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Agenda 11/12/2019 Item #16F 7 (Work Order under Contract #14-6213)16.F.7 11/12/2019 EXECUTIVE SUMMARY Recommendation to authorize a Work Order under Agreement No. 14-6213, "Underground Utility Contractors," for Pelican Bay Lake 2-9 Restoration to Quality Enterprises USA, Inc., in the amount of $682,722.70. OBJECTIVE: To approve a Work Order to retain Quality Enterprises USA, Inc. ("Quality Enterprises") to perform Pelican Bay Lake 2-9 Restoration work as indicated in the included engineering plans. CONSIDERATIONS: Collier County Ordinance No. 2002-27, as amended, established the Pelican Bay Services Division Municipal Service Taxing Benefit Unit (the "MSTBU") to provide quality street lighting, water management, and streetscape beautification services exclusively to the residents of Pelican Bay. On June 10, 2019, staff sought proposals on this project from all vendors currently under contract with the County under Agreement No. 14-6213, "Underground Utility Contractors." Four of the six contractors under contract submitted bids, which were received and opened by staff on July 8, 2019. The quotations received were significantly higher than the engineer's Opinion of Probable Cost; therefore, the scope of work was reevaluated for value engineering. On September 30, 2019, staff requested proposals on this project using a revised scope of work from all contractors currently under contract with the County under Agreement #14-6213. On this second round of seeking bids, three of the six vendors submitted proposals, which staff opened on October 15, 2019. The bids received are summarized below. VENDOR BASE BID BID ALTERNATE #1 TOTAL Quality Enterprises USA., Inc $597,104.32 $85,618.38 $682,722.70 Haskins, Inc. $699,795.00 $103,735 $803,530.00 D.N. Higgins, Inc. $892,008.00 $129,786.00 $1,021,794.00 Kyle Construction, Inc. No response No response No response Mitchell & Stark Constr., Inc. No response No response No response SW Utility Systems, Inc. I No response I No response No response Staff determined that Quality Enterprises is the lowest, responsive and responsible bidder, and recommends awarding a Work Order to Quality Enterprises for the requested services. In accordance with the attached Work Order, the work will cover a period of one -hundred eighty days (180) from the date of issuance of a Notice to Proceed. Due to the value of the project, the underlying contract requires the issuance of the attached Payment and Performance Bonds prior to project commencement. Subject to the Board's approval, the Staff will issue the Notice to Proceed to commence services. Packet Pg. 2160 16.F.7 11/12/2019 FISCAL IMPACT: Sufficient budget exists in Capital Fund 322. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To authorize a Work Order under Agreement No. 14-6213, "Underground Utility Contractors," for Pelican Bay Lake 2-9 Restoration to Quality Enterprises in the amount of $682,722.70 and authorize the Chairman to sign the attached Work Order. Prepared by: Lisa Jacob, Project Manager, Pelican Bay Services Division ATTACHMENT(S) 1. Work Order 14-6213 (PDF) 2. Bid Tab Results - 14-6213 Pelican Bay Lake 2-9 Restoration (Revised Scope) -10-16-19 (PDF) 3. Engineer's Award Letter Quality Enterprises Lake 2-9 Restoration 10-15-19 (PDF) 4. QE Lake 2-9 Payment and Performance Bonds 11-5-19 (PDF) 5. Lake -2-9 - OPC Revised -Vinyl Wall -09-30-19 (PDF) 6. QE -Quote -Lake -2 -9 -Restoration -Revised -Scope -10-15-19 (PDF) 7. Higgins -Quote -Pelican Bay Lake 2-9 Restoration -10-15-19 (PDF) 8. Haskins -Quote -Lake 2-9-10-15-19 (PDF) 9. 14-6213Quality_Contract 20191015204510.515 X (PDF) 10. 14-6213 Quality Enterprises 2 of 2-2 Yr Renewals (PDF) 11. 14-6213Quality_C#1_Amend#1_20191015204442.563 X (PDF) 12. 14-6213Quality_Amend#2_20191016134205.165 X (PDF) 13. RFQ-Pelican-Bay-Lake-2-9-Bank-Restoration-9-30-19 (PDF) 14. Lake 2-9 Bid Tab 09-30-2019 (PDF) 15. Pelican Bay_LAKE 2-9 Plans - signed Sep 30 2019 (flat) (PDF) 16. (2019-09-30)19-658 Lake 2-9 Restoration - Retaining Wall -SS Flat (PDF) Packet Pg. 2161 16.F.7 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.7 Doc ID: 10558 Item Summary: Recommendation to authorize a Work Order under Agreement No. 14-6213, "Utility Contractors," for Pelican Bay Lake 2-9 Restoration to Quality Enterprises USA, Inc., in the amount of $682,722.70. Meeting Date: 11/12/2019 Prepared by: Title: Project Manager, Associate — Pelican Bay Services Name: Lisa Jacob 10/30/2019 1:26 PM Submitted by: Title: Project Manager, Associate — Pelican Bay Services Name: Lisa Jacob 10/30/2019 1:26 PM Approved By: Review: Procurement Services Procurement Services Procurement Services County Manager's Office County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Opal Vann Level 1 Purchasing Gatekeeper Catherine Bigelow Additional Reviewer Evelyn Colon Additional Reviewer Sean Callahan Executive Director - Corp Bus Ops Scott Teach Level 2 Attorney Review Valerie Fleming Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Susan Usher Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 11/01/2019 12:57 PM Completed 11/05/2019 3:04 PM Completed 11/05/2019 3:46 PM Completed 11/05/20194:55 PM Completed 11/06/2019 10:00 AM Completed 11/06/2019 10:01 AM Completed 11/06/2019 11:38 AM Completed 11/06/2019 11:38 AM Completed 11/06/2019 12:59 PM 11/12/2019 9:00 AM Packet Pg. 2162 WORK ORDER/PURCHASE ORDER Contract 14-6213 "Utility Contractors" Contract Expiration Date: July 7, 2020 This Work Order is for Utility Contractor services for work known as: Project Name: Restoration of Lake 2-9 Project No: 51026.1 1 6.F.7.a The work is specified in the proposal dated October 15, 2019 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 Paving & Grading * Task II Miscellaneous Items * Task III Bid Alternate — Additional Wall Length & Rip Rap Schedule of Work: Complete work within 180 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 46-3758 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): ®Negotiated 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 $454,742.32 NLS Task II $142,362.00 NLS Task III $ 85,618.38 NLS TOTAL FEE $682,722.70 PREPARED BY: /' " Mary M Cau�Op�rat idns Analyst APPROVED BY: Lisa Jacob, Projekhdnager Date // Date a Pagel of 2 Packet Pg. 2163 1 6.F.7.a By the signature below, the Finn (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. Lout -s Gaudio, Vice President ATTEST CRYSTAL K. KINZEL, CLERK BY: /o A, //9 Date BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN William L. McDaniel, Jr., Chairman Approved as to form and legality r M r N tD Scott R. Teach, Deputy County Attorney T L L O r E v Y a Page 2 of 2 Packet Pg. 2164 1 6.F.7.a Co er Courity Pelican Bay Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "UTILITY CONTRACTORS" Date: 09/30/2019 From: Lisa