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Agenda 11/10/2020 Item #16C 3 (Work Order - Contract #14-6213 - Quality Enterprises USA, Inc.)
16.C.3 11/10/2020 EXECUTIVE SUMMARY Recommendation to approve a work order to Quality Enterprises USA, Inc., in the amount of $241,718.00, under Agreement No. 14-6213, Bid No. 2008-011, RFQ for Air Release Valve Replacement Program -Radio Road Air Release Valves [Project #702401. OBJECTIVE: To reduce the risk of sanitary sewer overflows and improve the reliability and sustainability of the wastewater collection system while remaining in compliance with Florida Department of Environmental Protection agency regulations. CONSIDERATIONS: The proposed scope of work under Project Number 70240, "Collections Operating Technical Support Project" (for this Project No. 70240.1), is consistent with funding in the FY2021 Capital Improvement Project Budget approved by the Board on September 17, 2020. Collier County's wastewater system has more than 1,600 air release valves ("ARVs"). The purpose of the ARVs is to release excess air out of the system to allow for efficient operation. Trapped air inside the force main can cause corrosion, pump failure, flow issues and pressure surges. This project replaces eight below -ground ARVs that are inoperable or not working properly and install them above ground. The project is located along Radio Road between Sherbrook Drive and Manor Boulevard. These improvements will: (1) update the ARVs to meet current Collier County utility standards in a coordinated manner that will not interrupt sewer service, (2) improve the performance and reliability of the wastewater system in the community and (3) provide a safer working environment by removing the ARVs from underground confined spaces. The County distributed Bid No. 2008-011, RFQ 14-6213 ARV REPLACEMENT PROGRAM - Radio Road Air Release Valves, to the six vendors under the County's Fixed -Term Underground Utilities Agreement No. 14-6213. Four (4) vendors submitted quotes to the County by the August 18, 2020 deadline as summarized in the table below. Quality Enterprises USA, Inc. $241,718.00 Douglas N. Higgins, Inc. $311,200.00 Haskins, Inc. $418,400.00 Mitchell & Stark Construction Company, Inc. $478,100.00 The County did not receive a quote from Kyle Construction, Inc. or Southwest Utility Systems, Inc. The project specifications informed bidders that there may be unforeseen conditions associated with the project. The quote amount incorporates an owner -directed project allowance of $20,000.00 for unanticipated costs including but not limited to protective pipe bollards, condition of the underground piping, installation of new ARVs piping and valves, unforeseen connections involving excavation of existing ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalks repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. County staff determined the lowest bid to be fair and reasonable and recommends awarding the project to Quality Enterprises USA, Inc., the lowest responsive and responsible vendor. Quality Enterprises USA, Inc., has a satisfactory performance and warranty record on previous, similar utility -related projects. Packet Pg. 1515 11/10/2020 16.C.3 FISCAL IMPACT: Funding is available in Wastewater Capital Fund (414), Project No. 70240. This is a maintenance project; therefore, operating costs are not expected to change. Payment and Performance Bonds will be obtained prior to issuing a purchase order. The source of funding is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities, and to remain in compliance with all regulatory programs. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: Approve a $241,718.00 work order under Agreement No. 14-6213, Bid No. 2008-11, RFQ for Air Release Valve Replacement Program -Radio Road Air Release Valves, to Quality Enterprises USA, Inc., and authorize the Chairman to sign the attached work order. Prepared by: Lourdes Santiago, Senior Project Manager, Engineering and Project Management Division ATTACHMENT(S) 1. Attachment 1- Project Location (PDF) 2. Attachment 2-Bid Tabulation (PDF) 3. Attachment 3- EPMD bid analysis (PDF) 4. Attachment 4- Work Order (PDF) 5. Attachment 5 - Quality Enterprises USA Inc., Quote (PDF) 6. Attachment 6 - 14-6213 QualityEnterprisesUSAInc_Contract (PDF) 7. Attachment 7- P&PBonds (PDF) Packet Pg. 1516 16.C.3 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doe ID: 13919 Item Summary: Recommendation to approve a work order to Quality Enterprises USA, Inc., in the amount of $241,718.00, under Agreement No. 14-6213, Bid No. 2008-011, RFQ for Air Release Valve Replacement Program -Radio Road Air Release Valves [Project #70240]. Meeting Date: 11/10/2020 Prepared by: Title: — Public Utilities Planning and Project Management Name: Lourdes Santiago 10/15/2020 12:31 PM Submitted by: Title: Division Director - Public Utilities Eng — Public Utilities Planning and Project Management Name: Tom Chmelik 10/15/2020 12:31 PM Approved By: Review: Public Utilities Planning and Project Management Daniel Roman Public Utilities Operations Support Joseph Bellone Additional Reviewer Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Public Utilities Department Dan Rodriguez Additional Reviewer Board of County Commissioners Jim Flanagan Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Public Utilities Planning and Project Management Tom Chmelik Wastewater Beth Johnssen Additional Reviewer Procurement Services Catherine Bigelow Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Ed Finn Additional Reviewer Office of Management and Budget Laura Zautcke Additional Reviewer Additional Reviewer Completed Completed 10/15/2020 12:51 PM Completed 10/15/2020 2:14 PM Completed 10/15/2020 3:47 PM Completed 10/16/2020 12:10 PM Completed 10/19/2020 10:03 AM Additional Reviewer Completed Completed 10/19/2020 5:09 PM Completed 10/20/2020 7:40 AM Completed 10/20/2020 8:11 AM Completed 10/22/2020 10:15 AM Completed 10/23/2020 11:28 AM Completed 10/23/2020 11:31 AM Completed 10/23/2020 2:44 PM Completed 10/27/2020 2:31 PM Completed 10/28/2020 2:38 PM Packet Pg. 1517 16.C.3 11/10/2020 County Manager's Office Board of County Commissioners Sean Callahan Level 4 County Manager Review Mary,lo Brock Meeting Pending Completed 11/03/2020 8:32 AM 11/10/2020 9:00 AM Packet Pg. 1518 u E ?A CTLU134 uL;nS 1p ana ai-., oaast w a .-do upr " J V Ifl slCa!S19ti �' 'SAd„ - .x: 44w GA-19 s �CIH SaaouS-J1101 luieSl "y ' Lli 3 dp_alg12S:adra r - . 