#14-6213-137 (WO - Quality Enterprises USA)WORT{ ORDER/PURCHASE ORDER #14-6213-137
Contract 14-6213 "Underground Utility Contractors"
Contract Expiration Date: _ 3 .JHNI�ArtY Loz i
This Work Order is for Construction services for work known as:
Project Name: Lcly Area — Branch 11 Restoration
Project No: 51101
The work is specified in the proposal dated February 21, 2020 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.
Scop of Work: As detailed in the attached proposal and the following:
* Restore section of channel behind Pebble Beach Circle in Old Lely section of Collier County, as
per plans prepared by CDM Smith Inc. To include reshaping of ditch bottom, pipe repair, add rip -
rap, and clear specified vegetation.
Schedule of Work: Complete work within 100 days from the date of the Notice to Proceed which will
be sent after BCC approval of this Work Order. The Consultant agrees that any Work Order that
extends beyond the expiration date of Agreement It 14-6213 will survive and remain subject to the
terms and conditions of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the
Finn 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.
TOTAL FEE $523,550.00
Prepared by; '� •- 0
Shane Cox PE, Sr Project Manager Date
Capital Project Planning, Impact Fees & Program Mgmt Division
APPROVED BY: r �4l Z D
Gerald N Kurtz PE, Principal roject Manager Dat
Capital Project Planning, Impact Fees & Program Mgmt Division
Page 1 of 3
APPROVED BY:
Amy Patterson, DivDirector Date
Capital Project Planning, Impact Fees & Program Mgmt Dwision
C16 - *(� k 6 G 0�4
APPROVED BY:
Thaddeus L. Cohen Date
Department Head
Growth Management Department
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, tilt relevant facts concerning past, present, or
currently plarured interest or activity (financial, contractual, organizational, or otherwise) which relates
to the proposed work; and bear on whether the Firrn 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 Euterprises USA, Inc.
Louis I Gaudio, Vice President Date
(Rwnainderofpage intentionally left blank)
Page Z of 3
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or
agent, have executed this Work Order on the date and year first written below.
ATTEST:
444 Kinzel Clerk of Courts
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A roved as to Fo d egality:
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Y
Burt L. Saunders, Chairman
Quality Enterprises USA, Inc
Contractor
Signature
TType/print signature and titleT
Page 3 of 3
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Date: February 2 1 st, 2020
From: Shane Cox, Sr. Project Manager
239-252-5792
s hane.cox(c�colliercotintyfl .gov
Growth Management Department
Capital Project Planning, Impact Fees & Program
Management Division
To: Potential Quoters
REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT
14-6213 "Underground Utility Contractors"
Selected Vendors:
Mitchell & Stark Construction Co., Inc.
Kyle Construction, Inc.
Douglas N. Higgins Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
Quality Enterprises USA, Inc.
As provided in the referenced contract, the County Division is soliciting
quotes for the referenced project.
Project
RFQ 14-6213-137
LELY AREA BRANCH 11 RESTORATION
RFQ Due Date: Thursday, March 12th, 2020 at 3:00 PM
Q&A Deadline:
Monday, March 9nd, 2020 at 5:00 PM
Number of Days to Final Completion:
Pre -Quote Meeting:
90 days to substantial, 100 days to final completion
No, but uoters are urged to visit worksite
Scope Provided
Yes
Plans and Specs:
Yes
Liquidated Damages:
$1288.00.00 per day
Payment & Performance Bonds
Yes if quote is over $200,000.00
Your quotation response for this project is due electronically to the Email address listed above no later
than the date and time specified above. We will not accept any quotation responses later than the noted
time and date. We look forward to your participation in this request for information/quotation process.
ualitv Enterprises USA, Inc.
