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Agenda 07/25/2023 Item #16B 7 (Work Order Quotation for "Goodland Drive Culvert Replacement"
16.B.7 07/25/2023 EXECUTIVE SUMMARY Recommendation to award a Work Order for a Request for Quotation ("RFQ") under Agreement No. 20- 7800, "Goodland Drive Culvert Replacement," to Quality Enterprises USA, Inc., in the amount of $842,418.35, authorize the Chairman to sign the attached Work Order, and authorize the necessary Budget Amendments. (Project Number 50238) OBJECTIVE: To award an RFQ for the "Goodland Drive Culvert Replacement" project to Quality Enterprises USA, Inc., pertaining to the replacement of an existing reinforced concrete pipe crossing underneath Goodland Drive. CONSIDERATIONS: The proposed scope of work under Project No. 50238 - Goodland Drive Culvert Replacement, is consistent with the FY2023 Budget approved by the Board on September 22, 2022. This project consists of replacing the existing stormwater pipe underneath Goodland Drive that acts as a flow equalizer for the existing waterway. On May 18, 2023, staff emailed the RFQ to all vendors under Agreement No. 20-7800, Underground Contractor Services, seeking quotes for the "Goodland Drive Culvert Replacement" construction project, with a response deadline of June 06, 2023. On June 06, 2023, staff reviewed quotes received from two contractors under Agreement No. 20-7800: Quality Enterprises USA, Inc., and Douglas N. Higgins, Inc. The following remaining contractors under the Agreement did not submit quotes: PWC Joint Venture, LLC, Coastal Site Development, LLC, Cougar Contracting, LLC, Haskins, Inc, Kyle Construction, Inc., Mitchel & Stark Construction, Co., Inc., Southwest Utility Services, Inc. Respondents Quote Quality Enterprises USA, Inc. $842,418.35 Douglas N Higgins, Inc. $984,155 PWC Joint Venture, LLC No Quote Coastal Site Development, LLC No Quote Cougar Contracting, LLC No Quote Haskins, Inc. No Quote Kyle Construction, Inc. No Quote Mitchell & Stark Construction, Co., Inc. No Quote Southwest Utility Systems, Inc. No Quote Staff has determined the bid is reasonable based on similar work quoted. Staff concluded that Quality Enterprises USA, Inc., is the lowest responsive and responsible bidder for the "Goodland Drive Culvert" project. Staff has determined the bid is reasonable based on similar work quoted. Quality Enterprises USA, Inc. is a corporation established fifty years ago, has been authorized to transact business in the State of Florida since May 25, 1995, and has performed work on many underground County Public Utilities projects over the last several decades. Agreement No. 20-7800 requires all Work orders issued over the amount of $500,000 be approved by the Board, and that the awarded contractor on projects over $200,000 provide payment and performance bonds prior to the issuance of the Work Order and the commencement of work. Subject to the Board's approval of this item, payment and performance bonds in the quoted amount are attached as backup to this item. FISCAL IMPACT: A budget amendment, in the amount of $842,418.35, is required to transfer funding within Stormwater Capital Fund (3050) from Reserves to Stormwater Culvert Project 50238. Sources of funds are transfers from the General Fund (0001) and Unincorporated Area General Fund (1011). GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards. Packet Pg. 409 16.B.7 07/25/2023 