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Agenda 07/27/2021 Item #16C 216.C.2 07/27/2021 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid ("ITB") No. 21-7875, "Bypass Pump Preventative Maintenance, Repair and Replacement" to Mersino Dewatering, Inc. OBJECTIVE: To provide preventative maintenance, repairs, and replacement on bypass pumps to cost- effectively maximize the lifespan of the equipment and ensure minimal interruption to our customers. CONSIDERATIONS: The Public Utilities Wastewater Division is responsible for maintaining the bypass pumps within the Collier County Water -Sewer District. Preventative maintenance and timely repairs are vital components to ensure continued safety and functionality of the equipment that maintain the integrity and continuous operation of these essential assets. On March 12, 2021, the Procurement Services Division released ITB No. 21-7875, to 6,351 vendors for the "Bypass Pump Preventative Maintenance, Repair and Replacement" solicitation. Forty-nine interested vendors viewed the bid package. The County extended the ITB for an additional two weeks, and two bids were submitted by the April 26, 2021, deadline; staff found both vendors to be responsive/responsible bidders. RESPONDENTS: Company Name City County State Bid Amount Responsive/ Responsible Mersino Dewatering, Inc. Lakeland Polk FL $36,000.00 Yes/Yes Xylem Dewatering Solutions, Inc. Lakeland Polk FL $75,000.00 Yes/Yes Staff recommends an award to Mersino Dewatering, Inc. ("Mersino"), the lowest responsive and responsible bidder. Mersino was founded in 1988, has its Corporate office in Burton, Michigan, conducts business throughout the United States and Canada, and has a location in Tampa, Florida. Mersino will be a new vendor to Collier County. Approval of this item and the attached Agreement by the County Manager is subject to formal ratification by the Board. If the decision by the County Manager is not ratified by that Board, the Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by the Board. FISCAL IMPACT: Estimated annual expenditures are $45,000; however, the actual amount spent will depend on unexpected repair needs. Funding is available in, and is consistent with, the FY2021 budget approved by the Board of County Commissioners on September 17, 2020. The funding source is the Collier County Water -Sewer District Operating Fund (408). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. RECOMMENDATION: To award Invitation to Bid No. 21-7875, "Bypass Pump Preventative Maintenance, Repair and Replacement," to Mersino Dewatering, Inc., and authorize the Chair to sign the attached agreement. Packet Pg. 133 16.C.2 07/27/2021 Prepared by: Steve Nagy, Collections Manager, Public Utilities Wastewater Division ATTACHMENT(S) 1.21-7875 Bid Tabulation (PDF) 2.21-7875 NORA(PDF) 3.21-7875 Solicitation (PDF) 4.21-7875_MersinoDewateringlnc_COI (PDF) 5.21-7875_MersinoDewateringlnc_vendor signed (PDF) 6. Mersino_Dewatering, Inc._Bid Package (PDF) Packet Pg. 134 16.C.2 07/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 17489 Item Summary: Recommendation to award Invitation to Bid ("ITB") No. 21-7875, "Bypass Pump Preventative Maintenance, Repair and Replacement" to Mersino Dewatering, Inc. Meeting Date: 07/27/2021 Prepared by: Title: — Public Utilities Department Name: Drew Cody 07/07/2021 1:43 PM Submitted by: Title: Division Director - Wastewater — Wastewater Name: Beth Johnssen 07/07/2021 1:43 PM Approved By: Review: Public Utilities Operations Support Donna Deeter Additional Reviewer Wastewater Steve Nagy Additional Reviewer Public Utilities Operations Support Jennifer Morse Additional Reviewer Procurement Services Caroline Blevins Level 1 Purchasing Gatekeeper Procurement Services Glenys Risueno Additional Reviewer Procurement Services Sue Zimmerman Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Wastewater Beth Johnssen Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz 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 County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 07/07/2021 1:49 PM Completed 07/07/2021 2:14 PM Completed 07/07/2021 2:28 PM Completed 07/07/2021 3:26 PM Completed 07/07/2021 3:30 PM Completed 07/07/2021 3:43 PM Completed 07/07/2021 3:56 PM Completed 07/08/2021 6:41 AM Completed 07/12/2021 10:46 AM Completed 07/12/2021 11:22 AM Completed 07/12/2021 4:12 PM Completed 07/13/2021 8:25 AM Completed 07/13/2021 8:29 AM Completed 07/14/2021 2:40 PM Completed 07/22/2021 6:55 PM Completed 07/26/2021 9:10 AM 07/27/2021 9:00 AM Packet Pg. 135 (aOueuaIuiew anileIuanaJd dwnd ssedAS : 68VLO uo!leingel p!8 SL8L-6Z :Iuauay3BIIV E CD U (6 Q N C (6 Q N ly- N M a� a a� u m a DocuSign Envelope ID: A121196F-2495-4085-8517-16DA36E2B043 Art.. 16.C.2.b 061fier C014Hty Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 21-7875 Title: Bypass Pump Preventative Maintenance, Repair and Replacement Due Date and Time: April 26, 2021 at 3:OOPM Respondents: Company Name City County State Bid Amount Responsive/Responsible Mersino Dewatering, Inc. Lakeland Polk FL 36,000.00 YES/YES Xylem Dewatering Solutions, Inc. Lakeland Polk FL 75,000.00 YES/YES Utilized Local Vendor Preference: Yes 0 No = Recommended Vendor(s) For Award: On March 12, 2021, the Procurement Services Division released notices for Invitation to Bid # 21-7875 Bypass Pump Preventative Maintenance, Repair and Replacement. Six thousand three hundred fifty-one (6,351) notifications were sent, forty-nine (49) vendors viewed. The posting was extended for an additional two (2) weeks and two (2) bids were submitted on April 26, 2021. Award is being recommended to Mersino Dewatering, Inc. Contract Driven = Purchase Order Driven 0 Required Signatures Project Manager: 0cu5 Procurement Strategist: Procurement Services Director: N 5/6/2021 Sandra Herrera Date Packet Pg. 137 16.C.2.c Collier C;Ou ty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR BYPASS PUMP PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT SOLICITATION NO.: 21-7875 GLENYS RISUENO, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-6098 Glenys.Risueno@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 138 16.C.2.c SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 21-7875 PROJECT TITLE: BYPASS PUMP PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT DUE DATE: MONDAY, APRIL 12, 2021 at 3:OOPM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: hILtps://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Public Utilities Department (hereinafter, the "Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB") with the intent of obtaining bid submittals from interested and qualified Vendors in accordance with the terms, conditions and specifications stated or attached. At a minimum, the Vendor 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 $45,000 annually; however, this may not be indicative of future buying patterns. BACKGROUND The Public Utilities Department has various bypass pumps throughout Collier County which are in need of preventative maintenance, repairs and replacements. The bidder shall, at a minimum, be able to achieve the scope of work listed in this solicitation. TERM OF CONTRACT The contract term, if awards are made is intended to be for (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the contract