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LLJN R' i N 01 Q!' i N 41 N y N •U @ N m w Li o w O ti N M R H Z 0 N d d Y U a 16.C.3.b Cofnr County Administrative Services Department Procurement Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: August 8th, 2020 From: Lourdes Santiago, Project Manager 239-227-4125, Telephone Number Lourdes.SantiagoP-colliercountyfl.gov To: Potential Quoters Subject: RFQ 14-6213 ARV REPLACEMENT PROGRAM — Radio Road Air Release Valves As provided in the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project. RFQ Due Date: Friday, August 18th, 2020 at 3:00 PM Pre -Quote Meeting: N/A Q&A Deadline: Tuesday, August 14th, 2020 at 3:00 PM Number of Days to Final Completion: 150 days to substantial + 30 days final = 180 days total Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $964 per day Payment & Performance Bonds If over $200,000.00 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. 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 Vice President Title Louis J. Gaudio 8/18/20 Print Name Date RFQ 14-6213 Packet Pg. 1521 16.C.3.b Air Release Valve Replacement Program BID SCHEDULE COLLIER COUNTY PUBLIC UTILITIES DIVISION AIR RELEASE VALVES REPLACEMENT PROGRAM Radio Road Air Release Valves Replacement Collier County Project Number 70240.1 BID SCHEDULE ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE NO. Per -Unit Extended REPLACE - Demolish existing Air Release Valves and Vaults, 1 remove the existing saddles, and EA 4 $ 19,747.32 $ 78,989.28 install a new ARV in enclosure in same location (no offset) 1 REPLACE - Demolish existing Air Release Valves and Vaults, 2 remove the existing saddles, and EA 4 $ 33,432.18 $ 133,728.72 Install a new ARV In enclosure In same location (offset from existing force main) 3 Furnish and Install Pipe Bollards EA 16 $ 562.50 $ 9,000.00 'Owner Directed Allowance to cover unanticipated costs including but not 4 limited to relocating ARV, un-located TM 1 20,000 20,000 utilities, fill material, customize connection and additional offsets. TOTAL BID (FIGURES)= $ 241,718.00 Notes: 1. OWNER reserves these funds for OWNER -directed work. There is no guarantee that the CONTARTOR will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: protective pipe bollards, condition of the underground piping, installation of new ARVs piping and valves, unforeseen connections involving excavation of existing ARVs to install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalks repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. , Air Release Valve Replacement Program Phase Page 1 of 32 Packet Pg. 1522 16.C.3.b Co�e-r County Administrative Services Departrr�enl Procurement Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: August 8th, 2020 From: Lourdes Santiago, Project Manager 239-227-4125, Telephone Number Lourdes. Santiago collie rcount 1. q ov To: Potential Quoters Subject: RFQ 14-6213 ARV REPLACEMENT PROGRAM — Radio Road Air Release Valves As provided in the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project. 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. We look forward to your participation in this request for information/quotation process. —Douglas N. Higgins, Inc. Firm's Complete Legal Name 239-774-3130 239-774-4266 Tekuhwe Number,/ Fax NumbBr- nature „ ,. „o, uaie RFQ 14-6213 Packet Pg. 1523 16.C.3.b Air Release Valve Replacement Program BID SCHEDULE COLLIER COUNTY PUBLIC UTILITIES DIVISION AIR RELEASE VALVES REPLACEMENT PROGRAM Radio Road Air Release Valves Replacement Collier County Project Number 70240.1 BID SCHEDULE ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE NO. Per -Unit Extended REPLACE - Demolish existing Air Release Valves and Vaults, 4 �!�� Y # �I�, 1v00 1 1�`f remove the existing saddles, and EA install a new ARV in enclosure in same location (no offset) REPLACE - Demolish existing Air Release Valves and Vaults, 2 remove the existing saddles, and EA 4 39, qOO install a new ARV in enclosure in same location (offset from existing force main 3 Furnish and Install Pipe Bollards EA 16 �, 000 ��,� 000 " ,Owner Directed Allowance to cover unanticipated costs including but not 4 limited to relocating ARV, un-located TM 1 20,000 24,000 utilities, fill material, customize connection and additional offsets. TOTAL BID (FIGURES)= 30. ,asp ' Notes: 1. OWNER reserves these funds for OWNER -directed work. There is no guarantee that the CONTARTOR will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: protective pipe bollards, condition of the underground piping, installation of new ARVs piping and valves, unforeseen connections involving excavation of existing ARVs to install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalks repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. Air Release Valve Replacement Program Phase Page I of 32 Packet Pg. 1524 16.C.3.b r Co Ye-r County Administrative Services Department Procurement Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT ##14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: August 8th, 2020 From: Lourdes Santiago, Project Manager 239-227-4125, Telephone Number Lourdes.Santiaqo@colliercountyfl.gov To: Potential Quoters Subject: RFQ 14-6213 ARV REPLACEMENT PROGRAM — Radio Road Air Release Valves As provided in the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project. RFQ Due Date: Friday, August 18th, 2020 at 3:00 PM Pre -Quote Meeting: N/A Q&A Deadline: Tuesday, August 14th, 2020 at 3:00 PM Number of Days to Final Com letiom 150 days to substantial + 30 days final = 180 days total Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $964 per day Payment & Performance Bonds If over $200,000.00 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. We look forward to your participation in this request for information/quotation process. HASKINS INC. Firm's Complete I egal Name 239-947-1' 46 239-947-3857 I phon MrI Fax Number S�6S' ature Vic President Title Ryan MacPhee 08/18/20 Print Name Date RFQ 14-6213 Packet Pg. 1525 16.C.3.b Air Release Valve Replacement Program BID SCHEDULE COLLIER COUNTY PUBLIC UTILITIES DIVISION AIR RELEASE VALVES REPLACEMENT PROGRAM Radio Road Air Release Valves Replacement Collier County Project Number 70240.1 BID SCHEDULE ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE NO. Per -Unit Extended REPLACE - Demolish existing Air Release Valves and Vaults, 1 remove the existing saddles, and EA 4 $21,000.00 $84,000.00 install a new ARV in enclosure