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To award a Work Order for a RFQ under Agreement No. 20-7800, "Goodland Drive Culvert Replacement," to Quality Enterprises USA, Inc., in the total amount of $842,418.35, authorize the Chairman to sign the attached Work Order, and authorize the necessary Budget Amendments. (Project Number 50238) Prepared by: Dayan Hernandez, Project Manager I, Capital Project Planning, Impact Fees, and Program Management Division ATTACHMENT(S) 1. Bid Tab(PDF) 2. WO w Bonds_CAO (PDF) 3.20-7800_Quality Enterprises Contract (PDF) Packet Pg. 410 16.B.7 07/25/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.7 Doc ID: 25999 Item Summary: Recommendation to award Work Order for a Request for Quotation ("RFQ") under Agreement No. 20-7800, "Goodland Drive Culvert Replacement," to Quality Enterprises USA, Inc., in the amount of $842,418.35, authorize the Chairman to sign the attached Work Order, and authorize the necessary Budget Amendments. (Project Number 50238) Meeting Date: 07/25/2023 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Raquel Ovares 07/05/2023 9:19 AM Submitted by: Title: Division Director - Capital Proi Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 07/05/2023 9:19 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Raquel Ovares Capital Project Planning, Impact Fees, and Program Management Mark Zordan Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Growth Management Community Development Department Lisa Taylor Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Procurement Services Catherine Bigelow Additional Reviewer Transportation Management Services Department Jeanne Marcella Department Procurement Services Sue Zimmerman Additional Reviewer Transportation Management Services Department Trinity Scott Procurement Services County Attorney's Office Office of Management and Budget Community & Human Services County Attorney's Office County Manager's Office Sandra Herrera Procurement Director Review Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Maggie Lopez Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Additional Reviewer Completed 07/05/2023 9:21 AM Additional Reviewer Completed 07/05/2023 9:22 AM Completed 07/05/2023 12:59 PM Additional Reviewer Completed 07/05/2023 1:16 PM Additional Reviewer Completed 07/05/2023 3:36 PM Completed 07/06/2023 10:44 AM Transportation Management Services Completed 07/06/2023 10:53 AM Completed 07/17/2023 1:44 PM Transportation Completed 07/17/2023 2:53 PM Completed 07/18/2023 1:18 PM Completed 07/19/2023 8:02 AM Completed 07/19/2023 8:19 AM Completed 07/19/2023 8:31 AM Completed 07/19/2023 1:16 PM Completed 07/19/2023 4:01 PM Packet Pg. 411 16.B.7 07/25/2023 Board of County Commissioners Geoffrey Willig Meeting Pending 07/25/2023 9:00 AM Packet Pg. 412 L Y (juaweoeldeU :pOAjna GAIJa puelpoOO : 6669Z) qel p18 :;u9wy3ejjV O O O O O O O O O O O O O o O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 00 O O 0 p O 0 p 0 O 0 O 0 O 0 O 0 O nn 0 O 0 0 0 0 0 0 0 0 0 r 0 N 0 w0 0 0 0 0 7 0 w 0 0 0 0 0 0 0� 0; 0 O 0 O 0 0 0" 0 7 0 QI O O O O r- Z o0 M M M 7 1, lr r- 00 00 00 O kr O O N O l� M O rR M M 00 al 00 al N W � ID M M OO N �O Cl = \O 7 O N l� l� M N 00 Cl Vt O N Opp C M 01 s9 O� sH aG ao O Fy x z 69 69 s9 s9 69 69 69 69 69 s9 s9 s9 s9 69 s9 s9 69 69 s9 s9 s9 s9 69 s9 69 69 69 Hj p Q V •� W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M O O O M O O O N O O O O O O O O O O O