under all of the terms and conditions contained in this contract for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Vendor written notice of the County's intention to extend the contract term not less than ten (10) days prior to the end of the contract 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 VENDOR. AWARD CRITERIA ITB award criteria are as follows: ➢ The County's Procurement Services Division reserves the right to clarify a Vendor's submittal prior to the award of the solicitation. ➢ It is the intent of Collier County to award to the lowest, responsive and responsible Vendor(s) that represents the best value to the County. ➢ For the purposes of determining the winning bidder, the County will select the Vendor with the lowest price as outlined below: Lowest Total Bid Q Packet Pg. 139 16.C.2.c ➢ Collier County reserves the right to select one, or more than one Vendor, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: Identify Primary, Secondary and Tertiary ➢ The County reserves the right to issue a formal contract, standard County Purchase Order, or utilize the County Purchasing Card for the award of this solicitation. DETAILED SCOPE OF WORK The Public Utilities Department is seeking qualified Vendors to provide required routine, preventative maintenance, repair services, and replacements for bypass pumps. Each bypass pump has its own operating manual and specific maintenance requirements in order to maximize the lifespan of the equipment. 1. LOCATIONS As of October 2020, the County has a total of 25 bypass pumps at the following locations: Station Name Address 101.12 10861 8th St 101.13 9951 8th St 101.14 9455 8th St 103.00 2323 Piper Blvd 104.05 7096 Mill Pond Cir 107.00 10015 Heather Ln 109.00 6650 Watergate Way 151.00 2016 Bent Tree Ln 158.00 5605 Strand Blvd 167.00 15430 Collier Blvd 168.14 Addison Place 172.02 Wildflower Cir 179.04 3716 Helmsman Dr Station Name Address 179.05 Kingfisher Loop 301.01 32 Cheyenne Trail 302.00 6000 Rattlesnake Hammock Rd 302.09 5152 Rattlesnake Hammock Rd 302.70 Rattlesnake Hammock Rd. East 303.00 3557 Ba shore Dr 303.04 2503 Weeks Ave 304.00 3494 Thomasson Dr 312.24 3925 Tollhouse Dr 318.45 Manatee Rd 318.46 Bella Tesoro 406.05 2466 Orchard St 2. PREVENTATIVE MAINTENANCE, REPAIRS, CALIBRATION & CERTIFICATION c c� 2.1. Preventative Maintenance (PM) will be conducted on all bypass pumps in accordance with the manufacturers recommendations and industry standards. .2 Cn 2.2. For each site visit, the awarded Vendor will provide a bypass pump test report. The report should include the following: I- ti • Remarks for each bypass pump inspection N • Recommend repairs, if applicable m The bypass test report must be completed and submitted by the Vendor to the County Representative upon preventative t maintenance completion or within three (3) business days if repairs are recommended. Note: Failure to provide the completed, 0 signed and dated report may delay the Vendor's payment. Q 2.3. The Vendor shall use a County provided test report, if requested to do so by the County. 2.4. The Vendor must provide a master schedule for all expected maintenance days. 2.5. Should very minor repairs or replacement parts be required or recommended by the Vendor while performing the preventative maintenance, and the Vendor is able to repair or replace during the course of the preventative maintenance. The Vendor shall provide a quote for any parts and labor related to the minor repair in writing prior to the repair and obtain the County Representative or their Designee's signature. The quote shall be provided within three (3) business days from the date of the preventative maintenance. Labor rates and allowable markup must be billed as listed on the Vendor's Bid Schedule. 2.6. All bypass pumps must receive proper service during preventative maintenance to pass annual state certifications. The Vendor shall provide the required certifications to the County upon issuance. Packet Pg. 140 16.C.2.c 2.7. The County Representative shall determine if the quote provided is fair, reasonable and within an acceptable spend threshold. 2.8. Should the Vendor need to hire a subcontractor, the subcontractor charges may be invoiced at cost plus 15% markup. A copy of the subcontractor's invoice shall be required with the Vendor's invoice. Subcontractor's hourly rate may not exceed the Vendor's hourly rates listed on the Bid Schedule. 2.9. The Vendor shall perform a joint inspection with the County upon completion of all work, unless waived by the County Representative. The work shall not be deemed complete until all requested documentation has been provided to the County Representative. 2.10. The Vendor may only invoice for actual time at the job site. The County Representative will confirm the charges. Travel and related travel expenses will not be accepted. 2.11. At a minimum, the Vendor shall have on staff, certified diesel engine repair technicians as well as staff with appropriate .-. certification in bypass pump repair. 0 c� 3. EQUIPMENT & PARTS c c 3.1. All equipment and parts provided and installed by the Vendor under the awarded contract shall be new and free of defects and may require County approval prior to installation. > r 3.2. At a minimum, replacement parts and/or maintenance materials shall be based on the bypass pump manufacturer's m recommendations. m L IL 3.3. Equipment and/or parts may be invoiced at cost plus 10% markup (markup does not apply to shipping or freight charges). 0 Equipment or parts with a single item amount of $100.00 or more shall require the Vendor to provide backup documentation. 0 All shipping or freight charges must have backup documentation. d N fA R 3.4. Should the Vendor need to rent equipment to complete the project for repairs, preventative maintenance, or replacement, rental 01; charges may be invoiced at cost plus 5% markup. A copy of the rental receipt showing cost shall be required with the Vendor's m invoice. a� 00 v 4. ASSIGNMENT OF WORK M _ 4.1. The Vendor shall provide a company contact name, phone number and email address for all requests and shall be available 2 twenty-four (24) hours per day, 365 days per year. 4.2. If the Primary Vendor does not respond in the required time period for response, the County may solicit the Secondary Vendor 0 Cn and then the Tertiary Vendor. 00 4.3. The County will issue a Purchase Order. No work shall be performed until the Vendor is in receipt of an approved Purchase N Order. m 4.4. A Purchase Order shall survive contract expiration to allow completion of an order. t 0 5. WORK HOURS Q 5.1. Normal business hours shall be 7:00am to 5:00pm, Monday through Friday, excluding County observed holidays. Requests outside of the normal business hours shall follow the Urgent Response below. 6. RESPONSE TIMES 6.1. Normal Request • Vendor shall acknowledge a request for quote via email or phone call within one (1) business day from the time the County issued the request. • Vendor shall provide a written quote to the requestor via email within three (3) business days of the initial request from the County. Packet Pg. 141 16.C.2.c • The County may request that the Vendor shall start work within two (2) business days after a valid Purchase Order has been e-mailed to the Vendor by an appropriate County Representative. Additional time may be approved in writing by the County Representative. 