Jacob, Project Manager 239-438-5239, Telephone Number 239-597-4502, Fax Number Lisa.Jacob(a)-colliercountyfl.gov To: All Awarded Vendors on Contract #14-6213 - Utility Contractors Subject: Pelican Bay Lake 2-9 Restoration (Re -Quote with Revised Scope of Work) The Pelican Bay Services Division (PBSD) is soliciting quotes for the referenced project. RFQ Due Date: Tues, October 15, 2019 at 3:00 PM Number of Days to Substantial Completion: 120 days from date of NTP Number of Das to Final Completion: 180 days from date of NTP Tasks and Specs: Attached "Pelican Bay Lake 2-9 Restoration Specifications" Your quotation response for this project is due 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 PBSD 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 Title Cl) Louis J. Gaudio 10/15/19 N Print Name Date �D r i L 0 1 L O r d E v a Pelican Bay Services Division 1801 Laurel Oak Drive, Suite 3021 Naples, Florida 34108 1 Tel. 239-597-1749 Fax 239-5974502 Packet Pg. 2165 1 6.F.7.a Cl) T- 04 N tD r L O Y L O r-+ C d E t v R a Packet Pg. 2166 v Z W nom.m m o <-- G)XG) ��am 3`� Qo 0ia r,Zj f�00zOcu�°mmmr d �n R °�-•m m n�xm 'r 2�CD ^Q'"� v�D o CD CD <033 ow ED ns �mvi O CD O d a O N N 6. 6 ID Z a O 0 f7a Q w x c^p C m a) < CDCo � n m yto < ry [?CDF a ad(D �O7po3 7 7 G N M. 0 7 n O y N X11 a' O 8 CD CD 3 (D N O O CO C d N n C d d 3 Gf 7 N CD (D O CD O G) O N Q 0 jCONN N CYTOt N W N Nj Co 00 G W r-0WCDr. v� cn -n -n -n -n < C C G7 v► rig en tti to <n v+ to �» 4A J W N N W N O Co OOI Co V V J O (D O N' ... O OONN O NDDJ V N 00 OO(DOO Co AO D7 (T O(DODDO C) (M W O til Efl 69 *a 69 iA 69 fA {fl {fl 69 ffl V W O W W Un V A J W A A T tD CO N S-0 N m 0 m (ONN O A V Co m CD ON O 00 AA BOO J-+ O 0 O 0 G 0 O 0 O 0 N Gi O O J N W d) J (D O O 1 6.F.7.a Cl) T- 04 N tD r L O Y L O r-+ C d E t v R a Packet Pg. 2166 From: JacobLisa To: Lou Gaudio; Marcie Cohen (mcohen(a)aeusa.com); Kyle Abraham (kvleconstinc(abaol.com); Ryan MacPhee (rmacohee(Ihaskinsinc.net); boennerCalmitchellstark.com; officestaff(alswutilitv.net; Dan Hiaains Subject: Bid Tab Results - 14-6213 Pelican Bay lake 2-9 Restoration (Revised Scope) Date: Wednesday, October 16, 2019 8:49:00 AM Good morning everyone and thanks for quoting this project. Here are the bid tab summary results. Pelican Bay Lake 2-9 Restoration (Revised Scope) Quotes Collier County Contract #14-6213 "Utility Contractors" As Quality Enterprises is the lowest responsive bidder, we intend to award this job to Quality Enterprises. Respectfully, Lisa Jacob, MSM, CSM Project Manager CAor C014Hty Pelican Bay Services Division NOTE: Email Address Has Changed Lisa.Jacob@colliercounf fv I.aov 801 Laurel Oak Drive, Suite 302, Naples, Florida 34108 Phone: 239.597.1749 Cell: 239.438.5239 Fax: 239.597.4502 How are we doing? The Pelican Bay Services Division wants to hear from you! Please take our online SURVEY We appreciate yourfeedback! 16.F.7.b Packet Pg. 2167 Quality Enterprises Haskins Higgins Kyle Mitchell & Stark SW utility Primary Bid $ 597,104.32 $ 699,795.00 $892,008.00 No response No response No response Bid Alternate #1 $ 85,618.38 $ 103,735.00 129,786.00 No response No response No response Total $ 682,722.70 $ 803,530.00 $1,021,794.00 No response No response No response As Quality Enterprises is the lowest responsive bidder, we intend to award this job to Quality Enterprises. Respectfully, Lisa Jacob, MSM, CSM Project Manager CAor C014Hty Pelican Bay Services Division NOTE: Email Address Has Changed Lisa.Jacob@colliercounf fv I.aov 801 Laurel Oak Drive, Suite 302, Naples, Florida 34108 Phone: 239.597.1749 Cell: 239.438.5239 Fax: 239.597.4502 How are we doing? The Pelican Bay Services Division wants to hear from you! Please take our online SURVEY We appreciate yourfeedback! 16.F.7.b Packet Pg. 2167 NONEIs 0 0 GNOLI ■■■■■` 1010101010�BARBER & 1010:::: -BRUNDAGE, INC. Certificate of Authorization Numbers EB 3664 • LB 3664 • LC26000620 October 15, 2019 Via email to Lisa. Jacob@ colliercountyfl.gov Lisa Jacob, Project Manager Collier County Pelican Bay Services Division 801 Laurel Oak Drive, Suite 302 Naples, FL 34108 1 6.F.7.c 7400 Trail Blvd., Suite 200 Naples, FL 34108 PH: (239) 597-3111 L www.ABBINC.com ;; Re: Award Recommendation Pelican Bay Lake 2-9 Restoration (Revised Scope) Collier County Contract #14-6213 "Utility Contractors" Dear Ms. Jacob: We are in receipt of the bid tabulation prepared by Collier County Pelican Bay Services Division dated October 15, 2019 regarding the above construction project bid. The apparent low bidder, as verified by the spreadsheet, is Quality Enterprises USA, Inc. of Naples, Florida. The bid appears to be complete and consistent with the intent of the technical specifications and was approximately 6% above the Engineer's Opinion of Probable Cost. Quality Enterprises USA, Inc. is a qualified firm to conduct the requested work and has conducted work for the County in the past. We recommend that Quality Enterprises USA, Inc. be awarded the contract for the Pelican Bay Lake 2-9 Restoration project. Should there be any questions, please feel free to contact our office. Sincerely, AGNOLI, BARBER & BRUNDAGE, INC. ames A. Carr, P.E. Senior Vice President & Project Engineer JAC/drr KA2017\17-0016-2-9 Pelican Bay Lake 2-9\Correspondences\Documents\Construction Documents\Bid Results\Awerd Letter.docx Packet Pg. 2168 EXHIBIT A PUBLIC PAYMENT BOND Bond No. 9336109 Contract No. 14-6213 16.F.7.d 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, Schamburg, IL 60196 Business Address) are held and firmly bound to Collier County Board of County Commissioners g ix Hundred Eighty Two Thousand Seven Hundred (� 682 722.70 ) for the payment whereof as Oblige In the sum Of T a �yTu . n�ua.� ,mann 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 1st day of November 2019, with Oblige for Pelican Bav Lake 2-9 Restoration drawings and specifications, Contract. in accordance with which contract is incorporated by reference and made a part hereof, and is referred to as the 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 1St day of November , 2019 , the name of under -signed representative, pursuant to authority of its governing body. Signed., sealed and delivered in the nreseK@ of: as Ik v),_ Jitnesses as* Principal Margarita egron STATE OF Florida COUNTY OF Cn1 I er PRINCIPAL: Quality Enterprises USA, Inc. By: Name: Louis J. Gaudio Its: Vice President The foregoing instrument was acknowledged before me this lst of November 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. My Commission Expires: 2/11/22 =ate P�;'' • MARCIE L. COHEN MY COMMISSION N GG 152066 EXPIRES: February 11, 2022 ,•:�'Op ri °'' Banded Thru No[Qry Public Underwriters (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: GG 152066 Page -12- Packet Pg. 2169 ATTEST: Witness as to Surety Witnesses Devon C. Heath STATE OF Virginia City6r OF Virginia Beach SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Fidel' nd s mpany of Maryland I As Attorney in Fa t aniel J. (Attach Power of Att rney) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) Daniel J. Grygo (Printed Name) 1-847-605-6000 (Telephone Number) 16.F.7.d The foregoing instrument was acknowledged before me this 1st day of November 20 19 , by Daniel J. Grygo 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�� (Signature of Nota y) (AFFIX OFFICIAL SEAL) TERRI K STRAWHAND Notary Public Commonwealth of Virginia Reg. # 247448 My Commission Expires 9/30/2022 Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of Virginia Commission No.: 247448 Page -13- Packet Pg. 2170 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. 