M O O O O O O O 7 O O O Vi O O O N O O M CD O CDO O O O O O Vi O O O O m O O O O O O O 10 N C M M 00 oN 00 oN N 00 C\ Vl v � vs vs vs vs vs �fi �fi �fi s9 s9 s9 s9 sus sus sus sus sus sus sus sus sus sus sus s9 s9 vj y 'Fi O O N_ N O O N_ N O M r-- �/'� O N O N W •--� O O, v� lo O O N O O O 7 M O l� O O lh m O O O, N O 7 0 O h O 7 O O M M 0 O O Wi O M Cl O h r- Ol In oD Vl O� O O O Vl N to O O �O h •--� Cl O O h •--� O O O Vi N O kn M O� oD O O vi O O O O N •--� O O N N W O w1 O W O O Do N M M o O O O O O M oo R W N oo N 7 N N 7 N h O 7 c 7 r kr� r V N M M D ONO Vf ON s9 v •� O F s s s s ds ds v v v v s s s es v es es v v v v v v v sus ds s9 ds W o o 0 o 0 n 0 n 0 n 0 q 0 o 0 n 0 n 0 o 0 o 0 nn 0 o 0 0 0 0 0 n 0 n 0 o 0 o 0 v 0 o 0 v 0 n 0 o 0 o 0 n 0 o •� G .L Ni Ni M r Ni �D M O� �n Cl M lD w w l— lD Cr N w M 0\ 7 0 r- ;- M w -,I- V't r \D � r- Vt \D N O N M O 00 lD lD �n v1 D1 M o0 N 7 l— �' b9 69 69 69 b9 b9 Hi Hi Hi Hi Hi Hi Hi £n £n 'I ' Ji bA sA Vj s9 s9 s9 69 69 69 �n M M ,-" Ol Ol o, n M �--� V'1 N Ol Vl Vl N a1 Vl N O l0 r N N O 00 N O wacq cncn¢cAw +rr >> z> rww a a cn� F c � cn cn w� U U a F• O p F F, U � F � O U z U Z a-, U A W aG w t I^ W NFq �C U z W U F w c W" cn F Ca O cn a >C A H A v w wj w a w cncn a w v a a s F v�5 d x a v 04 a `n z U �a x x F WW¢ 3 p z qzz H w Z w w v U H w U w U a a a .0 H ¢ a O w 43 w pa F U U F CO CD U Z l y Z G7 A a w �^ V] Z w Z A ["i aQ WUW w v A U O a H F-� o U W o va U 0 0 F W ri O W W wW 0 `�wWW`�CC�,, 6 a F aW. 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B.7.c WORK ORDER/PURCHASE ORDER Contract 20-7800 "Undet'ground Contractor Services" Contract Expiration Date: June 21, 2026 This Work Order is for professional underground utility 8crviecs services for work known as: Project Name: Goodland Drive Culvert Replacement Project No: 50238.3.2 The work is specified in tllc proposal dated June 601, 2023 which is attached hereto and madc 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 1_ISA, Inc, Scone of Work: As datailed in the attached proposal and the following: T€]slc I Repair and replace existing RCP with a precast box culvert Task 11 Owners Allowance Schedule of Work: Complete work within 150 days from the date of the Notice In Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 20-7800 will survive and remain subject to the terms and conditions of that Agreement until tllc conlllletion or Lanai nation of this Work Order. Commnsation: to accordance with the Agreement rofet'enced above, the County will compensate the Firm ill accordance accordance with following metllod(s): ®Negotiated Lun113 Sum (NLS) ❑Ltu1115 Sunl Plus Reimbursable Costs (LS+RC) OTime & Material (T&M) (established hourly rate -- Schedule A) ❑ Cost Plus Fixed Fee (CPFF), (define which inothod will be used for which tasks) as provided in the attached proposal. Task 1 $822,4 i 8.35 NLS IJIT Task 11 $20,000.00 N,8 r TOTAL FEE $842,418.35 C•y 11,4 Jl�llra.�u6rr+. i E.Crr� nsJlr.,rl,rn:. *i:l.fh•111'nYRlllt HernandezDayan " iihi•1M1.<n11Cv+P, ✓uCuc,+Aml.l �a,,,,.,..•..,<..«.,ro.<,,.