuel Storage Tank Systems Testing and Service" Exhibit B FEE SCHEDULE H ACQUISITION, LLC D/B/A H PETROLEUM GROUP (SECONDARY CONTRACTOR) Item Description Unit/Rate Price 1 Superintendent Foremanper Hour (straight time 1 Hour $89.00 2 Certified Technician per Hour straight time 1 Hour $79.00 3 General Laborer / Helper per Hour (straight time I Hour $69.00 4 Petroleum Contact Water Disposal(pergallon) 1 Gallon $1.25 5 Waste Petroleum / Fuel Disposal(pergallon) 1 Gallon $1.25 6 Fuel Polishing (pergallon) 1 Gallon $0.50 All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all cost associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. New Equipment and Parts Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% Urgent and Critical Markup Rate Time and a Half 1.5 Hourly • Surcharges and/or travel related expenses will not be accepted. • Quote threshold shall not exceed $199,999. Page 1 of 1 Exhibit B- Fee Schedule Packet Pg. 729 16.C.3.c Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances F following this page (pages 1 through 8 ) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi -Contractor Agreement 2017.008 (Ver.1) Packet Pg. 730 16.C.3.c EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June 1, 2020) EXHIBIT I - 1 Packet Pg. 731 16.C.3.c EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I - 2 Packet Pg. 732 16.C.3.c EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I - 3 R. Al Packet Pg. 733 16.C.3.c EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) (Over $10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. EXHIBIT I - 4 Packet Pg. 734 16.C.3.c Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification Solicitation 20-7803 This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name D/N/A Date Authorized Signature EXHIBIT I - 5 10/9/2020 2:01 PM p• 57 Packet Pg. 735 16.C.3.c Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions Solicitation 20-7803 (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR JF Acquisition, LLC Signature Steve Bernstein / VP of Commercial Sales Name and Title 100 Perimeter Park Dr., Suite H Street Address Morrisville, NC 27560 City, State, Zip 05-504-4028 DUNS Number Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 6 10/9/2020 2:01 PM p. 58 Packet Pg. 736 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be vetifi-ed. Unvefifable statusese; 3 require the PRITVIE to either proiMe a revised statement or provide source documentation that valiclates a A. PRIME VENDOR/CONTRACTOR INFORMATION BUSINESS aA CERWICAT)ON FROM THE SMALL BUSINESS IVISP 9 BUSINESS CONCERN OR SERVICE DISABLEI) VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION VETERAN NAME (see Belbw) DOLLAR AMOUNT D 0 LUL A1165 CSECTION TO BE COMPLETED BY PRIME VEND OR/CONTRACTOR NAME OF SUBI-InTER DATE T1711E OF SUBMI717TER Dale Hobgood 03-11-2021 Commercial Sales EMAIL ADDRESS OF PRIME ISUBMFrrER) TELEPHONE NUMBER FAY.NUMBER NOTE: This infonnationis; used to ttack and report anti4pated DBE 001 1,15 E PartidPMion in f--derally-funded contracts. The anticipated DBE or M BE amount is volunt-ari and will not become part of the contnictual terms. This form must be submitted a! time of response to a soficitation, d and vhen awaided a Countf contract, the prime %vill be aslied to update the information 'or the grant compliance files. I u"Niclity "CODE, Wspanic,&-mefican HA native American NA Subcont. Asian American SAA D. SECTION TO BE COMPLETED BY COLLIER COUNTY 71 I[ACCEPTED BY: I DATE EXHIBIT 7 16.C.3.c Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: Solicitation 20-7803 1, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. in addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. NONE Contractor (Firm Name) w r, Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date EXHIBIT I - 8 10/9/2020 2:01 PM p. 60 Packet Pg. 738 I 16.C.3.d I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dixie Pinckney Scott Insurance - Greensboro PHONE FAX 628 Green Valley Road AIC No Ext : 336-510-0090 A/C No): 434-455-8535 Suite 306 ADDRESS: dpinckney@scottins.com Greensboro NC 27408 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: Evanston Insurance Company A 35378 INSURED JONE&FR-01 JF Acquisition LLC dba JF Petroleum Group 100 Perimeter Park Drive Suite H Morrisville NC 27560 INSURER B: Westchester Surplus Lines Insurance Company 10172 INsuRERc: Amerisure Mutual Insurance Company A 23396 INSURERD: ACE American Insurance Company A++ 22667 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER:401261323 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y G46846217 004 12/18/2020 12/18/2021 EACH OCCURRENCE $ 1,000,000 F_V� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur RENTED nte)$ 1,000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO - JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible BI/PD $ 10,000 OTHER: D AUTOMOBILE LIABILITY H08473122 002 12/18/2020 12/18/2021 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A B UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE MKLV2EFX100608 G71769446 002 12/18/2020 12/18/2020 12/18/2021 12/18/2021 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 DED RETENTION $ 2nd Excess Layer $ 4,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC 21136290102 12/18/2020 12/18/2021 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Pollution Liability G46846217 004 12/18/2020 12/18/2021 Ea.Incident Limit/Ded $1,000,000/$25,0( Professional Liability Ea.Wrongful Act/Ded. $1,000,000/$25,0( Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contractors Equipment written with Travelers Property Casualty Company of American (A+), Policy Number QT-630-9J500486-TIL-20, Term dates 12/18/202 - 12/18/2021, Limit of $350,000 for Leased or Rented Equipment with $5,000 Deductible except $10,000 for theft. Installation Floater written with Travelers Property Casualty Company of American (A+), Policy Number QT-630-9J500486-TIL-20, Term dates 12/18/2020 - 12/18/2021, Limit of $1,000,000 per Job with $5,000 Deductible Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County are additional insureds as respects general and auto liability if required by written contract. General Liability and Auto Liability are primary and non -contributor if required by written contract CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 739 16.C.3.e Collier CoHnty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE SOLICITATION NO.: 20-7803 DEBORAH MCCORMICK, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Deborah.McCormick@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 740 16.C.3.e SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 20-7803 PROJECT TITLE: FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE PRE -PROPOSAL CONFERENCE: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: TUESDAY, NOVEMBER 10,2020 (& 10:00 A.M. EST. PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hLtps://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Solid & Hazardous Waste Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified contractor(s) in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $239,000.00 annually; however, this may not be indicative of future buying patterns. BACKGROUND The Contractor shall provide Collier County Solid and Hazardous Waste Management Division (Hereinafter, the "Division or Department") with aboveground and underground fuel storage tank testing and repair services. Fuel storage tanks are used as standby emergency power generating systems, new or used oil storage, and vehicular or boat fueling. The tanks are located at (276) facilities throughout the County. Fuel type and tank capacities vary between sites and are further detailed on the Attachment A, Collier County Flammable and Combustible Tanks. TERM OF CONTRACT The Agreement term, if an award(s) is/are made is intended to be for three (3) year with two (2) one (1) year renewals. Prices shall remain firm for the initial term of this Agreement. Surcharges and/or travel and related expenses will not be accepted in conjunction with the awarded Agreement. The County Representative, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Representative or designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery, provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with Contractor. DETAILED SCOPE OF WORK Services shall include, but not be limited to, scheduled testing, inspections, training, maintenance, repairs and critical services. All services shall be performed in accordance with manufacturer recommendations, County requirements as well as State and Federal regulatory requirements. Q 2 Packet Pg. 741 16.C.3.e 1. COMPLIANCE All work must be compliant with the following: A. Florida Administrative Codes (FAC) • Code: 6G4-15.027 — Pollutant Storage System Specialty Contractors • Code: 62-761 — Underground Storage Tanks Systems (UST) • Code: 62-762 — Aboveground Storage Tanks Systems (AST) B. National Fire Prevention Association (NFPA) and Combustible Liquids Code • Code: 30 — Flammable and Combustible Liquids Code • Code:30A — Code for Motor Fuel Dispensing Facilities and Repair Garages C. Referenced Standards in 62-761/762, FAC • Petroleum Equipment Institute (PEI) • American Petroleum Institute (API) • Steel Tank Institute (STI) • Underwriters Laboratories (UL) • The American Society of Mechanical Engineers (ASME) • National Leak Prevention Association (NLPA) • American Concrete Institute (ACI) 2. LICENSES & CERTIFICATIONS A. The Contractor, at the time of proposal submittal, shall possess, and maintain throughout the term of the Agreement period and any renewal periods, employee(s) of the company for manufacturer specific installation, maintenance and repair holding the following license and certifications (certified by the Department of Business and Professional Regulations). Proof shall be provided upon proposal submittal or before a notice of recommend award is made and shall be provided annually throughout the duration of the Agreement. A copy of the employee's license and/or certification confirms the employee will be able to perform work for the County under the resultant Agreement. It shall be the Contractor's responsibility to update the County with any employee changes regarding this requirement. • General Contractor's License • Pollutant Storage System Specialty Contractor (PSSSC) • Registered Precision Tank Tester (RQ) B. Contractor employee certification and / or licensing shall include, but not be limited to: • Veeder-Root Fuel Tank Monitor Systems • OMNTEC Fuel Tank Monitor Systems • INCON Fuel Tank Monitor Systems (Franklin Fueling Systems) • Pneumercator Fuel Tank Monitor Systems • OPW Fuel Tank Monitor System C. Contractor shall be licensed to operate a business in Collier County. A copy of the business tax license shall be provided upon proposal submittal or before a notice of recommend award is made. D. Contractor and employees shall be properly licensed as required by Federal, State and Local regulations. 3. NEW EQUIPMENT & PARTS All equipment and parts provided and installed by the Contractor under the awarded Agreement shall be new and free of defects and may require County approval prior to installation. A. Equipment and parts provided and installed under the awarded Agreement must be listed on the most recent version of the Florida Department of Environmental Protection Approved/Registered Storage Tank System Equipment List unless the equipment is exempt from registration in 62-761/762, FAC. The Contractor must also have the ability to order and receive parts in a timely and effective manner. B. The County's Representative, shall coordinate with the Contractor the return of any surplus materials, supplies and equipment. 4. PROTECTION OF PROPERTY The Contractor shall ensure that the services are performed in such a manner as to not damage any property. In the event damage occurs to any property as a direct result of the Contractor or their subcontractor in the performance of the required services the Contractor shall repair or replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Contractor or their subcontractor has to be repaired or replaced by the County, the cost of such work will be deducted from the monies due to the Contractor. U! m r m a� c :r tl! H E d c H m a_ as rn M LO 0 a) c 0 4a M 2 0 M 0 ao ti 0 N C m E z M Q Packet Pg. 742 16.C.3.e 5. INSPECTION & TESTING All required reports and testing shall be done in accordance with 62-761/762, FAC and NFPA 30/30A. A. Operability testing shall be performed as needed to certify the functionality of the fueling systems. B. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. C. Inspection and or test reports shall be provided to the County Representative within one week after the date of service via e-mail. The Contractor is responsible for obtaining confirmation from the County Representative that the report was received. Inspection and testing may include, but shall not be limited to: • Release Detection Devices • Line Leak Detector testing • Tank Tightness Testing (Primary Compartment) • Piping Tightness Testing (Primary Compartment) • Breach of Integrity Testing (BOI) tank, piping, sump and spill bucket • Hydrostatic Testing of Containment Sumps, Dispenser Sumps, and Submersible Turbine Pump Sumps U • Inert Gas Testing Material i4) • Calibration of Dispensers for Fuel • Overfill Prevention Valve (OPV) for Underground Storage Tanks (UST), Aboveground Storage Tanks (AST) with and without remote fill • High Level Alarm Testing • Mechanical Level Gauge Testing H N • Electronic Level Gauge Testing E • Monthly Release Detection Checks d w Cn 6. REPAIR & MAINTENANCE SERVICES A. Repair and maintenance services may include, but shall not be limited to: ~ • Replacement of aged or damaged equipment including tanks • Installation and closure of tanks U. • Tank pressure washing • Tank painting (including corrosion removal and surface prepping) LO • Boot replacement in tank, dispenser, piping, and transition sumps • Spill containment replacement � • Replacement of sensors for monitoring systems, gauges and/or alarms • Replacement sumps for dispenser, tank, transition and/or piping • Nozzle, valve and/or cap replacement(s) • 20 • Hose and/or Breakaway replacement • Sump closure assessment sampling •— • Tank monitoring system software and firmware maintenance in accordance with manufacturer recommendations Cn • Fuel Polishing M 0 w B. Reports shall be provided to the County Representative within one week after the date of the service via email other c than a closure assessment sampling report which is due within 6 weeks of the date of service. Contractor is responsible N to obtain confirmation from the County Representative that the report was received. All required reporting shall be in accordance with 62-761/762, FAC and NFPA 30/30A. d C. For projects where excavation or demolition will be performed, the Contractor shall follow Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety and the guidelines of the Sunshine State One Call of Florida. In coo the event of any damages to, or dislocation of, any utility in connection with an excavation, the Excavator shall Q immediately notify the County Representative and the utility owner. D. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges 7. WASTE DISPOSAL The Contractor shall be responsible for: • Removing all debris and unusable materials resulting from their work and as work progresses, or upon request by the County's Representative from the property. • Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod) • Dispose of all waste, solid or liquid, from County property in accordance with all Federal, State and Local laws and regulations. 4 Packet Pg. 743 16.C.3.e 8. DISCHARGE/SPILLS A. The Contractor shall take appropriate precautions against leaks, spills, overfills and other fuel discharges. In the event a discharge is deemed to have been caused by the Contractor while working on the storage tank system, the Contractor shall immediately notify the County Representative by phone call and follow up email detailing the discharge event's time and date, cause, amount discharged, impacted areas and environmental media contaminated (i.e. groundwater, surface water, soils). B. The Contractor shall immediately remediate the area in compliance with Florida Department of Environmental Protection (FDEP) requirements at no cost to the County. • Fuel spilled into overspill containments during nozzle connection and disconnection shall be appropriately recycled and not discharged onto the ground at the facility. • Spills exceeding one gallon shall be immediately reported to the County • Spills of 25 gallons or more onto pervious surfaces or 100 gallons or more onto impervious surfaces shall be immediately reported to the FDEP and the County • The Contractor shall be accountable to recover, assess and remediate fuel spills to a "no further assessments" determination by the FDEP and the County or a Site Rehabilitation Completion Order by the FDEP 9. PERMITS Where required, the Contractor shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. The Contractor must use a qualified engineer or company representative (with all related licenses and certifications being current and in full force and applicable jurisdiction) with the experience and ability to obtain all permits required for any and all repairs, when necessary and applicable. 10. SAFETY The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), and any other applicable rules and regulations. Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 11. COLLIER COUNTY SITES The Contractor shall note that Collier County has multiple sites, located within Collier County, Florida, that may place orders under the awarded Agreement. 12. ASSIGNMENT OF WORK • The Contractor shall provide a company contact name, phone number and email address for normal business hour requests and for urgent or critical requests. • The Contractor shall be available twenty-four (24) hours per day, 365 days per year. • If the Primary Contractor does not respond in the required time period for response, the County may solicit the Secondary Contractor and then the Tertiary Contractor. • Projects with a County estimated value of $50,000 to $199,999 will require quotes from all awarded Contractors within the proper response times as listed below. Lowest quote shall be awarded the projects. Failure to submit a quote may be deemed a breach of the awarded Agreement and could result in termination with the Contractor. Projects above $199,999 shall require a new solicitation. • The County will issue a Purchase Order, no work shall be performed until the Contractor is in receipt of an approved Purchase Order, exceptions may be made by the County in an urgent or critical event. • Should the scope of work originally quoted change, it is both the Contractor and the County Representative's responsibility to assure a modified Purchase Order is issued. Failure to update the Purchase Order may delay payment. • A Purchase Order shall survive the awarded Agreement expiration to allow completion of services. 13. CONTRACTOR RATES All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all cost associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. 14. INVOICES The Contractor shall produce invoices that contain the following details regarding the services performed: Packet Pg. 744 16.C.3.e • Purchase Order number • Location of Service and any division/department reference number for the service • Equipment and/or parts may be invoiced at cost plus 10% markup (markup does not apply to shipping or freight charges). All shipping or freight charges must have backup documentation. • Rentals may have a 10% markup and subcontractor invoice can be marked up 15% but the subcontractor hourly rate cannot exceed the Contractor's rate. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. • Equipment or parts with a single item amount of $100.00 or more shall require back-up documentation. Contractor must also have the ability to order and receive parts in a timely and effective manner 15. WORK HOURS Normal business hours shall be 7:00 am to 5:00 p.m., Monday through Friday, excluding County observed holidays. Hours outside of normal business hours, or hours during County requested urgent or critical work shall be considered overtime and charged at the rate of time and a half (1.5) hourly. County approval must be provided to the Contractor in writing prior to 2 the start of work (or as soon as possible) for work that would be charged at the overtime rate. Overtime rate shall not exceed d time and a half (1.5) hourly rate regardless of holiday, weekends, urgent or critical request. 06 16. RESPONSE TIMES co Should the Primary Contractor fail to respond or perform within the required times below without obtaining a written time N extension from the County, the County will request the service from the Secondary and then the Tertiary Contractors. N Primary Contractor shall not have the right to invoice the County for any material or service related to the project they were d excused from for failure to meet the response time. This shall apply to the Secondary and Tertiary Contractors as well. If the Tertiary fails to perform, the County reserves the right to request the service from Contractors outside of the awarded Agreement. See "Performance Measures" below for additional requirements. H The County reserve the right to request service from all of the awarded Contractors, and if deemed necessary by the County, Z Contractors outside of the awarded Agreement, during a critical event. U. A. STANDARD REQUEST a) M LO T_ • The Contractor shall acknowledge a request for a quote via email within twenty-four (24) hours from the time ., the County issued the request. > • The Contractor shall provide a written quote to the Requestor via email within three (3) days of the initial request from the County. c • The Contractor shall start work within two (2) days after a valid Purchase Order has been emailed to the Contractor by an appropriate County Representative. If additional time is needed, the Contractor must obtain written approval for time extension from the appropriate County Representative. 