Backup Documents 07/27/2021 Item #16C2FIXED TERM SERVICE AGREEMENT
# 21-7875
for
Bypass Pump Preventative Maintenance, Repair and Replacement
THIS AGREEMENT, made and entered into on this day of- - X 20 21 by
and between Mersino Dewatering, Inc.
authorized to do business in the State of Florida, whose business address is 411 Timaquan
Trail, Edaewater, FL 32132 (the "Contractor")
anA Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three (3 )year period,
commencing upon the date of Board approval; ot El Ul I 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,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 LLEJ Purchase Order ❑ .
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ❑V k ❑� Invitation to Bid (ITB)
❑ vie - ) # 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.
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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):
� 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.
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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.
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4A 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.
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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:
Address:
Authorized Agent:
Attention Name &
Telephone:
E-Mail(s):
Mersino Dewateri
n�
Inc.
8235 N. State Rd 33
Lakeland, FL 33809
Rodney Mersino Jr., President
Title: Jed Church, Municipal Manager
(813) 625-7332
Jed.Church@mersino.com
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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
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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. 0 Commercial General Liability: Coverage shall have minimum limits of
$170002000 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
$120001000 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 Cl"d federal laws.
The coverage must include Employers' Liability with a minimum limit of
$ 500,000 for each accident.
■ � -
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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.
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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, ❑ RFR� ❑■ ITB/❑ OtheF--
#21-7875 including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent
quotes, and ❑
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:
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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:
•1XIMOOLIZ11 Gil 1• • • •
..
Naples, Tamiaml Trail East, Suite 102
Telephonev8•••
P • d'-•' uest6E colliercountyfl.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.
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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. 0■ 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,
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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. � 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.
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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.
0 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.
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35. 0 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 a -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.
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38. ❑N 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)
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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 Wi#nesses:
s First
nt
Cor�ractor's Second Witness
c idle IV JZACip
TType/print witness nameT
Print Name
BOARD OF COUNTY GOMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
PENNY TAYLOR
Mersino Dewatering, lnc.
Contractor
Chair
�Nt EIS a J i 0
t signature and titleT
S Schwartz
NOTARY PUBLIC -STATE OF MICHIGAN
COUNTY OF MACOMB
MY COMMISSION EXPIRES DEC 4, 2023
ACTING IN THE COUNTY OF
Approved in absentia per Resolution
2000-149 on
By:
Mark Isackson, County Manager
Pate to of 17
Fixed Term Service Agreement 2U2i
cv�NT
Exhibit A
Scope of Services
❑K following this page (containing 3 pages)
❑ this exhibit is not applicable
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ITB# 217875 `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
I O L 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
Kin fisher Loo
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 1 of 3
Exhibit A —Scope of Services
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 IS% 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. EQUIPMENT &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 Lite 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:OOam to S:OOpm, 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
• 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 any time. 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
Exhibit B
Fee Schedule
following this page (containing pages)
Page 16 of 17
Fixed Term Service Agreement 2021_Ver.l
ITB# 214875 "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
Other Exhibit/Attachment
Description:
❑ following this page (containing pages)
❑� this exhibit is not applicable
Page 17 of 17
Fixed Term Service Agreement 2021_Ver.l
A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMDD/YYYY)
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 `AME: '' Christine Phillips
NAME:
Guy Hurley, LLC PHCN o Ext: 1248)519-1422 FAX
NO; (24e)519-1401
989 East South Blvd. E-MAIL cphilli @ hbh.com
ADDRESS: psg
Suite 200 INSURERS AFFORDING COVERAGE NAIC #
Rochester Hills MI 48307 INSURERA: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 CONTRACTOR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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
SUER
POLICY NUMBER
MM DDNYYY
MM/DD/YYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
XCU Coverage Included
X
GL09809023
4/1/2021
4/1/2022
EACH OCCURRENCE
$ 1,0001000
DAMAGE TO RENTED
PREMISES Ea occurrence
300 , 000
$,__
MED EXP (Any one person)
$ 10 , 000
X
X
Contractual Liability
PERSONAL BADV INJURY
$ 11000,000
GENERAL AGGREGATE
$ 21000,000
GEN'LAGGREGATE LIMITAPPLIES PER:
X POLICY a JECT LOC
OTHER:
PRODUCTS -COMP/OPAGG
$ 21000,000
$
A
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS N AUTOS
X PIP Included
X
BAP9809029
9/1/2021
9/1/2022
COMBINED SINGLE LIMIT
Ea accident
$ 11000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
5
$
B
X
UMBRELLA LIAR
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
ZUP15N5145A21NF
4/1/2021
4/1/2022
EACH OCCURRENCE
$ 51000 000
AGGREGATE
$ 51000,000
$
DED
RETENTION $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTfVE
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
WC9809022
4/1/2021
4/1/2022
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
,
$ 11000,000
E.L. DISEASE - EA EMPLOYEE
5 11000,000
E.L. DISEASE- POLICY LIMIT
$ 11000,000
C
D
Inland Marine
Pollution Liability
IM8ML00062211
CPL12484636
4/1/2021
4/1/2021
4/1/2022
4/1/2022
Leased/Rented Equip $750 t OOO
Per OWAgg $2,000,000
DESCRIPTION OF OPERATIONS / 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
y Board of County Commission
3295 Tamiami Trail East
Naples, FL 34112
Collier Count
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (zolaol)