in same location (no offset) REPLACE - Demolish existing Air Release Valves and Vaults, 2 remove the existing saddles, and EA 4 $75,000.00 $300,000.00 install a new ARV in enclosure in same location (offset from existing force main 3 Furnish and Install Pipe Bollards EA 16 $900.00 $14,400.00 'Owner Directed Allowance to cover unanticipated costs including but not 4 limited to relocating ARV, un-located TM 1 20,000 20,000 utilities, fill material, customize connection and additional offsets. TOTAL BID (FIGURES)= $418,400.00 Notes: 1. OWNER reserves these funds for OWNER -directed work. There is no guarantee that the CONTARTOR will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: protective pipe bollards, condition of the underground piping, installation of new ARVs piping and valves, unforeseen connections involving excavation of existing ARVs to install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalks repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. Air Release Valve Replacement Program Phase Page 1 of 32 Packet Pg. 1526 16.C.3.b C der County Administrative Services Department Procurement Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: August 8th, 2020 From: Lourdes Santiago, Project Manager 239-227-4125, Telephone Number Lourdes. Santia o colliercou ntyfl.gov To: Potential Quoters Subject: RFQ 14-6213 ARV REPLACEMENT PROGRAM -- Radio Road Air Release Valves As provided in the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project, RFQ Due Date: Friday, August 18th, 2020 at 3:00 PM Pre -Quote Meeting: N/A Q&A Deadline: Tuesday, August 14th, 2020 at 3:0 -PM Number of Days to Final Completion: 150 days to substantial + 30 days final = 180 days total Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $964 per day Payment & Performance Bonds If over $200,000.00 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. We look forward to your participation in this request for information/quotation pgocess. ,, Fir Complete Legal Telephone r/ F Signature f9m7zT i Title ///y 0/N'o- Pal f1-267 Print Name 1 Date RFQ 14-6213 Packet Pg. 1527 16.C.3.b Air Release Valve Replacement Program BID SCHEDULE COLLIER COUNTY PUBLIC UTILITIES DIVISION AIR RELEASE VALVES REPLACEMENT PROGRAM Radio Road Air Release Valves Replacement Collier County Project Number 70240.1 BID SCHEDULE ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE NO. Per -Unit Extended REPLACE - Demolish existing Air Release Valves and Vaults, 1 remove the existing saddles, and EA 4 install a new ARV in enclosure in 7 15 ow: a� same location (no offset) REPLACE - Demolish existing Air Release Valves and Vaults, 2 remove the existing saddles, and EA 4 `� gW, install a new ARV in enclosure in same location (offset from existing force main 3 Furnish and Install Pipe Bollards EA 16j 'Owner Directed Allowance to cover unanticipated costs including but not 4 limited to relocating ARV, un-located TM 1 20,000 20,000 utilities, fill material, customize connection and additional offsets. TOTAL BID (FIGURES)= 4--9 1067,1O Notes: 1. OWNER reserves these funds for OWNER -directed work. There is no guarantee that the CONTARTOR will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: protective pipe bollards, condition of the underground piping, installation of new ARVs piping and valves, unforeseen connections involving excavation of existing ARVs to install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalks repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. Air Release Valve Replacement Program Phase Page 1 of 32 Packet Pg. 1528 y M U co (SOAIBA OSBOIOb any peOM OipeN : 6MO sisAleue piq QWd3 -£ }uauayOePV :4u8wLl3e}}d vo �w L � t W N li.l 0 > 6 w 06 m L I I I I � I I I I I W I C > I I I � I I I I � I M I I c I I I O w I I O I I I I a (0 I I c 1 � M a r-I N l0 I r-I N O 3 cr L 0 In N 00 w A' O O O O O O O O O O N 0 0 0 0 0 0 0 0 0 0 O� m 0 m N N UST rn N T- rn d r m Y V m a 16.C.3.d WORK ORDER/PURCHASE ORDER Contract 14-6213 "Underground Utility Contractors" Contract Expiration Date: January 3, 2021 Bid#2008-011 This Work Order is for professional underground utility services for work known as: Project Name: Air Release Valves Replacement Program -Radio Road Air Release Valves. Project No: 70240.1 The work is specified in the proposal dated August 18, 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. Scope of Work: As detailed in the attached proposal and the following: * Task I 1. REPLACE -Demolish existing Air Release Valves and Vaults (no offset). * Task I1 2. REPLACE -Demolish existing Air Release Valves and Vaults (offset from existing force main). * Task III Furnish and Install Pipe Bollards * Task IV Allowance - Owner Directed Work 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 # 14-62I3 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 $ 78,989.28 (LS) Task II $ 133,728.72 (LS) Task III $ 9,000,00 (LS) Task 1V $ 20,000.00 (TM) TOTAL FEE $ 241,718.00 Digitally signed by SantiagoLourdeS SantiagoLourdes PREPARED BY: Date: 2020.10.0613:22:38-04'00' Lourdes Santiago, Project Manager Date 10062020 (/Page 1 of 3 Packet Pg. 1530 16.C.3.d Ro m a n Da n i e l Digitally signed by Romanl'0' Date: 2020.10.0614:09:58-040400 APPROVED BY: Daniel Roman, Principal Project Manager Digitally signed by Chrn0lkToM C m e I Tom Date: 2020.10.08 09:06:18-04'00' APPROVED BY: Tom Chmelik, EPM Division Director cpy� Digitally signed byJohnssen_b J o n 5 5 e n Date: 2020.10.08 09:510 5-04'00' APPROVED BY: Beth Johnssen, Inground Services Division Director Digitally signed by Joseph Joseph Bellone Bellone APPROVED BY: _ Date: 2020.10.0914:23:04-04100' Joseph Bellone, Operation Support Director Digitally signed by Joseph Joseph Bellone Bellone APPROVED BY: Date: 2020.10.12 07:40:01-04'00' _^_ �— Dr, George Yilmaz, Department Head Date Date Date Date Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Quality Enterprises USA, Inc. Loaudio, XVice President (Remainder of page intentionally left blank) 10/6/2020 Date Page 2 of 3 Packet Pg. 1531 16.C.3.d 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: Crystal K, Kinzel, Clerk of Courts Dated: (SEAL) First Witness TTypelprint witness nalneT Se and Wit ess TTypelprint witness nalneT Approved as to Form and Legality: Assistant County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 13 Burt L. Saunders, Chairman Quality Enterprises USA, Inc. Signature M / v TTypelprint signature and title Page 3 of 3 Packet Pg. 1532 16.C.3.d cote-7 county Administrative Services Department Procurement Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: August 8th, 2020 From: Lourdes Santiago, Project Manager 239-227-4125, Telephone Number Lourdes. SantiagoCa)colliercountyfl.gov To: Potential Quoters Subject: RFQ 14-6213 ARV REPLACEMENT PROGRAM — Radio Road Air Release Valves As provided In the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project. RFQ Due Date: Friday, August 18th, 2020 at 3:00 PM Pre -Quote Meeting: NIA Q&A Deadline: Tuesday, August 14th, 2020 at 3.00 PM Number of Days to Final Completion: 150 days to substantial + 30 days final = 180 days total Scope Provided Yes Plans and Specs: Yes Li uidated Damages: L $964 per day Payment & Performance Bonds I If over $200,000.00 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. 