6.2. Urgent Request Vendor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. Vendor shall be on -site within three (3) hours. A response time that exceeds the three (3) hours must be approved by the County Representative. Vendor shall be paid time and one half the hourly rate for urgent requests regardless of the day or time the work is performed. 6.3. If the Primary Vendor fails to respond within the required response times for either Normal or Urgent requests, the County d will request services from the Secondary and then the Tertiary Vendors. If all Vendors fail to perform the work, the County c reserves the right to seek services outside of the contract. c 7. ADDITIONS AND DELETIONS OF SERVICES CU 7.1. The County may remove a bypass service under awarded contract at any time. Written notice shall be provided to the awarded m >_ Vendors via e-mail. r c m 8. PERMITS m L a 8.1. The Vendor shall be responsible for permit submissions, unless otherwise instructed in writing by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. Supporting documentation showing the fee paid must be included a with the Vendor's invoice. y Ch M 8.2. If the permit warrants engineering services, the Vendor must use a licensed Engineer with all applicable certifications Q- to complete the project. m 9. SAFETY M ti 9.1. The awarded Vendors shall comply with all Occupational Safety and Health Administration (OSHA) as well as any applicable federal, state and county regulations while performing work under the resultant contract. Vendor shall be responsible for the c safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property withinCU and around the service areas. 2 9.2. Barricades shall be provided and utilized by the Vendor when work is performed in public areas, or when deemed necessary 0 Cn by the County, at no additional cost to the County. 00 9.3. Hazardous conditions shall be immediately reported to the County. N VENDOR CHECKLIST c E ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** t Q Packet Pg. 142 16.C.2.d A� " CERTIFICATE OF LIABILITY INSURANCE 14/9/2021 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 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 CONTACT Christine Phillips NAME: p Guy Hurley, LLC AICNNo Exf: (248)519-1422 A"� NU: (248)519-1401 989 East South Blvd. EMAIL hilli s@ hbh.com ADDRESS: cp p g Suite 200 INSURERS AFFORDING COVERAGE NAIC Rochester Hills MI 48307 INSURER A: Zurich American Ins. Co. A+ XV 16535 INSURED INSURER B : Travelers Prop & Cas Co Amer A++ XV 25674 Mersino Dewatering Inc. INSURER C: Everest National Ins Co A+ XV 10120 dba Global Pump Co. LLC INSURERD:AIG Specialty Insurance Co. A XV 26883 10162 E. Coldwater Road INSURER E: Davison MI 48423 INSURER F : COVERAGES CERTIFICATE NUMBER:21-22 Master REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DPOLI CY EFF D/YYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,( A CLAIMS -MADE OCCUR DAMAGES(To RENTED PREMISES Ea occurrence $ 300,( X MED EXP (Any one person) $ 10,( XCU Coverage Included X GL09809023 4/1/2021 4/1/2022 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,( GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,( X 1 PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,( $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,( X BODILY INJURY (Per person) $ A ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS X BAP9809024 4/1/2021 4/1/2022 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS X AUTOS X $ PIP Included X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,( AGGREGATE $ 5,000,( B EXCESS LAB CLAIMS -MADE DED RETENTION $ $ ZUP15N5145A21NF 4/1/2021 4/1/2022 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X PER OTH- STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE MBER in NH EXCLUDED? (Mandatory ( ry � ) NIA WC9809022 4/1/2021 4/1/2022 E.L. EACH ACCIDENT $ 1,000,( E.L. DISEASE - EA EMPLOYEE $ 1,000,( If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000, C Inland Marine IM8ML00062211 4/1/2021 4/1/2022 Leased/Rented Equip $750, ( D Pollution Liability CPL12484636 4/1/2021 4/1/2022 Per Occ/Agg $2,000,( DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 21-7875 Bypass Pump Preventative Maintenance, Repair and Replacement, For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners is an Additional Insured for General Liabilityand Automobile Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commission 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 R McGregor/PHILLI V` -), �,_ r Q ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 143 16.C.2.e FIXED TERM SERVICE AGREEMENT # 21-7875 for Bypass Pump Preventative Maintenance, Repair and Replacement THIS AGREEMENT, made and entered into on this day of 2021 , by and between Mersino Dewaterinq Inc. authorized to do business in the State of Florida, whose business address is 411 Timaquan Trail, Edgewater, FL 32132 (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; ui E on 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 ❑■ Purchase Order ❑ Netic, oeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑■ Invitation to Bid (ITB) ❑ ether -- --\ ----} # 21-7875 , 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 Exhibit A — Scope of Services attached hereto. Pagc I of' 17 Fixed Term Service Agreement 2021_Ver.1 Packet Pg. 144 16.C.2.e 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. 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): - = - - - 196 ❑E 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. o .,f all G.,S+S 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. Page 2 of 17 Fixed Term Service Agreement 2021 _Ver. I Packet Pg. 145 16.C.2.e 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. -z - ., -- ..- --• .T M- -- �! _ 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: Company Name: Mersino Dewatering, Inc. Address: 8235 N. State Rd 33 Lakeland, FL 33809 Authorized Agent: Rodney Mersino Jr., President Attention Name & Title: Jed Church, Municipal Manager Telephone: (813) 625-7332 E-Mail(s): Jed. Church aamersino.com Page 3 of 17 Fixed Term Service Agreement 2021 _Ver. I Packet Pg. 146 16.C.2.e 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 Name: Division Director: Address: Wastewater Division Beth Johnssen 4370 Mercantile Ave Naples, FL 34112 Administrative Agent/PM: Donna Deeter, Contract Administration Specialist Telephone: (239) 252-2622 E-Mail(s): Donna.Deeter@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. 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 Page 4 of 17 Fixed Term Service Agreement 2021 _Ver. I Packet Pg. 147 16.C.2.e the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the 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. ❑ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑■ Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 500,000 for each accident. p3 ❑71121 this i Fanee.--1 1 1- T�­ -AG-e -shall have lifflitS Of RGt less than $ ea6h F1 ­�v shall have Page 5 of 17 Fixed Term Service Agreement 2021_Ver.l Packet Pg. 148 16.C.2.e 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. 