2 0 Cn B. URGENT REQUEST M 0 w • The Contractor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. N • The Contractor shall be on -site within three (3) hours after the County's initial request, unless the County agrees to a different arrival time. A response time exceeding the three (3) hours must be approved in writing E by an appropriate County Representative. s • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial urgent request. Q • The Contractor shall be paid time and a half (1.5) hourly rate for urgent requests regardless of the day or time the work is performed. C. CRITICAL REQUEST • The Contractor(s) shall acknowledge critical requests as outline in Urgent Request above. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial critical request. • Contractor(s) shall be paid time and a half (1.5) hourly rate for critical requests regardless of the day or time the work is performed. • The Contractor(s) shall assist the County with various preparations that may include, but shall not be limited to: 6 Packet Pg. 745 16.C.3.e ■ Isolating fueling components ■ Draining lines ■ Turning off valves ■ Anchoring equipment 17. PERFORMANCE MEASURES • Time is of the essence with respect to all provisions within the awarded Agreement. Any delay in performance, not approved in writing by an appropriate County Representative, shall constitute a material breach of the awarded Agreement. • The Contractor shall complete all work within the agreed completion date unless written approval for additional time is provided to the Contractor from the County Representative that is placing the order or their Designee. The County reserves the right to cancel an order, place the order with another contractor without cost or obligation to the County, if the order's delivery is not met without prior written time extension approval from the County. County may access liability damages for "actual damages' incurred, flat rate for orders not received. • The Contractor shall perform a joint inspection with the County upon completion of all work, unless waived by the County Representative or designee. The work shall not be deemed complete until all requested documentation has been provided to the County Representative or their designee. • In the event the work performance by the Contractor is unsatisfactory, the Contractor will be notified by the County and shall be given seven (7) calendar days to correct the work at no additional cost to the County. The County reserves the right to withhold monies owed until the work is completed to the County's satisfaction. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Maximum Points 1. Cover Letter / Management Summary 10 Points 2. Cost of Services to the County 35 Points 3. Experience and Capacity of the Firm 35 Points 4. Specialized Expertise of Team Members 20 Points TOTAL POSSIBLE POINTS 100 Points N m m co as c N d H N E d -+ N c H m U. w 0 M LO 0 a) c 0 0 .r .2 0 M 0 00 ti 0 N a+ c d E s ca Q 7 Packet Pg. 746 16.C.3.e Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of wor previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non -responsive*** EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (10 Total Points Available) Provide a cover letter, signed by an authorized officer of the company, indicating the underlying philosophy of the company in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is the Contractor's certification that the Contractor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: COST OF SERVICES TO THE COUNTY (35 Total Points Available) • Complete the below Fee Schedule • Surcharges and/or travel related expenses will not be accepted. Fuel Storage Tank Systems Testing and Service Fee Schedule Item Description Unit Unit Price 1 Superintendent Foremanper Hour (straight time 1 Hour $ - 2 Certified Technician per Hour (straight time 1 Hour $ - 3 General Laborer / Helper per Hour (straight time 1 Hour $ - 4 Petroleum Contact Water Disposal(pergallon) 1 Gallon $ - 5 Waste Petroleum / Fuel Disposal(pergallon) 1 Gallon $ - 6 Fuel Polishing (pergallon) 1 Gallon $ The below list is nonnegotiable New Equipment and Parts Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% Urgent and Critical Markup Rate Time and a Half (1.5) Hourly EVALUATION CRITERIA NO 3: EXPERIENCE AND CAPACITY OF THE FIRM (35 Total Points Available) In this tab, include but not limited to: • Abilities, capacity, skill, and financial strength of the company. • Number of years of experience in providing similar services as requested in this solicitation. The County requests that the CONTRACTOR submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the past five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Contractor that best represent projects of similar size, scope and complexity of this project using the Reference Questionnaire form provided in BidSync. N d m co 06 co N d H N d N H m u. CD rn M LO 0 d c 0 2 0 M 0 00 ti 0 N C m E z c� Q Packet Pg. 747 16.C.3.e Contractors may include two (2) additional pages for each project to illustrate aspects of the completed project that prove es the information to assess the experience of the Contractor on relevant project work. EVALUATION CRITERIA NO. 4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) In this tab, include but not limited to: • Number of fulltime Team members employed by the company. • License and certification held by Team members as they relate to this solicitation. • List of primary Team members that will be assigned to Collier County with their experience and credentials listed below: o General Contractor's License o Pollutant Storage System Specialty Contractor (PSSSC) o Registered Precision Tank Tester (RQ) VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** N t� d 06 a� c N H N d N N Y C H d 7 U. CD M LO Packet Pg. 748 (Sa:)lnaaS +g 6ul;sal suaa;sAS 5lusl land : 66£SO JNIMNVU lVNl=l COOL-OZ .; OMOBW U U i. GA h E" � N j5 N C� U) N M O E 00 +' cn > go o N Ca � 41: F c � N F CC h � � N S. CC W y U 0 w N O ^� I. CQ O F i. C. ti A r� �Oaa Vi H C7H tia I DocuSign Envelope ID: AL62DB92-D4CE-4AD4-SAD8-569716C50610 Co Jev County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 20-7803 Title: Fuel Storage Tank Systems Testing and Service —Grant Compliant Due Date and Time: Tuesday, November 10, 2020 @ 10:00 a.m. est. 16.C.3. i Respondents: Company Name City County State Final Ranking Responsive/Responsible GUARDIAN FUELING TECHNOLOGIES, LLC JACKSONVILLE Duval FL 1 YES/YES JF ACQUISITIONS, LLC- DBA- JF PETROLEUM GROUP MORRISVILLE Wake NC 2 YES/YES SOUTHERN TANK AND PUMP. CO, NORTH FORT MYERS Lee FL n/a YES/YES Utilized Local Vendor Preference: Yes [71 No - Recommended Vendors) For Award: On October 8, 2020 the Procurement Service Division released notices of Request for Proposal # 20-7803 Fuel Storage Tank Systems Testing and Service. 9,839 firms were notified, 54 firms viewed the solicitation information and (3) responsive and responsible proposals were received on November 10, 2020. Guardian Fueling Technologies, LLC, JF Acquisitions, LLC-DBA-JF Petroleum Group and Southern Tank and Pump Co. were contacted to resolve minor irregularities due to missing documents. The selection committee convened on November 19, 2020, to score and rank the firms based on the criteria outlined in the solicitation. The evaluation criteria included: 1. Cover Letter/Management Summary, 2. Cost of Services to the County, 3. Experience and Capacity of the Firm, 4. Specialized Expertise of Team Members. The committee shortlisted the following two firms: JF ACQUISITIONS, LLC- DBA-JF PETROLEUM GROUP GUARDIAN FUELING TECHNOLOGIES, LLC The selection committee reconvened on January 28, 2020, for oral presentations and responses outlined in the questions requested from the committee. The committee ranked the firms as listed in the above table. Award is recommended to Guardian Fueling Technologies, LLC, as the Primary Vendor and JF Acquisitions, LLC-DBA-JF Petroleum Group, as the Secondary Vendor, Contract Driven = Purchase Order Driven = by: ired Sip -natures Project Manager: [ nuU �",wv u 2/2/2021 1 Procurement Strategist: ent Services Director: - 3F5an ra Rerrera Date 2/2/2021 Packet Pg. 750 JF' PETROLEUM GROUP - Innovation that works November 2, 2020 Re: 20-7803 FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE Dear Sir/Madam/Committee, On behalf of JF Petroleum Group, I would like to thank you for considering our bid submission. I wanted to summarize some salient points regarding our value and benefits we provide. Since 1945, JF has been providing fueling system solutions. Today, we have over 1,000 employees with 33 offices and 4 national distribution centers and 6 training centers. We are the largest company of what we do in our industry and we represent the best -in -class industry manufacturers. In many cases, we are their largest customers. We provide uptime assurance — we provide 24/7 service. We provide testing and compliance. If we perform an installation, we also perform the warranty work, enhancing uptime. We have 600 tenured and trained field personnel. Our service platform utilizes industry leading technology. We routinely provide several metrics including first time fix, SLAB/response time, on site time, return trips, etc. Safety is the highest priority for us — we have a .77 EMR and all our employees have a Stop Work Card for unsafe situations. We are properly licensed contractors and have high levels of insurance and bonding capacity. We also self -perform turnkey fuel system installations, thus controlling our schedule and quality. We are industry leaders — active members in various states petroleum marketers organizations; active in the Petroleum Equipment Institute, sitting on 2 Recommended Practices committees (UST Systems & AST Systems); and members of NFPA, 7x24 and other industry organizations. Lastly, unlike most other organizations in our industry, we have a dedicated and focused Vice President, commercial sales and service team that focuses on municipalities with various types of fuel systems, including emergency generator and fleet fueling. We are experienced experts in our field. We would welcome an opportunity and are willing to meet and discuss our qualifications and submission to ensure we meet your needs and address any concerns. Sincerely, Sit-v& 13e-rt� Steve Bernstein Vice President — Commercial Sales Cell # (704) 512-9500 email: sbemstein(&jfpetro roup.com t 919.838.7555 0 100 Perimeter Park Drive, Suite H ® , www.jfpetrogroup.com I Morrisville, NC 27560 Collier County COT ier County Administrative Services Department Procurement Services Division Vendor Check List Solicitation 20-7803 IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items: FR1 General Bid Instructions has been acknowledged and accepted. 0 Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. © Form 1: Vendor Declaration Statement ® Form 2: Conflict of Interest Certification © Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. © Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. ❑x Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE ❑x E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. © Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. ❑x Form 5: Reference Questionnaires form must be utilized for each requested reference and included with your submittal, id applicable to the solicitation. ❑x Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. ❑x Vendor W-9 Form. ❑x Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. ❑x The Bid Schedule has been completed and attached with your submittal, applicable to bids. ❑x Copies of all requested licenses and/or certifications to complete the requirements of the project. ❑x All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. ❑x County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. ® Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. 10/9/2020 2:01 PM p. 14 ***UPDATED JANUARY 28, 2020*** Collier County Solicitation 20-7803 Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non -responsive*** EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (10 Total Points Available) Provide a cover letter, signed by an authorized officer of the company, indicating the underlying philosophy of the company in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is the Contractor's certification that the Contractor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: COST OF SERVICES TO THE COUNTY (35 Total Points Available) • Complete the below Fee Schedule • Surcharges and/or travel related expenses will not be accepted. Fuel Storage Tank Systems Testing and Service Fee Schedule Item Description Unit Unit Price 1 Superintendent Foremanper Hour (straight time 1 Hour $ 89.00 - 2 Certified Technician per Hour (straight time 1 Hour $ 79.00 - 3 General Laborer / Helper per Hour (straight time 1 Hour $ 69.00 - 4 Petroleum Contact Water Disposal(pergallon) 1 Gallon $ 1.25 - 5 Waste Petroleum / Fuel Disposal(pergallon) 1 Gallon 1 $ 1.25 - 6 Fuel Polishing (pergallon) 1 Gallon $ 0.50 - The below list is nonnegotiable New Equipment and Parts Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% Urgent and Critical Markup Rate Time and a Half (1.5) Hourly EVALUATION CRITERIA NO 3: EXPERIENCE AND CAPACITY OF THE FIRM (35 Total Points Available) In this tab, include but not limited to: • Abilities, capacity, skill, and financial strength of the company. • Number of years of experience in providing similar services as requested in this solicitation. The County requests that the CONTRACTOR submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the past five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Contractor that best represent projects of similar size, scope and complexity of this project using the Reference Questionnaire form provided in BidSync. 8 10/9/2020 2:01 PM p. 34 Collier County Solicitation 20-7803 4cofler C;Ounty Administrative Services Department Procurement Services Division Form 1: Vendor declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. t r IN ITNESS WHEREOF, WE have hereunto subscribed our names on this day of >>��� , 20_ in the County of fyktf 1'l>�q , in the State off Firm's Legal Name: JF Acquisition, LLC - DBA - JF Petroleum Group Address: 100 Perimeter Park Dr. City, State, Zip Code: Morrisville, NC 27560 Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: M09000004999 01-0937618 800-286-4133 dhobgood cr'fpetrogroup.com / sbernstein@jfpetrogroup.com Steve Bernstein 10/9/2020 2:01 PM P. 15 ***UPDATEDJANUARY 28, 2020*** Collier County Solicitation 20-7803 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name DINIA Date f/ 1 �I Authorized Signature EXHIBIT I - 5 10l912020 2:01 PM p 57 Collier County Solicitation 20-7803 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR JF Acquisition, LLC Signature - Steve Bernstein / VP of Commercial Sales Name and Title 100 Perimeter Park Dr., Suite H Street Address Morrisville, NC 27560 City, State, Zip 05-504-4028 DUNS Number Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 6 10/9/2020 2:01 PM p. 58 Collier County Solicitation 20-7803 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer exceeding 100 000 The undersigned [Contractor] certifies, to the best of his or her knowledge, that; 1, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure_ The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. NONE Contractor (Firm Name) Signatu're of Contractor's Authorized Official -�/� A,"�,��P, Name and Title of Contractor's Authorized Official Date EXHIBIT I - 8 10/9/2020 2:01 PM P. 60 Collier County Solicitation 20-7803 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://aggs.fldfs.com/bocexMpt/ 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 ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, 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 or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ® Automobile Liability $_1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ® Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ® Pollution $ 1,000,000 Per Occurrence & $2,000,000 aggregate ❑ Professional Liability $ Per claim & in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ❑ Cyber Liability $ Per Occurrence ❑ Technology Errors & Omissions $ Per Occurrence 7. ❑ 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. 10/9/2020 2:01 PM p. 62 Collier County Solicitation 20-7803 8. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Col tier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. ® Thirty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. 9/29/20 — CC 10/9/20 - CC Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. Name of Firm JF Acquisition, LLC p Date I 1-09-20 Vendor Signature Print Name Steve Bernstein / VP of Commercial Sales Insurance Agency Scott Insurance Agent Name Stephanie Hazelwood Telephone Number 434-832-1360 10/9/2020 2:01 PM p. 63 Collier County Solicitation 20-7803 Coler county Administrative Services Division Procurement Services Date: October 9,2020 Email: Deborah.McCormick@collierr-ountyfl.gov Telephone: 23 9-252-427 0 Addendum 1 From: Deborah McCormick, Procurement Strategist To: Interested Bidders Subject: Addendum # 1: 20-7803 Fuel Storage Tank Systems Testing and Service The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Insurance Requirements Revised 1—Pollution $ 2.000,000Pe!-Oiseefi-enee 1 Pollution S 1,000,000 Per Occurrence & $2,000,000 aggregate If you require additional information please post a question on our Bid Sync (www.bidsync.combidding platform under the solicitation for this project. Please sign below and return a copy of th' ddend with your submittal for the above referenced s:�� (Signature) Date JF Acquisition, LLC - DBA - JF Petroleum Group (Name of Firm) 10/912020 2:01 PM P. 61 Ilk CdflBY County Email: Administ-ative Services Division Deborah.McCormick@colliercountyfl.gov Procurement Services Telephone: 239-252-4270 Addendum 2 Date: October 13,2020 From: Deborah McCormick, Procurement Strategist To: Interested Bidders Subject: Addendum # 2: 20-7803 Fuel Storage Tank Systems Testing and Service The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Previous awarded Vendor and Bid Schedule If you require additional information please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above (Signature) (Name of Firm) Date Collier County Solicitation 20-7803 CD1ier County Administnkve Services Department Procurement Services Division Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of ,public record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. JF Acquisition, LLC Company=e Signature Steve Bernstein / VP of Commercial Sales Print Name and Title State of South Carolina County of _Lexington The foregoing instrument was acknowledged before me by means of 13 physical presence or ❑ online notarization, this 9th day of _November (month), _2020 (year), by Debra D. Pfaff (name of person acknowledging). `�```,,p�� iron mp���i •Pl►F�'(Signature of Notary Public - StaV of 1 'da) 1Personally Known OR Type of Identification 10/9/2020 2:01 PM Debra D. Pfaff My Commission Expires: j, — f 3 - zU 26 (Print, Type, or Stamp Commissioned Name of Notary Public) p. 17 ***UPDATED 3ANUARY 28, 2020*** Collier County Solicitation 20-7803 Coder county AdministtaWe Services Departrnent Proarremerq Services C)Msion Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (httas://www.e-verify.eov/), at the time of the submission of the Vendor's proposal/bid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSAL/BID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal/bid. JF Acquisition, LLC /.bmpany Name Signature Steve Bernstein / VP of Commercial Sales Print Name and Title State of South Carolina County of Lexington The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notariantion, this 9th day of_November (month), _2020 (year), by Debra D. Pfaff (name of person acknowledging). (Signature of Notary Public - S e of 06rida) Personally Known OR Produced Type of Identification Produced 10t9/2020 2:01 PM 0. ' P FA F �ebra D. Pfaff My Commission Expires: �MMISS/pN. , y (Print, Type, or Stamp Commissioned Name of Notary Public) p. 18 ***UPDATED JANUARY 29, 2020*** FLORIDA LICENSING INFORMATION: F 4 C G myfloridalicense.com/wlll.asp?mode=2&seamh=Name&SI➢=&brd=&typ= ,,; Apps Q Per Diem Rates Q.,., Q New Tab 1$ JF Petroieom Group.., 0 MinosoftOffice Ha.. Search for a Licensee Apply for a License View Application Status Find Exam Information File a Compiaint AB&T Delinquent Invoice & AL#ivlty List Search Data Contained In Search Results Is Current As Of 11/1012020 138:07 AM. — — — 9—o r .,� e� r an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Rank Construction Business IF ACQUISITION LLC Primary Information Business Info License Location Address•: 4720 61D POOLE ROAD PALEIGH, NO 27610 Main Address*: 1a 50 ST MAWS SF. SURE 2Ia PALEIGH, NO 27605 den ns - This address is the primary Addres on file. Mailingil AddAddres - Add.. Is the address where the mail associated with a pal license drill he sent (if different if— the Maln or License Location addresses). Lirese Lacetlon nAddress -This Is the address where the place of business. ph V physkally boated. 2— Blair Stone Road. Ta llahassre rl a239P :: Email: customer Condo center Customer Ed— Center: 550.