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 1 239.435-7202 Teie_pbone-N FT"v nber Vice President Title Louis J. Gaudio 8/18/20 Print Name Date RFQ 14-62t3 Packet Pg. 1533 16.C.3.d Air Release Valve Replacement Program BID SCHEDULE COLLIER COUNTY PUBLIC UTILITIES DIVISION AIR RELEASE VALVES REPLACEMENT PROGRAM Radio Road Alr Release Valves Replacement Coiller County Project Number 70240.1 BID SCHEDULE ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE Per -Unit Extended NO, REPLACE - Demolish existing Air Release Valves and Vaults, 1 remove the existing saddles, and EA 4 $ 19,747.32 $ 78,989.28 Install a new ARV In enclosure In same location (no offset) REPLACE - Demolish existing Air Release Valves and Vaults, 2 remove the existing saddles, and EA 4 $ 33,432.18 $ 133,728,72 Install a new ARV In enclosure In same location (offset from existing force main). 3 Furnish and Install Pipe Bollards EA 15 $ 562.50 $ 9,000.00 'Owner Directed Allowance to cover unanticipated costs Including but not 4 limited to relocating ARV, un-located TM 1 20,000 20,000 utilities, fill material, customize connection and additional offsets. TOTAL BID (FIGURES)= $ 241,718.00 Notes., 1. OWNER reserves these funds for OWNER -directed work. There Is no guarantee that the CONTARTOR will receive any portion of these additional funds, Such unforeseen conditions Include but are not limited to: protective pipe bollards, condition of the underground piping, Installation of new ARVs piping and valves, unforeseen connections involving excavation of existing ARVs to Install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalks repairs, unforeseen conditions Involving underground utility conflicts that are either not shown on record drawings, or are shown In the wrong place, , Air Release Valve Replacement Program Phase Page 1 of 32 Packet Pg. 1534 16.C.3.d EXHIBIT A PUBLIC PAYMENT BOND Bond No, 93562AO Contract No, 14-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. , as Principal, and Fidelity and Deposit company of Maryland _ , as Surety, located at_1299 Zurich way, Schaumburg, IL 60196 _�i3us leSS 0dret aw held end firmly bound to Board of County Commissioners, Co er'Uou`nty, FL as Oblige in the sum of rwuurrodd unarea Orly o e housan seven 241,718.00 ) for the payment whereof we bind ourselves, our heirs, ex ce utors, pe song representa ves, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for Air Release Valves Replacement Program - Radio Road Air Release Valves 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 266.0592. 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 12th day of October , 2020 , the name of under -signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Rgari a, egron Witnesses as to Principal Anna Rice STATE OF Florida COUNTY OF Col PRINCIPAL: Quality Enterprises USA, Inc. Ety, Name: Louis J. Gaudio its: Vice President w The foregoing Instrument was acknowledged before me this 12th_ of October 20-M, by Louis J. Gaudio , as Vice President of0iiRlily Fntr�rrpEises,LfSA. Inc., a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced n e- know as Identification and did (did not) take an oath. My Commission Expires: 9/15/2024 (Signature of Notary) (AFFIX OFFICIAL SEAL) ALEXANDRIA N. KLINGSPORN ?o'" Notary Public -State of Florida W. •= Commission N HH 42827 My commission Expires September 15, 2024 Name: Alexandria N. Klin s orn (Legibly Printed) Notary Public, State of Flory Commission No.: Page -12- n -"7fJ,• Packet Pg. 1535 16.C.3.d ATTEST: Witness as to Surety STATE OF Virginia COUNTY OF Virginia Beach SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Q Fidelity and Deposit Company of Maryland i As Attorney in Fact ammy A. Ward (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 12th day of October 20 20 , by Tammy A. Ward as Attorney -in -Fact of Fidelity and Deposit Company of Maryland , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did ot) take an oath, My Commission Expires: September 30, 2022 r (Signature of Not ry) (AFFIX OFFICIAL SEAL) =TERRIHAND licf Virginia 44B res 913012O j Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of Virginia Commission No,: 247448 Page -13- Packet Pg. 1536 16.C.3.d EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. 9356248 Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA. Inc. , as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners Collier County, FL , as Oblige in the sum of Two Hundred Forty One Thousand Seven Hundred Eighteen Dollars and 001100 ($ 241,718.00 _) 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 day of , 20_, with Oblige for Air Release Valves Replacement Program - Radio Road Air Release Valves 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- Packet Pg. 1537 16.C.3.