+... PREPARED BY: , .,�� . Pxr, tiu�ll+iii<�M+r.of Dayan Hernandez, Project Manager I Date CPP — Stortnwater Management APPROVED BY: RomanDanlel <M;1n t4;;erwr a:� J.:i•I.:II Ji.sf Daniel Roman, P.E., Supervisor - Project Mgmt. Date CPP — storillwater Management Johl ssen_b Digilally sighed by Johnsseo_U APPROVED BY: Date:202s.o1121 07:113;574100' Beth Johnssen, Division Director Date CPP —Transportation Management Services Page I of 2 Packet Pg. 414 16. B.7.c Digitally signed by Sc,,IT,inily Cott rinityoate:z0za.0s.zg APPROVED BY: 09:04:17-04'00' Trinity Scott, Department Hcad Dalc CPP —Transportation ivfanagmient Scrviccs By the signature below, the Firm (including eniployces, officers andlor agonts) certifies, and hereby discloses, that, to the best of their knowledge and relief, all relevant facts cancerning past, present, or currently platuied interest or activity (Financial, con(ractual, Organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm hats it pntentitsi conflict liave been fully disclosed. Additionally, She Firm agrees to notify the Procurement Director, In writing Within 48 Molars oflearning of any actual or potential conflict of interest that arises (ILWing ille WOPIC Order and/or project duration. ACCEPTED BY: Quality Enterpt'isea USA., Inc. 6/27123 . ho>fls7, Gaudio, Vice President Dane (Remainder cif page inlen locally left blank) Paige 2 of 2 Packet Pg. 415 16.B.7.c IN WJTNESS WHEREOF, the parties hereto, have each, respectively, by un authol'ial d person or ugmt, havc cxecuted this Work Order Oil tilt' (late and year first written below, ATTEST: BOARD OF COUNTY COMMISSIONERS , Clerk of Courts COL,LII;R COUN'FY, FLORIDA By: DII(ed: (S [SAL) By: Rick LoCaslro, Chairman Quality Fntcrprises USA, lnc, First Witness Signature Louis J. Ga ' Ga'uVicdio,_e Preside_ nt_ Marcie Cohen t'rypc/print signature and title) ftyp rint file nwiiei 'Second Witness _Glen S asiak TType/print witness mmuc 1 Appt-oved as to Form and Legality: Assistant County Atloracy Fruit Mille t"Ige 1 o f l r4411 Packet Pg. 416 16.B.7.c HernandexDa an From: Lou Gaudio <Igaudio@geusa.com> Sent: Monday, June 5, 2023 3:03 PM To: HernandezDayan Cc: Marcie Cohen subject: Goodland Box Culvert Proposal Attachments; Contact@geusa.com_20230605_081015.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dayan See attached quote for the Goodland Box Culvert, please confirm receipt and provide quote results at your earliest convenience. Thanks Louis J. Gaudio Vice President c: 239-207-0660 o: 239-435-7200 e; Igaudio@geusa.com 3494 Shearwater Street, Naples, FL 3411.7 NOTICE: Packet Pg. 417 16.B.7.c This email contains information that is legally privileged and confidential. If you have received this message In error, please notify me immediately and delete this message. Any unauthorized disclosure, copying, distribution or other use of this proprietary information Is strictly prohibited. -----Original Message ----- From: QE <Contact@geusa.com> Sent: Monday, June 5, 2023 8:10 AM To: Lou Gaudio <Igaudio@geusa.com> Subject: Scanned from QEUSA Reply to: mcohen@qe-usa.com <mcohen@qe-usa,com> Device Name: QE Device Model: MX-4071 Location: Naples File Format: PDF (Medium) Resolution: 300dpi x 300dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated In the United States and other countries, httpWwww.adobe.com/ e� Packet Pg. 418 16.B.7.c RESPONSE FORM AGREi:I•IENT N0. 20-7800 "UNDERGROUND CONTRACTOR SERVICES" TERLM ENDS: O6/2V2026 1'w Coastal Concrete Prodt1CIS LLC On Coastal Site Develo llneot CougorColitracting, LLC, Qouglas N, Higgins. Inc. Haskins, Inc., Kyle CoElstructintt, file., Mitchell & Stark Construction Company Inc., i'iYC Joint VcEutlle, LLC., Sotltl vest Utility Systems, [tic., Ounlity Enterprises USA. Inc; Contact: Dayan Hernandez, Project Wringer I (ItlVlln 11ef1tElElll(:Lt(�.CUlitel'C011lll)'E1.