-1 5 Status/Expires, Current *® he Snare of Florida Is an PIVEEO employee tun oht N 7-2cI051—M Florida. Prtracy 5dtemeM _ = acd-es_e_ aE scS c = — -_ - - — a - _ _ _ - = svd in �ponse [o a public�nrd<requ�, do not sent elecbonic mail mdeis entity. lnnead, cons¢ die olfi� by phone rby traditional mail, 2f you haee any quatiors, gleam ® A Type here to search- 0 Licensing Portal -License Relalic x F -> C% i my0oridalicense.comflicens Relation.asp?SID=&licid=5604865 ,. Apps Q Per Diem Rates Qu,., Q New Tab $ 1F Petroleum Group.., Q Microsoft Office Ho... FIQIIda�� i.. i DBPR ONLINE SERVICES Log On Search for a Licensee Apply fora License Licensee View Application Status Find Exam Information Nam IF ACQUISITION LLC File a Complaint Rank: Construction Business Information License Expiration Date': AB&T Delinquent Invoice & Activity Primary Status: Current Original License Date: 05/22/2013 List Search Related License Information License status Related Party Relationship Type Relation Rank Expiration er NumbEffective Date Data 56681 Current, BAMMER, BLAKE W DBA:JONES & FRANK Second Qualifying Agent D7115/2013 Certified Pollutant Storage D8/31/2022 Active for Business Contractor 4 1505383 Current, BAMMER, BLAKE W DBA:JONES & FRANK Second Qualifying Agent D711512013 Certified General DS/31/2022 Active for Business Contractor 1256772 Current, BERN5TEIN, STEVEN H ❑BA:IGNES & FRANK Primary Qualifying Agent D5122/2013 Certified Pollutant Storage D8/31/2022 Active far Business Contractor Page 1 of I Return to License Details Florida General Contractor / Certified Pollutant Storage Contractor - CGC1505383 Florida Certified Pollutant Storage Contractor - PCC056681 0 w 70 z O w E T Q o J Z u D Q _0 U Lu W 4-' Q cn �, DC O m LLI Q m U 4o = Z U c/) Q N o Q) O z M N u Vi t/� w Q M �Il I.1 ' w o ( N o Q W W w p' � LL V ce O b I t ����`? � le C a C6 LL Z N Z w N 2 H -LU u°0 c OQ = O v,� �WLULJ�w 5Q N 0 LEI N U � �a CC O J Z o � c I— Z cn Q � C; G w Z V) LLJH w U �.: a N Z O Z N_ Z p w H u O u-)�1 Mill p t Q o cn 0 J a Qo LL V U Z W V O � H O j Li Q a� N O Ln LEI Z a o 0 Z 0 2 u <� D � a J •N o W a. w F �WRIp,� _ Rl;, !n lilllt u, V11 11/3/2020 Detail by Entity Name DIVISION OF CORPORATIONS Js�i�s�s r raj w► official 3twe of Florida websiee Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company JF ACQUISITION, LLC Filing Information Document Number M09000004999 FEI/EIN Number 01-0937618 Date Filed 12/22/2009 State NC Status ACTIVE Last Event REINSTATEMENT Event Date Filed 08/24/2011 Principal Address 100 Perimeter Park Dr Suite H Morrisville, NC 27560 Changed: 05/29/2020 Mailing Address 100 Perimeter Park Dr Suite H Morrisville, NC 27560 Changed: 05/29/2020 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Authorized Persons) Detail Name & Address Title Manager Whittington, David 100 Perimeter Park Dr Suite H Morrisville, NC 27560 Title Manager search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=JFACQUISITION... 1 /2 11 /3/2020 Detail by Entity Name Shadrick, Keith 100 Perimeter Park Dr Suite H Morrisville, NC 27560 Annual Reports Report Year Filed Date 2018 04/07/2018 2019 02/05/2019 2020 05/29/2020 Document Images 05/29/2020 -- ANNUAL REPORT View image in PDF format 02/05/2019 -- ANNUAL REPORT View image in PDF format 04/07/2018 -- ANNUAL REPORT View image in PDF format 04/25/2017 -- ANNUAL REPORT View image in PDF format 04/19/2016 -- ANNUAL REPORT View image in PDF format 04/12/2015 --ANNUAL REPORT View image in PDF format 04/11/2014 -- ANNUAL REPORT View image in PDF format 04/21/2013 -- ANNUAL REPORT View image in PDF format 01/05/2012 -- ANNUAL REPORT View image in PDF format 08/24/2011 -- REINSTATEMENT View image in PDF format 12/22/2009 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder=J FACQU IS ITiON... 2/2 Collier County Solicitation 20-7803 Additional Contact Information Send payments to: JF Petroleum Group (required if different from Company name used as payee above) Contact name: Accounts Receivable Title: AR Address: P.O. Box 531829 City, State, ZIP Atlanta, Ga 30353-1829 Telephone: 1-800-286-4133 Email: arinvoices@jfpetrogroup.com Office servicing Collier Tampa / County to place orders (required if different from above) Contact name: Dale Hobgood or Roger Henson Title: Commercial Sales and Director of Service South Florida Address: 9770 Reeves Rd. City, State, ZIP Tampa, FL 33619 Telephone: Dale - 813-528-2580 / Roger - 919-746-6745 Email: dhobgood@jfpetrogroup.com / rhenson@jfpetrogroup.com 10/9/2020 2:01 PM p. 16 ***UPDATED JANUARY 28, 2020*** Franklin Fueling Cert Michael Chmiel 1031543709 Jones & Frank Jacksonville Florida 32257 United States 9043056723 Certification Exp. EVO" 200 & EVO— 400 IPStellefi0n 4111 P2021 EVO""200&EVO-400 Wiring 4111 CO21 V4^6 1 t., Franklin Fueling Systems JF PETROLEUM GROUP Mr. Steve Bernstein JF Petroleum Group 6701 Northpark Blvd. Suite B Charlotte, NC 28216 Dear Steve; July 31, 2020 This letter will serve as a statement that JF Petroleum Group is an authorized distributor/installer/warranty service provider for Franklin Fueling Systems. Currently, JF Petroleum Group has trained/certified technicians on Franklin product lines which include EVO (Incon), FIE Petro, UPP/CableTight/APT and Service Station Hardware. Sincerely, Mork, K Mays Mark K Mays SE Regional Manager Franklin Fueling Systems 513-703-3626 mays@franklinfueling.com 3760 Marsh Road • Madison, Wiconsin 53718 USA +1(608) 838-8786 1 franklinfueling.com 11 /9/2020 Certificate Michael Chmiel B43236 Has Satisfactorily Completed: Veeder-Root ATG Technician HECI OR BE NITEZ, T ECIAN1CALT AINING S UPEP.VWR Acquired On: 26-MAR-2020 Expires On: 30-SEP-2021 l https://gilbarco.sabacloud.com/content/prodencryption/EKts-KvMD9BOSpE-dTKmYQ/l604962659/0172T3FadTBIdnZXRDFgTC9YUDJ6WmFSRys4e �� VEEDER ROOT August 3, 2020 To Whom It May Concern: This letter is to confirm that JF Petro Group is an authorized distributor, trained installer, and warranty service organization for Veeder-Root products, including Veeder-Root, Red Jacket, and EMR Products. They employ Veeder-Root authorized service technicians, some of which hold the highest level of certification we offer. Sincerely, Ann Wright Rose Territory Sales Manager NC/MO/TN/VA/MD/DE Veeder-Root/Red Jacket aorse@veeder.com +1 860.561.7942 1 125 Powder Forest Drive Weatague, CT 06089 USA I veeder.com 4Z> 9=30 A^Or - A ROVER COMPANY 11 / 10/2020 Mr. Bernstein, This letter is to confirm that JF Petroleum Group is an authorized distributor and services provider for OPW Regards, Louis Smith District Manager, OPW Retail Fueling 512-826-9384 Lou. Smith@opwglobal.com //i TOR Date: November 11, 2020 Ref: JF Petroleum Group TO WHOM IT MAY CONCERN PHONE: (631) 293-8450 FAX (631) 293-8533 www. pneumercator. com We hereby confirm that JF Petroleum Group is an authorized distributor of "Pneumercator Products". In addition, JF Petroleum Group is authorized to provide installation, maintenance, warranty and non -warranty services for our products. For PNEUMERCATOR CO., INC. David McGarvey Sales & Marketing Manager 0 PNEUMERCA TOR CO,, INC. 1785 EXPRESSWAY DRIVE NORTH, HAUPPAUGE, NY 11788 1�^ W MEMBER Pneumercator Certificate Certificate of Completion `8u Michael Painter —_ JF Petroleum Group r GwBPeny ■ has successfully completed the t Pneumercator Co., Inc. Factory Training Program for the following Liquid Level Control and leak Detection Systems W LC10OO 0 PC1O00 6iJ LC2000 0 TMS1000 W TMS2000 9 TMS2O00A1x TMS2000A2x TMS20OOW W TMS3000 0 TMS4000 16 TMS4000W 0 Flex Probes F1 El I, J pp Certification ID: 11656 Expires: Sunday, August 28, 2022 b Peter Sinkiwskij{ instructor Authoozed Signature { PNEt1MERCATOR GO., INC- . 1 T.65 k;gg4 sw —Drjye North Hauooauge, NY 11788. _(631..)_293 8450 . Faz_(631 293� 8533^ ,w- it Tanknology To whom it may concern: Tanknology is the preferred tank testing vendor for JF Petroleum Group covering Florida. Tanknology is committed to maintaining a safe and secure workplace and has implemented a clear policy and supportive programs concerning the detection, treatment, and prevention of substance abuse by employees. Our alcohol and drug policy certifies a team of fit -for -work individuals who can safely conduct the exacting details of our work. Corporate Headquarters: 11000 N. MoPac Expressway, Suite 500, Austin, TX 78759 — 1-800-964-1250 FLEET FUELING AVIATION AUTOMOTIVE EV CHARGING ALTERNATIVE FUELING EMERGENCY POWER EQUIPMENT INSTALLATION & SERVICE � J1 JF PETROLEUM www.jfpetrogroup.com f in V GROUP WHAT WE OFFER Our Commercial Division supports the needs of large-scale operations including vehicle fleets, facility fuel oil systems, emergency power fuel systems and alternative fuels. JF Petroleum Group offers complete design -build services from preliminary layouts to complete installations. We have a professionally trained, experienced staff ready to assist with all of your fuel and fluid handling needs. Installation & Service Providing sales, service, installation, support and training on all equipment we represent. We are staffed with an elite crew of Factory -Authorized service technicians who understand the importance of maintaining your investments by keeping your equipment working properly and safely. • Above & Underground Fuel Systems • Emergency Generator Fuel Systems • Fleet Fueling Systems • Alternative Fuel Systems • Lubrication Systems Fluids Handling Systems Electric Vehicle Chargers • Design & Layout Consulting • Complete Turn -Key Installation • 24/7 Field Service & Repair • Fuel Management Solutions • Fuel Quality Solutions Compliance Surveys Maintenance Agreements Mission Critical Emergency Power ` Providing mission critical fuel oil systems that r ; 1 supply reliable fuel to back-up power generators. Proven quality & reliability for mission critical fuel oil systems. Fleet Fueling We offer all the components and systems that go into fueling your fleet and maintaining your vehicles. Large-scale operations have many moving parts and require expert knowledge of installation and maintenance to ensure a seamless, trouble -free fueling process. Aviation From simple filter changes to our 100-point fuel system inspection, our technicians are trained on the latest technologies giving you the comfort of knowing, we are monitoring, servicing and repairing your aviation refueling equipment — to include Jet -A and Avgas fuel trucks, fuel farms, hydrant servicers and hydrant carts. Alternative Fueling Embracing alternative fuels like diesel exhaust fluid (DEF), ethanol, biodiesel, compressed natural gas (CNG) and liquefied natural gas (LNG). Automotive Our Automotive Division specializes in sales and service of automotive shop and tube equipment. We are an authorized contractor of many nationally recognized professional power tool and shop equipment lines: Rotary, Forward Lift, Hunter, Graco, Alemite, Ingersoll Rand, Champion, PIUSI, and Lincoln Industrial. EV Charging EV charging stations (EVSE) will be sold and installed by JF Petroleum's Energy Solutions division, which distributes and supports Chargepoint EV's and Gilbarco's EV solutions. NATIONAL COVERAGE We pride ourselves on being the national leader while keeping a strong local presence. Our partners can expect a customer -centric approach focused on adding value to the distribution, construction, service, and technology solutions we provide. OFFICE LOCATIONS Southeast Region Atlanta, GA 4070 Buford Nlgnway, Suite 7 Duluth, GA 30096 P: 770-322-0552 Charlotte, NC 6701 Northpark Blvd, Suite B Charlotte, NC 28216 P: 704-393-8542 Columbia, SC 2010 Rockland Road Columbia, SC 29210 P: 803-731-4140 Jacksonville, FL 11471 Columbia Park Dr W, Jacksonville, FL 32258 P: 904-738-7281 Raleigh, NC 100 Perimeter Park Dr. Suite H Morrisville, NC 27560 P: 919-231-1998 Tampa, FL 9770 Reeves Road Tampa, FL 33619 P: 813-703-1598 Norfolk, VA 1300 Ingleside Drive Norfolk, VA 23502 P: 757-853-3500 Richmond, VA 4325 Sarellen Road Richmond, VA 23231 P: 804-232-7161 Roanoke, VA 3631 Blue Ridge Blvd Blue Ridge, VA 24064 P: 540-977-0321 North East Region Baltimore, MD 810 Oregon Ave Suite D Linthicum Heights, MD 21090 P: 443-833-1565 Pittsburgh, PA 1507 Parkway View Drive Pittsburgh, PA 15205 P:412-787-8 Swedesboro, NJ 603 Heron Drive Suite 3 Swedesboro, NJ 08085 P: 215-613-5705 Webster, MA 7 Viking Road Webster, MA 01570 P:413-283-5353 Cleveland, OH 8180 Boyle Parkway Twinsburg, OH 44087 P: 216-459-9320 Dayton, OH 7468 Webster Street Dayton, OH 45414 P: 937-665-1210 Indianapolis, IN 5460 Victory Drive Suite 500/600 Indianapolis, IN 46203 P:317-243-3120 Ironton, OH 2913 S. 9th Street Ironton, OH 45638 P:740-532-4046 Lousiville, KY 4450-4452B Kiln Court Louisville, KY 40218 P: 502-454-5100 Southwest Region Abilene, TX 1632-B Vision Drive Abilene, TX 79602 P:325-676-2371 Austin, TX 1804 Smith Road Austin, TX 78721 P: 512-278-1000 Beaumont, TX 2484 W. Cardinal Drive Suite 1 Beaumont, TX 77705 P: 409-842-0007 Corpus Christi, TX 125 Airport Road Corpus Christi, TX 78405 P: 361-882-3077 Edinburg, TX 3702 South Expwy 281 Edinburg, TX 78542 P: 956-686-9582 Grand Prairie, TX 1219 East Avenue J Grand Prairie, TX 75050 P: 972-314-2400 Houston, TX 2700 Aldine Bender Houston, TX 77032 P: 281-449-4027 San Antonio, TX 14833 Bulverde Road San Antonio, TX 78247 P: 210-661-2489 Tyler, TX 12907 Highway 155 S. Tyler, TX 75703 P:903-535-9595 Victoria, TX 2706 Delmar Drive Victoria, TX 77901 P: 361-573-7449 ■ NORTHEASTREGION ■ SOUTHEAST REGION ■ MIDWEST REGION ■ SOUTHWEST REGION ■ WEST REGION 0 OFFICE LOCATIONS A DISTRIBUTION CENTERS 40 CORPORATE OFFICE DISTRIBUTION CENTERS Atlanta, GA 4070 Buford Highway, Suite 7 Duluth, GA 30096 P: 770-232-0807 Cleveland, OH 8180 Boyle Parkway, Twinsburg, OH 44087 P:330-405-4474 Dayton, OH 7476 Webster Street, Dayton, OH 45414 P: 937-665-1200 Phoenix, AZ 407 S.107th Avenue, Building C, Suite 42 Tolleson, AZ 85353 P: 602-278-3000 SHOP FOR PARTS ONLINE JF PETROPARTS :l0l MA :, UV -CLEAN TECHNOLOGY TOUCHLESS EQUIPMENT I I I • HANGING HARDWARE PARTICULATE REMOVING 4051OP-AD CONVENIENCE STORES AVIATION EQUIPMENT FLEET FUELING With the largest in stock inventory of petroleum equipment parts in the U.S., we offer a vast product selection to meet your needs. 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Protect your employees and customers while keeping your community healthy. stand not included and is required for usage UV -CLEAN 367-5481* SURGICAL MASK PK50* PART # DESCRIPTION 367-5481 Uv-Clean, Payment Terminal Mounts For MX9XX 367-2481 Uv-Clean Payment Terminal Stand Verifone MX915-925 PART # DESCRIPTION KN95 Kn95 Mask SURGICAL MASK-PK50 Surgical Mask, Pack Of 50 GLOVES-MED Medical Grade Gloves, Box Of 100 PI-ATB-DMW Protective Barrier, Std Mnt W/ Large Cash Wnd, 31x31in MX915 KEYPAD COVER Verifone Mx915 Series Keypad Cover SANITIZER WIPES Sanitizer Wipes, 40ct HAND SANTIZER Hand Santizer, 8oz Bottle NEW STORE STARTER KIT CWC-KIT1 BROWSE THROUGH OUR ONLINE STORE jjf PETROPARTS .COM 1 SIR 10 �r AUTOMATIC HAND DRYER XL-BWV-ECO-208-277V* PART # DESCRIPTION CWC-KIT1 New Store Starter Kit XM018 Eximo Waterless ConcreteCleaner, 181b FOR8 Foro Asphalt Cleaner And Hardener, Bibs VVX Vivx Graffiti Remover, 15 Oz Can EquipmentTouchtess PART # DESCRIPTION XL-BWV-ECO-208-277V Automatic Hand Dryer, Integral Nozzle 59462A Automatic PaperTowel Dispenser, Black FP01 Door Pull Plate, Stainless Steel, Direct Mount 52057 Soap Dispenser, Black • Shipping To All 50 States • Over 1,500 Products • Same Day Shipping* • Free UPS Ground Shipping Over $300 • 24-Hour Access • Desktop, Tablet & Mobile Compatibility • Personalized Shopping List • In -Store Pick Up Options Available** *Same day shipping on In Stock orders placed by 4 p.m. Eastern. **Only offered in select locations. Solicitation: Reference Questionnaire for: Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) IF Acquisition, LLC - DBA - IF Petroleum Group (Name of Company Requesting Reference Information) Dale Hobgood (Name of Individuals Requesting Reference Information) Name: Patty Karr (Evaluator completing reference questionnaire) Email: karrp@hcflgov.net FAX: Company: Hillsborough Co. Fleet (Evaluator's Company completing reference) 813-744-5580 Ext.63257 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored 11 0." Project Description: Fuel Site Maintenance and Repair Completion Date: Project Budget: $715,000 2025 Project Number of Days On -going Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 9 2 Ability to maintain project schedule (complete on -time or early). 8 3 Quality of work. 8 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 6 7 Ability to verbally communicate and document information clearly and succinctly. 8 8 Abiltity to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 8 10 Overall comfort level with hiring the company in the future (customer satisfaction). 9 TOTAL SCORE OF ALL ITEMS Solicitation: Reference Questionnaire for: Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) JF Acquisition, LLC - DBA - JF Petroleum Group (Name of Company Requesting Reference Information) Dale Hobgood (Name of Individuals Requesting Reference Information) Name: Gary Stewart Company: City of Tampa Fleet (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Gary.stewart@tampagov.net Telephone: 813-716-3286 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/individual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Fuel Site Maintenance and Repair Completion Date: Project Budget: TBD TBD — As Needed Project Number of Days On -going Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 8 2 Ability to maintain project schedule (complete on -time or early). 7 3 Quality of work. 8 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 6 7 Ability to verbally communicate and document information clearly and succinctly. 7 8 Ability to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 8 10 Overall comfort level with hiring the company in the future (customer satisfaction). 8 TOTAL SCORE OF ALL ITEMS Solicitation: Reference Questionnaire for: Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) IF Acquisition, LLC - DBA - JF Petroleum Group (Name of Company Requesting Reference Information) Dale Hobgood (Name of Individuals Requesting Reference Information) Name: Joseph Blackwell Company: Lake County Fleet (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: jblackwell@lakecountyfl.gov Telephone: 352-742-3980 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/individual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Fuel Site Maintenance and Repair Completion Date: Project Budget: TBD $715K TBD — As Needed Project Number of Days On -going Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 8 2 Ability to maintain project schedule (complete on -time or early). 8 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 7 Ability to verbally communicate and document information clearly and succinctly. 8 8 Ability to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 8 10 Overall comfort level with hiring the company in the future (customer satisfaction). 9 TOTAL SCORE OF ALL ITEMS Solicitation: Reference Questionnaire for: Collier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) IF Acquisition, LLC - DBA - IF Petroleum Group (Name of Company Requesting Reference Information) Dale Hobgood (Name of Individuals Requesting Reference Information) Name: Denis Kanelakis Company: Seminole County (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: danelakis@seminolecountyfl.gov Telephone: 407-665-5250 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisfied (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/individual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Fuel Site Maintenance and Repair Completion Date: Project Budget: TBD TBD — As Needed Project Number of Days On -going Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 8 2 Ability to maintain project schedule (complete on -time or early). 8 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 9 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 8 7 Ability to verbally communicate and document information clearly and succinctly. 8 8 Ability to manage risks and unexpected project circumstances. 9 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 8 10 Overall comfort level with hiring the company in the future (customer satisfaction). 9 TOTAL SCORE OF ALL ITEMS Collier County Solicitation 20-7803 Solicitation 20-7803 FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE Solicitation Designation: Public C per C01."iy Collier County 10/9/2020 2:01 PM P. 1 Collier County Solicitation 20-7803 Solicitation 20-7803 FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE Solicitation Number 20-7803 Solicitation Title FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE Expected Expenditure $239,000.00 (This price is expected -not guaranteed) Solicitation Start Date Oct 8, 2020 4:24:58 PM EDT Solicitation End Date Nov 10, 202010:00:00 AM EST Question & Answer Nov 3, 2020 4:00:00 PM EST End Date Solicitation Contact Deborah McCormick Procurement Strategist 239-252-4270 Deborah.McCormick@colliercountyfl.gov Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for 30 days Solicitation Comments The Contractor shall provide Collier County Solid and Hazardous Waste Management Division (Hereinafter, the "Division or Department") with aboveground and underground fuel storage tank testing and repair services. Services shall include, but not limited to, scheduled testing, inspections, training, maintenance, repairs and critical services. Added on Oct 9, 2020: Addendum 1 - Insurance Requirements Addendum # 1 Item Response Form Item 20-7803--01-01 - FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE Quantity 1 each Unit Price TBD Delivery Location Collier County 1. Procurement Services 3295 E. Tamiami Trail Building C2 10/9/2020 2:01 PM p. 2 Collier County Solicitation 20-7803 REQUEST FOR PROPOSAL (RFP) INSTRUCTIONS 1. QUESTIONS 1.1 Direct questions related to this Request for Proposal (RFP) to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 1.2 Proposer/Vendor/Firm must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. PRE -PROPOSAL CONFERENCE (if applicable), 2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. 2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. COMPLIANCE WITH THE RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discover any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 5. ADDENDA The County reserves the right to formally amend and/or clarify the requirements of the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original RFP prior to the deadline for submission of proposals. All changes to this RFP will be conveyed electronically through a notice of addendum or questions and answers to all Vendors registered under the applicable commodity code(s) at the time when the original RFP was released, as well as those Vendors who downloaded the RFP document. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. Before submitting a proposal, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may deeming your submittal non -responsive. 6. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 7. DELIVERY OF PROPOSALS 7.1 All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.comfbidsync-cas/. 10/9/2020 2:01 PM p. 4 Collier County Solicitation 20-7803 7.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated. 8. VALIDITY OF PROPOSALS No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 9. METHOD OF SOURCE SELECTION 9.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, as amended, establishing and adopting the Collier County Procurement Ordinance. 9.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 10. EVALUATION OF PROPOSALS 10.1 The County's procedure for selection is as follows: 10.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 10.1.2 The Request for Proposal is issued. 10.1.3 Subsequent to the closing date of the solicitation, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFR 10.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 10.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least seventy-two hours advanced notice. 10.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Scoresheet and prepare comments for discussion at the next meeting. The Individual Selection Committee Scoresheet is merely a tool to assist the selection committee member in their review of the proposals. 10.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 10.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 10.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 10.1.10 The selection committee's overall rank of firms in order of preference (from highest score or beginning with a rank of one (1) if presentations were held) will be discussed and reviewed by the Procurement Professional. By 10/9/2020 2:01 PM p. 5 Collier County Solicitation 20-7803 11. final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations. 10.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 10.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner. 10.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. The County reserves the right to contact any and all references submitted as a result of this solicitation. 12. RESERVED RIGHTS Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Collier County reserves the right to cancel, extend, or modify any or all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions when it is deemed to be in the best of the County. County reserves its right to reject any sole response. 13. INSURANCE AND BONDING REQUIREMENTS 13.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall be required to provide the Certificate of Insurance(s) with the limits set forth in the solicitation within five (5) days upon notification of selection for award. If the Vendor cannot provide the document within the referenced timeframe, the County reserves the right to award to another Vendor. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 13.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Vendor, 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 Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 13.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 13.4 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." 13.5 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. 13.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 13.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self -insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor's sole responsibility. 10/9/2020 2:01 PM p. 6 Collier County Solicitation 20-7803 13.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 13.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 13.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 13.11 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. 14. ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 15. COUNTY'S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. The County reserves the right to take into consideration a vendor's past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 16. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. The County reserves the right to take into consideration a Vendor's past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 17. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 17.1 The selected Vendor shall be required to sign a standard Collier County contract or accept the County's Purchase Order terms and conditions to serve as a formal contact. 17.2 The resultant contract(s) may include purchase or work orders issued by the County's Project Manager (a/k/a Contract Administrative Agent). 10/9/2020 2:01 PM p. 7 Collier County Solicitation 20-7803 17.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements, other documents or agree to any exceptions to the County's terms and conditions provided by the Vendor. 17.4 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. 18. PUBLIC RECORDS COMPLIANCE 18.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 18.2 The Contractor must specifically comply with the Florida Public Records Law to: 18.2.1 Keep and maintain public records required by the public agency to perform the service. 18.2.2 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. 18.2.3Ensure 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. 18.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 19. PAYMENT METHOD 19.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: 19.1.1 Purchase Order Number 19.1.2 Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: 10/9/2020 2:01 PM p. 8 Collier County Solicitation 20-7803 Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 19.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period 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. 19.3 In instances where the successful Vendor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 19.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 20. ENVIRONMENTAL HEALTH AND SAFETY 20.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 20.2 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. 20.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 20.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 21. POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 22. LICENSES 22.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to DEEM VENDOR NON -RESPONSIVE. A Vendor, with an office within Collier County is also required to have an occupational license. 10/9/2020 2:01 PM P. 9 Collier County Solicitation 20-7803 22.2 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. 22.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 23. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 24. PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 25. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vend or nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 26. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately 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 nonperformance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 27. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -Eight of County Procurement Ordinance 2017-08, as amended. 28. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL 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.org/search.html) prior to execution of a contract. A copy of the document should be submitted with the solicitation response and the document number should 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. 29. SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -vendor to any other firm submitting under the same RFP. If a legal entity is 10/9/2020 2:01 PM P. 10 Collier County Solicitation 20-7803 not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non- responsive and rejected from further consideration. 30. PROTEST PROCEDURES 30.1 Any Vendor who alleges to be aggrieved in connection with the solicitation or award of a contract, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests. 30.2 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 30.3 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 30.4 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 30.5 Complete instructions for formal protest are set forth in Section 23 of Collier County Procurement Ordinance 2017-08, as amended. The protesting party must have standing as defined by established Florida case law to maintain a protest. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 32. SECURITY AND BACKGROUND CHECKS 32.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 32.2 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 10/9/2020 2:01 PM P. 11 Collier County Solicitation 20-7803 background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 32.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@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. 32.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 35. IMMIGRATION LAW AFFIDAVIT CERTIFICATION 35.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 35.2 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 Request for Professional Services (RFP) and construction services. 35.3 Exceptions to the program: 35.3.1 Commodity based procurement where no services are provided. 35.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 35.4 Vendors are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the County's Notice of Recommend Award. FAILURE TO EXECUTE THIS AFFIDAVIT CERTIFICATION AND SUBMIT WITH VENDOR'S PROPOSALBID MAY DEEM THE VENDOR'S AS NON -RESPONSIVE. 35.5 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. 35.6 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. 35.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. 10/9/2020 2:01 PM p. 12 Collier County Solicitation 20-7803 Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 36. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document. 37. GRANT CO LIANCE The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. The Vendor agrees include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the solicitation, or you may BE DEEMED NON -RESPONSIVE. 38. LOCAL VENDOR PREFERENCE (LVP) Any Vendor claiming local vendor preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission. 39. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. Certification: The Vendor hereby agrees to comply with the instructions above, by submission of a bid/proposal. 10/9/2020 2:01 PM p. 13 Collier County Solicitation 20-7803 FORM 6 IF APPLICABLE GRANT PROVISIONS AND ASSURANCES FORMS ARE PROVIDED IN SEPARATE PACKAGE AND MUST BE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 10/9/2020 2:01 PM p. 22 ***UPDATED JANUARY 28, 2020*** Collier County Solicitation 20-7803 CONFIRM ALL REQUIRED LICENSES AND FORMS ARE COMPLETED AND EXECUTED IN ITS ENTIRTY AND RETURNED WITH THE SUBMISSION OF THE BID/PROPOSAL. FAILURE TO DO SO MAY DEEM YOU NON- RESPONSIVE. 10/9/2020 2:01 PM p. 23 ***UPDATED JANUARY 28, 2020*** Collier County Solicitation 20-7803 J Collier County -: Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced herein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non -conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 10/9/2020 2:01 PM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10p 24 Collier County Solicitation 20-7803 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non -Infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non -infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non -exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said 10/9/2020 2:01 PM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10p 25 Collier County Solicitation 20-7803 agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 10/9/2020 2:01 PM G/ Operations/Document Approved by Attorney Reviewed 12/18/13; 5/5/10p 26 Collier County Solicitation 20-7803 Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE SOLICITATION NO.: 20-7803 DEBORAH MCCORMICK, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Deborah.McCormick@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 10/9/2020 2:01 PM p. 27 Collier County Solicitation 20-7803 SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 20-7803 PROJECT TITLE: FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE PRE -PROPOSAL CONFERENCE: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: TUESDAY, NOVEMBER 10,2020 (& 10:00 A.M. EST. PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hLtps://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Solid & Hazardous Waste Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified contractor(s) in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $239,000.00 annually; however, this may not be indicative of future buying patterns. BACKGROUND The Contractor shall provide Collier County Solid and Hazardous Waste Management Division (Hereinafter, the "Division or Department") with aboveground and underground fuel storage tank testing and repair services. Fuel storage tanks are used as standby emergency power generating systems, new or used oil storage, and vehicular or boat fueling. The tanks are located at (276) facilities throughout the County. Fuel type and tank capacities vary between sites and are further detailed on the Attachment A, Collier County Flammable and Combustible Tanks. TERM OF CONTRACT The Agreement term, if an award(s) is/are made is intended to be for three (3) year with two (2) one (1) year renewals. Prices shall remain firm for the initial term of this Agreement. Surcharges and/or travel and related expenses will not be accepted in conjunction with the awarded Agreement. The County Representative, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Representative or designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery, provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with Contractor. DETAILED SCOPE OF WORK Services shall include, but not be limited to, scheduled testing, inspections, training, maintenance, repairs and critical services. All services shall be performed in accordance with manufacturer recommendations, County requirements as well as State and Federal regulatory requirements. 2 10/9/2020 2:01 PM p. 28 Collier County 1. COMPLIANCE Solicitation 20-7803 All work must be compliant with the following: A. Florida Administrative Codes (FAC) • Code: 6G4-15.027 — Pollutant Storage System Specialty Contractors • Code: 62-761 — Underground Storage Tanks Systems (UST) • Code: 62-762 — Aboveground Storage Tanks Systems (AST) B. National Fire Prevention Association (NFPA) and Combustible Liquids Code • Code: 30 — Flammable and Combustible Liquids Code • Code:30A — Code for Motor Fuel Dispensing Facilities and Repair Garages C. Referenced Standards in 62-761/762, FAC • Petroleum Equipment Institute (PEI) • American Petroleum Institute (API) • Steel Tank Institute (STI) • Underwriters Laboratories (UL) • The American Society of Mechanical Engineers (ASME) • National Leak Prevention Association (NLPA) • American Concrete Institute (ACI) 2. LICENSES & CERTIFICATIONS A. The Contractor, at the time of proposal submittal, shall possess, and maintain throughout the term of the Agreement period and any renewal periods, employee(s) of the company for manufacturer specific installation, maintenance and repair holding the following license and certifications (certified by the Department of Business and Professional Regulations). Proof shall be provided upon proposal submittal or before a notice of recommend award is made and shall be provided annually throughout the duration of the Agreement. A copy of the employee's license and/or certification confirms the employee will be able to perform work for the County under the resultant Agreement. It shall be the Contractor's responsibility to update the County with any employee changes regarding this requirement. • General Contractor's License • Pollutant Storage System Specialty Contractor (PSSSC) • Registered Precision Tank Tester (RQ) B. Contractor employee certification and / or licensing shall include, but not be limited to: • Veeder-Root Fuel Tank Monitor Systems • OMNTEC Fuel Tank Monitor Systems • INCON Fuel Tank Monitor Systems (Franklin Fueling Systems) • Pneumercator Fuel Tank Monitor Systems • OPW Fuel Tank Monitor System C. Contractor shall be licensed to operate a business in Collier County. A copy of the business tax license shall be provided upon proposal submittal or before a notice of recommend award is made. D. Contractor and employees shall be properly licensed as required by Federal, State and Local regulations. 3. NEW EQUIPMENT & PARTS All equipment and parts provided and installed by the Contractor under the awarded Agreement shall be new and free of defects and may require County approval prior to installation. A. Equipment and parts provided and installed under the awarded Agreement must be listed on the most recent version of the Florida Department of Environmental Protection Approved/Registered Storage Tank System Equipment List unless the equipment is exempt from registration in 62-761/762, FAC. The Contractor must also have the ability to order and receive parts in a timely and effective manner. B. The County's Representative, shall coordinate with the Contractor the return of any surplus materials, supplies and equipment. 4. PROTECTION OF PROPERTY The Contractor shall ensure that the services are performed in such a manner as to not damage any property. In the event damage occurs to any property as a direct result of the Contractor or their subcontractor in the performance of the required services the Contractor shall repair or replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Contractor or their subcontractor has to be repaired or replaced by the County, the cost of such work will be deducted from the monies due to the Contractor. 3 10/9/2020 2:01 PM p. 29 Collier County 5. INSPECTION & TESTING Solicitation 20-7803 All required reports and testing shall be done in accordance with 62-761/762, FAC and NFPA 30/30A. A. Operability testing shall be performed as needed to certify the functionality of the fueling systems. B. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. C. Inspection and or test reports shall be provided to the County Representative within one week after the date of service via e-mail. The Contractor is responsible for obtaining confirmation from the County Representative that the report was received. Inspection and testing may include, but shall not be limited to: • Release Detection Devices • Line Leak Detector testing • Tank Tightness Testing (Primary Compartment) • Piping Tightness Testing (Primary Compartment) • Breach of Integrity Testing (BOI) tank, piping, sump and spill bucket • Hydrostatic Testing of Containment Sumps, Dispenser Sumps, and Submersible Turbine Pump Sumps • Inert Gas Testing Material • Calibration of Dispensers for Fuel • Overfill Prevention Valve (OPV) for Underground Storage Tanks (UST), Aboveground Storage Tanks (AST) with and without remote fill • High Level Alarm Testing • Mechanical Level Gauge Testing • Electronic Level Gauge Testing • Monthly Release Detection Checks 6. REPAIR & MAINTENANCE SERVICES A. Repair and maintenance services may include, but shall not be limited to: • Replacement of aged or damaged equipment including tanks • Installation and closure of tanks • Tank pressure washing • Tank painting (including corrosion removal and surface prepping) • Boot replacement in tank, dispenser, piping, and transition sumps • Spill containment replacement • Replacement of sensors for monitoring systems, gauges and/or alarms • Replacement sumps for dispenser, tank, transition and/or piping • Nozzle, valve and/or cap replacement(s) • Hose and/or Breakaway replacement • Sump closure assessment sampling • Tank monitoring system software and firmware maintenance in accordance with manufacturer recommendations • Fuel Polishing B. Reports shall be provided to the County Representative within one week after the date of the service via email other than a closure assessment sampling report which is due within 6 weeks of the date of service. Contractor is responsible to obtain confirmation from the County Representative that the report was received. All required reporting shall be in accordance with 62-761/762, FAC and NFPA 30/30A. C. For projects where excavation or demolition will be performed, the Contractor shall follow Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety and the guidelines of the Sunshine State One Call of Florida. In the event of any damages to, or dislocation of, any utility in connection with an excavation, the Excavator shall immediately notify the County Representative and the utility owner. D. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. 7. WASTE DISPOSAL The Contractor shall be responsible for: • Removing all debris and unusable materials resulting from their work and as work progresses, or upon request by the County's Representative from the property. • Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod) • Dispose of all waste, solid or liquid, from County property in accordance with all Federal, State and Local laws and regulations. 4 10/9/2020 2:01 PM p. 30 Collier County 8. DISCHARGE/SPILLS Solicitation 20-7803 A. The Contractor shall take appropriate precautions against leaks, spills, overfills and other fuel discharges. In the event a discharge is deemed to have been caused by the Contractor while working on the storage tank system, the Contractor shall immediately notify the County Representative by phone call and follow up email detailing the discharge event's time and date, cause, amount discharged, impacted areas and environmental media contaminated (i.e. groundwater, surface water, soils). B. The Contractor shall immediately remediate the area in compliance with Florida Department of Environmental Protection (FDEP) requirements at no cost to the County. • Fuel spilled into overspill containments during nozzle connection and disconnection shall be appropriately recycled and not discharged onto the ground at the facility. • Spills exceeding one gallon shall be immediately reported to the County • Spills of 25 gallons or more onto pervious surfaces or 100 gallons or more onto impervious surfaces shall be immediately reported to the FDEP and the County • The Contractor shall be accountable to recover, assess and remediate fuel spills to a "no further assessments" determination by the FDEP and the County or a Site Rehabilitation Completion Order by the FDEP 9. PERMITS Where required, the Contractor shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. The Contractor must use a qualified engineer or company representative (with all related licenses and certifications being current and in full force and applicable jurisdiction) with the experience and ability to obtain all permits required for any and all repairs, when necessary and applicable. 