9336109 Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. 16.F.7.d 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 Collier County Board of County Commissioners , as Oblige in the sum of Six Hundred Eighty Two Thousand Seven Hundred Twenty Two Dollars and 701100 ($ 6821722.70 ) for the payment ..whereof we bond ourselves, our executors, personal representatives, successors and assigns, jointly and severally, heirs, WHEREAS, Principal has entered into a contract dated as of the 1St day of November 2019 with Oblige for Pelican Bay Lake 2-9 Restoration 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. nl Page -14- Packet Pg. 2171 16.F.7.d 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 fled by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 1st day of November , 2019 , 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 A: sa Witnesses•ds toIncipal Margarita Neg on STATE OF Florida COUNTY OF Collier PRINCIPAL: Quality Enterprises USA, Inc. By: Name: Louis J. Gaudio Its: Vice President The foregoing instrument was acknowledged before me this 1qt-_ day of Nn.amhar 201 9 ,by Louis J. Gaudio ,asyi P Pracir7ant Of Quality Enterprises USA, Inc. a Virginia corporation, on behalf of the corporation. He/She is personallyknown to me OR has produced N/A - Known as identification and did (did not) take an oath.. M 1 22 MARCIE L. COHEN .o . "" .' MY COMMISSION # GG 152066 EXPIRES: February 11, 2022 >r••. Bonded Thru No Public Underwriters —? - (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: GG 152066 Page -15- Packet Pg. 2172 ATTEST: Witness as to Surety Witnesses Devon C. Heath STATE OF Virginia City 990VOM OF Virginia Beach SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Fideli n e s t ompany of Maryland As Attorney in Fact Daniel go (Attach Power of Attorney) 1299 Zurich Way Schaumburg. IL 60196 (Business Address) Daniel J. Grygo (Printed Name) 1-847-605-6000 (Telephone Number) The foregoing instrument was acknowledged before me this 1St day of November '2019 by Daniel J. Grygo 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 JN'v�L� (Signature of Notary) (AFFIX OFFICIAL SEAL) TERRI K STRAWHAND Notary" Public Commonwealth of Virginia Reg. # 247448 My Commission Expires 9/30/2022 Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of Virginia Commission No.: 247448 Page -16- 16.F.7.d r -. r� Packet Pg. 2173 16.F.7.d Bond Number 9336109 Obligee 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, 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 Daniel J. Grygo , its true and lawful agent and Attomey-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 19th day of June, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �rysb «.. SEAL By: Robert D. Murray Vice President 04 - n 5 By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 19th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, 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 Oficial Seal the day and year first above written. Packet Pg. 2174 Constance A. Dunn, Notary Public ��` My Commission Expires: July 9, 2023 'rrnu�` % Packet Pg. 2174 16.F.7.d 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 attomey-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. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 1 st day of November 2019 �r�'��°�v'6� SEAL..r.. R .... i A Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(cD,zurichna.com 800-626-4577 Packet Pg. 2175 0 0 0 0 Ln O O O O O O W 0 0 0 0 Ln O O cti N I, I� O l0 N N O O O l0 W I� VI n O O O O O O O Ln O V O Ln M N _ O N Vf N M Vf ci M m N 7 Vl M Ql W M 3 R M I, Vf N N M N N N N V to O N to O O to c N O ti c m CD CD U In F 7 � to to to 4 Z U � ci ci o Q VT t4 t4 V'? t4 t4 V/ L4 L4 V/ AA to to to to t4 Z O O O O� O O M V1 O O O O O O yO O O I, �--� m �--� V1 N O W O 0c ^j O O O O � O O O u'1 O0 if1 U O (n Y W ., m c a 0 H b0 Q) c v (a u N a N In M N c L m r C tf� to to to to v} to to to to to to to to to c Y F r- Q Z O cr-= c Q ~ w LLI Z J}}} VI VI u LL J LL J Q W LL J LL VI VI J (A J Z to J N J N J N J Q (7 L m O_ .� m m a O_ LL 0 m O- ?� 0 v O v u N u O ML c o j a) 0 3 uvLi m up= x m 0 n n O a L a u v v n F M W N l0 > = Q LL xt (N O O H Z � p N M N N N (N O Q V V CO N � Q 7 � C'J O u v 3 O (7 O v 0 L CL a) c r`b } Z Z 0 ' (L o a U v ai v U Y O 6 M LU w w Oc — O N to c a c O 0 O N E N = ly L C O T u V O a b0 y �- al N O N N i N m L Q al > m -0 txo N > 1n a+ m x O (0 , � N LL u c Z u mo N m F o72 46 0 Q ar u m Cl C > b0 •O u c v c v c 0 L -p m -p u •O E O O V 3° L a) �i v_ v O '-' 1LOY v u v E U) i a..' o E c C O- (D m al fa In - u C t6 a u fO c c CO z L E i .c a E LL O c u ai Y a ?� O m c0 y O u a n v c O u v 0 N O u x =cL u c . 0 (7 NO c m c U Ln m OO �N O6 w n i c 1a (7 K l7 = F Ln > C Q rr l,<O Z . 0'6'60 o v, 0000 OM n W tN D LM b0 m �o n a O O F Q 3 y to O to O to O to O to to N O ti m m CD CD U 7 � to to to Z U � ci ci Z Q O Z O CL � a (n Y W M. c 0 H b0 Q) c v (a u N a N In M N c L m r C m _ N LL u 'O W x N c Y F r- Q Z O cr-= c Q Y m 0 L w LLI LL u > v v v Q O Yj Q (7 L m O_ .� m m a O_ LL 0 m O- ?� 0 v O v u N u O ML c o j a) 0 3 uvLi m up= x m 0 n n O a L a u v v n J U (7 > = Q LL xt Z Mp cofter County Pelican Bay Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "UTILITY CONTRACTORS" Date: 09/30/2019 From: Lisa Jacob, Project Manager 239-438-5239, Telephone Number 239-597-4502, Fax Number Lisa. Jacob(a)-coIlie rcou ntyfl.gov To: All Awarded Vendors on Contract #14-6213 - Utility Contractors Subject: Pelican Bay Lake 2-9 Restoration (Re -Quote with Revised Scope of Work) The Pelican Bay Services Division (PBSD) is soliciting quotes for the referenced project. RFQ Due Date: Tues, October 15, 2019 at 3:00 PM Number of Das to Substantial Completion: 120 days from date of NTP Number of Das to Final Completion: 180 days from date of NTP Tasks and Specs: Attached "Pelican Bay Lake 2-9 Restoration Specifications" Your quotation response for this project is due 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 PBSD 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 Telephon 4:ftw c -Number ice President Title Louis J. Gaudio 10/15/19 Print Name Date 16.F.7.f Q Pelican Bay Services Division 1 801 Laurel Oak Drive, Suite 302 1 Naples, Florida 34108 1 Tel. 239-597-1749 Fax 239-597-450 Packet Pg. 2177 T N N J p R � m 3 C S R v h CL 16.F.7.f Q Packet Pg. 2178 O OI 0 C0 Lt)NON N O LO 00000 00000 N O 1-- C) , N N 6) O O =Qd O r r LO � V O LO CC!Cl! -... '. Cl) N 0) O (D V d�r-d' Cl) r-- r O CO MO Cl) n - O 0 Co CD 'd• CO CO 0 O 0 LO 0 0 O 0 V 0 CO 0 O 0 O -.N r�r- CoN CO NNOOO - - - O t• 0 00 N N S` i�J(n (nUJ J W JCnJJ MONLO LO 0O O Z`r ON C'7N N rN C4 O?r V V' CO N 7 U 3 0 a> C7 `o a> 0 L R N � f>U j Cn C6 C (6 ❑ a� m } U N O N U U Co ❑ Q O Cl N w Of,U o 3 US W; N N CA U c O —Cx U OO O C C w O O U) N U) O N IO OHo E N CF' C to C) a) N O ex N N .e U O r _> C6 xo iu N atS j N O U C rn fU 3 -C7 o Cc CL N Cp U = C/i N Lr N?