Firm's Complete Legal Name
239-435-7200 239-435-7202 _
Telephone Number / Fax Number
Sign ure
President
Title
Louis J. Gaudio 3/12/20
Print Name Date
Capital Projcct Planning, Impact Fees & Program Management Division
2685 S. Horseshoe Drive, Unit 103 • Naples, Florida 34104
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� "Smith
4210 Metro Parkway, Suite 230
Fort Myers, Florida 33916
tel: 239 938-9600
March 30, 2020
Shane Cox, P.E.
Senior Project Manager
Capital Project Planning, Impact Fees & Program Management
Collier County Government
Naples, FL 34112
Subject: Bid Recommendation for RFQ 14-6213-137
Lely Area Branch 11 Restoration
Dear Mr. Cox:
Bids for RFQ 14-6213-137 Lely Area Branch 11 Restoration were received by Collier County under
the County's existing contract 14-6213 "Underground Utility Contractors". Two (2) bids were
received with unit costs for items required for the project. Based on the unit prices that were
submitted, the bid amounts for the contractors that submitted by rank in ascending order, is as
follows:
Rank
Contractor Name
Total Project Amount
1
Quality Enterprises USA, Inc.
$523,550.00
2
Douglas N. Higgins Inc.
$733,850.00
Based on the summary table, the apparent low bidder is Quality Enterprises USA, Inc.
The amount of the apparent low bid is 7% lower than the $564,251.00 engineer's opinion of
probable construction costs previously provided.
Based on our review of the aforesaid information, it is our opinion that the apparent low bidder for
this project is Quality Enterprises USA, Inc. They have been approved by the County for this type of
work under contract 14-6213 and we therefore recommend award of the project to Quality
Enterprises USA, Inc.
Sincerely,
Marc. C. Stonehouse, P.E.
Project Manager
CDM Smith Inc.
WATER + ENVIRONMENT + TRANSPORTATION + ENERGY + FACILITIES
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No, 9346582
Contract No. 14-6213.137
KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. , as Principal, and
Fidelity and Deposit Company of Maryland , as Surety, located at
(Business Address) are held and firmly bound to 1299 Zurich way, Schaumburg. IL 60196
as Oblige in the SUM of Five Hundred Twenty Three Thousand Five ($ 523,550.00 ) for the payment whereof
we bind ourselves, our heirs, ex t'R f�, R tf��4 Ives, successors and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of the , day of 201AKaj with Oblige for _
Lely Area Branch 11 Restoration - Contract Number: 14-6213-137
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 20th day of April 2020 , the
name of under -signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence.of:
C� anus
Witnesses as to Principal
Isa Carreras
STATE OF Florida
COUNTY OF Collier
PRINCIPAL:
Quality Enterprises USA, Inc.
BY- ` '"t - _ -
Name: Louis J. Gaudio
Its: Vice President
The foregoing instrument was acknowledged before me this 20th of April 20 20 , by _Louis J. Gaudio
, as _Vice PrPg1 rlPn OfQua i yEnl grFrfSes a virgicorporation, on
behalf of the corporation. He/she is personally known to me OR has produced __ N/A — rzno��„
as identification and did (did not) take an oath.
My Commission Expires: 2 / 11 / 22
EL
.4ARCIE L. COHEN
h1YO t,IMISSION 4 GG 152ori6
EXP!i:ES: February 1I, 2022
" Bonded Thru Notary Public Underwriters
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name: Marcie L. Cohen
(Legibly Printed)
Notary Public, State of Florida
Commission No.: _cG 152066
Page -12-
ATTEST:
Witness as to Surety
Witnesses Daniel J. Grygo " '
STATE OF Virginia
COUNTY OF Virginia Beach
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR Fidelity and Deposit Company of Maryland
As Attorney in Fact"`.
(Attach Power of Attorney)
1299 Zurich Way
Schaumburg, IL 60196
(Business Address)
Tammy A. Ward
(Printed Name)
(Telephone Number)
The foregoing instrument was acknowledged before me this 20th day of april
2020 , by Tammy A. Ward as Attorney -in -Fact
of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He/She is personally known to me
OR has produced as identification and who did (did not) take an oath.