10. SAFETY The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), and any other applicable rules and regulations. Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 11. COLLIER COUNTY SITES The Contractor shall note that Collier County has multiple sites, located within Collier County, Florida, that may place orders under the awarded Agreement. 12. ASSIGNMENT OF WORK • The Contractor shall provide a company contact name, phone number and email address for normal business hour requests and for urgent or critical requests. • The Contractor shall be available twenty-four (24) hours per day, 365 days per year. • If the Primary Contractor does not respond in the required time period for response, the County may solicit the Secondary Contractor and then the Tertiary Contractor. • Projects with a County estimated value of $50,000 to $199,999 will require quotes from all awarded Contractors within the proper response times as listed below. Lowest quote shall be awarded the projects. Failure to submit a quote may be deemed a breach of the awarded Agreement and could result in termination with the Contractor. Projects above $199,999 shall require a new solicitation. • The County will issue a Purchase Order, no work shall be performed until the Contractor is in receipt of an approved Purchase Order, exceptions may be made by the County in an urgent or critical event. • Should the scope of work originally quoted change, it is both the Contractor and the County Representative's responsibility to assure a modified Purchase Order is issued. Failure to update the Purchase Order may delay payment. • A Purchase Order shall survive the awarded Agreement expiration to allow completion of services. 13. CONTRACTOR RATES All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all cost associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. 14. INVOICES The Contractor shall produce invoices that contain the following details regarding the services performed: 5 10/9/2020 2:01 PM p. 31 Collier County • Purchase Order number Solicitation 20-7803 • Location of Service and any division/department reference number for the service • Equipment and/or parts may be invoiced at cost plus 10% markup (markup does not apply to shipping or freight charges). All shipping or freight charges must have backup documentation. • Rentals may have a 10% markup and subcontractor invoice can be marked up 15% but the subcontractor hourly rate cannot exceed the Contractor's rate. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. • Equipment or parts with a single item amount of $100.00 or more shall require back-up documentation. Contractor must also have the ability to order and receive parts in a timely and effective manner 15. WORK HOURS Normal business hours shall be 7:00 am to 5:00 p.m., Monday through Friday, excluding County observed holidays. Hours outside of normal business hours, or hours during County requested urgent or critical work shall be considered overtime and charged at the rate of time and a half (1.5) hourly. County approval must be provided to the Contractor in writing prior to the start of work (or as soon as possible) for work that would be charged at the overtime rate. Overtime rate shall not exceed time and a half (1.5) hourly rate regardless of holiday, weekends, urgent or critical request. 16. RESPONSE TIMES Should the Primary Contractor fail to respond or perform within the required times below without obtaining a written time extension from the County, the County will request the service from the Secondary and then the Tertiary Contractors. Primary Contractor shall not have the right to invoice the County for any material or service related to the project they were excused from for failure to meet the response time. This shall apply to the Secondary and Tertiary Contractors as well. If the Tertiary fails to perform, the County reserves the right to request the service from Contractors outside of the awarded Agreement. See "Performance Measures" below for additional requirements. The County reserve the right to request service from all of the awarded Contractors, and if deemed necessary by the County, Contractors outside of the awarded Agreement, during a critical event. A. STANDARD REQUEST The Contractor shall acknowledge a request for a quote via email within twenty-four (24) hours from the time the County issued the request. The Contractor shall provide a written quote to the Requestor via email within three (3) days of the initial request from the County. The Contractor shall start work within two (2) days after a valid Purchase Order has been emailed to the Contractor by an appropriate County Representative. If additional time is needed, the Contractor must obtain written approval for time extension from the appropriate County Representative. B. URGENT REQUEST • The Contractor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. • The Contractor shall be on -site within three (3) hours after the County's initial request, unless the County agrees to a different arrival time. A response time exceeding the three (3) hours must be approved in writing by an appropriate County Representative. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial urgent request. • The Contractor shall be paid time and a half (1.5) hourly rate for urgent requests regardless of the day or time the work is performed. C. CRITICAL REQUEST • The Contractor(s) shall acknowledge critical requests as outline in Urgent Request above. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial critical request. • Contractor(s) shall be paid time and a half (1.5) hourly rate for critical requests regardless of the day or time the work is performed. • The Contractor(s) shall assist the County with various preparations that may include, but shall not be limited to: 6 10/9/2020 2:01 PM p. 32 Collier County Solicitation 20-7803 ■ Isolating fueling components ■ Draining lines ■ Turning off valves ■ Anchoring equipment 17. PERFORMANCE MEASURES • Time is of the essence with respect to all provisions within the awarded Agreement. Any delay in performance, not approved in writing by an appropriate County Representative, shall constitute a material breach of the awarded Agreement. • The Contractor shall complete all work within the agreed completion date unless written approval for additional time is provided to the Contractor from the County Representative that is placing the order or their Designee. The County reserves the right to cancel an order, place the order with another contractor without cost or obligation to the County, if the order's delivery is not met without prior written time extension approval from the County. County may access liability damages for "actual damages' incurred, flat rate for orders not received. • The Contractor shall perform a joint inspection with the County upon completion of all work, unless waived by the County Representative or designee. The work shall not be deemed complete until all requested documentation has been provided to the County Representative or their designee. • In the event the work performance by the Contractor is unsatisfactory, the Contractor will be notified by the County and shall be given seven (7) calendar days to correct the work at no additional cost to the County. The County reserves the right to withhold monies owed until the work is completed to the County's satisfaction. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Maximum Points 1. Cover Letter / Management Summary 10 Points 2. Cost of Services to the County 35 Points 3. Experience and Capacity of the Firm 35 Points 4. Specialized Expertise of Team Members 20 Points TOTAL POSSIBLE POINTS 100 Points 7 10/9/2020 2:01 PM p. 33 Collier County Solicitation 20-7803 Contractors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Contractor on relevant project work. EVALUATION CRITERIA NO. 4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) In this tab, include but not limited to: • Number of fulltime Team members employed by the company. • License and certification held by Team members as they relate to this solicitation. • List of primary Team members that will be assigned to Collier County with their experience and credentials listed below: o General Contractor's License o Pollutant Storage System Specialty Contractor (PSSSC) o Registered Precision Tank Tester (RQ) VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** 9 10/9/2020 2:01 PM p. 35 Collier County Solicitation 20-7803 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 0 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June 1, 2020) EXHIBIT I - 1 10/9/2020 2:01 PM p. 53 Collier County Solicitation 20-7803 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. EXHIBIT I - 2 10/9/2020 2:01 PM p. 54 Collier County Solicitation 20-7803 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I - 3 10/9/2020 2:01 PM p. 55 Collier County Solicitation 20-7803 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Procurement of Recovered Materials (§200.322) (Over $10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. EXHIBIT I - 4 10/9/2020 2:01 PM p. 56 ACCOUNT NO. 2020 - 2021 HILLSBOROUGH COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2021 56699 OCC. CODE RENEWAL 280.000111 PUBLIC SERVICE 510 Employees Receipt Fee 150.00 Hazardous Waste Surcharge 0.00 Law Library Fee 0.00 BUSINESS JF ACQUISITION DBA JONES & FRANK 9770 REEVES ROAD AdIlk Aw /. 0 Z U in 2 0 /2 TAMPA, FL 33619 NAME JF ACQUISITION, LLC MAILING 100 PERIMETER PARK DR SUITE H ADDRESS MORRISVILLE, NC 27560 Paid 19-0-490732 09/28/2020 150.00 BUSINESS TAX RECEIPT DOUG BELDEN, TAX COLLECTOR HAS HEREBY PAID A PRIVILEGE TAX TO ENGAGE 813-635-5200 IN BUSINESS, PROFESSION, OR OCCUPATION SPECIFIED HEREON THIS BECOMES A TAX RECEIPT WHEN VALIDATED. 0 w 70 z O w Q o E J Z u D Q _0 U Lu W 4-' Q cn �, DC O m � Q m u o Z U� Q' - N o Q) _O I— N u Vf V� w Q M E '" m ^ N V o °u' ZI_ " - 4- Q LLLJ LLJZ � w k p W Z) N '° CV)u '' W LL V ' to cV N CC j 0O O w�`R� ��` `W z> U V D o t O ~ m Z rta % O H LL a Q o ;���il� N A Y Q E I�Ii W u O LL Z N H i�t1' Z � Q m LV a� O aJ O Q Z w v p� . — Lu LU Q ) o W N 0 OU ==I O H Z o I LE Q W Z 2 i ,„ (/� O f N O c o N Z Z F- LL 4-J ZQC Z F- N cn ' � * � a E ° m ILLV U Lu 7—W � 0 N o H O j a N OLn > W Z F a u o 0 Z 0� D a J N o W 11 H w F �WRIp,� _ ;, !n lilllt u, V11 � O col 0 Z LU LU Z � Z LU 961 i c � 2 2 \ m 0 � 0 § � � \ E w § 0 %/ k \ ° o U . m �3 _ - w/ 2 ] -0 % c 2\ � / a)-,.,e a� 2f a)a) �/ ) � (D CL Co . E a) 2 � � Cl) � � O U 4-0 Q) Q -�c CO Q) m � .cz J � Q)_ � O 4-1 � E j o� m ,(n -0.2 04�2 o ° (-E/ o ®o » R E § =Pc� c®=o B E § d e y.- c U/LG § ƒ 0 .$ e-0EE E-=L \IE= E .- 0 0 \°°� // m.� § E 5 % o E c, o m 7 S 5 3 f F o / E\0 0 c 2 o F m \ ) ewe E E § £ @ § � � •» E /c/ § »k �k [Eoo ( �( 0 Q) -0 o E f \\ E 2 0 / 2 / 0 0 °CL 0 k o U $Eo2 omR E 0 / k5 0 0 /\/2 § e § B / ƒ�) w � N N 0 N N N � � g A. - .a x W A O N 0 N N N � � � 0 Corer County Administrative Services Department Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items: WGeneral Bid Instructions has been acknowledged and accepted. ,r Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. Sr Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. 0 Vendor MUST be enrolled in the E-Verify - https://www.e-verify.gov/ at the time of submission of the proposal/bid. Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal or you MAY be DEEMED NON -RESPONSIVE E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. Form 4: Certification for Claiming Status as a Local Business, if applicable, has been executed and returned. Collier or Lee County Business Tax Receipt should be attached with your submittal to be considered. Form 5: Reference Questionnaires form must be utilized for each requested reference and included with your submittal, id applicable to the solicitation. Form 6: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. All forms must be executed, or you MAY be DEEMED NON -RESPONSIVE. Vendor W-9 Form. Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. All addenda have been signed and attached, or you MAY be DEEMED NON -RESPONSIVE. N Q' County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. r11�` Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. Co ier County Administrative Services Department Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined and accepted. The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a form of a formal contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to compete, submit a proposal, be awarded, or perform as a sub -vendor for any future associated work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _10 day of November_, 20_ in the County of DUVAL , in the State of FLORIDA—. Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: Email: Signature by: (Typed and written) Title: GUARDIAN FUELING TECHNOLOGIES 9452 PHILIPS HWY , SUITE#2 JACKSONVILLE, FL. 32256 59-3666776 904-680-0850 KWEISS@GUARDIANFUELTECH. COM KEN WEISS VICE PRESIDENT OF SALES Additional Contact Information Send payments to: Guardian Fueling Technologies, LLC (required if different from Company name used as payee above) Contact name: Marlana Nicolitz Title: Finance Director Address: PO Box 919355 City, State, ZIP Orlando, F132891-9355 Telephone: 904-680-0850 Email: mnicolitz@guardianfueltech.com Office servicing Collier Ft Myers Branch County to place orders (required if different from above) Contact name: Rolando Gil Title: Branch Manager Address: 12065 Metro Pkwy City, State, ZIP 33966 Telephone: 904-239-2057 Email: rgil@guardianfueltech.com C .ter CoUVIy pDMGbn' rn Form 2: Conflict of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated ibed by one of the three categories below: with this solicitation does not pose an organizational conflict as descr Biased ground rules — The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm, hupaired objectivity — The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information — The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currenly being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of publie record (in the "sunshine") or through non-public (not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the bestoftheir knowledge and belief, all relevant facts concerning past, present, or currently plumed interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict, us►rz &LA VA4, ee-M ilOL,o S Ebmpany Name " �J Signature P S10144, r� Print Name and Title State of County of (% Th=rOgO* trument was a�oayledged before me b ans of ❑ hy:&al p sence or ❑ on ' e notarization,this da (month), } �ft3 (year), by L"I ( me of person ac le ging). {Sig f otary Pu - State of Florida} _ o (" Personally Known .�A Produced Identification sty Type, or Stamp Commissioned Name of Notary Public) .,�., W Y ss's` M'DOD Typef Id oentification Produced" �Cs000A9gi2 eanuiemn,�t�,a� 2020 FLORIDA LIMITED LIABILITY COMPANY REINSTATEMENT DOCUMENT# L15000111357 Entity Name: GUARDIAN FUELING TECHNOLOGIES, LLC Current Principal Place of Business: 9452 PHILIPS HIGHWAY, SUITE 2 JACKSONVILLE, FL 32256 Current Mailing Address: 9452 PHILIPS HIGHWAY, SUITE2 JACKSONVILLE, FL 32256 US FEI Number: 59-3666776 Name and Address of Current Registered Agent: NUNN, JR., DANIEL B. 50 N. LAURA STREET,41ST FLOOR JACKSONVILLE, FL 32202 US FILED Oct 07, 2020 Secretary of State 0828112824CR Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: DANIEL B. NUNN, JR. 10/07/2020 Electronic Signature of Registered Agent Authorized Person(s) Detail Title MGR/CEO/P Name BATCHELOR,JOEY D Address 9452 PHILIPS HIGHWAY, SUITE 2 City -State -Zip: JACKSONVILLE FL 32256 Title CFO/S Name REESE, PATRICK Address 9452 PHILIPS HIGHWAY, SUITE 2 City -State -Zip: JACKSONVILLE FL 32256 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: PATRICK D. REESE CFO 10/07/2020 Electronic Signature of Signing Authorized Person(s) Detail Date E- Verify NUMBER # 109373 - ccilw 4 Y A&dHWMh96WViWSDewhwt PrOm"MemSelNon Wsion Form 3: Immigration Affidavit Certification This Affidavit is required and should be signed, by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program ftag www e-veriyy.ov,'), at the time of the submission of the Vendor's proposaltbid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the vendor's proposal/bid or within five (S) day of the County's Notice of Recommend Award Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (" INA" ). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the I986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with &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 ofthe Vendor's proposal/bid. t State of County 6C Th=9oing trument was acknowledged bef of(month), 1D2O (year), by =PusonallyKnownProduced Identification Type of Identification Produced t•. i+r�a:i Ya�hY + �M.i(:�llfHyt41Y""i?:JIFp1i:.l= •-•y+z'':; ; i 14N1-J'cL1RR4YfwAR1'Md: �'��' �+. •...�. sum gw4; Company N e Signature Ae,n li�l>�iss VP S►w�,c� Print Name and Title by mea_ ns of 13 physical pre- nce or &online notarization, this rF d'a, AA Lkl'a (name of person acknowledging). of Florida) or stamp Commissioned Name of Notary t�wwcvaWOOD Commission # GG 089642 C Expires April 3, 2021 f BnufedThmTmyFalkmmmKe80"W741A( P: �Eon�aT��v a Thank you for your time in allowing me to introduce Guardian Fueling Technologies, Inc. Guardian Fueling Technologies is a full line petroleum equipment design, equipment distribution, service and turnkey installation contractor. We specialize in selling and installing fueling systems and providing ongoing maintenance and consultation to our clients. We are long standing members of the FPMA (Florida Petroleum Marketers Assoc.), PEI (Petroleum Equipment Institute) &API. We are driven by VOC (Voice of the Customer). We listen to our customers, understand what they need, and provide quality, cost effective solutions to those needs. We operate facilities in 2 geographic regions the Southeast and the Mid Atlantic. The Southeast region includes branch offices in Florida, Georgia and Alabama. Brick and mortar locations in the Southeast consist of Tampa/St. Petersburg, Ft. Myers, Miami/Ft. Lauderdale, Orlando, Jacksonville, Tallahassee, Pensacola (Gulf Coast Region), Savannah, Ga & Birmingham, Al. Our Mid Atlantic regions includes branch offices in Georgia, South Carolina, North Carolina and Tennesee with offices in Atlanta, Columbia, Raleigh, Charlotte, Greensboro, Knoxville and Nashville. Established in 2001, we have over 19 years in business. From an equipment distributor perspective, we provide a full line of products for storage, dispensing, monitoring, tracking and safe conveyance of fuel to your customers. We are a full -line Gilbarco Veeder Root Distributor serving the region which consists of Florida, Georgia, Alabama, North & South Carolina and Tennessee. Our team of consultative sales professionals, engineers and service professionals will work with you from initial planning, through permitting, construction, startup of equipment and ongoing support for your locations. We carry most major best -in -class products lines for the petroleum equipment and c-store industry. Our buying power and volume help us buy at discounts that we pass along to our clients to help control your costs. From a contractor perspective, we are properly licensed Pollutant Storage System Contractors & Building Contractors We have 480+ employees; most of them are field installation (15+) crews and service (300+) personnel at our seventeen offices. Though we specialize in fueling systems, our capabilities allow us to work with our clients and solve unique challenges for them as needed. From installing tanks and fueling systems, parking lot repairs, dumpster enclosures, to lighting needs, EV Chargers and fuel polishing, we work to help you when you need us. From a service and support perspective, we provide 24/7/365 service. We never close! We guarantee our response times. With over 280 certified service technicians covering the Southeast through 17 regional offices, all with stocking warehouses with service parts and equipment, we minimize down time for our clients. We are factory authorized installers and warranty service providers for most major product lines in the industry. From fueling equipment, island equipment, lighting solutions, to electronic price -signs, we offer solutions. In addition, we also provide MANAGED MAINTENANCE and PREVENTIVE MANTENANCE programs with GUARANTEED RESPONSE that will improve your uptime..With Florida being so unique with regulations, we provide EPA/FDEP environmental compliance programs that reduce your regulatory headaches and improve your uptime and ability to pump fuel. We have an UNCONDITIONAL SERVICE GUARANTEE! We welcome the opportunity to meet with you and discuss your petroleum equipment/fueling system needs and requirements. We look forward to contributing to your success in serving you and providing you with a timely and quality product that fits your needs. We thank you for your consideration! Feel free to visit our website at www.