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#14-6213 (WO-Quality Enterprises USA) WORT ORDER/PURCHASE ORDER Contract#14-6213 "Undergound Utility Contracting" Contract Expiration Date: July 7, 2020 This Work Order is for professional services for work known as: Project Name: SCRWTP TSP Acid System Modification Project No: 71065.32 The work is specified in the proposal dated November 29; 2018 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, 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 and as listed on the attached quote form. * Task II Allowance Schedule of Work: Complete work within 170 days from the date of the Notice to Proceed which is accompanying this Work Order.The Vendor agrees that any Work Order that extends beyond the expiration date of Agreement#14-6213'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 referenced above, the County will compensate the Firm in accordance with following method(s): 0 Negotiated Lump Sum(NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) ❑x Time & Material (T&M) El Cost Plus Fixed Fee (CPFF), as provided in the attached proposal. Task I $272,500.84 (NLS) Task II $15,000.00 (T&M) TOTAL FEE $287,500.84 skii \------ PREPARED BY: W`^-c''a- , 13(1` l Alicia Abbott, EI., Project Date Planning&Project Management Department APPROVED BY: ‘r/-. ,- ��imm3 49 I/ Oscar Marti P.E., 'i ipal Project Manager Date Planning&Pro.ect Mana_ •ent Department 1/ l 1 'tiQl�d APPROVED BY: ' ii To Chmelik, P.E., Director Date Planning& Project Management Department ) Y Y1 APPROVED BY: (� N 3D-obi? Randy Le is, SC TP Manager Date APPROVED BY: Steve essner,Water Director to APPROVED BY: a.r�. ' � " /449 Joe B-j/one, tilities Operations Support Director Date APPROVED BY: rge t - y Ath# G Yilmaz, ublic 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 0 �— 1/25/19 Louis . au@ io,Vice President Date 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 Crystal K. Kinzel, Clerk COLLIER CO ORIDA , , -r,, Nitutlit c c...._ By:61-411*49 l'il-- .111111fr Attest as"10-Chairman's Willi./ L. McDaniel,Jr. Sln ettt`¢otIll• Chairman Dafdd41) jV`L' I I (SEAL) Name of Firm Quality Enterprises USA Inc. LC.4u By: ' - • First Witness Signature Louis J. Gaudio, Vice President Isa Carreras TType/print signature and titleT TType/print witness nameT )/1/ 1-Ilt1 Z9 ilti7L---- Second Witness Marcie Cohen TType/print witness nameT Appro -• as to Fo and Legality: dill # VW 47p;t,County Attorney SI 7-/- P---Z-4e e k,-___ Print Name 0 k 8 « / k 2 « ; # « # 8 ¢ e # w ¢ \ : : n . . 3 - t 2, - n .2 § , , , , _ _ , , , 00 .0 , x ] | ! 8 ! 2 21 . t t 2 - / ia es } 1 t .` t % % ,2 ! , % , , ) / \; _ _4; 18 _ § \ } \5 } _ k ( . _ - f :a°2` 1 ` 5 }\ f ) _ -0 5_ § | - < ) y ! ) - | _ -E. � §! # ) ! \ @ 2 ) 2 |a5 ; . / | , ) . • ( _ 9 )) . § § } 8 - ) - § k� \) — ; _ _ 5 2 § _ § !! ` }k k_ 2 - - _ ( I - - ! 2 % ) k - / k §� , ± } ) § } 11 _ ! 5 o5 53 ; - ! _ ) jik \kg}} k )) _ _ :e - - - - ) ® `" ` - gt ` { i\\ ) 3 g - . . _ \ {}§ ■ § !! - - ff] . . ! f! : ,21 _ 1 . Li Li i � .• 1221 o88 _ . k - g - ) , , , 11 „ r, 0, 01 . . , 5 k § .4; | \ 0 Date: October 25, 2018 From: Alicia Abbott, Project Manager Co ler County 239-252-2644, Telephone Number Alicia.Abbott(a colliercountyfl.gov Public Utiles Department Engineering &Project Management Division To: Potential Quoters REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT 14-6213"Underground Utility Contractors" Selected Vendors: Mitchell &Stark Construction Co., Inc. Haskins, Inc. Douglas N. Higgins Inc. Quality Enterprises USA, Inc. As provided in the referenced contract, the County Division is soliciting quotes for the referenced project. Project RFQ Contract#14-6213 South County Regional Water Treatment Plant Acid System Modifications RFQ Due Date: Thursday, November 15, 2018 @ 3:00 PM Friday, November 2, 2018 @ 9:30 AM at the SCRWTP, 3851 Pre-Quote Meeting: City Gate Drive, Naples FL Q&A Deadline: Monday, November 12, 2018 @ 3:00 PM Number of Days to Substantial Completion: 140 Calendar days Number of Days to Final Completion: 170 Calendar days Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $ 834.00 per day Payment & Performance Bonds If over$200,000.00 It is strongly recommended that all contractors attend the pre-quote meeting in order to"walk- through"the project area with the design professional. Your quotation response for this project is due Your quotation response for this project is due electronically to the Email address listed above no later than the date and time specified above.We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the Public Utilities Engineer & Project Management at the below referenced address no later than the time and date specified. We look forward to your participation in this request for information/quotation process. Quality Enterprises USA, Inc. Firm's Complete Legal Name 239-435-7200 239-435-7202 Telepho - ► ralaer_a x Number 41110 Signature Vice President Title Louis J. Gaudio 11/29/18 Print Name Date cc: Oscar Martinez, PE., Principal Project Manager Email: Alicia.Abbott@colliercountyfl.gov CM-le County Telephone: (239)252-5344 Public Utilities Department Engineering &Project Management Division ADDENDUM #1 Memorandum Date: November 13, 2018 From: Alicia Abbott To: Potential Proposers Subject: Addendum #1 —South County Regional Water Treatment Plant Acid System Modifications Contract: 14-6213 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: 1. Change Due Date: Quote Due Date is extended to: November 29, 2018 @ 3:00 PM Q &A Deadline: November 26, 2018 @ 3:00 PM Please sign below and return a copy of this addendum with your submittal