Backup Documents 08/26/2025 Item #16F 1 (Absentia 08/12/2025 Item #16C7 - US Water Services Corp.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 C 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management
2. County Attorney Office County Attorney Office
a� as
4. BCC Office Board of County
Commissioners Z�r M l g/Z(
4. Minutes and Records Clerk of Court's Office i
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deidra De La Cruz/Procurement Contact Information 239-252-8950
Contact/Department
Agenda Date Item was August 12,2025 Agenda Item Number 16.C.7 6
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 24-8296 US Water Serviee5
number if document is US Water Services Corporation
to be recorded Corporation
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be DD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the DD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on August 12,2025,and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County 4FiI6 an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the f.IpJ' an option for
Chairman's signature. this line.
l 6 C 7
MULTI-CONTRACTOR AWARD AGREEMENT
#24-8296
for
Wastewater Pump Station Repairs and Renovations
THIS AGREEMENT, made and entered into on this Z. day of 5451-- 20 25 ,
by and between US Water Services Corporation
authorized to do business in the State of Florida, whose business address is
4939 Cross Bayou Boulevard, New Port Richey, Florida,34652 , (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the"County"
or "Owner"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period,
commencing upon the date of Board approval; or • on October 25,2025 , and
terminating three ( 3 ) year(s) from that date or until all outstanding ■
Purchase Order(s) ❑ Work 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 ',Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of Rcqucct for Proposal (RFP) Invitation to Bid (ITB) •
Other: Invitation for Qualifications ( IFQ )# 24-8296
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred
to herein and made an integral part of this Agreement. n The Contractor shall also provide
services in accordance with Exhibit A — Scope of Services attached hereto.
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
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compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the Contractor to order
any minimum or maximum amount. The County shall order items/services as required but
makes no guarantee as to the quantity, number, type or distribution of items/services that
will be ordered or required by this Agreement.
3.3 ❑ The procedure for obtaining Work under this Agreement is outlined in Exhibit A —
Scope of Services attached hereto.
❑ Thc proccdurc for obtaining Work undcr this Agreement is outlined in n Other
Exhibit/Attachment:
3.4 ❑■ The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the
Price Methodology selected in 4.1.
4. THE AGREEMENT SUM.
0 The County shall pay the Contractor for the performance of this Agreement based on
Work performed pursuant to the quoted price offered by the Contractor in response to a
specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑■
Contractor's quoted prices shall be based on Exhibit B- Fee Schedule. 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".
❑Thc County shall pay the Contractor for the performance of this Agreement an estimated
maximum amount of ($ ),
per County fiscal year, based on Work performed pursuant to the quoted price offered by
the Contractor in response to a specific Request for Quotations and the Price Methodology
as defined in Section 4.1. ❑ Contractor's quoted prices shall be based on Exhibit B Fee
Schedule. 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
Chap or214 Flo Stat • therwise-k the-Le ;l f`oyer.,.,-,ent Pro pt P.�.,.,-,ent Act"
4.1 Price Methodology (as selected below):
n Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the satisfaction
of the County's project manager before payment for the fixed price contract is authorized.
❑■ Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work (number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
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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 company (or subcontractor) timekeeping or
payroll records), material or equipment invoices, and other reimbursable documentation
for the project.
n Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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.
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.
4.5 ❑ Travel and Reimbursable Expenses: Travel and Reimbursable Expenses
must be approved in advance in writing by the County. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.11.5 per mile
Breakfast $6.00
Lunch $4-140
Dinner $4.9.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard size vehicles
Lodging Actual cost of lodging at single occupancy rate
with a cap of no more than $150.00 per night
Parking Actual cost of parking
Taxi or Airport Limousine
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Reimbursable itcms othcr than travel cxpcnscs shall bc limited to the following: telephone
long distance chargcs, fax chargcs, photocopying chargcs and postage. Reimbursable
items will bc paid only after Contractor has provided all rcccipts. Contractor shall be
responsible for all othcr costs and cxpcnscs associated with activities and solicitations
undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
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: US Water Services Corporation
Address: 4939 Cross Bayou Blvd.,
New Port Richey,Florida,34652
Authorized Agent: Greg Deremer
Attention Name & Title: President
Telephone: 727-848-8292 x222
E-Mail(s): ccrego@uswatercorp.net
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: Public Utilities Engineering and Project Management Division
Division Director: Matthew McLean
Address: 3339 Tamiami Trail East,
Naples, Florida,34112
Administrative Agent/PM: Zamira Deltoro
Telephone: 239-252-6279
E-Mail(s): Zamira.Deltoro@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.
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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 the suspension period until
the violation has been corrected to the satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience
with a thirty(30)day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$,,000,000.00 Per Occurrence, $2,000,000.00 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
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per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. 0 Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000.00
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000.00
for each accident.
D. ❑ Professional Liability Shall bo maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor ito right „f Feeevory against Cot inty to any oloimo und„r
this insurance. Such insurance shall have limits of not Icsc than $ each claim
and aggregate.
E. ❑ Cyber Liabilityj Coverage shall have minimum limits of$ per claim.
F. 0 Pollution : Coverage shall have
minimum limits of$1,000,000.00 per claim/occurrence.
G. ❑ : Coverage shall have
minimum limits of$ per claim/occurrence.
H. ❑ : Coverage shall have
minimum limits of$ per claim/occurrence.
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.
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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.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Public Utilities Engineering and Project Management 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, I I RFP/ ❑'TB/❑■ Other Invitation for Qualifications(IFQ)
#24-8296 , including Exhibits, Attachments and Addenda/Addendum, 0 subsequent
quotes and corresponding contract documents, n Exhibit C-1 Public Payment Bond, ❑I
Exhibit C-2 Public Performance Bond, ❑■ Exhibit D - Release and Affidavit Form, ❑■
Exhibit E — Form of Contract Application for Payment, ❑■ Exhibit F - Change Order, U■
Exhibit G - Certificate of Substantial Completion, ❑■ Exhibit H -Certificate of Final
Completion, ❑■ Exhibit I - Warranty, n Exhibit J — Affidavit regarding Labor and Services
and ❑� Other Exhibit/Attachment:Federal Contract Provisions and Assurances
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17. APPLICABILITY. Sections corresponding to any checked box (E) 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, as
well as the requirements set forth in Florida Statute, §448.095; 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:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(a�colliercountvfl.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.
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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.
22. 0 BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall
act as a security guaranteeing the performance of the Contractor's work and the
payment by the Contractor to any other party(ies) providing labor and/or materials in
connection with each construction or renovation project performed by the Contractor.