+,ilardianfueltech.com as well to learn more about our organization. Sincerely, Ken Weiss VP of Sales GUARDIAN FUELING TECHNOLOGIES, INC. 904-962-6886 kwei s s (wgu ardi anfueltech. com CORPORATE OFFICES: P.O. Box 58120 - Jacksonville, Florida 32241 — 9452 Phillips Highway — Suite 5 — Jacksonville, Florida 32256 Telephone (904) 680-0850 — Fax (904) 680-0853 — www.guardianfueltech.com Fluid Storage Systems — Petroleum Equipment Systems — Chemical — Industrial — Alternative Fueling Systems — Green Energy Products JACKSONVILLE — TAMPA — MIAMI - FT. LAUDERDALE — FT. MYERS — ORLANDO — PENSACOLA — GULF COAST REGION COIT COU ty Administrative Services Department Procurement Services Division Form 4: Vendor Submittal — Local Vendor Preference Certification (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business) X❑ Collier County X❑ Lee County Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section Fifteen of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non -permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or X❑ Lee County: _15 YRS Number of Employees (Including Owner(s) or Corporate Officers): 480 Number of Employees Living in [X Collier County or ® Lee (Including Owner(s) or Corporate Officers): 25_ If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sian and Date Certification: Under penalties o j'pgrJu y, I certiti' that the information shown on this form is correct to my knowledge. Company Name: GUARDIAN FUELING TECHNOLOGIES Date: NOVENMBER LOTH, 2020 Address in Collier or Lee County: 12065 METRO PARKWAY, FL 33966 Title: _VICE PRESIDENT OF SALES Signature: CO%4, Tax Co actor � �m Ofw Dear Business Owner: Local Business Tax Receipt SUOCa0007 Your 2020-2021 Lee County Local Business Tax Receipt is attached below for account number 1203325. If there is a change in one of the following, refer to the instructions on the back of this receipt. • Business name • Ownership Physical location Business closed This is not a bill. Detach the bottom portion and display in a public location. I hope you have a successful year. Sincerely, C4,0. Lee County Tax Collector 2020 - 2021 - - - - - - LEE COUNTY LOCAL BUSINESS TAX RECEIPT Account Number: 1203325 Location: 12065 METRO PKWY 100 200 FT MYERS FL 33966 GUARDIAN FUELING TECHNOLOGIES LLC BATCHELOR JOEY DARIN 9452 PHILLIPS HWY STE 2 JACKSONVILLE FL 32256 Account Expires: September 30, 2021 POLLUTANT STORAGE SYSTEMS CONTRACTOR i THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY Payment information: PAID 561767-117-1 08nW020 10:53 AM $50.00 Collier County 017f76r Cmftty Achinid ative Senrtces Department Procurernent Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REpUIRED REFERENCE Reference Questionnaire for: (Name of Company Requesting Reference Information) Individuals Information) oV1.o VC-V\- [ Oy, 'r Solicitation 20-7803 ( I Name: w-��(�vt Go" Z C� l P ?i Company: S -� w", 1-. � C (Evaluator completing r1efe'rencce� questionnaire) (Evaluator's Company completing reference) Email: ()y►ZAterz-SP-eec0u" -Cott" FAX: Tele hone: 3 17 -T71 ^ 03 G.3 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale Of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdduai again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored 110." / Project Description: Di li.P yr,S r-ll C `�-oV1116"� Completion Date: Z (�� zQ r Project Budget: �l16 —Q ) o _ 1 Project Number of —r- — ... Days: Item 1 2 Criteria Ability to manage the project costs (minimize change orders to scope). Ability to maintain project schedule (complete on -time or early). Score must be com lewd) O 3 Quality of work. r-4 Quality of consultative advice provided on the project. Il S Professionalism and ability to manage personnel. ' 6 Project administration (completed documents, final invoice, final product turnover; — invoices; manuals or going forward documentation, etc.) Ability to verbally communicate and document information clearly and succinctly. D 7 8 Abiltity to manage risks and unexpected project circumstances. O 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. ld 10 _ Overall comfort level with hiring the company in the future (customer satisfaction). / O TOTA7. Rr'nRF. n-F AT r rrcARc ( 101812020 2:25 PM p. 20 ***UPDATED JANUARY 28, 2020*** Co ler County Administrative Servces Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: 01VkAY2A '%nh -jPU%Y19 1e4n"0109lies (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: DgvtD �5uaAton Company: Ci�1E (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:d an 0 CUM FAX: Telephone: 2N -'gkjb - 5089 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of I to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: UnoJeV_�_ �r,�_ K P q;V., Project Budget: Completion Date: lO 'LoboZa Project Number of Days: t Item I Criteria 1 I Ability to manage the project costs (minimize change orders to scope). must be com I 2 Ability to maintain project schedule (complete on -time or early). Quality of work. Quality of consultative advice provided on the project. 1 O 1 3 4 (c) 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 10 10 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. , 0 10 Overall comfort level with hiring the company in the future (customer satisfaction). ( O TOTAL SCORE OF ALL ITEMS Co Fier 0014nty Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) j Name: � (' �, A I'1 m e_) a Company: A Ip`1y Pe4m )e Q:,Y\ (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: CCi l,i'tuAr-iAooe, FAX: Telephone: 56J—C- SET-3��jZ Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Z : 'YQC N See, _-P, S`- 1 ` Project Budget: MSC_. Completion Date: _ _S I i ) 1 1 Project Number of Days: Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 0 2 Ability to maintain project schedule (complete on -time or early). 91 3 Quality of work. 0 4 Quality of consultative advice provided on the project. T) 5 Professionalism and ability to manage personnel. D 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. D 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. V 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Iq Cl _ Request for Taxpayer Give Form to the Formg (Rev. October 2018) Identification Number and Certification requester. Do not eTrnerrt of the Treasury send to the IRS. , Internal Revenue Service ► Go to www.1rs.gov/FormW9 for Instructions and the latest information. t Name ass own on your Income tax return . Warrig Mq_Orea on this ne; do not leave this line blank. Guardian Fueling Technologies, LLC 2 Business name/disregarded entity name, if Ofterent from above a, 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check on one of the N 4 Exemptions codes a on to see � following seven boxes. sep certain entities. not individuals; a instructions on page 3): o ElIndtvidual/sole proprietor or ❑ C Corporation ElS Corporation ElPartnership ElTrustiestate in single -member LLC Exempt payee code (if any) 0 ❑� Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting +• ?n LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code Of y) a v another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that ,E is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ► (Apprer to accaume mafnlWned ouh d• the v.sJ 5 Address (number, ste et, and apt. orsu to no.)5ee nitruct one Requestors Name and Address (optional) 9452 Philips HWY, Suite #2 B City, state, and ZIP code Jacksonville, FL 32256 Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid ] social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other — entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a F FF TIN, later. Or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. �(��� 15191 -1 31 6 6 6 7 7 F6 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancw ation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividena6NouAke not required o sign the cen ification, but you must provide your correct TIN. See the instructions for Part 11, later. "rfirl Signature of Here I U.S. person I General Instructions ! J Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date 03/19/2020 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TlN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form -9 (Rev.10-2018) Form W-9(Rev.10-2018) By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, I you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Forth W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Page 2 Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocoQ and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form B233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding 'rf: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specked United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-201 8) Page 3 Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFQ), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C corporation, or 8 corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)QiQ. Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even N the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter It on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. IF the entity/person on line 1 is THEN check the box for ... a(n)... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited liability company and enter! U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or (P= Partnership; C= C corporation;, 2553 to be taxed as a corporation, or S= S corporation) or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate TrusVestate Line 4. ExemDtions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(%2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-8(Rev.10-2018) The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for .. , j THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,000' Payments made in settlement of "i Exempt payees 1 through 4 payment card or third party netwo transactions 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(Q E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) Page 4 M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classed as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at wwwdrs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev.10-2018) 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2, Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdeil ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: I Give name and SSN of: 1. Individual The individual 2. Two or more individuals Qoint The actual owner of the account or, if account) other than an account combined funds, the first individual on maintained by an FFI the account' 3. Two or more U.S. persons Each holder of the account Ijoint account maintained by an FFI) 4. Custodial account of a minor The minorz (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust The grantor -trustee' (grantor is also trustee) b. So-called trust account that is not The actual owner' a legal or valid trust under state law 6. Sole proprietorship or disregarded The owner, entity owned by an individual 7. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) For this type of account: Give name and EIN of: 8. Disregarded entity not owned by an The owner individual 9. A valid trust, estate, or pension trust Legal entity° 10. Gorporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 11. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 12. Partnership or mufti -member LLC The partnership 13. A broker or registered nominee I The broker or nominee Page S For this type of account: IGive name and EIN of. 14. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15, Grantor trust fling under the Form The trust 1041 Fling Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)()(B)) t List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. P Circle the minor's name and furnish the minor's SSN. , You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (fAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTYJTDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Form W-9 (Rev. 10-2018) The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at seam®uce.gov or report them at wwwJtc.gov/complaint. You can contact the FTC at www.ftc.govJidtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.ldenti4ffheft.gov and Pub. 5027. Visit www.lrs.govIldentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons Including federal agencies) who are required to fie information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. GUARFUE-01 CGARRI A�ORU° CERTIFICATE OF LIABILITY INSURANCE DAT IVYYY) 11/6/20/6/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER .N NTACT Tanner, Ballew and Maloof, Inc. PHONE FAX 5871 Glenridge Dr (A/C, No, Ext): (404) 252-8860 (A/C, No):(404) 252-8834 Suite 400 ED IE Atlanta, GA 30328 INSURED Guardian Fueling Technologies LLC 9452 Philips Hwy Ste 2 Jacksonville, FL 32256 INSURER D : INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR TYPE OF INSURANCE ADDL'SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS . fMMfO DlYYYY} fMMIQDp7YYl _ A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X 04GL1046168 9/1/2020 9l1/2021 EACH OC DFAMg�5E X Pollution Liability X Professional Liab MED EXP PERsow GEN'L AGGREGATE LIMIT APPLIES PER: GENERAI POLICY ❑X JERT LOG OTHER: PR. B AUTOMOBILE LIABILITY _ COMBI dE X ANY AUTO 810-1 R667854 9/112020 9/112021 BODILY It OWNED SCHEDULED AUTOS ONLY AUTOS E BODILY It HIRED NON WNED ROPERI AUTOS ONLY AUTO ONLY Per acrid A X UMBRELLA LIAB X OCCUR EACH OC EXCESS LIAB CLAIMS -MADE FFX203291910 911/2020 91112021 DED X RETENTION$ 0 AGGREG C 'WORKERS COMPENSATION PER AND EMPLOYERS' LIABILITY Y / N X TA" ANY PROPRIETORIPARTNER/EXECUTIVE WWC3492585 9/1l2020 911l2021 E.L. EACIF OFFICERIMEMBER EXCLUDED? NN / A (Mandatory in NH) E.L. DISEE If yes, describe under DESCRIPTION OF OPERATIONS below ..`� E.L. DISEE 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Collier County Board of Commissioners is included as additional Insured with respect to general liability on a primary and non-contributory basis as required by written contract per the attached. 30 day notice of cancellation, 10 for non-payment of premium. Collier County Board of Commissioners 3295 Tamiami Trail East Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4. collier County Administrative Services Department Procurement Services D'nnsion COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE SOLICITATION NO.: 20-7803 DEBORAH MCCORMICK, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Deborah.McCormick@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 20-7803 PROJECT TITLE: FUEL STORAGE TANK SYSTEMS TESTING AND SERVICE PRE -PROPOSAL CONFERENCE: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: TUESDAY, NOVEMBER 10,2020 4 10:00 A.M. EST. PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsvnc.com/bidsvnc-cas/ INTRODUCTION I As requested by the Solid & Hazardous Waste Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified contractor(s) in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $239,000.00 annually; however, this may not be indicative of future buying patterns. J BACKGROUND J The Contractor shall provide Collier County Solid and Hazardous Waste Management Division (Hereinafter, the "Division or Department') with aboveground and underground fuel storage tank testing and repair services. Fuel storage tanks are used as standby emergency power generating systems, new or used oil storage, and vehicular or boat fueling. The tanks are located at (276) facilities throughout the County. Fuel type and tank capacities vary between sites and are further detailed on the Attachment A, Collier County Flammable and Combustible Tanks. TERM OF CONTRACT The Agreement term, if an award(s) is/are made is intended to be for three (3) year with two (2) one (1) year renewals. Prices shall remain firm for the initial term of this Agreement. Surcharges and/or travel and related expenses will not be accepted in conjunction with the awarded Agreement. The County Representative, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Representative or designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All eoods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier reeulations. Risk of loss of anv goods sold hereunder shall transfer to the COUNTY at the time and place of delivery, provided that risk of loss prior to actual receipt of the Qoods by the COUNTY nonetheless remain with Contractor. DETAILED SCOPE OF WORK Services shall include, but not be limited to, scheduled testing, inspections, training, maintenance, repairs and critical services. All services shall be performed in accordance with manufacturer recommendations, County requirements as well as State and Federal regulatory requirements. All work must be compliant with the following: A. Florida Administrative Codes (FAC) • Code: 6G4-15.027 — Pollutant Storage System Specialty Contractors • Code: 62-761— Underground Storage Tanks Systems (UST) • Code: 62-762 — Aboveground Storage Tanks Systems (AST) B. National Fire Prevention Association (NFPA) and Combustible Liquids Code • Code: 30 — Flammable and Combustible Liquids Code • Code:30A — Code for Motor Fuel Dispensing Facilities and Repair Garages C. Referenced Standards in 62-761/762, FAC • Petroleum Equipment Institute (PEI) • American Petroleum Institute (API) • Steel Tank Institute (STI) • Underwriters Laboratories (UL) • The American Society of Mechanical Engineers (ASME) • National Leak Prevention Association (NLPA) • American Concrete Institute (ACI) 2. LICENSES & CERTIFICATIONS A. The Contractor, at the time of proposal submittal, shall possess, and maintain throughout the term of the Agreement period and any renewal periods, employee(s) of the company for manufacturer specific installation, maintenance and repair holding the following license and certifications (certified by the Department of Business and Professional Regulations). Proof shall be provided upon proposal submittal or before a notice of recommend award is made and shall be provided annually throughout the duration of the Agreement. A copy of the employee's license and/or certification confirms the employee will be able to perform work for the County under the resultant Agreement. It shall be the Contractor's responsibility to update the County with any employee changes regarding this requirement. • General Contractor's License • Pollutant Storage System Specialty Contractor (PSSSC) • Registered Precision Tank Tester (RQ) B. Contractor employee certification and / or licensing shall include, but not be limited to: • Veeder-Root Fuel Tank Monitor Systems • OMNTEC Fuel Tank Monitor Systems • INCON Fuel Tank Monitor Systems (Franklin Fueling Systems) • Pneumercator Fuel Tank Monitor Systems • OPW Fuel Tank Monitor System C. Contractor shall be licensed to operate a business in Collier County. A copy of the business tax license shall be provided upon proposal submittal or before a notice of recommend award is made. D. Contractor and employees shall be properly licensed as required by Federal, State and Local regulations. 3. NEW EQUIPMENT & PARTS All equipment and parts provided and installed by the Contractor under the awarded Agreement shall be new and free of defects and may require County approval prior to installation. A. Equipment and parts provided and installed under the awarded Agreement must be listed on the most recent version of the Florida Department of Environmental Protection Approved/Registered Storage Tank System Equipment List unless the equipment is exempt from registration in 62-761/762, FAC. The Contractor must also have the ability to order and receive parts in a timely and effective manner. B. The County's Representative, shall coordinate with the Contractor the return of any surplus materials, supplies and equipment. 4. PROTECTION OF PROPERTY The Contractor shall ensure that the services are performed in such a manner as to not damage any property. In the event damage occurs to any property as a direct result of the Contractor or their subcontractor in the performance of the required services the Contractor shall repair or replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Contractor or their subcontractor has to be repaired or replaced by the County, the cost of such work will be deducted from the monies due to the Contractor. 5. INSPECTION & TESTING All required reports and testing shall be done in accordance with 62-761/762, FAC and NFPA 30/30A. A. Operability testing shall be performed as needed to certify the functionality of the fueling systems. B. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. C. Inspection and or test reports shall be provided to the County Representative within one week after the date of service via e-mail. The Contractor is responsible for obtaining confirmation from the County Representative that the report was received. Inspection and testing may include, but shall not be limited to: • Release Detection Devices • Line Leak Detector testing • Tank Tightness Testing (Primary Compartment) • Piping Tightness Testing (Primary Compartment) • Breach of Integrity Testing (BOI) tank, piping, sump and spill bucket • Hydrostatic Testing of Containment Sumps, Dispenser Sumps, and Submersible Turbine Pump Sumps • Inert Gas Testing Material • Calibration of Dispensers for Fuel • Overfill Prevention Valve (OPV) for Underground Storage Tanks (UST), Aboveground Storage Tanks (AST) with and without remote fill • High Level Alarm Testing • Mechanical Level Gauge Testing • Electronic Level Gauge Testing • Monthly Release Detection Checks 6. REPAIR & MAINTENANCE SERVICES A. Repair and maintenance services may include, but shall not be limited to: • Replacement of aged or damaged equipment including tanks • Installation and closure of tanks • Tank pressure washing • Tank painting (including corrosion removal and surface prepping) • Boot replacement in tank, dispenser, piping, and transition sumps • Spill containment replacement • Replacement of sensors for monitoring systems, gauges and/or alarms • Replacement sumps for dispenser, tank, transition and/or piping • Nozzle, valve and/or cap replacement(s) • Hose and/or Breakaway replacement • Sump closure assessment sampling • Tank monitoring system software and firmware maintenance in accordance with manufacturer recommendations • Fuel Polishing B. Reports shall be provided to the County Representative within one week after the date of the service via email other than a closure assessment sampling report which is due within 6 weeks of the date of service. Contractor is responsible to obtain confirmation from the County Representative that the report was received. All required reporting shall be in accordance with 62-761/762, FAC and NFPA 30/30A. C. For projects where excavation or demolition will be performed, the Contractor shall follow Florida Statute Chapter 556 Underground Facility Damage Prevention and Safety and the guidelines of the Sunshine State One Call of Florida. In the event of any damages to, or dislocation of, any utility in connection with an excavation, the Excavator shall immediately notify the County Representative and the utility owner. D. The Contractor shall only invoice for actual time at the job site. The County Representative will confirm charges. 