� O U N N L O U Cn @ M O U E N O> ..: y > > m C U CO E E N C CoCl P7 CI 0 U 0� Co -6 i m -C: r- 0 a) CoCl a L ..0.. l0 U CoCL' C O N N .0 -! :D ❑ N 0 O 06 Z0� o E LL'o of 7 N 7 c ._ O C6 r l6 •L — Vr r N C`) LO to p- 00 CD C) Z_; CL 16.F.7.f Q Packet Pg. 2178 16.F.7.g Co ev County Pelican Bay Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "UTILITY CONTRACTORS" Date: 09/30/2019 From: Lisa Jacob, Project Manager 239-438-5239, Telephone Number 239-597-4502, Fax Number Lisa. Jacob(aD-colliercountyfl.gov To: All Awarded Vendors on Contract #14-6213 — Utility Contractors Subject: Pelican Bay Lake 2-9 Restoration (Re -Quote with Revised Scope of Work) The Pelican Bay Services Division (PBSD) is soliciting quotes for the referenced project. RFQ Due Date: Tues, October 15, 2019 at 3:00 PM Number of Days to Substantial Completion: 120 days from date of NTP Number of Days to Final Completion: 180 days from date of NTP Tasks and Specs: Attached "Pelican Bay Lake 2-9 Restoration Specifications" Your quotation response for this project is due 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 PBSD 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. Douglas N. Higgins, Inc. Firm's Complete Legal Name 239-774- 0 / 2392 4266 Telepho-q0r ax mbD Title Michael Print Name Pelican Bay Services Division 1801 Laurel Oak Drive, Suite 3021 Naples, Flodda 341081 Tel. 239-597-1749 Fax 239-597-4502 Packet Pg. 2179 16.F.7.g w Co Ln LO O Q Packet Pg. 2180 ,y0000 0 0 0 0 0 Oo 0 O OOOOO O O O O JO Q C) C) N I -Lo oa000 O V 000 O Cfl (D Ih Ch O N O O tl' O O O O O M M M N r M I•- r N N In D N H)fA E! -?Hi V -JE W, 6p, EH 64 ffl y� 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 O 0 O 0 O FC)oui U) C) do r LO CD O It (D CD 00 CD O O N O O O O U O o 00 LO ,O F, r Z b9 ER fA ER fA � w W, W, H3 fii JJ j-iCo U)UJ J W J(n I" M0)N tom O ZrrpNChN N NMO r64 Q V V O N D Ci C) (v 0 a) C7 `o a) 0 a) a) c Co 'Ca D CL a Co U N z O �p P: �, 4U) E CL D a) a U u o 3 WCO) N O C E O in C�0 O m E c CO 4N 0 N N a) > m m a) a rn -O O U O r > CO j J �-CCL X m�otS U O U a) O N Cp 3 o 0 0 o C O N (n a) 3 „ L U = Co m m U) c O (D E C a) a) O Y>> > > > U U E E (cl O(D [h r C j CO O OnL m c L a 0 U a) s _ a) -o a) m U OL CO a) a) N O C U 06 Zo D o.Q LL E O .n 7 a) �I—>U>-c5-mi_U Q 7 C E .- O C6 - U LZ ' ` O - p (7�C� 0 (' W r (N CO V' CO CO r- W C7) O r Z � Q a 16.F.7.g w Co Ln LO O Q Packet Pg. 2180 aapun aapap )IaoM a aziaoy;ne o; uoi;epuawwooaN : 85500 6L -5L -OL -6-Z 8Me-j-9;ont)-suVJseH :;uawLj3e;;d T co T N en d d Y v a 6 0 0 0 0 0 0 00000 te. 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(n U) U J H H H H O Lo CO Q Q c @ 0- 76 m U Z w Z � i O,8 O U d m a a n 3 o Cl) O W ZM U N U C 9 7 � C . @ (D Q @ w Y @ N U) Q- -0 @ U O to c o o � Q U t rn X U a) 0 3 N C 0— C 'E L) U= O m° @ — 0a) — 3 — U @ 3 co c R0 -r- U @ m 2p -2 E > > o) C -O -COD a Ur` M C '0 — U OU U) @ 3 CO cn 'a Q S LL C .N O 0_ @ Q W' -O a) N Co O cn a) oo (n Q -0C O 2i N d '(p 2 O W Xt w Of O> C O U a to Z W W N M V O H W— N M V a~ _N L) '2 m T co T N en d d Y v a 16.F.7.i I A G R E E M E N T 14-6213 for Underground Utility Contractors THIS AGREEMENT is made and entered into this 9_1! day of J , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political dubdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Quality Enterprises USA, Inc., as a authorized to do business in the State of Florida, whose business address is 3894 Mannix Drive, Ste 216, Naples Florida 34114 (hereinafter referred to as the "Contractor"). WITNESSETH: COMMENCEMENT: The Contract shall be for a period of twenty-four (24) months. The contract shall be for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that date, or until such time as all outstanding Work Orders/Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. This contract shall have two (2) additional, two (2) year renewals. 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 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 not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete Underground Utility services on an as -needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #14-6213 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. All Contractors awarded within the two (2) categories (Field/Underground Utilities & Plant/Facility Utilities) are required to perform within the on call rotation. The Department of Procurement Services and the Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call week" it shall be the responsibility of the Contractor to arrange an exchange of weeks. This Contract is divided into two (2) categories, Field/Underground Utilities and Plant/Facility Utilities Category Contractors Mitchell & Stark Construction Co., Inc. Field(Underground Douglas N. Higgins Inc. Utilities Quality Enterprises USA, Inc. Kyle Construction, Inc. Haskins, Inc. Southwest Utility Systems, Inc. Page -1- Packet Pg. 2182 16.F.7.i Category Contractors Mitchell & Stark Construction Co., Inc. Douglas N. Higgins Inc. Plant/Facility Utilities Quality Enterprises USA, Inc. Haskins, Inc. Procedures — Non Emergency Work The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of $50,000 (or current County bidding threshold) or less is outlined below: 1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a relatively even distribution of work. Completion time and the collection of liquidated damages may be specified in the Quotation. 2. Contractor shall respond with the information and/or proposal sought within seven (7) business days, or as specified in the Summary of Work. 3. Issuance by Owner of a numbered Work Order/Purchase Order. (The Work Order number is the same as the Purchase Order number.) Procedures for projects with a value of $50,000 to $200,000 are as follows: 1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of liquidated damages may be specified in the Quotation. 2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Request for Quotation. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order/Purchase Order. Procedures for projects with a value of $200,000 to $750,000 are as follows: 1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. 2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Request for Quotation. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order/Purchase Order; Board of County Commissioners approval is required. 3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1) Contractor designated for a one (1) week period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded a contract as a result of RFP #14-6213. The annual schedule will be developed at a meeting of all selected Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3) months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this contract, this Contract may be subject to termination. Page -2- '1 Packet Pg. 2183 M 16.F.7.i THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its M budget(s). N 5. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Quality Enterprises USA, Inc. 3894 Mannix Drive, Ste 216 Naples, Florida 34114 Phone; (239) 435-7200 Fax: (239) 435-7202 Attn: Louis J. Gaudio, V.P. laaudiofte-usa.corn All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 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 Service Agreement must be in writing. 6. 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. 7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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. 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 u objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. 20 Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the a Page -3- 7 Packet Pg. 2184 16.F.7.i 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 M County. N 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor 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. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner 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 12 will survive the expiration or earlier termination of this Agreement until it is Page -4- Packet Pg. 2185 16.F.7.i determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. BONDS: A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration, the Contractor(s) may be required to provide Payment and Performance Bonds. 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 "A". 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, 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. 14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish 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 "B" 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 "C". 15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list 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 Contractor under this Agreement or any other agreement 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. 16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. 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, u sequences, and procedures as well as coordination of all portions of the Work under the Contract r Documents, and the coordination of Owner's supplies and contractors. a Page -5-r) Packet Pg. 2186 C 16.F.7.i 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, M 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 4 to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of U the Work from any cause whatever, including those for which Owner may be responsible, in whole or r in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional ro- compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no L 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 S. - be 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. en 18. 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 Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" 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. 19. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with 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 (including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. 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 and ready for occupancy by Owner. 21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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 Owner. 22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Page -6- vJ Packet Pg. 2187 Contractor further warrants to Owner that all materials and equipment furnished Documents shall be applied, installed, connected, erected, used, cleaned 16.F.7.i under the Contract 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 Owner. 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 Owner is entitled as a matter of law. 23. 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. 24. 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 Owner 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 Owner. 25. 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 Owner or Owner'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 Worts or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. 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. Page -7- Packet Pg. 2188 27 16.F.7.i 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. Within a reasonable time thereafter, Owner and Contractor shall M make an inspection of the Work (or designated portion thereof) to determine the status of completion. If N Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative punch list of items (if applicable) to be completed or corrected by Contractor before final payment. 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 punch list. 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, the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) 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. 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. 28. 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. 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. 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 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 notice of acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek 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. Page -8- Packet Pg. 2189 16.F.7.i 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 M the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Public Utilities Division. 30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6213, any addenda, any Quotation/Work Order/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations/Work Order/Purchase Order. 31. 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 contract held by the individual and/or firm for cause. 32. 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. 33. 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. No markup shall be applied to sales tax. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. 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. 35. 