The bonds shall be furnished using the forms prescribed in Exhibit "C-1" and Exhibit
"C-2".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, terminates or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall,
within five (5) calendar days thereafter, substitute another bond and surety, both of
which shall be subject to the Owner's approval.
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•
23. ■ LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the
Notice to Proceed to be issued by the Owner. Contractor shall commence the work within
five (5) calendar days from the Commencement Date. No Work shall be performed at the
Project site prior to the Commencement Date. Any Work performed by Contractor prior to
the Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation/Scope of Work. The date of substantial completion of the Work (or designated
portions thereof) is the date certified by the Owner when construction is sufficiently
complete, in accordance with the Contract Documents, so Owner can occupy or utilize the
Work (or designated portions thereof) for the use for which it is intended. The Work shall
reach final completion and be ready for final acceptance by Owner within the time specified
in the Request for Quotation/Scope of Work.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within
the time specified in the Request for Quotation. Should Contractor fail to substantially
complete the Work within the specified time period, Owner shall be entitled to assess as
liquidated damages, but not as a penalty, the amount specified in the Request for
Quotation/Scope of Work for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues
a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize the
above noted liquidated damages as a penalty, which the parties agree represents a fair
and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the
first day and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day shall be omitted from the computation, and the last day shall become
the next succeeding day which is not a Saturday, Sunday or legal holiday.
24. ■ PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work
in excess of thirty (30) days, the Contractor may request to receive Progress Payments.
Subsequent to the first payment, Contractor must provide Owner with a fully executed
Release and Affidavit in the form attached hereto as Exhibit "D" as a condition precedent
to release of each progress payment. All applications for payment, whether for full payment
or a progress payment shall be in writing, and in substantially the form attached hereto as
Exhibit "E."
25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold
any payments otherwise due to Contractor under this Agreement or any other Agreement
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between Owner and Contractor, to such extent as may be necessary in the Owner's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed within
the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any
other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three
(3) days written notice, rectify the same at Contractor's expense. Owner also may offset
against any sums due Contractor the amount of any liquidated or unliquidated obligations
of Contractor to Owner, whether relating to or arising out of this Agreement or any other
Agreement between Contractor and Owner.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
27. ■I CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and materialmen, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or
the work of others shall not be delayed or impaired by any act or omission by
Contractor. Contractor shall be solely responsible for all construction means,
methods, techniques, sequences, and procedures as well as coordination of all
portions of the Work under the Contract Documents, and the coordination of
Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of
the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of Government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof,
or be deemed to have waived any right which Contractor may have had to request
a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those
for which Owner may be responsible, in whole or in part, shall relieve Contractor of
his duty to perform or give rise to any right to damages or additional compensation
from Owner. Contractor expressly acknowledges and agrees that it shall receive no
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damages for delay. Contractor's sole remedy, if any, against Owner will be the right
to seek an extension to the Contract Time; provided, however, the granting of any
such time extension shall not be a condition precedent to the aforementioned "No
Damage for Delay" provision. This paragraph shall expressly apply to claims for
early completion, as well as to claims based on late completion.
28. ❑■ CHANGES IN THE WORK. Owner shall have the right at any time during the progress
of the Work to increase or decrease the Work. Promptly after being notified of a change,
Contractor shall submit an itemized 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 written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any modifications to this
Agreement shall be in compliance with the County's Procurement Ordinance and
Procurement Procedures in effect at the time such modifications are authorized.
A Change Order in the form attached as Exhibit "F" to this Agreement, shall be issued and
executed promptly after an Agreement is reached between Contractor and Owner
concerning the requested changes. Contractor shall promptly perform changes authorized
by duly executed Change Orders. The Contract Amount and Contract Time shall be
adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree.
29. ❑■ 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.
30. 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.
31. ❑■ 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.
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32. ❑■ 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.
33. EMERGENCIES. In the event of any emergency affecting the safety or protection of
persons or the Work or property at the Project site or adjacent thereto, Contractor, without
special instruction or authorization from Owner is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give the Owner written notice within forty-eight
(48) hours after the occurrence of the emergency, if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused
thereby.
If the Owner determines that a change in the Contract Documents is required because of
the action taken in response to an emergency, a Change Order shall be issued to document
the consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek
an adjustment to the Contract Amount or an extension to the Contract Time.
34. ❑l COMPLETION. When the entire Work (or any portion thereof designated in writing by
Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire
Work (or such designated portion) is substantially complete and request that Owner issue
a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and
Contractor shall make an inspection of the Work (or designated portion thereof) to
determine the status of completion. If Owner does not consider the Work (or designated
portion) substantially complete, the Owner shall notify Contractor in writing giving the
reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which
shall fix the date of Substantial Completion for the entire Work (or designated portion
thereof) and include a tentative punchlist of items to be completed or corrected by
Contractor before final payment.
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Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portions thereof)after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under
the Contract Documents, Owner shall promptly issue a Certificate of Final Completion,
Exhibit H, recommending that on the basis of Owner's observations and inspections, and
the Contractor's certification that the Work has been completed in accordance with the
terms and conditions of the Contract Documents, that the entire balance found to be due
Contractor is due and payable. Final payment shall not become due and payable until
Contractor submits:
A. The Release and Affidavit in the form attached as Exhibit "D."
B. Consent of Surety (if applicable) to final payment.
C. If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents,
to the extent and in such form as may be designated by Owner.
D. The warranty in the form attached as Exhibit "I".
Owner reserves the right to inspect the Work and make an independent determination as
to the acceptability of the Work. Unless and until the Owner is completely satisfied, the
final payment shall not become due and payable.
35. ❑■ 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,
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.
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36. 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.
37. 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.
38. 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.
39. 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.
40. ❑KEY PERSONNEL. The Contractor's personnel and management to be utilized for this
project 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 person:
will be utilized in the performance of the Agreement. The Contractor shall assign as many
people as necessary to complete the services on a timely basis, and each person assigned
shall be available for an amount of time adequate to meet the required service dates. The
Contractor shall not change Key Personnel unless the following conditions arc met: (1)
lar-epesed—Feeve—s-141964e44414Hhe—caaFfie—er—better—wal4isatieRs—andief
experience. (2) that the County is notified in writing as far in advance as possible. The
Contractor shall make commercially reasonable efforts to notify Collier County within seven
(7) days of the change. The County retains final approval of proposed replacement
personnel.
• 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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41. n 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.
■❑ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation
under the Contract Documents upon the Contractor at County's discretion.