7. WASTE DISPOSAL The Contractor shall be responsible for: • Removing all debris and unusable materials resulting from their work and as work progresses, or upon request by the County's Representative from the property. • Contractor shall leave all affected areas as they were prior to beginning work (i.e. backfill trenches and replace sod) • Dispose of all waste, solid or liquid, from County property in accordance with all Federal, State and Local laws and regulations. 8. DISCHARGE/SPILLS A. The Contractor shall take appropriate precautions against leaks, spills, overfills and other fuel discharges. In the event a discharge is deemed to have been caused by the Contractor while working on the storage tank system, the Contractor shall immediately notify the County Representative by phone call and follow up email detailing the discharge event's time and date, cause, amount discharged, impacted areas and environmental media contaminated (i.e. groundwater, surface water, soils). B. The Contractor shall immediately remediate the area in compliance with Florida Department of Environmental Protection (FDEP) requirements at no cost to the County. • Fuel spilled into overspill containments during nozzle connection and disconnection shall be appropriately recycled and not discharged onto the ground at the facility. • Spills exceeding one gallon shall be immediately reported to the County • Spills of 25 gallons or more onto pervious surfaces or 100 gallons or more onto impervious surfaces shall be immediately reported to the FDEP and the County • The Contractor shall be accountable to recover, assess and remediate fuel spills to a "no further assessments" determination by the FDEP and the County or a Site Rehabilitation Completion Order by the FDEP 9. PERMITS Where required, the Contractor shall be responsible for permit submissions, unless otherwise instructed by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. The Contractor must use a qualified engineer or company representative (with all related licenses and certifications being current and in full force and applicable jurisdiction) with the experience and ability to obtain all permits required for any and all repairs, when necessary and applicable. 10. SAFETY The Contractor shall comply with all Occupational Safety and Health Administration (OSHA), National Electric Code (NEC), and any other applicable rules and regulations. Contractor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 11. COLLIER COUNTY SITES The Contractor shall note that Collier County has multiple sites, located within Collier County, Florida, that may place orders under the awarded Agreement. 12. ASSIGNMENT OF WORK • The Contractor shall provide a company contact name, phone number and email address for normal business hour requests and for urgent or critical requests. • The Contractor shall be available twenty-four (24) hours per day, 365 days per year. • If the Primary Contractor does not respond in the required time period for response, the County may solicit the Secondary Contractor and then the Tertiary Contractor. • Projects with a County estimated value of $50,000 to $199,999 will require quotes from all awarded Contractors within the proper response times as listed below. Lowest quote shall be awarded the projects. Failure to submit a quote may be deemed a breach of the awarded Agreement and could result in termination with the Contractor. Projects above $199,999 shall require a new solicitation. • The County will issue a Purchase Order, no work shall be performed until the Contractor is in receipt of an approved Purchase Order, exceptions may be made by the County in an urgent or critical event. • Should the scope of work originally quoted change, it is both the Contractor and the County Representative's responsibility to assure a modified Purchase Order is issued. Failure to update the Purchase Order may delay payment. • A Purchase Order shall survive the awarded Agreement expiration to allow completion of services. 13. CONTRACTOR RATES All rates quoted shall include the total labor cost including, but not limited to, the hourly employee pay rate, insurance, Contractor's overhead, profit, employee -related taxes, and any, and all cost associated with the employee travel including cost of vehicle, mileage, fuel charges and any other surcharges. 14. INVOICES The Contractor shall produce invoices that contain the following details regarding the services performed: • Purchase Order number • Location of Service and any division/department reference number for the service • Equipment and/or parts may be invoiced at cost plus 10% markup (markup does not apply to shipping or freight charges). All shipping or freight charges must have backup documentation. • Rentals may have a 10% markup and subcontractor invoice can be marked up 15% but the subcontractor hourly rate cannot exceed the Contractor's rate. A copy of the subcontractor quote or invoice must accompany the Contractor's invoice submitted to the County for payment. • Equipment or parts with a single item amount of $100.00 or more shall require back-up documentation. Contractor must also have the ability to order and receive parts in a timely and effective manner 15. WORK HOURS Normal business hours shall be 7:00 am to 5:00 p.m., Monday through Friday, excluding County observed holidays. Hours outside of normal business hours, or hours during County requested urgent or critical work shall be considered overtime and charged at the rate of time and a half (1.5) hourly. County approval must be provided to the Contractor in writing prior to the start of work (or as soon as possible) for work that would be charged at the overtime rate. Overtime rate shall not exceed time and a half (1.5) hourly rate regardless of holiday, weekends, urgent or critical request. 16. RESPONSE TIMES Should the Primary Contractor fail to respond or perform within the required times below without obtaining a written time extension from the County, the County will request the service from the Secondary and then the Tertiary Contractors. Primary Contractor shall not have the right to invoice the County for any material or service related to the project they were excused from for failure to meet the response time. This shall apply to the Secondary and Tertiary Contractors as well. If the Tertiary fails to perform, the County reserves the right to request the service from Contractors outside of the awarded Agreement. See "Performance Measures" below for additional requirements. The County reserve the right to request service from all of the awarded Contractors, and if deemed necessary by the County, Contractors outside of the awarded Agreement, during a critical event. A. STANDARD REQUEST The Contractor shall acknowledge a request for a quote via email within twenty-four (24) hours from the time the County issued the request. The Contractor shall provide a written quote to the Requestor via email within three (3) days of the initial request from the County. The Contractor shall start work within two (2) days after a valid Purchase Order has been emailed to the Contractor by an appropriate County Representative. If additional time is needed, the Contractor must obtain written approval for time extension from the appropriate County Representative. B. URGENT REQUEST • The Contractor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. • The Contractor shall be on -site within three (3) hours after the County's initial request, unless the County agrees to a different arrival time. A response time exceeding the three (3) hours must be approved in writing by an appropriate County Representative. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial urgent request. • The Contractor shall be paid time and a half (1.5) hourly rate for urgent requests regardless of the day or time the work is performed. C. CRITICAL REQUEST • The Contractor(s) shall acknowledge critical requests as outline in Urgent Request above. • It is the Contractor's responsibility to assure a Purchase Order has been received within forty-eight (48) hours of the initial critical request. • Contractor(s) shall be paid time and a half (1.5) hourly rate for critical requests regardless of the day or time the work is performed. • The Contractor(s) shall assist the County with various preparations that may include, but shall not be limited to: ■ Isolating fueling components ■ Draining lines ■ Turning off valves ■ Anchoring equipment 17. PERFORMANCE MEASURES • Time is of the essence with respect to all provisions within the awarded Agreement. Any delay in performance, not approved in writing by an appropriate County Representative, shall constitute a material breach of the awarded Agreement. • The Contractor shall complete all work within the agreed completion date unless written approval for additional time is provided to the Contractor from the County Representative that is placing the order or their Designee. The County reserves the right to cancel an order, place the order with another contractor without cost or obligation to the County, if the order's delivery is not met without prior written time extension approval from the County. County may access liability damages for "actual damages' incurred, flat rate for orders not received. • The Contractor shall perform a joint inspection with the County upon completion of all work, unless waived by the County Representative or designee. The work shall not be deemed complete until all requested documentation has been provided to the County Representative or their designee. • In the event the work performance by the Contractor is unsatisfactory, the Contractor will be notified by the County and shall be given seven (7) calendar days to correct the work at no additional cost to the County. The County reserves the right to withhold monies owed until the work is completed to the County's satisfaction. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY' S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 10 Points 2. Cost of Services to the County 35 Points 3. Experience and Capacity of the Firm 35 Points 4. Specialized Expertise of Team Members 20 Points TOTAL POSSIBLE POINTS 100 Points 7 Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your proposal may be deemed non -responsive' EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (10 Total Points Available) Provide a cover letter, signed by an authorized officer of the company, indicating the underlying philosophy of the company in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is the Contractor's certification that the Contractor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO.2: COST OF SERVICES TO THE COUNTY (35 Total Points Available) • Complete the below Fee Schedule • Surcharges and/or travel related expenses will not be accepted. Fuel Storage Tank Systems Testing and Service Fee Schedule Item Description Unit Unit Price 1 Superintendent (Foreman) per Hour (straight time) 1 Hour $ 00 ,A. - 2 Certified Technician per Hour (straight time) 1 Hour $ 00 - 3 General Laborer / Helper per Hour (straight time) 1 Hour $ 00 44. - 4 Petroleum Contact Water Disposal er gallon) 1 Gallon $ ` . 25 - 5 Waste Petroleum / Fuel Disposal (per gallon) 1 Gallon $ 6 J Fuel Polishing (per gallon) 1 Gallon $ • CEO 00 4 35 The below list is nonnegotiable New Equipment ment and Parts Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% Urgent and Critical Markup Rate Time and a Half (1.5) Hourly EVALUATION CRITERIA NO 3: EXPERIENCE AND CAPACITY OF THE FIRM (35 Total Points Available) In this tab, include but not limited to: • Abilities, capacity, skill, and financial strength of the company. • Number of years of experience in providing similar services as requested in this solicitation. The County requests that the CONTRACTOR submits no fewer than three (3) and no more than ten (10) completed reference forms from clients within the past five (5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Contractor that best represent projects of similar size, scope and complexity of this project using the Reference Questionnaire form provided in BidSync. Contractors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Contractor on relevant project work. EVALUATION CRITERIA NO. 4: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) In this tab, include but not limited to: • Number of fulltime Team members employed by the company. • License and certification held by Team members as they relate to this solicitation. • List of primary Team members that will be assigned to Collier County with their experience and credentials listed below: o General Contractor's License o Pollutant Storage System Specialty Contractor (PSSSC) o Registered Precision Tank Tester (RQ) VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** fa � W Z F— LU cl E a, Z u Ln L 17 LU s d W LU V, OLU D o m = Z cn Q - .fir .� _ O L N � � ° �o L u I Vi w Q t�lt Q W C N N ,o Li LU LU 4-1 I rat jl�li' � � a LL W N ❑ a J w Z., �' c I- c/� Z Ln Q l _ Q.4 z (L) �, L O LL �� < <L_n W = O O cv m V ;R._.. _ W NO(LL1 c=c ° m V) F- Q > LU a u O Z L •i l7 L F- V la— o ° O o W a H ❑ W of � � ��.`�-• ❑ LICENSE RECEIPT 002400 COLUMBIA COUNTY BUILDING DEPARTMENT CONTRACTOR LICENSING ISSUE DATE 11/5/2020 NAME CHRISTOPHER COLLURA EXPIRATION DATE8/31/2022 PHONE 904-680-0850 ADDRESS 9852 PHILLIPS HWY STE #2 FEE TYPE Application FEE PAID 15.00 Credit Card Ref# 6996154 COMMENT COLUMBIA COUNTY COMPENTENCY LICENSE CHRISTOPHER COLLURA GUARDIAN FUELING TECHNOLOGIES LLC CERT. BUILDING Issued: 11/5/2020 Status: A County Lic Expires: 8/31/2022 State Lic #: CBC1263954 002400 State Lic Expires: 8l31/2022o,gsmco, 4 L B&Z Coordinator: ' o �r rof`' LICENSE RECEIPT 002400 COLUMBIA COUNTY BUILDING DEPARTMENT CONTRACTOR LICENSING ISSUE DATE 11/5/2020 EXPIRATION DATE8/31/2022 NAME CHRISTOPHER COLLURA PHONE 904-680-0850 ADDRESS 9852 PHILLIPS HWY STE #2 JACKSONVILLE, FL 32256 FEE DUE 0.00 FEE TYPE Application 102-0000-316-20.01 FEE PAID 15.00 CREDIT CARD Ref# 6996154 COMMENT I-PCCO56736 IlNELLAi C:OUN i'Y CONS RUCI ION ( 9 LICH.NSING BOARD THISCERTIFIIiSTIlAT ChristopherJCollura DBA Guardian Fueling Technologies I,LC STATE CER r 4 I-PCC056736 HAS FILED 1lISMER LICENSE AND PROOF OF REQUIRF,D I,IABlidrY AND WORKERS' CON.PENSATION INSURANCF. WITH nilS BOARD. 1N GOOD STANDING UNTIL. September 30, 202I DATE OF ISSUANCE 07/14/2020 Collura, Chrisropher,l * Please cut out license along lines 9452 Philips Highway Ste S Jacksonville, FL 32256 Coder County Administrative Services Division Procurement Services Date: October 9,2020 Email: Deborah.McCormick@colliercountyfl.gov Telephone: 23 9-252-42 70 Addendum 1 From: Deborah McCormick, Procurement Strategist To: Interested Bidders Subject: Addendum # 1: 20-7803 Fuel Storage Tank Systems Testing and Service The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Change 1. Insurance Requirements Revised 1 pelhA-ien $ 2,Per-e 1 Pollution $ 1,000,000 Per Occurrence & $2,000,000 aggregate If you require additional information please post a question on our Bid Sync (www.bidsti nc.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above (Signatdre) (Name of Firm) 11-q - 20X Date Ar- Coiner County m� Administrative Services Division Procurement Services Date: October 13,2020 Email: Deborah.McCormick@colliercountyfl.gov Telephone: 239-252-4270 Addendum 2 From: Deborah McCormick, Procurement Strategist To: Interested Bidders Subject: Addendum # 2: 20-7803 Fuel Storage Tank Systems Testing and Service The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: Previous awarded Vendor and Bid Schedule If you require additional information please post a question on our Bid Sync (www.bids),nc.com) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. . 11- 9 - 2Q 20 Date C� w,aci t,av, l'uQli n a l rc Ur,r,oln a ie S (Name of Firm) EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION To be submitted with each bid or offer exceedin 100 000 The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. CiV1Al2G►r1+r1 "T�lin4 1E�'hnO�oG4�S Contractor (Firm Name) A�� v4� Signature of Contractor's Authorized Official Ln 0-6—.'s VP 2k S,�1 Name and Title of Contractor's Authorized Official It -4 - 2020 Date EXHIBIT I - 8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name C,U � QL4 i ,g n �u��► nc l ham, o�oGi� 5 Date ll - Q - 2b2O Authorized Signature r Afloc° 1 EXHIBIT I - 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR By: Signature KEN WSISS VP A SA NeS Name and Title Street Address ,49CKSoeL oAr H - 32256, City, State, Zip 00 5-s29(v93 DUNS Number Il-q-202c�) Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 6 From: Donovan Correa To: McCormickDeborah Subject: FW: Certifications or Proof of Training Needed Date: Thursday, February 11, 2021 1:53:37 PM Attachments: image012.ona image015.png FW Pneumercator certifications.msa RE OPW tank Gauge certifications.msg Importance: High EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Fyi, Donovan Correa Petroleum Business Consultant Guardian Fueling Technologies 12065 Metro Parkway FT. Myers, Florida 33966 Cell #239-229-4354 dcorrea(& guardianfueltech. com Providing Superior Service V ,GUARDIAN FUELING TECHNOLOGISS - Please consider the environment before printing this e-mail. Please be advised that this email may contain confidential information. If you are not the intended recipient, please notify us by email by replying to the sender and delete this message. The sender disclaims that the content of this email constitutes an offer to enter into, or the acceptance of, any agreement provided that the foregoing does not invalidate the binding effect of any digital or other electronic reproduction of a manual signature that is included in any attachment. From: Donovan Correa <DCorrea@guard ianfueltech.com> Sent: Thursday, February 11, 2021 12:44 PM To: 'Snyderbu rn Phil' <Phil.Snyderburn@colliercountyfl.gov>; Ken Weiss <kweiss@guardianfueltech.com>; Rolando Gil <RGil@guard ianfueltech.com> Cc: Donovan Correa <DCorrea@guard ianfueltech.com> Subject: RE: Certifications or Proof of Training Needed Importance: High Captain Phil, Please see attached Pneumercator & OPW.. we are still awaiting Omntec response.. thanks Donovan, Donovan Correa Petroleum Business Consultant Guardian Fueling Technologies 12065 Metro Parkway FT. Myers, Florida 33966 Cell #239-229-4354 dcorreana, euardianfueltech. corn Providing Superior Service Fl GUARDIAN ii�efin' Please consider the environment before printing this e-mail. Please be advised that this email may contain confidential information. If you are not the intended recipient, please notify us by email by replying to the sender and delete this message. The sender disclaims that the content of this email constitutes an offer to enter into, or the acceptance of, any agreement; provided that the foregoing does not invalidate the binding effect of any digital or other electronic reproduction of a manual signature that is included in any attachment. From: SnyderburnPhil <Phil.Snyderburn(@colliercountyfl.gov> Sent: Wednesday, February 10, 2021 3:18 PM To: Donovan Correa <DCorrea(@guard ianfueltech.com>; Ken Weiss <kweiss(@guardianfueltech.com>; Rolando Gil <RGil(@guardianfueltech.com> Subject: Certifications or Proof of Training Needed Good Afternoon, With the attachments we could strike off the following but still need proof of certification or training for the following tank monitoring systems OPW, OMNTEC, & PNUEMERCATOR. There are flyers for classes We require the following information to move forward on the award: i N EGip} OPW OM NTEC V_ _ J _ .. Roo t Pneumercator — Regards, Philip Snyderburn, CPM, SP001 Environmental Compliance Manager Hazardous Materials C i C tY Solid and Hazardous Waste Management Division Deliver best value, high quality, sustainable solid waste management services that meet our customers' expectations. 3728 White Lake Blvd, Naples, Florida 34117 Mobile: 239-207-0920 Desk Phone: 239.252.5081 Fax: 239-252-6580 ,V. rim 4 I� ipLLlO! 