�uv Direct line: 239,252.5736 / Cell; 239.359,4015 Schedule of Events Project Nante: "Goodlaml. Drive Culvert Re}1[nceillcnt" RFQ Release Date: 5/t8/2023 Pre -Bill Mecting (Nan -Mandatory): 5I24/2023 Pre -Bid Mecting Localion: 560 Coconut Ave, Goodtand, FL 34145 QneStions Due: 6/O3i2023 @.- 3:00 p.m. Onotu.Bue: 6/116/20,3 ((I:3.00Imn. Doommentation Included: Scope or Work, Phllls, Bid SChe(ltlle, Response form Number of Days to Final Conlomon: 150 flays (Substantial 120 clays + 30 Final Completion dnys) Liquidated Damages: NIA Payllient & Pelformanee Bonds: Quotes over ;t200,000 Illterestell contractors simm 1nt In Clle 1(etlne9[ Iol• Vt1UR1II"q I'MAIt "IM DR] OVC LVU1Re 11M c: Juan 1 11— w "J.... ............cr. (do vait. her111u1(lez a1colliel•cum,tN,n, gov) ]ly tite Quote due (imp and time. Film Nome: Quality Enterprises USA, Inc. Quote suitltlissiou Date; 616123 Print Name & Z•tttl:: Louis J. Gaudio, Vice President Fimill: LGAUDIO@QEUSA.COM Direct Lhlc: 239-435-7200 Quote Valid for: 60 Days SIgnattII ��— Cell Phone: 239-207-0660 CAQ Packet Pg. 419 16.B.7.c a - Transportation Management Services Department C:apitat Project t iinnincl, Impact Fees & Progran, Managen}ent DWlsion Email:Dayan.t•lernaridezrrr_cullircwuutvll.s'uv Dircct; 239.25 2,573C ADDENDUM I Dnte: Mny 23, 2023 To: Awarded Contractors 1 Agreement No, 20.7800 "Undet•grOLuld Cunnactor SCIAC,eS" termw Dayun Hernandez, Prniect Mimilber l RE: Cloodland Drive Culverl Rel,lacen,eilt Subject: Bid dootiment modifications Addendum 2 which answers the following question below. _Question Il:t — Cin the following line items be added to [lie bld schedule? Ulearing and Grubbing 2,rree plantings o Answer III — The owner's allowance was supposed to covet' these Items since there Isn't much. I will have to discuss with nay team and see if adding the Individual line Items is worth It, and release a following addendum. Sigel below and rellu•n (lie s,tlsteudniat,rllit the krill's bill suba,ission far (fir ab,n c-t'eterettced quote. Pint Nnina: Quality Enterprises USA, Inc. Date: 5123/23 Louis J. Gaudio, Vice President �:.,r.->—,..,T,..--,—=.�-:-,:_:,,--_--��.._:..,. :_ .- �. ....•>.. ,.,._., lei �-���.�___�,->::-..__....:.-a_._.= .1;s _�.::.�_.:�.�--t—�..,.,__ ,.,... �>;ititib 2685 Flr,r�slu}e Drive 5oulls �I,,i:tf}s, Florida 31 ltLt '1.:1�-25"L•8141'2 ' t'lrx.cnlli=}fre3s�ptytl c3ov Packet Pg. 420 16. B.7.c Transportation NI-anagemenl Services Department Capital Project Planning, Impact Fees K Program Management Division T:utltil:Dayan.Flernsltdez((r �ullicreounttfi.uus I)i rec1: 239-252.5736 ADDENDUNI2 Date: May 31, 2023 To: Awarded Contractors / Agreement No. 20-7800 "Underground Contractor Services" Frotm Dayan Hernandez, Project Manager I RE,, Goodland Drive Culvert Replacement Subject. Bid doCUMent modificatlons Addendum 2 will extend the bld due (late to 06/06/23 and the question due (late to 06/02/23, as well as provide answers to the questions below. o question Ill Can the following line Items be added to the told schedule? ?..Clearing and Grubbing 2,Tree plantings Answer #1— Line item 110-1 and 580-1 has been added to the updated bid tab attached (highlighted In yellow). Question 112 — Since the box culvert Is going to be precast, can you eliminate the Reinforcing steel for the box Culver and just have 1 line item for Box Culvert? a Answer #2 — Line item 0400 4 1 is being rcplticed %vital