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. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37. 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. 38. SECURITY: If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. Page -9- Packet Pg. 2190 16.F.7.i 39. 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. 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. 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 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 Department Safety Manager and/or Safety Engineer. Page -10- Packet Pg. 2191 16.F.7.i IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk'of Courts By-�� Dated_, �+ Seal Attest alb .Cham�tan'' signature OnlY. t First Wit- s BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Li f r By: Tom Henning, Chairm Quality Enterprises USA, Inc. Contractor By: Signature Susan J. Schultz Louis J Gaudio, Vice President Print Name and Title Print Name and Title � &Z Second Witness Marcie Cohen Print Name and Title App ved a to m 7 d Legality: ,A&!s stant�ounty Attorney IDert-� Page -11- E Packet Pg. 2192 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 14-6213 16.F.7.i 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. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this of , as of 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) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- 20_, by .a corporation, on Packet Pg. 2193 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 16.F.7.i The foregoing instrument was acknowledged before me this day of 20by , as of , 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -13- �, a Packet Pg. 2194 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No, Contract No. 14-6213 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 executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the with Oblige for day of 16.F.7.i ourselves, our heirs, 20_, 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- �f Cr-•' Packet Pg. 2195 16.F.7.i 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 : Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this day of 201, by , as of a corporation, on behalf of He/She is personally known to me OR has produced as did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- the corporation. identification and Packet Pg. 2196 ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 , by , as of 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: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 16.F.7.i Packet Pg. 2197 16.F.7.i EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) 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 $ paid, ("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 (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, have been fully satisfied and paid. (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. BY: ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of 20 , by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced _ identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) as NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -17- n Packet Pg. 2198 16.F.7.i EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 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, 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) Page -18- `may' Packet Pg. 2199 (County Project Manager) Bid No. 14-6213 (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: (Project 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, 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) Page -18- `may' Packet Pg. 2199 EXHIBIT D CHANGE ORDER CHANGE ORDER NO. TO: Name of Contact: Company Name: Company Address DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 120 CONTRACT NO. 14-6213 BCC Date: Agenda Item: 16.F.7.i You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit FOR THE (Additive) (Deductive) Sum of: $_($_); write out in words. Original Agreement Amount $ Sum of Previous Changes $ This Change Order add or deduct $ Present Agreement Amount The time for completion shall be increased or decreased by calendar days due to this Change Order. Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Prepared by: name, Project Manager department name Date: Approved By: Date: name, Design Professional (may not apply) firm name Accepted by: Approved by: Approved by: firm -principal's signature, name & title firm name Department Director, Department Division Administrator, Division Page -19- Date: Date: Date: Packet Pg. 2200 I 16.F.7.i I 7 ® MlDD1YYYY) (M orrQ CERTIFICATE OF LIABILITY INSURANCE „ DATE D2/2014 ATE IM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsement(s). PRODUCER Central Park Avenue )1340 nia Beach VA 23462 INSURED Quality Enterprises USA Inc & Quality Environment Co. 3894 Mannix Drive Suite 216 RA RB COVERAGES CERTIFICATE NUMBER: 627343872 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER POLICY EFF MMMONYYY POLICY EXP MMIDDIYYYY LIMITS C GENERAL LIABILITY T137Z91449711034 71112014 7iV2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAGE TO PREMI E EaRENTED occurrencel $300,000 CLAIMS -MADE 1XI OCCUR MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000000 GENERAL AGGREGATE $2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 $ JECT POLICY PRO LOC D AUTOMOBILE LIABILITY ASJZ91449711014 71112014 N1112015 I Ea a.,d.t$1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS PROPERTY DAMAGE Per accident $ X NON -OWNED HIRED AUTOSX AUTOS $ X Camp $1000 X Coll $1,000 E UMBRELLA LIAII X OCCUR AUC017426600 71112014 1112015 ErACHOCCURRENCE 55,000,000 AGGREGATE $5,000,000 X EXCESS LIAB CLAIMS -MADE DED X RETENTION $0 $ B WORKERS COMPENSATION WCEZ91449711024 71112014 71V2015 X YJC STATLIMU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED' ❑ (Mandatory In NH) NIA E -L DISEASE - EA EMPLOYEE $1,000,000 0 yes, describe under OE5CRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $1,000,000 A Pollution Llabiliry renewal ofOP0025895025 1112014 1112015 1,000,000 each claim 1,000,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: For Any and all County projects Collier County Commissioners are included as additional Insureds under the General Liability policy as respects to work performed by the insured, as required by written contract. CERTIFICATE HOLDER CANCELLATION Board of County Commissioners of Collier County, Florida 3327 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. RIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD r ur O r to O 04 to O CD T_ O N I V t13 r c 0 U I .r 3 CY M 04 t0 r c ro E t U M a+ a+ a Packet Pg. 2201 3/05/18 Mr. Larry Benjamin Quality Enterprises USA, Inc. 3894 Mannix Drive, Ste #216 Naples, FL 34114 Email: Lbenjamin@Qeusa.com RE: Contract Renewal for # 14-6213 "Underground Utility Contractors" Dear Mr. Benjamin: Collier County would like to renew the above contract under the same terms and conditions for an additional two (2) year period in accordance with the renewal clause in the contract. If you are agreeable please indicate your intentions by providing the information requested below and executing the acceptance section: X I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. I am not agreeable to the renewal of this contract. By executing the section below, this contract will be in effect from 07/08/18 until 07/07/20. Company Name Quality Enterprises USA, Inc. Company Signature Print Name Louis J. Gaudio, Vice President Signature Date 1 3/19/18 Proal nerrf . 