42. 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.
43. 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(a)colliercountyfl.gov) 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.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
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44. 0 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.
[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: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal lc, Kinzel,,pftsfrIc of the Circuit
Court and Comptr_olier,
BY: L. ri 4, By: - -_ . 164-
Dated:: C. ,I �. e� . �� � Burt L. Saunders, Chairman
fy
' 191rA t n
Contractor's Witnesses: US Water Services Corporation
Contract r
By:
Contractor's Ft Witness Signature
Edward Mitchell, VP/Secretary
Christina Crego 1'Type/print signature and titlet 00 t t 1+,r,,
tTypelprint witness name •' sliCes
a)::(-)SEAL
Contract r's Second Witness -. 2
Magdalena Columbo % Si'• OR. J
fi Typelprint witness name "p2 •.....
A ed s to d Legality:
County Attorney
/t_
Prin Name
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Mu[ti-Contractor Award Apreemer
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Exhibit A
Scope of Services
Fill following this page (pages through 6 )
❑ this exhibit is not applicable
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Exhibit A—Scope of Work
24-8296"Wastewater Pump Station Repairs and Renovations"
1.1. The intent of this solicitation is to qualify multiple contractors to complete various repairs and renovations of
wastewater pump stations,and any other utilities impacted by the work.Projects may range from simple mechanical or
electrical repairs to complete replacement of the station.Renovation of wet wells at the stations will be typically
surface preparation and relining with an approved material.However,there may be exceptions when complete wet well
replacement would be part of the scope.When necessary,the Contractor may retain specialized subcontractors to
perform portions of the work.
1.2. Collier County is requesting statements of qualifications from contractors capable of furnishing all labor,
materials,tools,equipment,and supervision for repair,renovation of wastewater pump stations,and any utilities
impacted by the work.These will range in size from small neighborhood duplex pump stations up to Community pump
stations,typically the last pump stations within a planned unit development which take flow from several upstream
pump stations.Amounts for individual assignments will be limited to less than$1,000,000.
1.1.The intent is that all work will be scheduled in advance on an as needed basis,in other words no urgent or
emergency work requiring immediate response.Urgent or emergency work will continue to be handled by
contractors under the County's existing Underground Utility Contract and its successor contract.
1.2.Work will be in accordance with the latest version of the Collier County Utility Standards Manual.Plans and
specifications will be provided for each project under this Contract.Location of the Collier County Utility
Standards Manual:https://www.colliercountyfl.gov/government/public-utilities/water-sewer-district/engineering-
and-project-management/resources
2.Procedures for Obtaining Work Assignments
2.1.For all projects,the County's Project Manager will follow the procedure outlined below to receive quotes from the
selected Contractors.
2.1.1. A description of work will be provided,including location plan,site survey,demolition plan and a plan of proposed
improvements and project duration.Special Conditions,beyond those outlined in the Utility Standards Manual will
also be provided as well as a quote schedule.Liquidated damages may be specified.
2.1.2. The County Project Manager will establish the required response time for each project,but in no case will this be
less than 10 business days.
2.1.3.A non-mandatory pre-quote meeting may be scheduled at least 5 business days in advance of receipt of quotes.
24-8296 Wastewater Pump Station Repairs and Renovations
Page 1 of 6
CCU
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2.1.4 Contractors will provide a lump sum quote using the quote schedule provided.A sample quote schedule is shown below.
SAMPLE QUOTE SCHEDULE
Item Number Description Unit Amount Item Cost
1 Mobilization/Demobilization Lump Sum 1 Inserted by Contractor
2 Establish/Operate Bypass Lump Sum 1 Inserted by Contractor
System
3 Demolition and Disposal Lump Sum 1 Inserted by Contractor
4 Wet Well Concrete Repair Lump Sum 1 Inserted by Contractor
5 Piping,Valving,and Pumps Lump Sum 1 Inserted by Contractor
6 Manhole repair/replacement Lump Sum 1 Inserted by Contractor
7 Sitework Lump Sum 1 Inserted by Contractor
8 Stormwater system repair Lump Sum 1 Inserted by Contractor
9 Telemetry Antenna Lump Sum 1 Inserted by Contractor
10 Concrete Pads Lump Sum 1 Inserted by Contractor
11 Wet Well Lid and Hatch Lump Sum 1 Inserted by Contractor
12 Electrical and Controls Lump Sum 1 Inserted by Contractor
13 Startup and Testing Lump Sum 1 Inserted by Contractor
14 Record Drawings Lump Sum 1 Inserted by Contractor
15 Allowance for Pumper Trucks T&M Inserted by County
Total Totaled by Contractor
2.1.5.The procedure for projects with a value of$50,000 or less is outlined below:
• A quote will be requested from one(1)of the awarded Contractors on a basis that ensures a relatively
even distribution of the work.
• Contractor shall respond with the information and/or proposal sought within seven(7)calendar days.
• Issuance of a Purchase Order and NTP by County.
2.1.6. Procedures for projects with a value over$50,000 to$1,000,000 are as follows:
• Quotations shall be solicited from all the awarded Contractors. Completion time and the
collection of liquidated damages may be specified in the request for quotation.
• Contractor shall respond with the quote within ten(10)business days.The County's Project Manager
or designee will review all quotes received by the given due date and may negotiate with the
Contractor who submits the lowest quote.
• Issuance of a Purchase Order and NTP by County.
2.1.5. All work assignments that exceed$200,000 will require performance and payment bonds.
2.1.6.Projects that exceed$500,000 will require Board approval.
2.1.7.Once a contractor is selected for a work assignment,the County's Project Manager will issue a Purchase Order and
NTP.
2.1.5.All work assignments that exceed$200,000 will require performance and payment bonds.
2.1.6.Projects that exceed$500,000 will require Board approval.
2.1.7.Once a contractor is selected for a work assignment,the County's Project Manager will issue a Purchase Order.
The County reserves the right to waive any or all of these requirements if in the best interest of the County and to
separately solicit any job.The County reserves the right to supply all necessary parts for selected projects and repairs.
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3.Procedures for Obtaining Work Assignments when FEMA financial assistance will be used to fund all or a
portion of the work under a resultant Purchase Order:
3.1 The County's Project Manager will follow the procedure outlined below for obtaining quotes for projects with
a value of$10,000 or less:
• A quote will be requested from one(1)of the awarded Contractors on a basis that ensures a relatively
even distribution of the work over the term of the contract.Previous experience working on a facility
or with a particular specialty may be considered in selection provided the overall goal of a relatively
even distribution of the work is still maintained.