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. Page 6 of 17 Fixed Term Service Agreement 2021 _Ver.I Packet Pg. 149 16.C.2.e 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Department Wastewater 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, ❑ R-FP/ ❑■ ITB/❑ Other #21-7875 , including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent quotes, and ❑ QtheF Exhibit/AfttaGhment: 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 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, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement 2021_Ver.I Packet Pg. 150 16.C.2.e 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 Email: PublicRecordReg uest(Z�colIiercountyfl.gov 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. 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. Page 8 of 17 Fixed Term Service Agreement 2021 _Ver. l Packet Pg. 151 16.C.2.e 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. F■ 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. 25. 0■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, Page 9 of 17 Fixed Term Service Agreement 2021_Ver. I Packet Pg. 152 16.C.2.e fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 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. 27.7M 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 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 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. Page 10 of 17 Fixed Term Service Agreement 2021_Ver.1 Packet Pg. 153 16.C.2.e 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. ❑■ 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. Page 11 of 17 Fixed Term Service Agreement 2021_Ver.1 Packet Pg. 154 16.C.2.e 35. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 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 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. Page 12of17 Fixed Term Service Agreement 2021_Ver.l Packet Pg. 155 16.C.2.e 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 Agreement 2021_Ver. I Packet Pg. 156 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, Acting Clerk of Court & Comptroller By: Dated. (SEAL) Contractor's Witnesses: First Witne" Collractor's Second Witness PI TType/print witness name's Approved as to Form and Legality: —County Attorney Print Name C3, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2 (D By: PENNY TAYLOR Chair E Mersino Dewatering, Inc. Contractor /Signpf yre 100JR.- nescDet-IT 00 TTypelprint signature and titleT' S Schwartz NOTARY PUBLIC - STATE OF MICHIGAN COUNTY OF MACOMB MY COMMISSION EXPIRES DEC 4, 2023 ACTING IN THE COUNTY OF K� Page 14 of 17 Fixed Term Service Agreement 202 0�4 IPacket Pg. 157 16.C.2.e Exhibit A Scope of Services ❑■ following this page (containing 3 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2021_Ver.1 Packet Pg. 158 11i.C.2.e ITB# 21-7875 "Bypass Pump Preventative Maintenance, Repair and Replacement" Exhibit A Scope of Services The purpose of this Agreement is to provide required routine, preventative maintenance, repair services, and replacements for bypass pumps. Each bypass pump has its own operating manual and specific maintenance requirements in order to maximize the lifespan of the equipment. The terms "Vendor" and "Contractor" will be used interchangeably throughout this Agreement. The terms "Agreement" and "Contract" may be used interchangeably throughout this Agreement. 1. LOCATIONS As of October 2020, the County has a total of 25 bypass pumps at the following locations: Station Name Address 101.12 10861 8th St 101.13 9951 8th St 101.14 9455 8th St 103.00 2323 Piper Blvd 104.05 7096 Mill Pond Cir 107.00 10015 Heather Ln 109.00 6650 Watergate Way 151.00 2016 Bent Tree Ln 158.00 5605 Strand Blvd 167.00 15430 Collier Blvd 168.14 Addison Place 172.02 Wildflower Cir 179.04 3716 Helmsman Dr Station Name Address 179.05 Kingfisher Loop 301.01 32 Cheyenne Trail 302.00 6000 Rattlesnake Hammock Rd 302.09 5152 Rattlesnake Hammock Rd 302.70 Rattlesnake Hammock Rd. East 303.00 3557 Ba shore Dr 303.04 2503 Weeks Ave 304.00 3494 Thomasson Dr 312.24 3925 Tollhouse Dr 318.45 Manatee Rd 318.46 Bella Tesoro 406.05 2466 Orchard St 2. PREVENTATIVE MAINTENANCE, REPAIRS, CALIBRATION & CERTIFICATION 2.1. Preventative Maintenance (PM) will be conducted on all bypass pumps in accordance with the manufacturers recommendations and industry standards. 2.2. For each site visit, the Vendor will provide a bypass pump test report. The report should include the following: • Remarks for each bypass pump inspection • Recommend repairs, if applicable The bypass test report must be completed and submitted by the Vendor to the County Representative upon preventative maintenance completion or within three (3) business days if repairs are recommended. Note: Failure to provide the completed, signed and dated report may delay the Vendor's payment. 2.3. The Vendor shall use a County provided test report, if requested to do so by the County. 2.4. The Vendor must provide a master schedule for all expected maintenance days. 2.5. Should very minor repairs or replacement parts be required or recommended by the Vendor while performing the preventative maintenance, and the Vendor is able to repair or replace during the course of the preventative maintenance. The Vendor shall provide a quote for any parts and labor related to the minor repair in writing prior to the repair and obtain the County Representative or their Designee's signature. The quote shall be provided within three (3) business days from the date of the preventative maintenance. Labor rates and allowable markup must be billed as outlined in Exhibit B Fee Schedule. Page I of 3 Exhibit A — Scope of Services Packet Pg. 159 16.C.2.e 2.6. All bypass pumps must receive proper service during preventative maintenance to pass annual state certifications. The Vendor shall provide the required certifications to the County upon issuance. 2.7. The County Representative shall determine if the quote provided is fair, reasonable and within an acceptable spend threshold. 2.8. Should the Vendor need to hire a subcontractor, the subcontractor charges may be invoiced at cost plus 15% markup. A copy of the subcontractor's invoice shall be required with the Vendor's invoice. Subcontractor's hourly rate may not exceed the Vendor's hourly rates listed on Exhibit B Fee Schedule. 2.9. The Vendor shall perform a joint inspection with the County upon completion of all work, unless waived by the County Representative. The work shall not be deemed complete until all requested documentation has been provided to the County Representative. 2.10. The Vendor may only invoice for actual time at the job site. The County Representative will confirm the charges. Travel and related travel expenses will not be accepted. 2.11. At a minimum, the Vendor shall have on staff, certified diesel engine repair technicians as well as staff with appropriate certification in bypass pump repair. 3. EOUIPMENT & PARTS 3.1. All equipment and parts provided and installed by the Vendor under the contract shall be new and free of defects and may require County approval prior to installation. 3.2. At a minimum, replacement parts and/or maintenance materials shall be based on the bypass pump manufacturer's recommendations. 3.3. Equipment and/or parts may be invoiced at cost plus 10% markup (markup does not apply to shipping or freight charges). Equipment or parts with a single item amount of $100.00 or more shall require the Vendor to provide backup documentation. All shipping or freight charges must have backup documentation. 