5 Tamiard Trail East+ Naples, Florida 34112-4901. www,colliergov.net/procurementserVices Packet Pg. 2202 Page 2 of 2 RE: Contract Renewal for # 14-6213 "Underground Utility Contractors" Contact Name I Louis J. Gaudio, Vice President Telephone 239-435-7200 Number FAX Number 219-415-7202 Email Address I LGAUDIO@QEUSA. COM **** Mailing Address: 3494 Shearwater Street Naples, FL 34117-8414 Collier County Procurement Services is pleased to announce, it has partnered with BidSync to kide Free web ased Bidding services to its vendors, suppliers and contractors. Register today at www.bidsync.com. For Registration Assistance, please contact BidSync customer service at 800-990-9339 Or email: supporta bidsync.com Please return this letter to the Procurement Services Division with your response no later than 3/12/18. You may email your response to: email renewals(a)colliergov.net. If you have any questions you may contact me at 239-252-8407. Respectfully, sa n d ra h e rre ra @Co Digitally signed by visandraberrera@colliergov.net liergov.net j- Dai 18.03.511:13:45- 5-00' .net Date2018.03.0511:13:45 -05'00' Sandra Herrera Procurement Contract Manager - Procurement Services Division C: Pam Libby, PUD Packet Pg. 2203 Purchasing Department Change Modification Form ❑ Work Order Modification 1 6.F.7.k Contract M 14-6213 Change M 1, Amend #1 PO/Work Order M N/A Project Name: Underground Utility Current BCC Approved Amount N/A N/A Contractors Project #: N/A Project Manager: Swain Department: PUPPMD Contractor/Firm Name: Quality Dollar Amount of this Change Hall #VALUE! Enter rises USA Original Contract/Work Order Amount N/A 7/8/14; 16C10 Original BCC Approval Date; Agenda Item # Current BCC Approved Amount N/A N/A Last BCC Approval Date; Agenda Item # Current Contract/Work Order Amount N/A N/A SAP Contract Expiration Date (Master) Dollar Amount of this Change N/A #VALUE! Total Change from Original Amount Revised Contract/Work Order Total $ 0.001 #VALUE! Change from Current BCC Approved Amount Cumulative Changes #VALUE! #VALUE! Change from Current Amount Completion Date, Description of the Task(s) Change, and Rationale for the Change Original completion date: N/A Last approved completion date: N/A Revised completion date (includes this ❑ Design Professional I ❑ Regulatory Agency (specify): change): N/A Number of days added: 0 Each step on the contract modification checklist form has been reviewed prior to me submitting for approval SPH (this box must be initialed by Project Manager) ❑ Add new task(s) ❑ Change task(s) 76elete task(s) ® Other (specify): 1. Provide a detailed and specific explanation of the requested change(s) to the task(s) and/or the additional days added: Markup for subcontractors was not included in the original contractor's agreement. 2. Provide detailed rationale for the requested change: The contractor will now be providing material and specialty equipment for emergency and non -emergency work and will require markup on these items. 3. Provide explanation why change was not anticipated in original scope of work: A subcontractor markup was not anticipated because the contractor's proposal included a markup but only on the material provided by the contractor. 4. Describe the impact if this change is not processed: The County would not be able to fully compensate the contractor for services rendered. Type of Change / Modification ❑ 1. Planned / Elective I ❑ 2. Unforeseen conditions/circumstance ❑ 3. Quantity or price adjustment F� 4. Correction of error(s) I n 5. Value added n 6. Schedule adiustment Change Requested By ❑ Contractor/Consultant ® Owner I ❑ using Department ❑ Design Professional I ❑ Regulatory Agency (specify): ❑ Other (specify): Purchasing Professional Participated in Negotiation of Change / Modification: ® Yes ❑ No Approved by: Date: Name and Title: Swain Hall Procurement Strategist Reviewed by: Date: a� / Procurement: Sandra Herrera, Manager, Procurement Services Revised: 7/26/13 Packet Pg. 2204 EXHIBIT A-1 Contract Amendment # 1 to Contract #14-6213 "Underground Utility Contractors" This amendment, dated A [ . 2014 to the referenced agreement shall be by and between the parties to the original Agreement, Quality Enterprises USA, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract #14-6213 - "Underground Utility Contractors" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the Contract, retroactive from the date of Board approval, by amending Section 4, The Contract Sum, with the following language: Note: Language deleted has been str-uek thr-ou . New language has been underlined. I***] The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the contractor in his response to a specific Request for Quotation. The Contractor will be compensated for time and material work including material and specialty equipment markup, either for emergency or non -emergency work in accordance with the rate sheet attached hereto as Exhibit Al -A and is hereby incorporated by reference Markup for subcontractors shall not exceed ten percent (10%). Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 1***1 All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s) indicated below. Contractor First Witness: Susan J. chultz Print Name Contractor Second Witness: By: qxg64 aj6- -- Marcie Cohen Print Name Approved as to Form and Legality: iA Assistant Co tyAtto ey Accepted: (-)c-+, 6.0-A- (. 