• The Contractor shall respond with the information and/or proposal sought within seven(7)calendar days.
• Contractor will commence work upon the County's issuance of a Purchase Order and NTP.The
Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant
contract will survive and remain subject to the terms and conditions of the resultant contract until the
completion or termination of work
3.2 For projects with a value over$10,000 and up to$250,000,or a project not exceeding the simplified
acquisition threshold amount in place at the time of the disaster,and as set forth by the Federal
Acquisition Regulation at 48 CFR subpart 2.1,whichever amount is greater:
• Bid documents such as a Summary of Work,Plans and/or Technical Specifications,etc.will be provided to
all of the selected contractors,along with a bid schedule for providing price. Project timeline and the
collection of liquidated damages may be specified in the Request for Quotation.
• The County's Project Manager will set the required response time for each project,but contractors will be
given a minimum of ten(10)business days to provide a quote.Other projects may require a longer quoting
period to allow for proper coordination. Some projects,urgent in nature,may require a shorter response
schedule at the Project Manager's discretion. This period may also include a pre-bid meeting.
• The Contractor shall provide a completed bid schedule based on the quote schedule provided,
including any identified unit prices and add/deduct alternates.
• Ancillary charges may be transferred to the County in the actual amount; however, mark-ups will not be
allowed. Mark-ups will not be allowed on sales tax, consumer fees or taxes, use and other similar taxes, or
fees associated with any work under this Agreement.
• The County's Project Manager will review all quotes received, and if a minimum of three responsive
quotes are not received,or if the lowest quote is outside the budget,the County may re-quote the project
or formally solicit.
• Payment and Performance Bonds will be required for projects over $200,000 and shall be provided in
accordance with F.S. §255.05.
• Contractor will commence work upon the County's issuance of a Purchase Order and Notice to Proceed.
The Contractor agrees that any Purchase Order that extends beyond the expiration date of the resultant
contract will survive and remain subject to the terms and conditions of the resultant contract until the
completion or termination of work.
• The County reserves the right to waive any or all of these requirements and to separately solicit any job if
it's in the best interest of the County. The County reserved the right to supply all necessary parts for
selected projects and repairs.
• Projects exceeding$250,000 will be formally solicited and publicly advertised by the County,in
accordance with Procurement Ordinance,as amended.The bid opportunity will be open to qualified
bidders beyond
the pool of vendors awarded under the resultant agreement for this solicitation.
The above quoting procedures and thresholds may not apply during Exigent or Emergency(E&E)
Circumstances,as determined by the County. In such a situation,the County reserves the right to
forego quoting procedures and issue a Purchase Order and NTP to one of the qualified Contractors
under the resultant agreement to perform the work necessary to address the E&E circumstances
24-8296 Wastewater Pump Station Repairs and Renovations
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4.General Requirements
The Contractor shall comply with the following General Requirements and Department-specific requirements,
including but not limited to:
4.1 Work Hours. Construction work is allowed Monday through Saturday from 7 am to 7 pm, except on County
holidays (list of holidays available at www.colliercountyfl.gov). Work outside of these hours requires written
approval from the County.No sewer bypasses or shutdowns may be initiated on Fridays or the day before a County
holiday. Specific projects may have more restrictive work hours due to local conditions. Should this be the case,it
will be reflected in the Request for Quotes for that specific project.
4.2 Technical Requirements (if applicable). Included with each request for quote will be a set of plans and
specifications outlining the technical requirements for the projects. This is a compilation of information from the
County's Utility Standard's Manual.All work shall be in accordance with these plans and specifications.If there is
a conflict between the Utility Standards Manual and the Contract's plans and specifications, the more stringent
requirement shall pertain.
4.3'Request for Quotes.The County will issue Request for Quotations for projects it wishes to undertake.Site-specific
considerations will be defined in this Request for Quotations. These may include: pump selection, equipment
elevations, equipment orientation and spacing, access requirements, fencing, landscaping, any other utilities
impacted by the work,etc.Contractors shall submit lump sum quotes broken down into categories as specified in the
quote form accompanying the Request for Quotations. Award will be to the Contractor submitting the lowest
responsive quote.
4.4 Owner-Directed Allowances.An Allowance will be established by the County on each project to cover unforeseen
conditions or contingencies. The basis of payment for allowances will be time and materials not to exceed(T&M
NTE). Therefore, Contractors will be requested to submit standard rate sheets for labor and equipment to be
negotiated before contract award to be used for Allowance work. These rates will remain fixed for the initial term
of the Contract.These rates may be subject to escalation during any renewal periods,if approved by the County.
All T&M NTE work will utilize a fee schedule. Fee schedule rates,which are subject to additions or deletions,will
be negotiated with the awarded Contractors and will be added to the contract for utilization.For all T&M NTE work,
Contractor(s) shall be required to provide backup documentation of the Contractor's time and proof of the
subcontractor services and/or parts/materials/equipment/rental equipment by providing invoices and receipts at the
time of invoice submission. Subcontractor and material markup shall not exceed 10%. Ancillary charges may be
transferred to the County in the actual amount;however,mark-ups will not be allowed.Mark-ups will not be allowed
on freight, sales tax,consumer fees or taxes,use,and other similar taxes or fees associated with any work under the
resultant contract.
4.5 Site Visits. At least five(5)days prior to quotes being due,the County and its consulting engineer may conduct a
non-mandatory site visit to proposed projects to clarify the design intent and address any Contractor questions.
Failure of a Contractor to attend such a site visit shall not excuse it for omitting any items from its quote.
4.6 Subcontractors.The Contractor's scope may include mechanical, electrical,civil, structural, and instrumentation
work.The Contractor may subcontract portions of the work as appropriate,while retaining full responsibility for all
the work.
4.7 Surveying and Record Drawings. To the extent that easements are required to execute the work, these will be
acquired by the County prior to issuing a purchase order and NTP for specific projects. The County will provide a
vertical control elevation near each site for the contractor to use as a datum.The vertical datum used on this Contract
will be NAVD 88. Contractor to provide its own surveyor to ensure that all work, including fences, is within the
established easements or rights-of-way.At the completion of each project,Contractor shall submit record drawings
signed and sealed by a Florida Professional Surveyor licensed in the State of Florida. These shall incorporate any
red-line markups done by the Contractor or the County's inspector during the project.