for the above referenced solicitation. lill3fa (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. (Name of Firm) County Alicia.Abbott@colliercountyfl.gov �o i amount Telephone: (239)252-5344 Public Utilities Department Engineering&Project Management Division ADDENDUM #2 Memorandum Date: November 27, 2018 From: Alicia Abbott To: Potential Proposers Subject: Addendum #2—South County Regional Water Treatment Plant Acid System Modifications Contract: 14-6213 The following clarifications are issued as an addendum identifying the following clarification to the scope of work, changes, deletions, or additions to the original solicitation document for the referenced solicitation: 1. Revised Bid/Quote Schedule— Item 12 Owner Allowance -An amount of$15,000(Time & Materials) added. Please sign below and return a copy of this addendum with your submittal for the above referenced solicitation. 11/27/18 (Signature) Louis J. Gaudio, Vice President Date Quality Enterprises USA, Inc. 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WHEREAS, Principal has entered into a contract dated as of the 23rd day of January , 2019, with Oblige for SCRWTP Acid System Modifications 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 23rd day of January , 2019 , the name of under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: '1\v G(. 1' Quality Enterprises USA, Inc. Ma e _Casey ,/27 ' '._; /7 By: — • itnesses as to Principal Isa Carreras Name: Louis J. Gaudio Its: Vice President STATE OF Florida COUNTY OF ( 11iPr The foregoing instrument was acknowledged before me this 21rd of January 2019_, by Louis J. Gaudio , as Vice President of Quality Enterprises , 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 My Commission Expires: 2/11/22 1�4 , ),�'t--�" (Signature of Notary) I MARCIE L.COHEN •• • MY COMMISSION#GG 152066 Name: Marcie L. Cohen •••',•Z.• 7 EXPIRES;February 11,2022 (Legibly Printed) ;',,'os' Bonded Thni Public UndfiMtiteri (AF IX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: GG 152066 Page -12- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) O fidelity and Deposit Company of Maryland .10 (f- U. u ! ,(D / As Attorney in Fact (\ Tammy A.Ward (Attach Power of Atto ey) Witnesses v iel J ry 1299 Zurich Way Schaumburg, IL 60196 (Business Address) Tammy A.Ward,Attorney-in-Fact (Printed Name) 804-405-5248 (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 23rd day of January 2019 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 ot) take an oath. My Commission Expires: September 30,2022 ��� 4'1_/i-.., {� If (Signature of NotaiLy) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia Commission No.: 247448 TERRI K STRAWHAND Notary Public Commonwealth of Virginia Reg.#247448 My Commission Expires 9/30/2022 Page -13- (rt,:),) EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No, 9307562 Contract No. 14-6213 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,Florida as Oblige in the sum of Two Hundred Eighty Seven Thousand Five Hundred Dollars and 84/100 ($ 287,500.84 ) 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 23rd day of January , 2019 , with Oblige for SCRWTP Acid System Modifications 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 23rd day of January , 20 19 , 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: i\NV) C<-i Quality Enterprises USA, Inc. Mat Casey /,./A4 <.-4- 2 By: -�" itnessees as to Principal Isa Carreras Name: Louis J. Gaudio Its: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 2lyd day of January 201 9 , by Louis J. Gaudio , as Vice Pr_esi dent of g1lal i ty Fntarprises 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.My � fl//iVed4-.Commissio 'r • 2 11 ; J�beil--- <*+�Y?' •. MARCIELCOHEN (Signature of Notary) ‘,.� *_ MY COMMISSION#GG 152066 _f;..,-.A,.'o` EXPIRES:February 11,2022 Name: Marcie L. Cohen ,4. ®Q. Bonded'Mu Notary Public U"de`wrllens (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: GG152066 :-) Page -15- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) Ofidelity and Deposit Company of Maryland (J 'nil t , As Attorney in Fact, Tammy A.Ward 40,____ (Attach Power of Attorney) Witnesses D iel J.Dry.o 1299 Zurich Way Schaumburg, IL 60196 (Business Address) Tammy A.Ward,Attorney-in-Fact (Printed Name) 804-405-5248 (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 23rd day of January , 2019 , by Tammy A.Ward i 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 Commission Expires: September 30,2022 :>.e 1.)14, atrao--ka-,-ci (Signature of Ndtary) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia Commission No.: 247448 TERRI K STRAWHAND Notary Public Commonwealth of Virginia Reg.#247448 My Commission Expires 9/30/2022 • Page-16- 6_,) 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 BRIAN M.HODGES,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, Daniel J. GRYGO, Devon C. HEATH 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 30th day of November,A.D.2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' wV D0 EPpsJ� r Q vow Secretary Vice President Michael McKibben Brian M Hodges State of Maryland County of Baltimore On this 30th day of November,A.D.2018,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,BRIAN M. HODGES, Vice President, and MICHAEL MCKIBBEN, 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. 00111/104 )' • , ,l )i• ) 3 Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 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. �N TESTIMO WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this /Way of ♦ A 20 V'\. s " (� j), te9e = SEA 0L , • David McVicker,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