2014 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B 1/ ZL, oa a Marki icz Director of Procurement Services CONTRACTOR: Quality Enterprises USA, Inc. Louis J. Gaudio, Vice President Print Name and Title 16.F.7.k Packet Pg. 2205 EXHIBIT Al -A Amendment # 1 to Contract #14-6213 "Underground Utility Contractors" QUALITY ENTERPRISES USA, INC. Hourly Rates for Personnel and Equipment for Emergency Work 20% MARK UP ON MATERIAL 10% MARK UP ON SUBCONTRACTORS 411111'1"`IMAMVW�� If work is performed other than Monday through Friday, 8:00am - 4:30 pm, excluding holidays, all rates will incresase by 30%Theae rates also apply for travel time necessary to mobilize and demobilize to and from work. 30 CAO Packet Pg. 2206 ST HOURLY RATS OT HOURLY RATE Personnel PE_�ect Manager $94.00 $122,20 Superintendent $74.00 $96.20 Foreman $68.00 $88.40 Mechanic & Equipment Operator $6100 $81.90 1 Laborer $47.00 $6110 Administrative $53.00 $68.90 KEAUJ:P�Ment with Qperatgjr Excavator - 450 $150.00 $195,00 Excavator - 20 metric tons $121.00 $157,30 Excavator - 7.5 metric tons $90.00 $117.00 Backhoe $79,00 $102.70 Wheel Loader - 2,5 cubic and $90.00 $1117.00 Wheel Loader - 4 cubic yard $110.00 $143.00 Bull Dozer - 8 metric tons $100.00 $130.00 Dump Truck - tandem axle $79.00 $102.70 Dump Truck -tri- axle $84.00 $109,20 Roll -Off Container Truck $89.00 $115.70 Lowboy Trailer $100,00 $130.00 Water Truck or Traitor $100.00 $130.00 Motor Grader $115.00 $149.50 VibraLoa Roller $100.00 $130.00 Asphalt Roller $100,00 $130.00 Asphalt Paver $225.00 $29150 Telehandier $100,00 $130.00 Broom Tractor $79.00 $10210 Tap Machine -small (3/4" -3") each to $368.00 $478.40 Tap Machine - large (4* - 12') each to $788,00 $1,024.40 Milling Machine $578.00 $751.40 Eguipment (without Ogerator) Truck with Hand Tools $47.00 $6110 Jobsite Trailer (rate perdayl $126.00 $163.80 Small Equipment without Qperator) Air Compressor with Hammer $32.00 $41.60 Trench Box 16'x 10' (rate porday) $220.00 $286.00 Steel (Road) Plates (rate eer Y!y) $210.00 $27100 Well pint System (rate per d2y) $599,00 W810 6" Hy0raulic Pump (rate per day) $599.00 $778,70 12* Hydraulic Pump (rate per day) $798,00 $1,037,40 3" Trash Pump $26.00 $3180 2' Submersible Pump $26.00 $33,80 Concrete Saw (rate per ft) $3.00 $3.90 Cut Off Saw (rate per day) $89.00 $115.70 Light Set (rate per da)9 $210.00 $273.00 Material, Limerock Base (per CY) $20.00 #57 Stone per CY) $25,00 Bahia Sod per Pallet) $110.00 Flofatam Sod (per Pallet) $140.00 g1her Diesel Fuel (per Gallon) $4.25 MOT $750.00 20% MARK UP ON MATERIAL 10% MARK UP ON SUBCONTRACTORS 411111'1"`IMAMVW�� If work is performed other than Monday through Friday, 8:00am - 4:30 pm, excluding holidays, all rates will incresase by 30%Theae rates also apply for travel time necessary to mobilize and demobilize to and from work. 30 CAO Packet Pg. 2206 EXHIBIT A-1 Contract Amendment # 2 to Contract #14-6213 "Underground Utility Contractors" This amendment, dated b , 2016 to the referenced agreement shall be by and between the parties to the original Agr ement, Quality Enterprises USA, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract #14-6213 - "Underground Utility Contractors" In order to continue the services provided for in the original Agreement document referenced above, the Contractor agrees to amend the Agreement as stated below. This Amendment shall be retroactive to the original date the Board approved the Agreement. Change # 1: Section 4 THE CONTRACT SUM, is hereby amended as follows: 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation and the price methodologies as defined in Section 4.1. The Contractor will be compensated for time and material work, including material and specialty equipment markup, either for emergency or non -emergency work, in accordance with the rate sheet attached hereto as Exhibit Al -A and is hereby incorporated by reference. Markup for subcontractors shall not exceed ten percent (10%). Exhibit Al -A is only applicable to time and material projects 4.1 Price Methodology: Lump Sum (Fixed Price): a firm fixed total price offering for aproject; 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 mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likelychange. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project 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 required). All other terms and conditions of the agreement shall remain in force. Page 2 of 2 Note: Language deleted has been stnaek through. New language has been underlined. 16.F.7.1 �n Packet Pg. 2207 IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s) indicated below. Contractor First Witness: Larry Benjamin Print Name Contractor Second Witness: Marcie Cohen Print Name ppr I as t rm ond Legality: AssistapA County Attorney bppV-� Accepted: �� i , 2016 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: oanne rkiewicz/ DireeW, Procurement Servi�6! 1 CKe�NI • ; Quality prise USA, Inc. By: Howa d J. Murrell President Print Name and Title Page 2 of 2 Note: Language deleted has been str-uek th,,,.0 . New language has been underlined. 16.F.7.1 C? , Packet Pg. 2208 CiOTMeY County Pelican Bay Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "UTILITY CONTRACTORS" Date: 09/30/2019 From: Lisa Jacob, Project Manager 239-438-5239, Telephone Number 239-597-4502, Fax Number Lisa. JacobC�colIiercountyfl.gov To: All Awarded Vendors on Contract #14-6213 — Utility Contractors Subject: Pelican Bay Lake 2-9 Restoration (Re -Quote with Revised Scope of Work) The Pelican Bay Services Division (PBSD) is soliciting quotes for the referenced project. RFQ Due Date: Tues, October 15, 2019 at 3:00 PM Number of Days to Substantial Completion: 120 days from date of NTP Number of Days to Final Completion: 180 days from date of NTP Tasks and Specs: Attached "Pelican Bay Lake 2-9 Restoration Specifications" Your quotation response for this project is due 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 PBSD 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. Firm's Complete Legal Name Telephone Number/ Fax Number Signature Title Print Name Date r a 771 Pelican Bay Services Division 1 801 Laurel Oak Drive, Suite 302 1 Naples, Florida 34108 1 Tel. 239-597-1749 Fax 239-597-45 Packet Pg. 2209 PELICAN BAY LAKE 2-9 RESTORATION SPECIFICATIONS Project Summary: The main purpose of this project is to remediate erosion and sedimentation of Pelican Bay Lake 2-9 (St. Maarten and St. Thomas Village Association) located at 6101 and 6151 Pelican Bay Blvd and at the south side of The Commons, 6251 Pelican Bay Blvd. The work includes clearing and grubbing, site grading, several methods of bank stabilization (e.g., riprap with geotextile underlayment and Geoweb with gravel infill), construction of a "seawall" using vinyl sheet piling, and landscape replacement as indicated in the attached engineering and structural plans. Scope of Service: BASE BID — Provide Time and Materials pricing for items 1 - 15 in the attached bid tabulation schedule. The quote will be awarded to the responsive quoter with the lowest line 16 total. BID ALTERNATE #1 — Provide Time and Materials pricing for items 1-4. Attachments: Pelican Bay Lake 2-9 Bid Tab 9/30/2019 in Excel and PDF formats Pelican Bay Lake 2-9 Restoration Plans Signed 9/30/20 19prepared by Agnoli, Barber & Brundage, Inc Pelican Bay Lake 2-9 Final Structural Plans Signed 9/30/2019 prepared by Liebl & Barrow Structural Engineering Q Page 2 of 2 1 Packet Pg. 2210 C: � � jepunjep 0 ili oM e a jomne m uo|e! puemmo eU:8 goo MZ -OC -60 qej me 6-Z a :IuGtuLj3ellv ] / \ 0 w m 2 � 0 0 E § \5/5/ � \____ \ 0 a B § ƒ \Q (D _< »®o 4)k \k/ kDCD \ 0 o / $�f0 k 06 7@a§ :2 a. 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