3.4. Should the Vendor need to rent equipment to complete the project for repairs, preventative maintenance, or replacement, rental charges may be invoiced at cost plus 5% markup. A copy of the rental receipt showing cost shall be required with the Vendor's invoice. 4. ASSIGNMENT OF WORK 4.1. The Vendor shall provide a company contact name, phone number and email address for all requests and shall be available twenty-four (24) hours per day, 365 days per year. 4.2. The County will issue a Purchase Order. No work shall be performed until the Vendor is in receipt of an approved Purchase Order. 4.3. A Purchase Order shall survive contract expiration to allow completion of an order. 5. WORK HOURS 5.1. Normal business hours shall be 7:00am to 5:00pm, Monday through Friday, excluding County observed holidays. Requests outside of the normal business hours shall follow the Urgent Response below. 6. RESPONSE TIMES 6.1. Normal Request • Vendor shall acknowledge a request for quote via email or phone call within one (1) business day from the time the County issued the request. Page 2 of 3 Exhibit A — Scope of Services Packet Pg. 160 16.C.2.e • Vendor shall provide a written quote to the requestor via email within three (3) business days of the initial request from the County. • The County may request that the Vendor shall start work within two (2) business days after a valid Purchase Order has been e-mailed to the Vendor by an appropriate County Representative. Additional time may be approved in writing by the County Representative. 6.2. Urgent Request Vendor shall acknowledge an urgent request via email or phone call within one (1) hour of the request being sent by the County. Vendor shall be on -site within three (3) hours. A response time that exceeds the three (3) hours must be approved by the County Representative. Vendor shall be paid time and one half the hourly rate for urgent requests regardless of the day or time the work is performed. 6.3. If the Vendor fails to respond within the required response times for either Normal or Urgent requests, the County reserves the right to seek services outside of the contract. 7. ADDITIONS AND DELETIONS OF SERVICES 7.1. The County may remove a bypass service under awarded contract at anytime. Written notice shall be provided to the Vendor via e-mail. 8. PERMITS 8.1. The Vendor shall be responsible for permit submissions, unless otherwise instructed in writing by the County. Permit fees will be reimbursed at cost, no mark-up shall be allowed. Supporting documentation showing the fee paid must be included with the Vendor's invoice. 8.2. If the permit warrants engineering services, the Vendor must use a licensed Engineer with all applicable certifications to complete the project. 9. SAFETY 9.1. The Vendor shall comply with all Occupational Safety and Health Administration (OSHA) as well as any applicable federal, state and county regulations while performing work under the resultant contract. The Vendor 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 service areas. 9.2. Barricades shall be provided and utilized by the Vendor when work is performed in public areas, or when deemed necessary by the County, at no additional cost to the County. 9.3. Hazardous conditions shall be immediately reported to the County. Page 3 of 3 Exhibit A — Scope of Services Packet Pg. 161 16.C.2.e Exhibit B Fee Schedule following this page (containing pages) C Page 16 of 17 C L a a E a M CO v r r C 0 E L V t9 a+ a Fixed Term Service Agreement 2021_Ver.1 Packet Pg. 162 16.C.2.e ITB# 21-7875 "Bypass Pump Preventative Maintenance, Repair and Replacement" Exhibit B FEE SCHEDULE Line Items Description Unit Unit Price 1 Site Superintendent Per Hour $90.00 2 Service Technician Per Hour $75.00 ADDITIONAL RATES Equipment and Parts Markup Percent 10% Rental Equipment Markup Percent 5% Subcontractor Markup Percent 15% County Observed Holidays and Urgent Requests Markup Rate 1.5 x Straight Time Hourly Page 1 of 1 Exhibit B —Fee Schedule Packet Pg. 163 16.C.2.e Other Exhibit/Attachment Description: ❑ following this page (containing pages) ❑E this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 2021_Ver.1 Packet Pg. 164 Collier County Solicita 16.C.2.f Collier Gounty Administrative Services Department Procurement Services Division Form 1: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 m c Dear Commissioners: M m The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this c proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor hereby declares the instructions, M purchase order terms and conditions, requirements, and specifications/scope of work of this solicitation have been fully examined y and accepted. a w 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 aa) and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the a, -- submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the Q• requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a E part of the Vendor's bids. a rn �a a Further, the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be eligible to m 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. rn ti IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 9th day of April 2020in the County of Polk in the State of Florida n, Firm's Legal Name: Mersino Dewatering, Inc. Address: 8235 N. State Rd 33 City, State, zip Code: Lakeland, FL 33809 Florida Certificate of Authority Document Number Federal Tax 38-3267850 _ Identification Number *CCR # or CAGE Code *Only if Grant Funded Telephone: 8 1 3-625-7332 Email: •ed.church mersino.com Signature by: Jed Church Qj a; (Typed and written) Title: Municipal Manager 4/6/2021 6:37 AM ***UPDATED J Al Packet Pg. 165 , Collier County Additional Contact Information Solicitat 16.C.2.f Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Mersino Dewatering, Inc Company name used as payee P.O. Box 105951 Atlanta, GA 30348-5951 Jed Church Municipal Manager 8235 State Road 33 N Lakeland, FL 33809 813.625.7332 Jed.church@mersino.com a 4/6/2021 6:37 AM Packet Pg. 166 ***UPDATED J Collier County Solicita 16.C.2.f CiOMY C 014ftty Administrative 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 c technical direction for the procurement) which appears to skew the competition in favor of my firm. c d r 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. m w 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. ti CL In addition to this signed affidavit, the contractor / vendor must provide the following: E 1. All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned ti project; and, rn 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public (not in 0M the "sunshine") conversation (s), meeting(s), document(s) and/or other means. CL m 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). ti 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 Y organizational conflict. cu Mersino Dewatering, Inc. 2 mpany Name ml 11/ � Signature = •L Jed Church - Municipal Manager Print Name and Title G State of Florida =1 County of Polk d The foregoing instrument was acknowledged before me by means of 9 physical presence or ❑ online notarization, this 9th day of April (month), 