line item 4104.1 standard precast box culvert. See provided construction plans index 400-292. Additionally, line item 0415 1 1 is being removed. sigh ildlln' llnii k'ow,r, file mmenti11111 4vili, the ( rm,s IVId s11i1 lk1 ion All. 111e nho1,-k'eri'reneetl (11101C. ri-Nnnw! Quality Enterprises USA, inc. Male: 5/31123 2685 Horseshoe Drive SOW11 Maples, Florida $110'1 239-252.8192 vm%v coltietr,)uW1A1 qov Packet Pg. 421 16.B.7.c 1 5ia"' to re: 1 Louis J. Gaudio, Vice President 1 rn M LO N O Q U I C O m 3 I O c d E s V m Q Packet Pg. 422 16.B.7.c Project: GOODLAND DRiV9 CULVERT REPLACUNIENT Project Nn.: 50238.3 Agrecinenh 20,7800 "Underground Utilily Conlrnetors" fS[DSCHEDULE Estimate Canlrnctor; Quality Enterprises USA, Inc. RIB Submisstan Dater 6/5/2023 Iletn Number Ilan Ilescrlptloia UnitF.sllaintcir nnntllles unit Prim Told Price CGV1 PRE -CONSTRUCTION VIDEO CA I S 1,212.00 S 1,212.00 CC-V2 POST -CONSTRUCTION VIDLO CA I S 1,212.00 S 1,212.00 01011 MOBILIZATION LS I S 183,573.50 S 183,573,50 110A CLURINGA?41):0i UII131NG is l $' I2,12.1 30. $ 12,12130 580.1 'rREF;.PLANTINO.(TtOYALPALM.(I5=i8FT) EA 5 S 3,63ss0 S i8,lii2,S(1: 01021 MAINTENANCE OF TRAFFIC L5 E 5 23,659.5015 23,659.50 ROADWAY 8r DRAINAGE 010411 FLOATING TURBIDITY BARRIER LF 134 S 30.00 S 4,020.00 W04 12 STAKED SiLT FENCE, TYPE III LF 360 S 6.50 S 2,340.00 01104 l0 REMOVAL OF EXISTING CONCRETE SEA-WALL REMOVAL)LF 46 S 598.50 S 27,071.00 01205 CHANNEL EXCAVATION DESILTiNG OF .EXISTING CHANNEL Cy 61 S 67.00 $ 4,087.00 01104 l0 SAW -CUT & REMOVAL OF EXISTING ASPHALT SY 79 $ 29.00 S 2,291.00 0295 7 13 PULVERIZED GRANULAR BASE (FDR) - (4") (RECONSTRUCTION) SY 79 S 38,50 S 3,041.50 02857 13 OPTIONAL BASE GROUP 15 BLACK BASE -TYPE B. 12.5 9" SY 79 S 195.00 S 15,405.00 0334 1 53 TYPE SP STRUCTURAL COURSE TRAFFICC) 3") PO76-22 'TN 13.0 S 5,11.00 S 7,033.00 03377 83 FRICTION COURSE FC-12.5 TRAFFIC C 1-112") TN 6.5 S 970.00 S 6,305,00 632770 1 MILLING EXISTING ASPHALT PAVEMENT V AVO DEPTH SY 158.0 S 31,50 S 4,977.00 0337 7 83 FRICTION COURSE FC-12,5 TRAFFIC C 2 1-112" LIFTS TN 26.1 S 348.50 S 9,095.85 01022200 SPECIAL DETOUR- TEMPORARY PAVEMENT SY 195.0 S 75.00 S 14,625.00 0102 7l I5 TEMPORARY BARRMW$l LF 156,0 S 46.00 S 7,176,00 01027125 IRELOCATC TEMPORARY 13ARRIER LF 156,0 $ 7.50 S 1,170.00 0570 1 PERFORMANCE TURF (TEMPORARY SOD) SY 250 S 5.00 S 1,250.00 0570 12 PERFORMANCE TURF, SOD ST AUGUSTWE FLORATAM) SY 8599.0 $ 6.50 S 5s,893,50 0,125 15 01 INLETS, DT BOT,TYPE A, '10' CA 2 S 8,802.50 S 17,605.00 0530 3 -1 RIP -RAP RUBBLE DITCH LININO) SY 60 252.00 S 15,120,00 STRUCTURAL `' STANDARD PRECAST. CULVERTS BOX CULVERT CY 7.4.0E = S' '4,403.b0" . S 325,822,00 1410.4.1 04004 1 CONCRI TECLA5S IV, CULVFRTS IYINGWALLS) Cy 23.0 S 1,730.50 S 39,801,50 0415 1 1 REINFORCING STEEL- ROADWAY WINGWALL LB 2291.00 1 S 9.00 $ 18,329.00 SUI1-TOTAL S 822.418.35 998 OWNERS ALLOWANCE ILITY LANDSCAPE, & IRRIGATION S 20,000.00 TOTAL S 842 418.35 I The opitdons of the Cngineer of probable costs provided herein are based oil Ilia inforilmicat known to the Cousullicat at Ilia little Of ilia estimate prepnnllirnl. Many 01`111e Prices above: are based oil FDOT pubtishod unit costs flat cull be found III the following URL; Intrp:iAwnv.idol,gavlprograinnlnrtogculcndCslinlales/i{istoric ilCost[nfomtntion/ilisloricnlCasl,slilns, plus Ilia Englncces Estimate for ndditional delivery expenses. Tile Engincces signature and seal represents assurance that lids