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 filed by Oblige, IN WITNESS WHEREOF, the above parties have executed this instrument this 12th day of october 2020 , 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: grgarlt� egron Witnesses as to Principal Anna Rice STATE OF Florida COUNTY OF Coliier PRINCIPAL: Quality Enterprises USA, Inc. !Y:_ -- Name: Lauis_J__ Gaudin Its: Vine President The foregoing instrument was acknowledged before me this 1 9th day of October 20't 20 , by I ouis .I Gaildin . as Vice President of Quality -Enterprises USA. Inc. , a Virginia corporation, on behalf of the corporation. He/She is personally known to me OR has produced nla- know as identification and did (did not) take an oath, My Commission Expires: (Signature o Notary) Name: Alexandria_IN,Xtingsp ram, (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida _ 1�.,, ALEXANDRIA N. KLINGSPORN Commission No,: HH_42$27 ��': Notary Public -State of Florida = Cummission ff HM 42827 %,GFnI My Commission Expires ��+m" September 16, 2024 Page -15- Packet Pg. 1538 16.C.3.d ATTEST: Witness as to Surety Witnesses Danf J. Grygo STATE OF Virginia COUNTY OF Virginia peach SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Fidelity and Deposit Company of Maryland As Attorney in Fa As Attorney�A,Ward-c� (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 12th day of October 20 20 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 (AFFIX OFFICIAL SEAL) =STRAVWVHA'NDHANDlicf Virginia40es 913011022 jj-� A &�J-4�'l - (Signature of N tary) Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of Virginia Commission No.: 247448 Page -1G- Packet Pg. 1539 16.C.3.d Bond Number 9356248 t)bUgees°au�midaMwu�,c�rr��r��� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL M13N 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 fail force and effect on the date hereai do hereby nominate, constitute, and appoint Terri K. Strawhand 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, Now 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 an 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 dune, A.D. 2019, ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND t)EPOSIT COMPANY OF MARYLAN D By.- Robert D. Murray OM -,Bice President 04— CuvTL f, 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, duty 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 oiileers 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 seats axed to the preceding instrument are the Corporate Seats of said Companies, and that the said Corporate Seals and the signature as such otiicer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY VMBREOF, I have hereunto set my hand and affixed mygfficial Seat the day and year first above written. Constance A. Dunn, Notary Public alit;�`. ►irtlnt O My Commission Expires: July 9, 2023 Packet Pg. 1540 s� 16.C.3.d EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, AttOm IR-_Fact. The Chief Executive Of&cer, the President, or any Executive Vice President or Vice President may, by written Instrument under the attested corporate seas, appoint attorneys -in -fact with authority to execute bonds, policies, reeognizances, 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 WSURANCE 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 AMERIGAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998, 0 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 Attomey...Any such Power or any certificate thereof bearing such U) facsimile signature and seal shall be valid and binding on the Company," a� a� 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 Sth day of Q 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 loth day of May, I99o. fe 0 W 0 RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsinle or mechanically reproduced signature Of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,echa 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. M IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, L this day of m L ,w No. wa d_ O BEAL ly A �� wvw A L 1,k low q r AZ Brian M. Hodges, Vice President aD E �a r TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION a OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: E t Zurich Surety Claims 1299 Zurich Way a Schaumburg, IL 60196-1056 w.re- ortsfcla ur'chna.co 800-626-4577 Packet Pg. 1541 16.C.3.e Cofnr County Administrative Services Department Procurement Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: August 8th, 2020 From: Lourdes Santiago, Project Manager 239-227-4125, Telephone Number Lourdes.SantiagoP-colliercountyfl.gov To: Potential Quoters Subject: RFQ 14-6213 ARV REPLACEMENT PROGRAM — Radio Road Air Release Valves As provided in the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project. RFQ Due Date: Friday, August 18th, 2020 at 3:00 PM Pre -Quote Meeting: N/A Q&A Deadline: Tuesday, August 14th, 2020 at 3:00 PM Number of Days to Final Completion: 150 days to substantial + 30 days final = 180 days total Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $964 per day Payment & Performance Bonds If over $200,000.00 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. 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 Vice President Title Louis J. Gaudio 8/18/20 Print Name Date RFQ 14-6213 Packet Pg. 1542 16.C.3.e Air Release Valve Replacement Program BID SCHEDULE COLLIER COUNTY PUBLIC UTILITIES DIVISION AIR RELEASE VALVES REPLACEMENT PROGRAM Radio Road Air Release Valves Replacement Collier County Project Number 70240.1 BID SCHEDULE ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE NO. Per -Unit Extended REPLACE - Demolish existing Air Release Valves and Vaults, 1 remove the existing saddles, and EA 4 $ 19,747.32 $ 78,989.28 install a new ARV in enclosure in same location (no offset) 1 REPLACE - Demolish existing Air Release Valves and Vaults, 2 remove the existing saddles, and EA 4 $ 33,432.18 $ 133,728.72 Install a new ARV In enclosure In same location (offset from existing force main) 3 Furnish and Install Pipe Bollards EA 16 $ 562.50 $ 9,000.00 'Owner Directed Allowance to cover unanticipated costs including but not 4 limited to relocating ARV, un-located TM 1 20,000 20,000 utilities, fill material, customize connection and additional offsets. TOTAL BID (FIGURES)= $ 241,718.00 Notes: 1. OWNER reserves these funds for OWNER -directed work. There is no guarantee that the CONTARTOR will receive any portion of these additional funds. Such unforeseen conditions include but are not limited to: protective pipe bollards, condition of the underground piping, installation of new ARVs piping and valves, unforeseen connections involving excavation of existing ARVs to install new above ground ARVs, unforeseen conditions involving the proposed ARV demolition and sidewalks repairs, unforeseen conditions involving underground utility conflicts that are either not shown on record drawings, or are shown in the wrong place. , Air Release Valve Replacement Program Phase Page 1 of 32 Packet Pg. 1543 16.C.3.f I A G R E E M E N T 14-6213 for Underground Utility Contractors THIS AGREEMENT is made and entered into this J4-1, day of J , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political ubdivision 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"). N 0 WITNESSETH: L 1. COMMENCEMENT: The Contract shall be for a period of twenty-four (24) months. The contract shall be a for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that o date, or until such time as all outstanding Work Orders/Purchase Orders issued prior to the expiration of w 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. r 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 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. 