2021 (year), by Jed Church (name of person acknowledging). �a ( ignatur of Not y Public - State of Florida) Q W. Perry Lewis (Print, Type, or Stamp Commissioned Name of Notary Public) personally Known OR Produced Identification RiRK Florida Type of Identification Produced 59898 4/6/2021 6:37 AM Packet Pg. 167 ***UPDATED J Collier County Solicita 16.C.2.f Collier County rtis Purchase Order Terms and Conditions t 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. Inspectionui All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval a and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or m rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. rn 00 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively ti 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 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation -0 rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the ml 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 c �L 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 of r_ number and must be included on each package of less than container load (LCL) shipments and/or with each .L car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at 4) 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. r_ d) All invoices must contain the Purchase Order number and any other specific information as identified on the E 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 M compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," Q 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. 4/6/2021 6:37 AM G/ Operations/Document Ap Review Packet Pg. 168 Collier County Solicita 16.C.2.f 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 generai 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 parry. 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. r a 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 seg. 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 G/ Operations/Document Ap 4/6/2021 6:37 AM Review Packet Pg. 169 Collier County Solicita 16.C.2.f agreement immediately. Any breach of ?i;is 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 certi ied 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. r a 4/6/2021 6:37 AM G/ Operations/Document Ap Review Packet Pg. 170 Detail by Entity Name 12122/2020 Dr;t-so' D1,112(ji'l of -u— t fin (0t4ed.7tafeof Fivadu W441f, �t&.r_hj2y.EUNyNAme I Detail by Entity Name Fo-eign Profit Corporation MERSINO DEWATERING, INC, n9j -4jfr -m.fd:-Qi - v Docurnent Number F07000000510 FEIIEIN Number 38-3267850 Date Filed 01/29/2007 State MI Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/30/2013 Pi i r wj t t; V J-A 4 4 f"m 411 TIMAQUAN TRAIL ECGEWATER, FL 32132 Changed: 0414/2011 MALI in q Afldmu 411 TIMAQUAN TRAIL EDGE -WATER. FL 32132 Changud: 04/14/2011 iRegistigrid /-±qlent Name & Address REGISTERED AGENT SOLUTIONS, INC. 155 OFFICE PLAZA DR. SUITE A TALLAHASSEE, FL 32301 Name Changed: 02/27/2018 Address Changed: 02/27/2018 Off kg--r1Dlr-grtor Detail Name & Address Title VP h. sun ti;.,. orpt ltiq,.tiry/CorporationSearch/SearchResijltDetail?inqLiiryty Packet Pg. 171 6aarc . pe=EntityName&directionType=lnitial&searchName0i�.,-.�.�.,-.,�---�v 12/22,'2020 Detail by Entity Name 16.C.2.f MERSINO SR., RODNEY A 10162 E. €;OLDWATER RD. DAVISON; MI48423 Title :'resident MERSINO jR.. RODNEY 10162 E. COLDWATER RD DAVISON, Ml 48423 •t1. ,..� Report Year Filed Date 2018 05/02/2018 .2019 04/24/2019 7020 05/22/2020 (:__AN-'U lAL REPORT i _ View image in PDF format 14t74 iz l sa -_ ,4!S. U,A,L_RgPORT, View image in PDF format 2514'!.,i 1 g, �q f?'t>c13_'S2RI View image in PDF format t [AZ` ab nge View image in PDF format i i Z,i,1, :AN,tMkgf.?ORT View image in PDF format ................ ......,....... _.,_._. _.—._ ,PORT ' View image in PDF format t� ?t ?(.tt;:�• ANNUAL REPORT View image in PDF forma! M.:&kj 1--:-,StN-tgt.iAL REP-9M View image in PDF format -Wit}"?tt,i;-= HE+:,1N'$ffML"1EfUT View image in PDF format , guce( h_,gim k View image in PDF format i View image in PDF format ..... .__........ NUAL, -R —FP OBI View image in PDF format Ffj PORT View image in PDF format . (.: !. '•? 1x .: F NIdAI REPORT Viimage in PDF format View _ View.__...._ 4h . tn1s:-.,,4tvNt, 6L M PORT View image in PDF format IQ'�+:?ice: f4tyf�U�4L1�$t , Crew image in PDF format y IILZURST ) - Fx6 9.1 •[?rgfit View image in PDF format Packet Pg. 172 sm,-,h.sunbi<t.o,oling4irytCorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrde - ... �0 1I eriE—Vfy off Company ID Number: 584129 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Mersino Dewatering, Inc (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 173 � 6k,t°� E-Verifv, ,; 16.C.2.f Company ID Number: 584129 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 174 F.-Verif.; Company ID Number: 584129 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 Packet Pg. 175 F`r`w, 16.C.2.f,r%-Verifv � fYiR*off Company ID Number: 584129 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274E of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifyCa.dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 176 E-Verifv.x ...I}Ilir Company ID Number: 584129 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 177 r=- Verif�..�r Company ID Number: 584129 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 178 E-Verif �:h�III �ru fwollllllff� Company ID Number: 584129 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 179 E-Vermlfv ,..jlllil ffiff Company ID Number: 584129 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 180 —� Fm �,. III Ill r, y—,.tl..� __ — sni;YYYrofi<wr.r. »vxu venha+. Company ID Number: 584129 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 Packet Pg. 181 Company ID Number: 584129 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 182 "ZkOA "' 16.C.2.f e''E-V.. v AcYr ,a or Company ID Number: 584129 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 183 -Ve r Im f v- Company ID Number: 584129 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 184 E-Verif q .Y.._..�. �.tM....�W::p.. Company ID Number: 584129 Approved by: Employer Mersino Dewatering, Inc Name (Please Type or Print) Title Carolee Scott Signature Date Electronically Signed 07/23/2012 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 07/23/2012 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 185 E-Veriflllllllff� Company ID Number: 584129 Information Required for the E-Verify Program Information relating to your Company: Company Name Mersino Dewatering, Inc Company Facility Address 10162 E Coldwater Rd Davison, MI 48423 Company Alternate Address County or Parish GENESEE Employer Identification Number 383267850 North American Industry Classification Systems Code 238 Parent Company Number of Employees 100 to 499 Number of Sites Verified for 13 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 rn 00 ti a� �a �a a 2 00 I J •L m ca 3 m 0 0 I y L C� G r _ E Q Packet Pg. 186 r=-Veril: -.._��.x..e. Company ID Number: 584129 Are you verifying for more than 1 site? if yes, please provide the number of sites verified for in each State: CONNECTICUT 1 site(s) FLORIDA 3 site(s) GEORGIA 1 site(s) INDIANA 1 site(s) MARYLAND 1 site(s) MICHIGAN 3 site(s) NEBRASKA 1 site(s) PENNSYLVANIA 1 site(s) TEXAS 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 187 E-Veri f V ow Company ID Number: 584129 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Nathan Hollis Phone Number (810) 701 - 7499 Fax Number Email Address nathan.hollis@mersino.