4.8 Permits. The County will secure necessary approvals from FDEP for "Constructing a Domestic Wastewater
24-8296 Wastewater Pump Station Repairs and Renovations
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16C 7
Collection and Transmission System". The County will also secure Site Development Plan approval from the
Growth Management Depaitment, if needed for any site.The Contractor will be responsible for acquiring:building
and electrical permits,right-of-way permits,dewatering permits (FDEP and SFWMD) if necessary, and any other
permits and approvals customarily the responsibility of contractors. The County will pay the permit fees for any
permits issued by Collier County. The Contractor shall be responsible for payment of all other permit fees and
proper closeout of all permits,including those obtained by the County.
4.9 Safety and Security.The Contractor and subcontractors are required to comply with County Ordinance 2004-52,
as amended.At all times,Contractor and subcontractors must wear the assigned Contractor badge while conducting
work on County property. Background checks are valid for five (5)years and the Contractor shall be responsible
for all associated costs.Contractor may be asked to submit a Safety Plan for specific assignments.Contractor shall
be responsible for securing work sites outside of work hours.
4.l0Maintenance of Traffic (MOT). Contractor shall be responsible for submitting a maintenance of traffic plan to
obtain Right-of-Way Permits. There may be situations where a right-of-way permit is not required(e.g. within a
gated community)however,Contractor shall still be responsible for submitting and implementing an MOT plan.
4.11 Utility Parts. The County intends to direct-purchase as much of the equipment and materials as practical for the
projects covered by this Contract. Ferguson is the current supplier for utility parts. Xylem is the current primary
supplier for submersible wastewater pumps and accessories,including pump controls. Contractor shall coordinate
closely with the County's equipment suppliers, including picking up equipment from local warehouses, as
necessary.The division of responsibilities for supplying equipment for each project will be clearly defined in each
Request for Quotation. Contractor shall deliver used equipment removed from existing pump stations to a County
facility to be identified.
4.12Defective Work.Any work not meeting the project's plans and specifications,in the sole opinion of the County,will
be brought to Contractor's attention. The Contractor shall remedy the problem within seven(7) business days by
repair,replacement,or new installation to the satisfaction of the County at no additional cost.
4.13Sanitary Sewer Overflows Prohibited. Contractor shall exercise extreme care to prevent Sanitary Sewer
Overflows (SSOs). If an SSO occurs due to the actions or inactions of the Contractor, the Contractor shall be
responsible for all associated fines and penalties.The County will have the right to respond to a Contractor causing
an SSO by limiting its work under this Contract to low-risk assignments or,if circumstances warrant,to remove the
Contractor from this Contract.The following paragraphs discuss methods to be used in this Contract to prevent SSOs.
4.14Coordination with Wastewater Collections. Coordination with the Wastewater Collections staff is of utmost
importance under this Contract. If the work on any project involves shutting down a pump station, initiating a
bypass, or any other event that could compromise the reliability of the sewer collection system, then Contractor
shall initiate a contingency meeting with the Wastewater Collections Section. The Contractor shall present a work
plan during the submittal process and obtain an approved contingency work plan at least ten(10)business days
before planned shutdown. The Plan shall include identification of any potential risks of sanitary sewer overflows
and how these risks will be mitigated.
A table outlining necessary notifications of Wastewater Collections by Contractor prior to initiating certain operations
will be provided to Contractor.A preliminary version is shown below:
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PUMP STATION PROJECTS-KEY EVENTS FOR NOTIFICATIONS
Event Whom to Notify Minimum Notice Requirement
Contingency meeting prior to working on PS TBD Ten(10)business days before planned
shutdown
Isolate pumping station to initiate bypass TBD 24 hours in advance of event
Disconnect electrical power to PS TBD Between 8 and 9 a.m.day of event
Restore electrical power to PS(1 PL) TBD ----
Pump Station Start Up/Testing TBD 48 in advance of event
Completion of 5-day test and authorization to
remove bypass_pumps TBD Upon expiration of 5-day period
Delivery of used control panels and pumps TBD 48 hours
Emergency requiring Wastewater Collections Call Emergency Number Immediately upon learning of the
equipment or resources 239-252-2600 emergency.
4.15Coordination with Other Utilities. In developing each Request for Quotations, the County and the Engineer of
Record will use best efforts to identify other utilities.Contractor shall call for Utility Locates(Sunshine State One
Call—811)no less than two business days prior to any excavations.The County will coordinate with FPL to adjust
FPL equipment,if needed,in advance of projects.The Contractor shall coordinate directly with FPL for purposes of
temporary disconnect and reconnect the electrical service to pump stations.
4.16Bypass Pumping.Certain projects will require bypass pumping to allow work on the pump station.Contractor shall
be responsible for submitting a written bypass plan for each such project. These will be discussed at the earlier-
mentioned contingency meetings, and subject to the approval of the County. Redundant bypass pumps will be
required.If adjacent manholes are to be used as temporary wet wells during the bypass,they shall be equipped with
floats and a dial-up system monitored by the Contractor 24/7/365. Contractor shall be able to respond to an alarm
by having a representative on site within 30 minutes of alarm initiation(this may be a representative of the bypass
pump supplier).Each bypass shall operate satisfactorily for at least 48 hours before turning off the associated pump
station. Similarly,once a pump station is returned to operation,the bypass shall remain in standby status for at least
48 hours prior to disconnecting the bypass.As long as a bypass is operating,the Contractor shall be responsible for
the monitoring,control and operation of that pump station.
4.17Pumper Trucks.It may be necessary or desirable to have pumper trucks available during certain operations.A bid item,
with a Time and Material(T&M)price,will be established by the County for pumper trucks on each assignment where they
may be needed.
4.18Minimum Qualifications
• Certified Underground Utility and Excavation Contractor or General Contractor's License.
• Electrical Contractor's License or identify proposed electrical subcontractor and provide evidence of the
electrical subcontractor's license.