1544 16.C.3.f 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. 1545 16.C.3.f 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. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 5. NOTICES: All notices required or made pursuant to this Agreement to Contractor shall be made in writing and shall be delivered by hand, by fax, Postal Service Department, first class mail service, postage prepaid, 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. Inaudiofte-usa.com be given by the County to the e-mail, or by the United States addressed to the following 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. L 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 Q whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the Page -3- Packet Pg. 1546 16.C.3.f County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 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. a� 11. INSURANCE: The Contractor shall provide insurance as follows: L a 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 o 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 M 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. 1547 16.C.3.f 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 Q subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. Page -5- Packet Pg. 1548 16.C.3.f B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. L a 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 W itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except o 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. v Page -6- Packet Pg. 1549 16.C.3.f Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from 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 a remove an employee it deems_ careless, incompetent, insubordinate or otherwise objectionable and am whose continued employment on Collier County projects is not in the best interest of the County. 0 0 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, M 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. R Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the 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- T Packet Pg. 1550 16.C.3.f 27. 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 make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons 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. M 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 'A 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 a 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 0 balance found to be due Contractor is due and payable. Final payment shall not become due and o 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. M (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 rnoted 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. 1551 16.C.3.f When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Public Utilities Division. a� 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 aD plans or specifications for any such Quotations/Work Order/Purchase Order. L a 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, o 2004-06, 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 E unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. M 38, SECURITY: If required, Contractor shall be responsible for the costs of providing background checks a 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. 1552 16.C.3.f 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 2 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. W a� Any suit or action brought by either party to this Agreement against the other party relating to or arising a 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 2 a shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety W2 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 c 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. 1553 16.C.3.f 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, Cjerk.of Courts By Dated; Seat Attest ev .Chalmttan"' signature o ii First Wit- s BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 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 Second Witness Marcie Cohen Print Name and Title App vAd a to m 7 d Legality: ,AeEf tant�ounty Attorney IDeru Page -11- Packet Pg. 1554 16.C.3.f EXHIBIT A PUBLIC PAYMENT 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 bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. a� WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for M a� in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the L Contract. a R 0 THE CONDITION OF THIS BOND is that if Principal W 0 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. M 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. 0 The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in c the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may U be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the ca name of under -signed representative, pursuant to authority of its governing body. N m 0 Signed, sealed and delivered Q in the presence of: PRINCIPAL: r c w r Witnesses as to Principal STATE OF _ COUNTY OF 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.: 20J, by ,a corporation, on Page -12- Packet Pg. 1555 ATTEST: SURETY: 16.C.3.f Witness as to Surety Witnesses STATE OF _ COUNTY OF (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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page -13- Packet Pg. 1556 16.C.3.f 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 day of with Oblige for 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- Packet Pg. 1557 16.C.3.f 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.: the corporation. identification and Page -15- Packet Pg. 1558 ATTEST: SURETY: 16.C.3.f Witness as to Surety Witnesses STATE OF _ COUNTY OF (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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: Page -16- If✓i Packet Pg. 1559 16.C.3.f 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 L a (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 W lien or a demand against any payment bond might be filed, have been fully satisfied and paid. o (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, W 