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 188 E-Vermif Iff Company ID Number: 584129 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Packet Pg. 189 Collier County Solicitati 16.C.2.f co,er c>Kty Administrative Services Department Procurement Services Division 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 (https://Nvww.e-verify.gov/), 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 (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. 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. Mersino Dewaterina, Inc. Company Name Signature Jed Church - Municipal Manager Print Name and Title State of Florida county of Polk The foregoing instrument was acknowledged before me by means of )sal physical presence or ❑ online notarization, this 9th day of April (month), 2021 (year), by Jed Church (name of person acknowledging). ignatu e of Not ry Pu is - State of Florida) W. Perry Lewis (Print, Type, or Stamp Commissioned Name of Notary Public) XPersonally Known OR Produced Identification Type of Identification Produced N Notary Public State of Florida W. Perry LewisMy Commission GG 959698 Expires 02118/2024 r a 4/6/2021 6:37 AM Packet Pg. 190 ***UPDATED J Collier County Solicit 16.C.2.f co>Ier county Administrative Services Departrnent Procurement Sernces Dmsion 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) ❑ Collier County ❑ 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 ❑ Lee County: I Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, Vendor will be required to provide documentation substantiating the information given in this certification. Failure to do so will result in vendor's submission being deemed not applicable. Sign and Date Certification: Under penalties ofperiury, I certify that the information shown on this form is correct to my biowledjze, Company Name: Date: Address in Collier or Lee County: Signature: Title: r a 4/6/2021 6:37 AM Packet P9. 191 ***UPDATED JANUARY 28, 2020*** Collier County Solicit 16.C.2.f CoMer county Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Mersino Dewaterina. In (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference In Name:Nickolas A. Wagner (Evaluator completing reference questionnaire) Email: nick.wagnerCa)_mymanatee.orgFAX: company: Manatee County Government (Evaluator's Company completing reference) Telephone: (941)792-8811 X53 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 l 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: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 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. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS r a 4/6/2021 6:37 AM Packet Pg. 192 ***UPDATED J Collier County Solicita 16.C.2.f cof ,ier Cmnty Administrative Services Department Procurement SeNces Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 21= Reference Questionnaire for: Mersino Dewatering, Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name:Wade Fulghum (Evaluator completing reference questionnaire) Email: FAX: Company: Plant City Utilities Department (Evaluator's Company completing reference) one: 813-757-9208 x4750 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: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 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. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS r a 4/6/2021 6:37 AM Packet Pg. 193 ***UPDATED J Collier County Solicitat 16.C.2.f co1�er 001412ty Administrative Services Department rocurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) icitation: Reference Questionnaire for: Mersino Dewaterina. In (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name:Osvaldo Munizaga (Evaluator completing reference questionnaire) Email:Omunizaga@miamigov.com FAX: Company: Miami Public Works (Evaluator's Company completing reference) Telephone: 813-757-9208 x4750 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 I 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: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 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. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS r a 4/6/2021 6:37 AM Packet Pg. 194 ***UPDATED J , . Collier County Solicitati 16.C.2.f 061rier County Administrative Services Department Procurement Services Division Form 5 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: Reference Questionnaire for: Mersino Dewatering, Inc. (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name:Jack Ferras (Evaluator completing reference questionnaire) Email: jack.ferras@tampagov.net FAX: company: City of Tampa Wastewater Department (Evaluator's Company completing reference) one: (813) 274-8095 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: Project Budget: Completion Date: Project Number of Days: Item Criteria Score must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 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. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS r a 4/6/2021 6:37 AM Packet Pg. 195 ***UPDATED J , 16.C.2.f Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Cepartment of+heTaeasury send to the IRS. Internet Revenue Service ► Go to wwwJm.gov1FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line: do not leave this line blark. Mersino Dewatering, Inc. 2 Busiiwss name/disregarded entity name, it different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entities, not individuals; see p. instructions on page 3): p ❑ Individual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑ Trust/estate C single-mernher LX Exempt payee code (if any) 2 v ❑ LimrEed 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 = so LLG it the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an { Y) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-merrnber LLC that Z 8 disregarded from the owner should check the appropriate box for the tax classification of its owner. ti Other (am instructions)► iAtows.-n aeexnxa Mootit." an.,x Me U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address {optional} 600 W. Dryden Road 8 City. state, and ZIP code Metamora, MI 48455 7 List account number(s) here (optional) Taxpayer Identification Number (TiN) Enter your I IN in the appropriate box, The TIN provided must match the name given on line 1 to avoid Social secuft number backup withholding. For individuals, this is generally your social security number (SSN). However. fora resident alien, sole proprietor. or disregarded entity, sea the instructions for Part I, later. For other — FM m — entities. t is vour emolover identification number (E1M. If you do not have a number, see How to vet a TIN. later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter, Under penalties of perjury, 1 certify that: or number 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)1 am exempt from backup withholding, or (b)1 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 I am no longer subect 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 fo any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. Y must crass 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 inte t and divi son your tax return. For