00L�i1YNQO NMMMA AaAff- jArTB�rrr ,ttr, Member 2019-2020 Member 2020-2021 Collier County Tanks Program Infomercial `,A Please consider the environment before printing this e-mail and have a wonderful day! From: Donovan Correa <DCorrea(@guardianfueltech.com> Sent: Wednesday, February 10, 2021 2:22 PM To: McCormickDeborah <Deborah.McCormick6D col Iiercountyfl.gov> Cc: SnyderburnPhil <Phil.Sn)lderburn(@colliercount)lfl.gov>; Ken Weiss <I<weiss(@guardianfueltech.com>; Rolando Gil <RGil(@guardianfueltech.com>; Donovan Correa <DCorrea(@guardianfueltech.com> Subject: RE: Required documentation EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Deborah, Please see attached as requested, thanks & have a great day all! Donovan Correa Petroleum Business Consultant Guardian Fueling Technologies 12065 Metro Parkway FT. Myers, Florida 33966 Cell #239-229-4354 dcorreag auardianfueltech.com Providing Superior Service 74 GUARDIAN FUELING TECHNOLOGIES c, Please consider the environment before printing this e-mail. Please be advised that this email may contain confidential information. If you are not the intended recipient, please notify us by email by replying to the sender and delete this message. The sender disclaims that the content of this email constitutes an offer to enter into, or the acceptance of, any agreement; provided that the foregoing does not invalidate the binding effect of any digital or other electronic reproduction of a manual signature that is included in any attachment. From: McCormickDeborah <Deborah.McCormicl<l@colliercountyfl.gov> Sent: Wednesday, February 10, 20219:29 AM To: Donovan Correa <DCorrea(@guard ianfueltech.com> Cc: SnyderburnPhil <Phil.SnyderburnPcolliercountyfl.gov> Subject: FW: Required documentation Importance: High Donovan, I am still waiting for a copy of license or certifications on the items listed below. This is a requirement that needs to be completed before I can send the recommendation to contracts for award. e require the following information to move Registered Precision Tank Tester (RQ) ICON OPW OMNTEC Veeder-Root eglililigft ess Tax license Respectfully, Deborah McCormick Procurement Strategist Copier County Procurement Services Division 3295 Tamiami Trail East, Bldg. C2 I Naples, FL 34112 Phone I Office (239) 252-4270 email Deborah. McCormick(@colliercountyfl.gov "HOW ARE WE DOING?" Please Take Our Survey We appreciate your feedback! BidSync (now known as Periscope SOURCE) is Collier County's bid platform, and registration is free. Register today at: www.bidsync.com For registration assistance please contact BidSync customer service at 800-990-9339 or email: support(@bidsync.com From: McCormickDeborah Sent: Monday, February 1, 2021 12:03 PM To: dcorrea(@guardianfueltech.com; kweiss(@guardianfueltech.com Subject: Required documentation In the solicitation we requested the following information to be submitted at time of bid opening or NORA to be issued: 2. LICENSES & CERTIFICATIONS A. The Contractor, at the time of proposal submittal, shall possess, and maintain throughout the term of the Agreement period and any renewal periods, employee(s) of the company for manufacturer specific installation, maintenance and repair holding the following license and certifications (certified by the Department of Business and Professional Regulations). Proof shall be provided upon proposal submittal or before a notice of recommend award is made and shall be provided annually throughout the duration of the Agreement. A copy of the employee's license and/or certification confirms the employee will be able to perform work for the County under the resultant Agreement. It shall be the Contractor's responsibility to update the County with any employee changes regarding this requirement. • General Contractor's License • Pollutant Storage System Specialty Contractor (PSSSC) • Registered Precision Tank Tester (RQ) B. Contractor employee certification and / or licensing shall include, but not be limited to: • Veeder-Root Fuel Tank Monitor Systems • OMNTEC Fuel Tank Monitor Systems • INCON Fuel Tank Monitor Systems (Franklin Fueling Systems) • Pneumercator Fuel Tank Monitor Systems • OPW Fuel Tank Monitor System C. Contractor shall be licensed to operate a business in Collier County. A copy of the business tax license shall be provided upon proposal submittal or before a notice of recommend award is made. D. Contractor and employees shall be properly licensed as required by Federal, State and Local regulations. I have received the following: Pollutant: Joey Darin Batchelor General — Christopher Collura Re ICON OPW OMNTEC Veeder-Root — Pneumercator — Operate in Collier Cou Would you send me these Certifications/License as soon as you can? Let me know if you have any questions. Respectfully, Deborah McCormick Procurement Strategist C;Qte7' Coi4nty Procurement Services Division 3295 Tamiami Trail East, Bldg. C2 I Naples, FL 34112 Phone I Office (239) 252-4270 email Deborah. McCormick(@colliercountyfl.gov "HOW ARE WE DOINGT' Please Take Our Survey We appreciate your feedback! BidSync (now known as Periscope SOURCE) is Collier County's bid platform, and registration is free. Register today at: www.bidsync.com For registration assistance please contact BidSync customer service at 800-990-9339 or email: support(@bidsync.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This email has been scanned for spam and viruses. Click here to report this email as spam. Name Email Phone Bryan Newman bnewman@guardianfueltech.com 4072129905 Juan Boada jboada@guardianfueltech.com 407-321-0130 Dean Baptiste dbaptiste@guardianfueltech.com 407-321-0130 Ade Nelson anelson@guardianfueltech.com 407-321-0130 Shane Heikes shaneheikes@guardianfueltech.com 407-321-0130 Carmelo Ramos cramos@guardianfueltech.com 321-354-4323 Kenny Carpia kennycapria@guardianfueltech.com 407-321-0130 Jose Cardo josecardo@guardianfueltech.com 407-321-0130 Corey Barker coreybarker@guardianfueltech.com 4073210130 Alex Villanueva avillanueva@guardianfueltech.com 407-321-0130 Victor Cruz victorcruz@guardianfueltech.com 407-321-0130 Kylund Heikes kheikes@guardianfueltech.com 407-321-0130 Gary Villineau gvillaneau@guardianfueltech.com 407-321-0130 Kevin Hintz khintz@guardianfueltech.com 407-321-0130 Luis Villanueva avillanuevajr@guardianfueltech.com 407-321-0130 Robert Mandemaker rmandemaker@guardianfueltech.com 407-321-0130 Vincent Kessler vkessler@guardianfueltech.com 407-321-0130 William Fielder wfielder@guardianfueltech.com 407-321-0130 Frank Hess fhess@guardianfueltech.com 407-321-0130 Jonahton Vogini jvogini@guardianfueltech.com 407-321-0130 Mike Brown mbrown@guardianfueltech.com 407-321-0130 Hazaa Jimenez hjimenez@guardianfueltech.com 407-321-0130 Thomas Blonshine tblonshine@guardianfueltech.com 407-321-0130 Gary Villineau gvillineau@guardianfueltech.com 321-696-3476 Oscar Allen Crews oscrews4@gmail.com 2392298497 Sampath Armoogan sarmoogan73@hotmail.com 727 560 4195 John Taylor jtaylor@guardianfueltech.com 407-321-0130 Bart Mcsweeney mcsweeneybart@gmail.com 7863689154 michael Todd Painter mikeadrienne@netzero.com 813-248-5707 Antonio Byrd abyrd@guardianfueltech.com 407-321-0130 Dean Faunce datafaunce@bellsouth.net 3529424400 Martin mwmdwarf62@aol.com 863-644-3935 bob kravicenko bobkravicenko@guardianfueltech.com 813 477 9495 Jeffrey Hernandez jhernandez@guardianfueltech.com 813-918-1780 danny dangiollo@guardianfueltech.com 239-229-8503 Matthew Cosimelli mcosimelli@guardianfueltech.com 239-210-2053 James Cate jcate@guardianfueltech.com 813-248-5707 Nelson Gunn ntgunn@gmail.com 813.248.5707 Nelson ngunn@guardianfueltech.com 813. 248.5707 Ed Andrews EdAndrews@guardianfueltech.com (904) 524-4380 Ernie Mendenhall ErnieMendenhall@guardianfueltech.com (813) 918-0435 Mark Adams madams@guardianfueltech.com (904) 370-0841 Marc Carrico mcarrico@guardianfueltech.com (904) 591-5844 Dustin Whitman DustinWhitman@guardianfueltech.com (904) 524-2635 Richard Miller rmiller@guardianfueltech.com (813) 625-0958 Tim Fish TFish@guardianfueltech.com (904 237-8987 Matt Collura mcollura@guardianfueltech.com (813) 918-2255 Marc McCoy mmccoy@guardianfueltech.com (904) 237-6932 Joel Soto sotomoon75@gmail.com 772-342-6266 Vince Calvo vince@aegispetroleum.com 3059629200 Rhett Kearns rkearns@guardianfueltech.com (407)595-9896 James Nadeau jnadeau@guardianfueltech.com 9046800860 Len Kelley Ikelley@guardianfueltech.com 904-759-4209 James jgale@guardianfueltech.com 9043187688 David Hall dhall@guardianfueltech.com 904-237-3718 ulysses uthomas@guardianfueltech.com 904-365-1453 Nicholas Nemecek Nnemecek@guardianfueltech.com 904-574-7060 Rob Wilkinson robwilkinson@guardianfueltech.com 904-680-0860 john g thiele jthiele@guardianfueltech.com 321-354-4317 Rick Story Rstory@guardianfueltech.com 904-680-0860 Alexandria Ekas Aekas@guardianfueltech.com 9047818340 Jonathan Hawley jonhawley5@msn.com 813-918-1539 DALE FISHER dfisher@guardianfueltech.com 904-874-2157 Scott Jones FJ@guardianfueltech.com 904-680-0860 Juan Vazquez jvasquez@guardianfueltech.com 8132485707 Paul Maddalena pmaddalena@guardianfueltech.com 904-832-0562 Louie Kessler Ikessler@guardianfueltech.com 813-695-4651 Wayne Rader wrader@guardianfueltech.com 904-680-0860 Patrick Murray pmurray@guardianfueltech.com 407-321-0130 David Seenarine dseernarine@guardianfueltech.com 407-321-0130 David Seenarine dseenarine@guardianfueltech.com 407-321-0130 Manny mbotelho@guardianfueltech.com 407-321-0130 Roopnarayan Tiwari rtiwari@guardianfueltech.com 4073210130 Brian bbrown@guardianfueltech.com 407-321-0130 Ronnie rwallace@guardianfueltech.com 407-321-0130 Carlos Carpena ccarpena@guardianfueltech.com 407-321-0130 Ravi rpersaud@guardianfueltech.com 407-321-0130 Chad chatcher@guardianfueltech.com 407-321-0130 matthew poole petrotech4679@gmail.com 954-815-7938 Eric Meng emeng@guardianfueltech.com 904832678 Shacarto shacartobailey@yahoo.com 9047425688 Dewayne Berry dberry@guardianfueltech.com 904680-0857 cameron Fisher cfisher@guardianfueltech.com 904680-0857 Dan Beatrice dbeatrice@guardianfueltech.com 904680-0857 Domenick Demeo ddemeo@guardianfueltech.com 904680-0857 Anthony Infante ainfante@guardianfueltech.com 904680-0857 William Swanson bswanson@guardianfueltech.com 407-321-0130 Dexter Harrell dharrell@guardianfueltech.com 407-321-0130 Jahmel Edwards jedwards@guardianfueltech.com 407-321-0130 Josiah Austin jaustin@guardianfueltech.com 407-321-0130 Mike Winkleman mwinkleman@guardianfueltech.com 407-321-0130 Rolf Tjomstol rjomstol@guardianfueltech.com 407-321-0130 Carlos Martinez cmartinez@guardianfueltech.com 407-321-0130 FERNANDO PAVON fpavon@guardianfueltech.com 954-432-0622 JASON ATTERBERRY JATTERBERRY@GUARDIANFUELTECH.COM 954-432-0622 JAMES A RAUPP JARAUPP@GUARDIANFUELTECH.COM 954-432-0622 MATTHEW STUART MSTUART@GUARDIANFUELTECH.COM 954-432-0622 HERBERT FLOWERS HFLOWERS@GUARDIANFUELTECH.COM 954-432-0622 PIERRE GALLE PGALLE@GUARDIANFUELTECH.COM 954-432-0622 WALTER ROMERO WROMERO@GUARDIANFUELTECH.COM 954-432-0622 DWAYNE BROWN DBROWN@GUARDIANFUELTECH.COM 954-432-0622 JAMES LAWRENCE JLAWRENCE@GUARDIANFUELTECH.COM 954-432-0622 ROLANDO GONZALEZ RGONZALEZ@GUARDIANFUELTECH.COM 954-432-0622 travis allen tea8182@outlook.com 850-566-0188 Ryan Eagle reagle@myfuelguard.com 407-321-0130 Jeremy Andis jeremyandis@guardianfueltech.com 813-248-5707 reinaldo estrada reinaldoestradal028@gmail.com 3524449260 Ellen Duffy eduffy@guardianfueltech.com 813-248-5707 Travis Matson tmatson@guardianfueltech.com 813-248-5707 Alex Flament aflament@guardianfueltech.com 813-248-5707 Mohammed Mushtaq MohammedMushtaq@guardianfueltech.com 813-248-5707 Sampath Armoogan sarmoogan@guardianfueltech.com 813-248-5707 Marco Sosa msosa@guardianfueltech.com 8132485707 Carlos Cortijo-Figueroa ccfigueroa@guardianfueltech.com 8132485707 Chad Faxon cfaxon@guardianfueltech.com 8132485707 Jeremy Slezak jslezak@guardianfueltech.com 8132485707 sharmol sharmol_paul@hotmail.com 3402012615 Akiyo I Neille aneille0923@gmail.com 3215129105 Andrew Tompkins drewtompkins89@gmail.com 3529781538 Thomas tmcferrin3@icloud.com 3215129105 Jordan Stamp jordanstamp0l@gmail.com 4075741529 Ansley Pierre Louis Stanleypx20@gmail.com 4075741529 Total Certifications: 151 Company City State Country Safety - 1264 Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Jan 12, 2022 Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford IFlorida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies 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GUARDIAN FUELING TECHNOLOGIES FORT LAU Florida United States GUARDIAN FUELING TECHNOLOGIES FORT LAUE Florida United States GUARDIAN FUELING TECHNOLOGIES FORT LAU Florida United States Guardian Fueling Technologies tallahassee Florida United States Dec 15, 2021 Guardian Fueling Technologies Sanford Florida United States Guardian Fueling Technologies Tampa Florida United States Mar 25, 2021 Guardian Fueling Technology orlando Florida United States GUARDIAN FUELING TECHNOLOGIES TAMPA Florida United States Guardian Fueling Technologies Tampa Florida United States Guardian Fueling Technologies Tampa Florida United States Nov 21, 2021 Guardian Fueling Technologies Tampa Florida United States Mar 25, 2021 Guardian Fueling Technologies Tampa Florida United States Apr 24, 2021 Guardian Fueling Technologies Tampa Florida United States Sep 14, 2021 Guardian Fueling Technologies Tampa Florida United States Apr 7, 2021 Guardian Fueling Technologies Tampa Florida United States Mar 30, 2021 Guardian Fueling Technologies Tampa Florida United States Guardian Fueling Technologies Altamonte Florida United States Dec 3, 2021 Guardian Fueling Technologies Orlando Florida United States Dec 7, 2021 Guardian Fueling Technologies Sanford Florida United States Dec 7, 2021 Guardian Fueling Technologies Orlando Florida United States Jan 4, 2022 Guardian Fueling Technologies orlando IFlorida United States Jan 4, 2022 Guardian Fueling Technologies orlando IFlorida United States Jan 4, 2022 77 122 82 147 132 88 Containment (APT' Brand) - 1242 Containment (UPP° Brand) - Pipework (APT° Brand) - Pipework (UPP° Brand) - Submersible Pumps - 1245 Overfill Prevention - Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 73 0 3 8 58 66 0 Spill Containment - Hanging Hardware - Stage II Vapor Recovery- Wire Management - Cable TightT"' System - Containment Backfilling and Stage II Vapor Recovery - Feb 19, 2021 Feb 19, 2021 Jan 21. 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Feb 19, 2021 Nov 19, 2021 4 6 4 80 82 70 36 Corrosion Control"' Defender Series'"' P/V Containment (Watertight Fixed Speed Controller Variable Speed Automatic Tank Gauge Electronic Line Leak Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Mar 9, 2022 Feb 19, 2021 1 Feb 19, 2021 1 Feb 19, 2021 1 1 Jan 21, 2021 IJan 21, 2021 IJan 21, 2021 Jan 21. 2021 Jan 21. 2021 Jan 21. 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 IMarll,2021 IMarll,2021 Mar 11, 2021 IMarll,2021 IMarll,2021 Mar 30, 2022 Nov 19, 2021 Nov 20, 2021 Apr 30, 2022 1 0 1 110 70 55 32 In -Station Diagnostics Central Vacuum EVOT"" 600 & EVOT"" 6000 Pipe Testing - 1258 Containment Testing - 1259 Fuel Management Electronic Line Leak Feb 19, 2021 Jan 12, 2023 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Jan 21, 2021 Jan 21, 2021 Feb 19, 2021 Apr 28, 2022 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Jan 21, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 I Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Feb 19, 2021 1 Feb 19, 2021 1 1 1 Sep 30, 2022 Nov 21, 2021 1 0 6 0 60 30 29 In -Station Diagnostics EVOT`" 600 & EVOT" 6000 FFS PRO Verify Site Design Optimization - Flexible Connectors - EVOT`" 200 & EVOT" 400 EVOT`" 200 & EVOT"" 400 Feb 19, 2021 Feb 19, 2021 I Feb 12, 2022 I Feb 12, 2022 I Dec 17, 2021 I Dec 18, 2021 r 28, 2022 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Feb 19, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Mar 11, 2021 Feb 19, 2021 Sep 30, 2022 Sep 30, 2022 Apr 7, 2022 Apr 7, 2022 25 3 0 3 42 12 6 EVOT"" 200 & EVOT"" 400 Compliance Testing - Secondary Containment Flexible Probe Installation - FMS Installation - FMS Progamming - Sump Test System Nov 26, 2021 Nov 26, 2021 Nov 26, 2021 I Feb 12, 2022 I I I l Oct 31, 2021 l Oct 31, 2021 l Oct 31, 2021 Dec 18, 2021 Sep 30, 2022 Apr 1, 2022 Apr 3, 2022 0 1 3 1 0 0 VRM Installation - FFS EVR Phase I Systems - VR- HealyT"^ Operator - DC400 Dispensing Phil-Tite EVR Phase I MEMORANDUM DATE: August 571998 TO: :, Director, Occupational Licenses Tax Collector's Office FROM: Thomas C. Palmer, Assistant County Attorney pcjstv- RE: Occupational License Taxes - Businesses with Permanent Place of Business in Other County This memorandum is in reply to the oral Requests for Legal Services from you and Ed Perico. You both have asked: Can Collier County legally impose an occupational license tax on contractors or other tradesmen, or other businesses that have no permanent office in Collier County (and do not permanently store their equipment in Collier County), but who maintain an office for that business out of Collier County and frequently come into Collier County from that other County (such as Lee County) to construct, repair, and/or maintain structures, etc. or conduct any other business in Collier County? ANSWER: Collier County r,.annot lawfully impose an occupational license tax against any contractor, subcontractor, sub -subcontractor, materialman, supplier, laborer, or other individual businessman or woman who (1) has no permanent place of business in Collier County (which "place" may possible be exist through permanent storage of equipment, etc. in Collier County); (2) maintains a permanent place for that business in another county and with regard to that business prepares contracts and documents, renders invoices, receives payments, etc, at said permanent place of business in the other county; and (3) travels into Collier County from time -to -time to conduct that business, including on a regular basis. This issue is expressed clearly in the Opinion of Florida Attorney General, No. 72-236 (July 28,1972), copy attached. cc: David C_ Weigel, County Attorney Ed Perico, Director, Building Review and Permitting h:tcpimeino9814ccupationa! License Taxes an out-ai county contractors Integra 500 Valid Mushtaq Mohammed 8/7/2016 12:00:00 AM 4/16/2015 Integra 500 Valid Sowards Steve 8/7/2016 12:00:00 AM 4/16/2015 Integra 500 Valid Cruz Victor 8/7/2016 12:00:00 AM 4/16/2015 Integra 500 Valid Perkins Shawn 8/7/2016 12:00:00 AM 4/16/2015 Integra 500 Valid Suarez Jose 8/7/2016 12:00:00 AM 4/16/2015 Integra 500 Valid Huddleston Johnny 8/7/2016 12:00:00 AM 4/16/2015 Integra 500 Valid Hall Dave 8/7/2016 12:00:00 AM 4/16/2015 Integra 500 Valid Fisher Dale 8/7/2016 12:00:00 AM 4/16/2015 iSite and Integra 100 Certification Valid Russell Ron 9/12/2021 2:30:51 PM 9/12/2019 iSite and Integra 100 Certification Valid Barker John 9/25/2021 3:2572 PM 9/25/2019 mohammad.mushtaq@guardianfueltech.com Guardian Fueling Tech Tampa ssowards@guardianfueltech.com Guardian Fueling Tech Tampa vcruz@guardianfueltech.com Guardian Fueling Tech Sanford shawnperkins@guardianfueltech.com Guardian Fueling Technologies - Jacksonville jsuarez@guardianfueltech.com Guardian Fueling Tech Fort Lauderdale jhuddlestun@guardianfueltech.com Guardian Fueling Tech Sanford dhall@guardianfueltech.com Guardian Fueling Technologies - Jacksonville dfisher@guardianfueltech.com Guardian Fueling Technologies - Jacksonville rrussell@guardianfueltech.com Guardian Fueling Technologies - Jacksonville jbarker@guardianfueltech.com Guardian Fueling Technologies Atlanta r0riaa Department of #fate I certify from the records of this office that PETROLEUM SERVICE & RENOVATIONS INC. is a corporation organized under the laws of the State of Florida, filed on November 28, 2000. The document number of this corporation is P00000109921. I further certify that said corporation has paid all fees due this office through December 31, 2000, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. GR2E022 (1-99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-ninth day of November, 2000 �✓✓ill Kat eriztr Narri5 '�$errefarg nf,,$ttzte State of Florida Department of State I certify from the records of this office that PETROLEUM SERVICE & RENOVATIONS INC. is a corporation organized under the laws of the State of Florida, filed on November 28, 2000. The document number of this corporation is P00000109921. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on January 11, 2 02 1, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Sea! of the State of Florida at Tallahassee, the Capital, this the Eleventh day of January, 2021 -**WVIZ4— Secretary of State Tracking Number. 5319165915CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunbiz.orgIFilingsICertificateOfStatusICertificateAuthentication I P` L.L. Z 0 4, r � W ai L OC w W v Q w J 0 � P � m a m 0 D U o Ln ~ Z ro Z Q o a) 0 Z w N- � N u c I— v% Z Z ... 0 ai E . N �" L u Q Z t� © 1 LD � � ' � u ❑ LL u C2 J Z > °Y,° _ o Cl) 0 O is O Q cn -j to o a LL Z +1 4l M � LL p Z z w Q �Noiw . a r LL Z � w m �.i 0 LL,L a H t�I Z w Q in ~ Q W w CL Q Wit:' Z ° 4 I— #-- va L&J Z C w O Ila Z Z w U w "' W c Z:0 m Y 0LU w w Z * J L p rya V Q z ~ w a LL Z O w V) 0 OG O Ln a H 7, > Q v P Z u O W w v Z a� OC U 0 � � a w O aV) a Ln 0 W N' 3:� STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 (850) 487-1395 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! STATE OF FLORIDA DEPARTMENT dbm,r OF BUSINESS AND PROFESSIONAL REGULATION RQ0066477 ISSUED:07/30/2019 PRECISION TANK TESTER SWEET, MARTIN J. PETROLEUM SERVICE & RENOVATIONS IN Signature LICENSED UNDER CHAPTER 489, FLORIDA STATUTES EXPIRATION DATE: AUGUST 31, 2021 2/19/2021 Detail by FEI/EIN Number D€ IS€ON OF CORPORATIONS tut r,t/rr1rd 14ol j"!'� 9t `iiY'io' Department of State / Division of Corporations / Search Records / Search by FEt(EIN Number / Detail by 1=E ON Number Florida Limited Liability Company GUARDIAN FUELING TECHNOLOGIES, LLC Filing Information Document Number L15000111357 FEI/EIN Number 59-3666776 Date Filed 07/01/2015 Effective Date 07/01/2015 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/07/2020 Principal Address 9452 PHILIPS HIGHWAY, SUITE 2 JACKSONVILLE, FL 32256 Changed: 03/08/2018 Mailing Address 9452 PHILIPS HIGHWAY, SUITE 2 JACKSONVILLE, FL 32256 Changed: 03/08/2018 Registered Agent Name & Address Nunn, Jr., Daniel B. 50 N. LAURA STREET, 41ST FLOOR JACKSONVILLE, FL 32202 Name Changed: 02/22/2018 Address Changed: 02/22/2018 Authorized Person(s) Detail Name & Address Title MGR/CEO/P BATCHELOR, JOEY D 9452 PHILIPS HIGHWAY, SUITE 2 JACKSONVILLE, FL 32256 search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetaiI?inquirytype=FeiNumber&directionType=1 nitial&searchNameOrder=593666776Ll 500... 1 /2 2/19/2021 Title CFO/S Detail by FEI/EIN Number REESE, PATRICK 9452 PHILIPS HIGHWAY, SUITE 2 JACKSONVILLE, FL 32256 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 01 /15/2019 2020 10/07/2020 Document Images 10/07/2020 -- REINSTATEMENT View image in PDF format 01/15/2019 -- ANNUAL REPORT View image in PDF format 02/22/2018 -- ANNUAL REPORT View image in PDF format 01/12/2017 --ANNUAL REPORT View image in PDF format 03/31/2016 -- ANNUAL REPORT View image in PDF format 07/01/2015 -- Florida Limited Liability, View image in PDF format Florida Deparment of State, Olvislon or Corporations seareh.sunbiz.org/Inquiry/CorporationSearch/SearchResultDeta! 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