estintnte was prepared in substantial conibmlince with generally accepted ptojccl estimating principles and guidelines and is not a glinraatec that proposals, bids or actual coasiniction costs will vusy front tills opinion of probable costs. littp:11www,foal.govlprogrnlmuimagcnlcnrlEstI males/l llsiorividCostiuromtnlion/His toricalCost.shpn, Idus ilia Engineer's Estimalc for additional del'Ivcry expenses, I'lle Euginccl's signalum and seal rcprescrlrs assurance that Ihis estimate was prepared is substantial conronnall" with generally accepted project estimating principles tad gaidelines and Is not a guarantee that proposals, bids or nctunl construction casts wilt vary From this opinion ofprobable costs. 2 Rcntovnl orexisling Seawnti shall b) to the nearest existing juint adjnetent to rise ptoposed plan wing wall Icrninntioo. Proposed lying walls shall be ndjusted to abut the cxisling seawall where snw•cut. All steel cover to be inn+iniained Per ilia plan specirmitions. RcinGvIll shalt loelude tie midri seawall and cap ton kniilllnllm deplh of two feet below Ilia wltlgiyall 110olcr c1421100011. 3 Joint ivrnpping to be included in the box culverl unit prices, no additional lioc ilea will be proylilcd for this work,. 4 Ifexlsling material does not meet the speclicicntion far pipe I)MIlIg nndlor backhII the comrnctor shall be required to bring in ofTsitc material matching Ill) spceif CntiOtls which 3111111 be inclodcd In the cost of ilia box cldvoil and wing%vnlls. 5 The contractor Is responsible for costs of dowateriug necessary for Ilia rucnns and metliods, and for costs of obtaining any require permits for dewnterial'. 6 Owner's Allowance will be used only lit the Oivoces dircclion to nemaldish work due to uafereseCn conditions and/or as directed by Ilia QwneG (No additional payment Shall be made' for rock excavation, replacement of till or downtering.) 111e1llsi011 Ofilie Allowance as pail of the' Contract Price is 'lot Il gunramec that the Contractor will be paid nay poltiou or the full amount of the Allowance, 7 COmntclur is responsible for tine cl)arial; and grubbing OrilIC Inillitllllnl mclared arelt to Complete the proposed scope of work Ille Cost of wliielk shall be considered inchnled in this bid. No additional lilt) /tern+vile be provided for this work. 8 Unit ptiec to include die cost to coustmel tilt Full section of the tcmpornly nsplialt pad where cxisling pavcalenl does ltol cxisl. Maintenance Or trallle line hank to encoolpase all aspeeis orthe contractors Furnished nuinlctlnacc orlm Dle plan except any title Items detailed above. 9 Conimcior Is responsible for innintahting lru is corurol and lone closures al all tintcs under this line itcni no additional payment will he provided for Ibis work. Contractor shall be responsible for lrrepnring and fauishblg a signed and sealed trali'te control plan prior to ilia commencement of coastru0ion. Q Packet Pg. 423 16.B.7.c 3494 Shem,miter Street Naples, Morlda 3411.7-0414 Telr 239-1135.7200 Irlm 239435-7202 CLU - U A ENTE-RPR16E9 TO: Daniel J. Roman, PE, PMP Collier County Stormwator Managotnont 2606 South Horeoshoe Drive, Sulte 103 Maples, FL 34104 LETTER OF TRANSMITTAL DATE 06110123 JOn No. RE: Goodland Ddve Culvert Replacement Contract No, 20.7000 WE ARE SENDING YOU: Atlaclted tinder sepamlo cover via tbu foiluAll; Items: El 8110Pdrawln&s 0 Trials [] Plaus samples ❑ apecthcotions El Copy of letter n chatrgo order ❑ (-OPrRS