real estate transactions, Rem 2 does not apply. For mortgage interest paid, acquisition or abandonm of ured pro ncellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and ditends u are n t r qui sign the certification, but you must provide your correct TIN. Seq the instfuctions for Part 11, later. Sign Here I U.S. e Signature rson ► \N'M/� V/\--, Date ► {I I ZDh' General InstructiMs " (-1 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 Rs instructions, such as legislation enacted after they were published, go to www.trs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to fle an information return with the IRS must obtain your correct taxpayer identification number MN) which may be your social security number (SSN), individual taxpayer identification number (iTIN), adoption taxpayer identification number (ATIN), or employer identification number (81-4), 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) • 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), 109E-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. It you do not return Form W-9 to the requester with a 7IN, you might be subject to backup withholding. See What is backup withholding, later. a Cat. No. 10231 X Form W-9 (Rev. 10-2018) Packet Pg. 196 Collier County Solicitat 16.C.2.f 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 httns://apns.fldf-,.com/bocexempti 2. ® Employer's Liability $_500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily 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 ContractorNendor 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 ContractorNendor 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 $ Per Occurrence ❑ 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. 4/6/2021 6:37 AM Packet Pg. 197 Collier County Solicitati 16.C.2.f 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 Collier County. 12. ® On all certificates, the Certificate Holder must read: Collier County Board of County Commissioners, 3295 Tamianu 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. 3/11/21 - 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 Vendor Signature Print Name Insurance Agency Agent Name Guv Hurlev Insurance & Su Jed Church Christine Phill Services Date 04.09.2021 Telephone Number 248.519,1422 r a 4/6/2021 6:37 AM Packet Pg. 198 16. C.2 A� �® DATE (MM/2021 Y) CERTIFICATE OF LIABILITY INSURANCE 4/9/2021 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 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 CONTACT NAME: Christine Phillips Guy Hurley, LLC AX q/c No Ezt : (248) 519-1422 IF AIC, No): l24e>519-1401 989 East South Blvd. ADDRESS: cphillips@ghbh.com Suite 200 INSURERS AFFORDING COVERAGE NAIC # Rochester Hills MI 48307 INSURERA:Zurich American Ins. Co. A+ XV 16535 INSURED INSURER B: Travelers Prop 6 Cas Co Amer A++ XV 25674 Mersino Dewatering Inc. INSURERC: Everest National IRS CO A+ XV 10120 dba Global Pump Co. LLC INSURERD:AIG Specialty Insurance Co. A XV 26883 10162 E. Coldwater Road INSURER E: Davison MI 48423 INSURER F: COVERAGES CERTIFICATE NUMBER:21-22 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE I -OH, I HE HULIUY NEh(IUO 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. INSR LTR TYPE OF INSURANCE ADDL SUBR VN/ POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000, C A CLAIMS -MADE 5X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence S 300,C X MED EXP (Any one person) S 10, C XCU Coverage Included X GLO9809023 4/1/2021 4/1/2022 X Contractual Liability PERSONAL & ADV INJURY S 1,000,C GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,C PRODUCTS - COMP/OPAGG $ 2,000,C X POLICY �X PRO LOC ECT $ OTHER: AUTOMOBILE LIABILITY COMBINED accident) SINGLE LIMIT S 1, 000, C BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS BAP9809024 4/1/2021 4/1/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident S $ X PIP Included I X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,( AGGREGATE S 5,000,( B EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ ZUP15N5145A21NF 4/1/2021 4/1/2022 WORKERS COMPENSATION X PER OTH- STATUTE 77 ER A AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) NIA WC9809022 4/1/2021 4/1/2022 E.L. EACH ACCIDENT $ 1,000,( E. L. DISEASE -EA EMPLOYEE $ 1,000,( E.L. DISEASE -POLICY LIMIT $ 1,000,( If yes, describe under DESCRIPTION OF OPERATIONS below C Inland Marine IM8ML00062211 4/1/2021 4/1/2022 Leased/Rented Equip $750,( D Pollution Liability CPL12484636 4/1/2021 4/1/2022 Per Occ/Agg $2, 000,1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 21-7875 Bypass Pump Preventative Maintenance, Repair and Replacement, For any and all work performed on behalf of Collier County. Collier County Board of County Commissioners is an Additional Insured for General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commission 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 R McGregor/PHILLI d V C fC C d C M �=r lQ yr C d > L a CL E 3 a N In M Q m 00 ti R Y C,1 R a 2 m I C1 C �1 C f� 3 m 0 I O i In L d r W E M Q © 1988-2014 ACORD CORPORATION. All rights reserveu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) Packet Pg. 199 W.: (OOUeua;ulew an!)e;uana N CU CD CD i..a C U U U ad dwnd ssedAS : 68VL0 06el3ed p!8 'Ou! `6ulJ8;enn0a-oulsaaw :}uOwLlOePV CD O O E o C) CD O ti U J O O / O v) CiA L ca E~ o v-NMO x Ef3 64 Ef3 ,y, + o v o o 0a aCi L. aCi 6. aGi 6 R a O O CD O a b O � v a? O a� c� (ll V O L L6 V E r- .� CO cc L i1. E N O C4 C- a pp O O O z w r� fn Ice) L � o 7 0 �• a x x 0. a C 3 0 m �u a it d h 0 C a of a .■■IN III ..MIN III rs Collier County Solicita 16.C.2.f collier county Administrative Ser\Aoas Division Procurement 5ernces Date: 3/22/2021 Email: Glenys.Risueno(&colliercountyfl.gov Telephone: (239) 252-6098 Addendum 1 From: Glenys Risueno, Procurement Strategist To: Interested Bidders Subject: 21-7875 Bypass Pump Preventative Maintenance, Repair and Replacement The following changes are made to the above -mentioned Collier County solicitation: This Addendum is to correct the bid due date, as stated below. BID OPENING DATE/TIME: MARCH RCH 12, gym' APRIL 12, 2021 AT 3:00 PM If you require additional information, please post a question on our Bid Sync (-vvww.bidsync.com) bidding platform under the solicitation for this project. CC: Donna Deeter, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. 1w I/z- / Date (Signature) Mersino Dewatering, Inc. (Name of Firm) 4/6/2021 6:37 AM Packet Pg. 201 Collier County Solicita 16.C.2.f Administrative Services Division Procurement Services Date: 4/12/2021 Email: Glenys.Risuenog,..colliercountyfl.gov Telephone: (239) 252-6098 Addendum 2 From: Glenys Risueno, Procurement Strategist To: Interested Bidders Subject: 21-7875 Bypass Pump Preventative Maintenance, Repair and Replacement The following changes are made to the above -mentioned Collier County solicitation: This Addendum is to extend the bid due date, as stated below. BID OPENING DATE/TIME: April ', n r2, 20211 APRIL 26, 2021 AT 3:00 PM If you require additional information, please post a question on our Bid Sync (www.bidsync.com) bidding platform under the solicitation for this project. CC: Donna Deeter, Project Manager Please sign below and return a copy of this Addendum with your submittal for the above OKlL6'4ZCZ Date r (Name of Firm) 4/12/2021 12:00 PM Packet Pg. 202