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#14-6213-84 (Quality Enterprises USA, Inc.) WORKER/PURCHASE ORDER Contract 14-6 3 "Underground Utih Contracting" Contract Expiration Date:Jul ,2018 This Work Order is for professional Underground Utility Contracting services for work known as: Project Name: SRO Wellfield Flow Meter Replacement RFQ 14-6213-84 Project No:70085.17.6✓ The work is specified in the proposal dated December 2, which is attached hereto and made a part of this Work Order. In accordance with.Terms and Conditions of the Agreement referenced above and Request for Quotation # 14-621 84, this Work Order/Purchase Order is assigned to: Quality Enterprises USA, Inc. Scope of Work: As detailed in the attached proposal and the following: > Task I:Perform all work as described in the request for quote(RFQ 14-6�1I3-84),and as listed on the attached quote form. > Task II: Allowance. Schedule of Work: Complete work within 2'%0 days from the date of the Notice to Proceed which is accompanying this Work Order. The Cpfisultant agrees that any Work Order that extends beyond the expiration date of Agreement# 14-6243 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement refer9riced above,the County will compensate the Firm in accordance with following method(s): ENegthiated Lump Sum (NLS) ['Lump Sum Plus Reimbursable Costs (LS+RC) Time & Material (T&M) (established hourly rate— Schedule A) ❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I $ 198,025.19 NEI/ Task II $ 15,000.00 T&iVi TOTAL FEE $213,025.19 NLS &T&M r � y' PREPARED BY: • .1l'W 1t\C‘S,6f\ Cs CI Alicia Abbott,Project Manager Date Engineerin &Project Management Division i APPROVED BY: ` / A► g,a//7 Oscar Martinez, '. ., Principal P .'- -manager Date Engineering&Project Man 0 eme±t Division J Page I of 3 APPROVED BY: (--97C14/0 _ //, 3 - 9 I P. Libby, Wat; I strib tion Manager Date APPROVED BY: 4• eve essner, # ater Director D. e APPROVED BY: To Chmelik, P.E., Director l ate - eering & Project Management Division APPROVED BY: ,,� / �/� 3 ballast J•b /I•ne, Uf i"Operations Support Director Date APPROVED BY: /� i' 3 - 1 en Hall, 'rocurement Strategist Date APPROVED BY: Gebrge Yilmaz, Public Utilities Administrator Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Quality Enterprises USA, Inc. f' / / l` 1 Name & Title of Authorized Officer Date Stacey L. Murrell, Corporate Secretary (Remainder of page intentionally left blank) Page 2 of 3 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Work Order on the date and year first written below. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIE'4010 TY, FLORIDA By: By: _ Penny Tayl fi/Chairman Dated: L -3 -7 - :(SEA.L) Attest as to Chairman's Name of Firm: Quality Enterprises USA, Inc. signature only. I U1-4 By: r fr First Witness Signature Stacey L. Murrell , Corporate Secretary Marcie Cohen TType/print signature and titleT TType/print witness nameT :MI Second W ess Margarita Negron TType/print witness nameT Ap o ed to pi al Le ality: 4s,si:;County Attorney D.e Print Name Page 3 of 3 0 - 0000 0 0 0 8J O O O pO 8 13 a O0 01� m W r. C c 0 u i.e. C V} ...,•,. Vf VF V! 0 H 6 LriL O O O O O '-1 a 0V ci •., 1- ti .m-1 .-IN 2r• Z ur Vr VF ur V! V1•. Ln ,-4 .--1 m 00 6 N 0o . l0 co to • 1a- .-I 10 t0 V1 '-I ri.. VF VT in V? yr O 2 0 W O O O O O .V R V N l0 O 1.0 CO a' .ti O t0 1/1r1 O F.. ' .m-I rl N O t0 Z IA. VL V} V* V} W O 01 N O O em 1. 0 O l0 en O In `Iff.>.. Z - Q CO 00 01 N N 0 W Q a •+ . aj Om m ti e-1 F ,, N S M. w u* v>• -1/1 VTVF o W fl B rl a C O m rn O O V* W a W 2 rn W 111 00 N E > m ‘,-7.} V N n L Y H rn 'N-1 N 00 ..-� O 3 2 V' V! 0 VF yr 0. VF Lf l* T. m 2 J m 3 E E E -' I•- to L L to In N 0 N O Z tl W W O. O. al a j E E E o7J F- a 3 = - 'i• 2 a E_ U o F W a j F.. a 0 W Z'. • e-1 --I --I .11 .ti .11 '-I - W aG' P a" Q ' U 0 F m m 3 I- a 3 v s m c `m a o a c E Z Ot. 9 E m O v c a m w ° o i Iy 1+ °- O1 O N C u J y 0 a 0 0 O N O J u N 0. c 0 E Q c 4 N C lg. v A ,O C N j ' c N c 0. Fs i O 0 c C E m W u _ W O H R C • m • 3 m v o mri, o a a -• •— O.Y " " O m _ v co - d 3 m o00 T¢ = w .g: I 2 ° o c a o o y 3 ` P. 0 > 0 j N 0 • • 0 O n1- N H C LII A y 'a w • c M o c w E E o E w a E EL.- °' 3 0a E •• �? o v w N J p • •- ro V V 7 N i 0 d 0 kG •• vi « Y Q a c '0 E V W H •• c C u1 a O) - '0 00 > ' O aL+ o N N "O N 0 c j •• L 0 0) 1y V I 3c 2 o- a v o o ° m c L•i c t - oz • • V ' « ` to c `z o, c A c°° 0 1a_ LL c c 3 0) E. A 'C W N on L. N ,E N W o H a- O O c O Z •` O LdjV -a a T. gN 'O 06 2 iD a . N Qcc0 yW N O ., •4 LO O c 9 0 ` i c 0 O OJ 0 0J Q d .-I N m N 0 cr Na J o a c Y v Ii .E a a` •, in ¢ a 3 0 0 3 o °' Zc' o a 2', 3 K .-I N m Q In to n 00 F' W W c CO 13 EXHIBIT A PUBLIC PAYMENT BOND Bond No. 9243743 Contract No. 14-6213-84 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and Quality Enterprises USA,Inc. Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg IL 60196 (Business Address)are held and firmly bound to Board of County Commissions,Collier County,FL as Oblige in the sum of Two Hundred Thirteen Thousand Twenty Five Dollars 191100 213,025.19 ) 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 21st day of April , 2017, with Oblige for SRO Wellfield Flow Meter Replacement,Phase — 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 21st day of April , 20 17, the name of under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in th sresence of: PRINCIPAL: „r% � Yl"' Quality Enter " Is USA,Inc. 741, By: f Witnesses as to Principal Name: . Murrell Its: resid nt STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 21st of April 20 17, by Howard J. Murrell as Presidentof Quality Enterprises ,a Virginia corporation, on behalf of the corporation. He/she is perso�r ally known to me OR has produced N/A Known as identification and did (did not)take an oath. i� , ", My Commission Expires, 2/11/18 /L CCr , •F (Signature of Notary) Name: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: FF 070688 Page-12- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Fidelity and Deposit Company of Maryland lY / U k ..( -k(J .# 4.41j, As Attorney in Fact Tai.my A.Ward (Attach Power of Attorney WitneSSBS athryn nel 1299 Zurich Way Schaumburg,IL 60196 (Business Address) Tammy A.Ward (Printed Name) 757-491-1100 (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 21st day of April 2017 , by Tammy A.Ward , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. ri1 ,i My Commission Expires: September 30,2018 ''�,. (t.j,` (, I Yft(64,01 a _e - (Signature of Notar ) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia TERRI K.STRAWHAND 1 Notary Public Commission No.: 247448 Commonwealth of Virginia Reg.#247448 My Commission Expires 9/30/2018 Page -13- EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. 9243743 Contract No. 14-6213-84 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg,IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners Collier County,FL , as Oblige in the sum of Two Hundred Thirteen Thousand Twenty Five Donari and 19/100 ($ 213,025.19 ) 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 21st day of April , 20 17 , with Oblige for SRO Wellfield Flow Meter Replacement,Phase 1 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. Page-14- 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 21st day of April , 2017 , 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: :112117\ Quality Enter r' s USA c. 'Witnesses as to Principal Name: nwar .r_ Murrell Its: President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 21st day of April 201 7 , by Howard J. Murrell , as President of Quality Enterpri SF's USA. Inc. , a Virginia corporation, on behalf of the corporation. He/She is personally known to me OR has produced N/A Known as identification and did (did not) take an oath, 1,7 My Commission Expires: 2/il/18 /LA-6-at (Signature of Notary) r,a � X I •February 11,2018 i- Name: Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: FF 070688 I Page -15- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Fidelity and Deposit Company of Maryland (� As Attorney in Fact Ttutly A.Ward ! (Attach Power of Attorney) Witnesse1( s Kath n Sne11 1299 Zurich Way Schaumburg, IL 60196 (Business Address) Tammy A.Ward (Printed Name) 757-491-1100 (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 21st day of April . 2017 , by Tammy A.Ward , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)! take an oath. My Expires: September 30,2018 !1 '� Commission .moi I1 tG/ (Signature of Notarii) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia TERRI K.STRAWHAND Notary Public oornmonwaahth of Virginia Commission No.: 247448 Req.#247446 My Commission Expires 43/3412018 Page-16- ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Mark C. BUNDY,Tammy A. WARD, Terri K. STRAWHAND and Kathryn SNELL,all of Virginia Beach, Virginia, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 21st day of April,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND QpoMt��as�. O Ir v O i 86AL % sine : 0Arlt 4on A/LLD I} BY Secretary Vice President Eric D.Barnes Michael Bond State of MarylandFOR YOUR PROTECTION, County of Baltimore LOOK FOR THE ZURICH WATERMARK On this 21st day of April,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL BOND,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 97t0A1;4_, L��I•.�'Gf 14 IN Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 POA-F 176-3814A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. • RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. TESTIMO Y WH REOF,I have h unto subscribed my name and affixed the corporate seals of the said Companies, ft-1M 64- day of ,20 I . N.wp oc�os, CASUt 1, SEAL 1968i/fi .'' • Gerald F.Haley,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056