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. M r (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.r 0 CONTRACTOR Ui c Q U) BY: v L a ITS: President; c w DATE: WitnessesCU [Corporate Seal] Cy STATE OF COUNTY OF 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- Packet Pg. 1560 16.C.3.f EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (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: DATE: (Contractor's Name) (Signature) (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- 112�, Packet Pg. 1561 EXHIBIT D CHANGE ORDER 16.C.3.f 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: 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: Date: firm -principal's signature, name & title firm name Approved by: Date:. Department Director, Department Approved by: Date: Division Administrator, Division Page -19- (11 Ll Packet Pg. 1562 16.C.3.f ACORE® CERTIFICATE OF LIABILITY INSURANCE OATEIMMIDDlYYYY) 7/2/2014 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 endorsements . PRODUCER 222 Central Park Avenue456-5296 Suite 1340 NAMN E:A TRutherlbordFRutherfoord PHONE FAX - - 0577 arc "O ` - JAAIL ADD INSURERS AFFORDING COVERAGE NAIC lI Virginia Beach VA 23462 INSURERA:ChartmS Specialty insurance Company ?6883 INSURED INSURER B INSURERC Quality Enterprises USA Inc & Quality Environment Co. 3894 Mannix Drive INSURER :Liberty Suite 216 INSURER E:Amer'can Guarantee and Liability In 6247 INSURERF: Naples FL 34114-5406 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 INSURANCEADDLSUBR INSR WVD POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDM'YY LIMITS C GENERAL LIABILITY T137Z91449711034 1112014 71112015 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 &ADVINJURY $1,000000 GENERAL AGGREGATE $2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 $ POLICY PRO LOC D AUTOMOBILE LIABILITY ASJZ91449711014 71112014 1112015 COMBINED SIN-OLE LIMIT Ea accident 1 000 000 BODILY INJURY {Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NON -OWNED X HIRED AUTOS d AUTOS PROPERTY DAMAGE Per aCCitlenl $ $ X Comp $1000 Coll $1,000 E UMBRELLALIAB OCCUR AUC017426600 711=14 /112015 EACHOCCURRENCE $5,000,000 X r AGGREGATE $5,000,D00 EXCESS LIAB CLAIMS -MADE DIED x RETENTION$0 $ B WORKERS COMPENSATION VVCBZ91449711024 71112014 71V20115 X I WC STATU- OTH- AND EMPLOYERS' LIASILITY ANY PROPRIETORIPARTNEMEXECUTIVE —7 E.L EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E-L DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Pollution Liability renewal ofCP0025895025 P112014 11/2015 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. AUTHORIZED DRREPRyESEENTTATIV((jE� 01938-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 1563 16.C.3.f Co 7eY C014 ty Administrative Services Department Procurement Services Division 4/8/20 Louis J. Gaudio, VP Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, FL 34117-8414 Via Email: LGAUDIO(cDQEUSA.COM RE: Extension of Contract for # 14-6213 "Underground Utility Contractors" Dear Mr. Gaudio: The above contract will expire 07/072020. In order to maintain required service levels in the interim, we request an extension of your gntract as provided for in the Collier County Procurement Ordinance until 01/03/A-090 or Lin�t'the new contract is awarded and fully executed, whichever is sooner. The previous contract will be terminated on issuance of the new contract. However, any Purchase Order/Work Order that extends beyond the expiration date of the original contract will survive and remain subject to the terms and conditions of that contract until the completion or termination of the Purchase Order/Work Order. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: X I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. I am not agreeable to extension of this contract. Procurement services DMsion • 3295 Tamiami Trail East - Naples, Florida 34112A901 • www.colliergov.neUprocurementservices Packet Pg. 1564 16.C.3.f Page 2 of 2 RE: Extension of Contract for # 14-6213 "Underground Utility Contractors" Your prompt attention is urgently requested. Please return this letter to the Procurement Services Division by 04/07/2020. You may email your response to: Renewals(a�colliercountyfl.gov. . If you have any questions you may contact 239-252-8407. Regards, Digitally signed by Sandra Sandra Herrera "errera Date: 2020.04.08 10:26:39 -04'00' Sandra Herrera Director - Procurement Services Division Acceptance: Quality Enterprises USA, Inc. Contractor/Vendor By:/ J_ -- Signature Louis J. Gaudio, Vice President Name and Title Date: 418 / 20 C: Pam Libby, PUD Packet Pg. 1565 I 16.C.3.f I ACORN CERTIFICATE OF LIABILITY INSURANCE DATE IN 10/18/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh & McLennan Agency LLC A Marsh & McLennan Agency LLC PHONE FAX 222 Central Park Avenue, Suite 1340 AIc No Ext : 757-456-0577 AIC No), Virginia Beach VA 23462 ADDRESS: certificates@MarshMMA.com INSURED Quality Enterprises USA, Inc. & Quality Environment Company, Inc. 3494 Shearwater Street Naples FL 34117 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Zurich American Insurance Company 16535 INSURERB: Evanston Insurance Company 35378 INSURER C : Phoenix Insurance Company 25623 INSURER D : Travelers Prop & Casualty Co of America 25674 INSURER E: XL SDecialty Insurance COmDanv 37885 COVERAGES CERTIFICATE NUMBER: 1748190232 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y C07N91352A19 7/1/2019 7/1/2020 EACH OCCURRENCE $1,000,000 F_V� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur RENTED nte)$ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY 8107N67219019 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Lx X PIP $ 10,000 aggregate comp Coll D X UMBRELLA LIAB X OCCUR CUP8N00458A 7/1/2019 7/1/2020 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC017931004 7/1/2019 7/1/2020 X PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Pollution Liability MMAENV0001065 7/1/2018 7/1/2020 $1,000,000 each claim $1,000,000 Aggre E Installation Floater UM00030160MA19A 7/1/2019 7/1/2020 $200,000 $2,500 DED DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: For Any and All County projects Board of County Commissioners in Collier County 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 in Collier County 3925 Tamiami Trail East Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IL.C--�� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1566 16.C.3.g October 13, 2020 Lourdes Santiago, E.I. Project Manager Collier County Public Utilities Engineering & Project Management Division 3339 East Tamiami Trail, Suite 303 Naples, FL 34112 RE: Air Release Valves Replacement Program Road Air Release Valves Contract No. 14-6213 Dear Lourdes: Enclose please find the following documents for Contract #14-6213 • 3 Sets of Payment & Performance Bond Forms with a letter from the Surety authorizing Collier County to insert the contract dates Please return a fully executed copy of the contract after the County executes. Thank you for your assistance in this matter. Sincerely, 2 Mar ari g Negron 4500 Holland Office Park, Suite 316 Virginia Beach, VA 23452 (757)548-8000 Fax(757) 548-2600 Packet Pg. 1567 1 Fax (239)435-7202 16.C.3.g Aw HAMPTON ROADS BONDING A Marsh e McLennan Agency LLC Company October 12, 2020 Board of County Commissioners Collier County, Florida 3295 Tamiami Trail East Naples, FL 34112 Hampton Roads Bonding 1080 Laskin Road, Suite 204 Virginia Beach, VA 23451 +1 757 491 1100 Fax +1 757 491 3134 www.hrbonding.com Re: Quality Enterprises USA, Inc. — Bond No. 9356248 Air Release Valves Replacement Program — Radio Road Air Release Valves Contract No. 14-6213 To Whom It May Concern: I, Terri K. Strawhand, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract date on the performance and payment bonds and the power -of - attorney once it has been established by the county. Sincerely �r G Terri K. Strawhand MARSH & MCLENNAN AGENCY I Packet Pg. 1568 EXHIBIT A PUBLIC PAYMENT BOND Bond No, 9356248 Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (Business Address are held and firmly bound to Board of county commissioners, Collier oun y, FL as Oblige in the sum of wo Hundred Forty o e Thousand Seven (� 241,718.00 for the payment whereof we bind ourselves, our heirs, execu ors, persona repen restatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_,, with Oblige for Air Release Valves Replacement Program - Radio Road Air Release Valves 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 12th day of October 2020 , the name of under -signed representative, pursuant to authority of its governing body. Signed, sealed and delivered l the._ repance of: —� Margarita N gron Witnesses as to Principal Anna Rice 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 12th of October 20 2o, by Louis J. Gaudio , as Vice President Of Quality Enterprises USA, Inc., a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced n/a- know as identification and did (did not) take an oath, My Commission Expires: 9/15/2024 (Signature of Notary) (AFFIX OFFICIAL SEAL) pY ALEXANDRIA N. KLINGSPORN :Notary Public -State of Florida QF Commission 9 HH 42827 My Commission Expires September 15, 2024. Name: Alexandria N. Klingsporn (Legibly Printed) Notary Public, State of Florida Commission No.: _HH 42827 Page -12- Packet Pg. 1569 ATTEST: SURETY: 16.C.3.g Witness as to Surety Witnesses Daniel J. go STATE OF Virginia COUNTY OF Virginia Beach (Printed Name) (Business Address) (Authorized Signature) (Printed Name) 0 Fi elity and Deposit Company of Maryland As Attorney in Fact my A. Ward (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 12th day of October 20 20 , 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=1/4 ) take an oath. My Commission Expires: September 30, 2022 (Signature of Nota ) (AFFIX OFFICIAL SEAL) ETERRIRAWHAND Publicth of Virginia 247448 xpires 9/30/2022 Name: Terri K. Strawhand (Legibly Printed) Notary Public, State of Virginia Commission No.: 247448 Page -13- Packet Pg. 1570 16.C.3.g EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No, 9356248 Contract No. 1 T-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. , as Principal, and Fidelity and Deposit Company of Maryland as Surety, located at 1299 Zurich Way, Schaumburg, IL 60196 (Business Address) are held and firmly bound to Board of County Commissioners Collier County, FL as Oblige In the sum of Two Hundred Forty One Thousand Seven Hundred Eighteen Dollars and 00/100 ($ 241,718.00 ) 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 day of 20_ with Oblige for Air Release Valves Replacement Program - Radio Road Air Release Valves 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- Packet Pg. 1571 16.C.3.g 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 12th day of October 2020 , 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 '-YM ('�� �afgarlta N on ��1� ,cam Witnesses as to Principal Anna Rice STATE OF Florida COUNTY OF Collier PRINCIPAL: Quality Enterprises USA, Inc. •• - ' dent The foregoing instrument was acknowledged before me this 1 9th day of October 201(20 , by I nuis .I_ CIjattciio , as vice President of Quality Enterprises USA, Inc. a Virginia corporation, on behalf of the corporation. He/She is personally known to me OR has produced n/a- know as identification and did (did not) take an oath. My Commission Expires: (Signature of otary) Name: Alexandria N. Klingsporn (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida ALEXANDf�IA N. KLINGSPORN Commission No.: HH 42827 p�PPY PVe;�' ;a o;Notary Public -State of Florida *c Commission # HH 42827 i�tf OF F�pPO My Commission Expires September 15, 2024 Page -15- Packet Pg. 1572 ATTEST: SURETY: 16.C.3.g Witness as to Surety STATE OF Virginia COUNTY OF Virginia Beach (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Fidelity and Deposit Company of Maryland AS Attorney In Fact Tammy A. Ward (Attach Power of Attorney) 1299 Zurich Way, Schaumburg, IL 60196 (Business Address) Tammy A. Ward (Printed Name) ( I elephone Number) The foregoing instrument was acknowledged before me this 12th day of October 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 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- Packet Pg. 1573 16.C.3.g Bond Number 9356248 Obli ee ftuddC.� t, g SRMMils911911c�ir c , ri r 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 Terri K. Strawhand 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANNY OF MARYLAND SEAL By: Robert D. Murray �? Vice President ra+� 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 descrbed 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. C&,,Qu ,, GL .1 J Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 Packet Pg. 1574 16.C.3.g EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...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 1 Oth 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 day of Ing rkw Po 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.ret)ortsfclaims(a�zurichna.com 800-6264577 Packet Pg. 1575