My Commission Expires: September 30, 2022
(Signature of Nbtary)
Name: Terri K. Strawhand
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Virginia
TERRI K STRAWHAND
Commission No.: 247448
Notary Public
I Commonwealth of Virginia
Reg. # 247448
My Commission Expires 9/30/2022
Page -13- \ �G�
EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No, 9346582
Contract No. 14-62 33 -137
KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc.
, as Principal, and Fidelity and Deposit company of Maryland
as Surety, located at 1299 Zurich way, Schaumburg, IL 60196
(Business Address) are held and firmly bound to collier county Board of
County Commissioners as Oblige in the sum of Five Hundred Twenty Three Thousand Five Hundred Fifty
Dollars and 00/100 ($ 523,550.00 ) for the payment .whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the Ill", day of 20
with Oblige for Lely Area Branch 11 Restoration -Contract Number: 14-6213-137
n
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
Page -14-
This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
I N WITNESS WHEREOF, the above parties have executed this instrument this loth day of April
, 2020 the name of each party being affixed and these presents duly signed by it undersigned
dersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of
Ciara J
Witnesses as to Principal
Isa Carreras
STATE OF Florida
COUNTY OF Collier
PRINCIPAL:
Quality Enterprises USA, Inc.
By: --r--
Name: -Louis J. Gaudin
Its: Vice President
The foregoing instrument was acknowledged before me this 2 th day of Apri i
20; 20 , by Louis J. Gaudio , as Vice President Of 0 rual�j,ty nterprises
USA, Inc. , a Virginia corporation, on behalf of the corporation.
He/She is personally known to me OR has produced N/A — Known as identification and
did (did not) take an oath.
My Commission Expires: 2/11/22
.,amma�.mmssao-assauma. �vr
R;)MMISSION
MMCIE L. COHEN
n GG1520hiIRES: Feb uary 11, 2022 �jThru NoNry Public Underwriters !j(AF— -- --
(Signature of Notary)
Name: Marcie L. Cohen
(Legibly Printed)
Notary Public, State of Florida
Commission No.: GG 152066
Page -15-
ATTEST:
Witness as to Surety
Witnesses Daniel J. Grygb
STATE OF Virginia
COUNTY OF Virginia Beach
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR Fidelity and Deposit Company of Maryland
As Attorney in Fact
(Attach Power of Attorney)
1299 Zurich Way
Schaumburg. IL 60196
(Business Address)
Tammy A. Ward
(Printed Name)
(Telephone Number)
The foregoing instrument was acknowledged before me this loth day of April 2020 by
Tammy A. Ward , as Attorney -in -Fact of Fidelity and Deposit Company of Maryland
Surety, on behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires: September so, zozz ,; �
(Signature of Notary)
Name: Terri K. Strawhand
(AFFIX OFFICIAL SEAL) (Legibly Printed)
Notary Public, State of Virginia
Commission No.: 247448
„ Yx TERM K 3TRAWHAND
i Notary Public
commonwealth of Virginia
Reg. # 247448
My Commission Expires 9/30/2022
Page -16-
J
Bond Number 9346582
Obligee cm_ c
ZURICH AMERICAN INSURANCE COMPANI'
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY" AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
MOW 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. INIurray, 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 Tammy A. Ward its true and lawful agent and Attorney -in -Fact, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2019.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONLAL AMERICAN CASUALTY AND SURETY COMPANY
�j FIDELITY AND DEPOSIT CONIPANY OF MARYLAND
SEAL
BY: Robert D. Afu»-ay
Vice President
'lo?
Bv: Dawn E. Brown
ar
Secretary ;g'��.•%*�;'
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 swom, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
`•.; �t�ut�°�;`?';'
Constance A. Dunn, Notary Public
My Commission Ex ires: July 9, 2023
P
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 attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 20th day of April ,2020
:z cos 7 SEAL
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.reportsfelaims i ,zurichna.com
800-626-4577