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Exhibit B
Fee Schedule
0 following this page (pages through )
❑ this exhibit is not applicable
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Exhibit B - Fee Schedule
#24-8296 Wastewater Pump Station Repairs and Renovations
Description U/M Fees OT Fees
Principal hour $299.66 $449.49
Director of Engineering Services(Registered Professional Engineer) hour $250.57 $375.86
Engineer III (Registered Professional Engineer) hour $230.54 - $345.81
Engineer II hour $ 183.47 $275.21
Engineer I hour $ 144.83 7 $217.25
Sr. Environmental Consultant _ hour $215.90 $323.85
Hydrogeologist(Registered Professional Geologist) hour $202.95 $304.43
Sr. Project Manager hour $239.86 i- $359.79
Project Manager hour $ 192.19 $288.29
Safety/Field Inspector hour $ 164.65 $246.98
Engineering Technician - _ hour $ 132.08 _ $ 198.12
Operations Manager/Maintenance Manager hour $ 192.19 ! $288.29
CAD Operator hour $ 113.36 $ 170.04
Instrumentation/Control Technician hour $ 153.58 $230.37
Maintenance Supervisor/Lead/Onsite Project Coordinator hour $ 119.87 I $ 179.81
Maintenance Technician _ hour $98.50 I- $ 147.75
Welder/Fabricator hour $ 113.69 $ 170.54
Utility Electrician hour $ 153.58 $230.37
Certified Cross Connection Control Technician (Backflow Prevention Technician) hour $ 124.15 $ 186.23
Lab Tech/Collection Capture hour $80.40 $ 120.60
Water and Wastewater Plant Operator(Lead) hour $ 132.52 $ 198.78
Water and Wastewater Plant Operator hour $93.86 $ 140.79
Administrative Support hour $72.00 $ 108.00
Equipment U/M Fees
Confined Space Entry-With Permit and Equipment Per/entry $289.40
Diaphragm Pump Rental/Trash Pump Per/day $86.82
Submersible Pump Rental Per/day $91.45
Bypass Pump-Trailer Mounted/Diesel Per/day $694.56
Cut Saw Rental rt Per/day $70.90 _-
Cut Saw Blades Each $34.73
RPZ Certification Each $ 173.64
Lift Station Calibration and Testing Each $426.90
Pressure Washer _ Per/hour $ 101.29 _
Pressure Jetter _ Per/day $347.28
Cutting Torches Per/day $98.03 _
Crane Truck Per/hour $ 159.89
VacTruck/Residuals Hauler(4 Hour Minimum) Per/hour $367.55
Pump Hoist Per/day $90.39
TV Camera Per/hour $260.46
Mini Excavator Per/day $405.16
Trailer Transport Per/day $ 103.03
Light Plant Per/day $ 188.11
Trailer Mounted Portable Generator Per/day $253.22
C w‘_1
1 6 C
Exhibit C-1
❑ this exhibit is not applicable
PUBLIC PAYMENT BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and
firmly bound to as Oblige in the sum of
($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly
and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_
with Oblige for
in
accordance with drawings and specifications, which contract is incorporated by reference and made
a part hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in
full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties' obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no
event will the Surety be liable in the aggregate to claimants for more than the penal sum of this
Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 20 , the name of under-signed representative, pursuant to authority of its
governing body.
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Signed, sealed and delivered
in the presence of: PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this of 20 , by
, as of , a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced _
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary Public-State of Florida)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
Page 22 of 37
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I 8 C 7
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑ online notarization, this _of 20 , by
, as of , a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced _
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary Public-State of Florida)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 23 of 37
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❑ this exhibit is not applicable
EXHIBIT C-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 , with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and
made a pat hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains
because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any
changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this
bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of
time, alterations or additions to the terms of the Contract or other work to be performed hereunder,
or the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alternations or additions to the
terms of the Contract or to work or to the specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes,
shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum
of this Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 20 , the name of each party being affixed and these presents duly signed
by its undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or
❑ online notarization, this _of 20 , by
, as of , a corporation,
on behalf of the corporation. He/she is personally known to me OR has produced _
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary Public-State of Florida)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this of 20 , by
as of , a corporation, on behalf
of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary Public-State of Florida)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 26 of 37
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1eC
n this exhibit is not applicable
EXHIBIT D
RELEASE AND AFFIDAVIT FORM
COUNTY OF (
STATE OF (
Before me, the undersigned authority, personally appeared who
after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ to be received,
("Contractor") releases and waives for itself and it's subcontractors,
material-men,successors and assigns, all claims demands,damages,costs and expenses,whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated , 20 for the period from
to . This partial waiver and release is conditioned upon payment
of the consideration described above. It is not effective until said payment is received in paid funds.
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's[monthly/final]Application for Payment No.
CONTRACTOR
BY:
Witness ITS:
DATE:
Witness
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or❑ online notarization,
this of 20 , by , as
of , a corporation,on behalf of the corporation. He/she
is personally known to me OR has produced as identification and did
(did not)take an oath.
(Signature of Notary Public-State of Florida)
(Legibly Printed)
Notary Public, State of
(AFFIX OFFICIAL SEAL)
Commissioner No.:
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EXHIBIT E
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished
through the Date:
(Contractor's Address)
RE:
(Proj
ect Name)
Original Contract Time: Original Contract Amount:
Revised Contract Time: Total Change Orders to
Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru [insert date] $ and stored to Date
Retainage @ _% after [insert date] $ Less previous payment (s)
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION:
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS
APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous
progress payments received from OWNER on account of Work done under the Contract referred to
above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection
with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title
to all materials and equipment incorporated in said Work or otherwise listed in or covered by this
Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
Page 28 of 37
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16C
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3)
all amounts have been paid for work which previous payments were issued and received from the
OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as
shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be
incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is
recommended:
By Design Professional : (DP's Name)
(Signature)
DATE:
(Type Name &
Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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n this exhibit is not applicable
EXHIBIT F
CHANGE ORDER
❑ Contract Modification ❑Work Order Modification
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount " Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date, Description of the Task(s) Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date Includes this change)
#of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other(see
below)
Provide a response to the following: 1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and
/or the additional days added(if requested);2.)why this change was not included in the original contract; and,3.) describe the
impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed.
Prepared by: Date:
(Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the
same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance.
The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor /
Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
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IC 71
this exhibit is not applicable
EXHIBIT G
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the following
specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete
in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and
the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within days of the above date of Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat,
utilities, insurance and warranties shall be as follows:
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led
RESPONSIBILITIES:
OWNER:
CONTRACT OR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor
is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents.
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
20
OWNER
By:
Type Name and Title
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EXHIBIT H
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in
accordance with the contract documents on:
DATE OF FINAL COMPLETION
The warranty in Exhibit I is attached to and made a part of this Certificate:
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Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on , 20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on , 20_
OWNER
By:
Type Name and Title
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n this exhibit is not applicable
EXHIBIT I
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective
work and materials and all other work damaged by any defective work upon written demand by the
COUNTY. It is further understood that further consideration for this warranty and guaranty is the
consideration given for the requirement pursuant to the general conditions and specifications under
which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes,
Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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EXHIBIT J
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
Effective July 1,2024,pursuant to§ 787.06(13), Florida Statutes, when a contract is executed,renewed,or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place or business in a foreign country of concern,
Effective July I,2025,when an entity extends or renews a contract with a governmcutal entity which would grant the entity access
to an individual's personal identifying information,the entity Oust provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity aces not meet any or the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes.
Nongovernmental Entity's Name. U.S. Water Services Corporation
Address: 4939 Cross Bayou Blvd., New Port Richey FL 34652
PhoneNumber: 866-753-8292
Authorized Representative's Name: , Edward Mitchell
Authorized Representative's Title: VP/ Secretary
Email Address: emitchell@uswatercorp.net& ccrego@uswatercorp.net
i, Edward Mitchell --(Name of Authorized Representative), as authorized representative attest under
penalty of perjury that U S Water SANirP.S Corporation (Name of Nongovernmental Entity)does not: (I) use
coercion for labor or services as defined in§787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(h)that a foreign country of concern does not have a controlling interest in the
entity,and(c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited tinder§287.138,Florida Statutes,
Under penalty f perju ,I declare du I have read the foregoing Affidavit and that the facts stated in it are true.
July 17, 2025
(Signature of authorized representative) Date
STATE OF FLORIDA_
COUNTY QF 24.8296 PASCO
Sworn to(or affirmed)and subscribed before me,by means of X physical presence or 0 online notarization this
17 day of July ,20 25,by Edward Mitchell (Name ofAffiant),who produced his Florida Driver's License as
identification. Ok,a(�
c) ;ot!;,,, CHRISTINA R. CREGO
o�'R ti'=Notary Public-State of Florida
Notary Public _`� r/
;�� �,= Commission# HH 636984
February 4, 2029 -4r,ltap; My Commission Expires
"n,�" February 04. 2029
Commission Expires
Personally KWNW !4OR Produced Identification 0
Type of Identification Produced:
1 6 C 7
Other Exhibit/Attachment
Description: Federal Contract Provisions and Assurances
■❑ following this page (pages through 13 )
I this exhibit is not applicable
Page 37 of 37
Multi-Contractor Award Agreement
[2025_ver.2]
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and
to modify the general conditions and other specifications. In cases of disagreement with any other section
of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial
assistance will be used to fund all or a portion of the contract.
Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is
an entity that receives a Contract/Purchase Order.
Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the County harmless against all claims of whatever
nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed
and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with all applicable
Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
O 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide
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Access to Records: 1)The contractor agrees to provide the County,the Florida Department of Emergency
Management, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representative's access to any books, documents, papers, and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to
provide the FEMA Administrator or his authorized representatives' access to construction or other work
sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the
Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in
this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Buy Clean: The County encourages the use of environmentally friendly construction practices in the
performance of this Agreement. In particular, the County encourages that the performance of this
agreement includes considering the use of low-carbon materials which have substantially lower levels of
embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal,
as compared to estimated industry averages of similar materials or products as demonstrated by their
environmental product declaration.
Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract
change, modification, amendment, addendum, change order, or constructive change must be necessary,
allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of
work, and otherwise allowable.
OHS Seal, Logo, and Flags: The County must obtain written permission from Department of Homeland
Security prior to using the OHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency
officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials. The contractor shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-
approval.
Domestic Preference for Procurements: The Contractor should, to the greatest extent practicable and
consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement,
and other manufactured products.
For purposes of this section: "Produced in the United States" means, for iron and steel products, that all
manufacturing processes,from the initial melting stage through the application of coatings, occurred in the
United States.
Build America, Buy America Act (BABAA): FEMA Public Assistance Funding is not subject to Buy
America preference pursuant the following guidance: Programs and Definitions: Build America, Buy
America Act I FEMA.gov
License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract, the Contractor will identify such data
and grant to the County or acquires on its behalf a license of the same scope as for data first produced in
the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography, pictures or images,graphics,sculptures,videos, motion pictures or other audiovisual works,
sound and/or video recordings, and architectural works. Upon or before the completion of this contract,the
Contractor will deliver to the County data first produced in the performance of this contract and data
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
required by the contract but not first produced in the performance of this contract in formats acceptable by
the County.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this
clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services;
interconnection arrangements; roaming; substantial or essential component; and telecommunications
equipment or services have the meaning as defined in FEMA Policy,#405-143-1 Prohibitions on Expending
FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L.
No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020,
from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology
of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument,
any equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of
a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications
equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that
such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered
telecommunications equipment or services that: a. Are not used as a substantial or essential component
of any system; and b. Are not used as critical technology of any system. (ii). Other telecommunications
equipment or services that are not considered covered telecommunications equipment or services.
(3) Reporting requirement.
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(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i)
Within one business day from the date of such identification or notification: The contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial
and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer
number, manufacturer part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended.(ii)Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation
actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to
prevent use or submission of covered telecommunications equipment or services, and any additional efforts
that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in
all subcontracts and other contractual instruments.
Providing Good, Safe Job to Workers: Pursuant to FEMA Information Bulletin No. 520, the contractor
will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality
of work, the contractor commits to strong labor standards and protections for the project workforce by
creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment
laws. The contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and
safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest
extent practicable.
Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance
Funding
Socioeconomic Contracting: The Contractor is encouraged to take all necessary steps identified in 2
C.F.R. § 200.321(b)(1)-(5) to ensure small businesses, minority businesses, women's business
enterprises, veteran owned businesses, and labor surplus area firms are considered when possible. Such
consideration means: (1) These business types are included on solicitation lists; (2) These business types
are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement
transactions into separate procurements to permit maximum participation by these business types; (4)
Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date
of each month) that encourage participation by these business types; (5) Utilizing organizations such as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and (6) Requiring a contractor under a Federal award to apply this section to subcontracts.
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt.3000, subpart C while this offer is valid and throughout the period of any contract
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that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
Contractors must sign and submit a debarment certification to the County with each bid or offer. See
Certifications and Assurances and the end of this document.
Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired — a) Competitively within a timeframe providing
for compliance with the contract performance schedule; b) Meeting contract performance requirements; or
c)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline(CPG)Program I US
EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or
use products and services that can be reused, refurbished, or recycled; contain recycled content, are
biobased, or are energy and water efficient; and are sustainable.
Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract
Terms and Conditions
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who
apply or bid for an award of more than$100,000 shall file the required certification. Each tier certifies to the
tier above that it will not and has not used federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer
or employee of Congress, or an employee of a Member of Congress in connection with obtaining any
federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier to tier up to the County who in turn will forward the certification(s)to the
federal agency.
Contractors must sign and submit a lobbying certification to the County with each bid or offer exceeding
$100,000. See Certifications and Assurances and the end of this document.
Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C. 3701-3708) (over $100,000):
Where applicable, all contracts awarded by the solicitor in excess of$100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5).
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under contract for the
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section,
in the sum of $32 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1).
(3)Withholding for unpaid wages and liquidated damages—
(i) Withholding Process. The County may, upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary
relief, including interest; and liquidated damages required by the clauses set forth in this paragraph
(b)on this contract,any other federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the
same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the
contractor under this contract, any other federal contract with the same prime contractor, or any
other federally assisted contract that is subject to the Contract Work Hours and Safety Standards
Act and is held by the same prime contractor, regardless of whether the other contract was awarded
or assisted by the same agency, and such funds may be used to satisfy the contractor liability for
which the funds were withheld.
(ii) (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in
accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds
by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D)A contractor's assignee(s);
(E)A contractor's successor(s); or
(F)A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in
paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (5). In the
event of any violations of these clauses, the prime contractor, and any subcontractor(s)responsible will be
liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or
loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be
subject to debarment, as appropriate.
(5)Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce,
blacklist, harass,or in any other manner discriminate against, or to cause any person to discharge, demote,
intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any
worker or job applicant for:
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(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation
of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations
in this part;
(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or
seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this
part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under
CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part."
Further Compliance with the Contract Work Hours and Safety Standards Act.
(1)The contractor or subcontractor must maintain regular payrolls and other basic records during the course
of the work and must preserve them for a period of three years after all the work on the prime contract is
completed for all laborers and mechanics, including guards and watchpersons, working on the contract.
Such records must contain the name; last known address, telephone number, and email address; and
social security number of each such worker; each worker's correct classification(s) of work performed;
hourly rates of wages paid;daily and weekly number of hours actually worked;deductions made; and actual
wages paid.
(2) Records to be maintained under this provision must be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the Department of
Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the
contractor or subcontractor will permit such representatives to interview workers during working hours on
the job."
Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§7401 et seq. 2.The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn,
report each violation as required to assure notification to the Federal Emergency Management Agency,and
the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include
these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to assure notification
to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA.
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided
by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
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FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CONSTRUCTION ACTIVITIES
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part
60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4.
During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin.The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant.This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4)The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6)The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in
whole or in part an the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules,
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regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
Davis Bacon Act: Exempt under FEMA Public Assistance Funding
Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding
EXHIBIT I-9
11/24
1 6 C 7
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Compliance with Federal Law,Regulations,And Executive Orders
and Acknowledgement of Federal Funding
Certification
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the
contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be available to the County for review and approval. The Contractor agrees to include in
the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
County and the Grantor Agency harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.The
County may document in the quarterly report the Contractor's progress in performing its work under this
agreement.
On behalf of my firm, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name U.S. Water Services Corporation
Date January 21, 202
Authorized Signature
Gary mer, PrOsident
EXHIBIT I-10
11/24
C 7
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective
contract shall attach an explanation to this form.
CONTRACTOR
U.S. W. e Se is s Corporation
By:
Sig :lure
Gary Der:mer, President
Name and Tit\e
4939 Crossyou Blvd.,
Street Address
New Port Richey FL 34652
City, State, Zip
WNDSGSBPHBKB
UEI Unique Entity Identifier(for SAM.gov verification)
January 21, 2025
Date
Sub-Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: TBD
FEMA Project Number: TBD
EXHIBIT I-11
11/24
CAD
16C 7
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
status will be.trirt. U i.er'a-.:A statuses le A require me pp'As to etther pr.:.ide a revised statement or pro:kid source documentation that validates a
Status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
P?d.IE t/:U.1E :11fIE FED 7.0.1SER cum aACT CO_L:.t-r.tOU'.T
U.S. Water Services Corporation 20-0008821 NA
;THE MIME A=OaD_-CEPTIOC .S',-C,ED, ',ETa;.tl Y tJN STTIEACF1VFTYOF VIZ CONTRACT.
'.11':04:T.CA WOMENBUS'NESS E'ITEAP?SET CBE? V ® CONSTRUCTION? '' N
CEE MEE.5BE.OR WW1 AS ALt:CAD.tt.T.::EC' ..
31.1_',ESS:.:CERTIFICATION FROM THE SMALL IL P1'.E:; t'13E' Y ® CONSULTATION? Y N
n V.Ii%5TRATO'I' A SEANCE DISABLED VETERAN' ..BE% Y ® CeThc P. Y TI
S.9aA? Y
ISTrtS5L'B!tS;0'.APE,I;,orI Y g FI ES:REVSICN'.Ut.t&EP
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORN OR ETHNICITY CODE SUB/SUPPLIER PERCENT Of CONTRACT
VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
NA NA NA NA NA NA
TCI--LS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUDMITTER DATE TRIP OF SUBENTTER
Edward Mitchell 7/17/2025 VP/Secretary
EMAIL ADDRESS OF PRIME(SUB NUTTER) TELEPHONE NUMBER FAX NUMBER
emitchell@uswatercorp.net 866-753-8292
NOTE:This information is used to track and report anticipated DBE or MBE participation In federally-funded contracts The anticipated DBE or
MBE amountis.o'L.ntar;and will not become part of the contractual terms.This form mIs:be submitted attreofre:asn:etoa
so'icitation rf and when awarded a County contract,the::ri»-s..d be asked to up;ate the information for the grant compliance files.
ETHNICITY CODE
E'ac Arercan EA
1-spanicare-,can HA
r.an.e Ar erican NA
Subccat.ts.an Ar'o,;can SAA
&sun-Paofic Arnencan APA
i:Orh.::IIOrri e.olien [.W
Other.not of am other group Fsted 0
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME CCUFF CC'rTF;CT°I FB,P'P o•PO P_O. SP.S'.T PP O'.RM.1.'C O.".TF.'.0
'AC7CEPT'ED BY: DATE
EXHIBIT I-12 I
11/24
.
I 6 C 7
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding$100,000)
The undersigned [Contractor]certifies, to the best of his or her knowledge,that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
U.S. Water '.e ices Corporation
Con. - •r(Fire me)
A
Signet '=!of Co tractor's Authorized Official
Gary Dem� eriPresident
Name and Title-'of Contractor's Authorized Official
January 21, 2025
Date
EXHIBIT I-13
11/24
CAO