nxre Na. DESCRIPTION 2 Payment & Performance Bonds 1 Surety Authorizallon Letter --------- 'I'll ESE ARE TRANSM17'I'BD us checked bdow: El Parapprovsl E] Iror your. use N As requested El 17ar raviety mid eoaltneal For BIDS DUE REMARKS F] Approved as sobmitted [l Approved as anted Retumed for corrections Resubmit copies for approval [] subrutl copies for clislribulton El Rehrrn corrected prints PRrNTS RETt1RNI3D AFF13R LOAN -1.0 (IS Enclosed are two sole of Payment & Performance Bonds for Coodland Drive Culvert Replacement, 020-7800, Tho contraot dates on both the Payment & Performance Bonds have been loft blank for Procuromont to fill In upon Board approval at the Whereas section, The enclosed letter from the Surety authorizes tho County to flit In. .v Please scan a copy of the Pa mant & Performance Bonds with the dates filled in by the County to me as requested above so we can forward to the Surety,__ [:opy'rn: Louis J. Gaudio, Vice President SIGNED: - Marcie Cohon Emoullve Asslstant CAv Packet Pg. 424 16. B.7.c 00 MarshMcLennan Agency June 16, 2023 Board of County Comm issioilers Collier County, Florida 3295 Ttunlaml Trail Fast Naples, FL 34 t 12 HAsbil'TON RoAus BoNOING P Al u• h ._ ... t rruu,w rli,wri r I if t.���r>4'. 1rs Re; Quality Enterprises USA, Inc. --- Bond No. 9433406 Goodlnnd Drive Culvert Replacement Cotitract Number: 20.7800 To Whom It May Concerti; Marsh Mot_ennan Agency 1080 Laskin Road 18We 204 Virginia Beach I VA 23461 T +1 767 401 1100 I F +1 767 013134 W -Av,MaEshMMA.Coll I, Terri K, Strawhand, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract ditto an the performance and payment bonds once cstablished by the county, Sincerely _ uu«(,l Terri K, Strawliand A btisln0as of Marsh McLennan Your future is Ifnittlai " Packet Pg. 4 5 16. B.7.c ❑ this exhibit is not applicable Exhibit C-1 PUBLIC PAYMENT BOND Bond No, 9433406 Contract No. P-0.7800^ KNOW ALL MEN BY THESE PRESENTS: That , quality_Enterprises USA, [tic, , as Principal, and Fidelit and De osit Coimpany of Ma land , as Surety, located at 1299 Zurich way, Schaumb.ura, IL 60196 (Business bound to 170Br4 of galkllty gon,n,Esslawrs golllor gotutlY, Florian as Oblige In the slim of , 1111ndrad 091steco DoWnrs and 161100 ($ 842 418.35 } for (lie payment whereof we bind ourselves, our heirs, executors, porsonai representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the ---Aay of , 20_ with Oblige for Gaodland Drive Culvert Replacement 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 Ol= THIS BOND Is that if Principal; Promptly makes payment to all claimants as defined in Section 266.05(1), Florida Statutes, supplying Prinoipal with labor, materials or supplies, used directly or Indirectly by Principal in the prosecution of the work provided for in (lie contract, then this bone{ 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 surotles' 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 (fled by claimants. IN WITNESS WHEREOF, (lie above parties have executed this Instrument this 16th day of ,lurt© 2423, the name of under -signed representative, pursuant to authority of its governing body. r'te41a r9 of 33 MUM-conirsctor Aymri ftoomonl (2021 var.II Packet Pg. 426 16.B.7.c Sinned, sealed and delivered in the prosenco of: K s# t n Wlt+te, so a to Prirtcip7l SS61tTe Lllgq S'l'A'rr: OF , riol'ld COUNTY O - QoAeL'.. PRIMCIPAf.: Quality Enterprises USA, fttc. _____ By: Nance: 0 Its: -)1ica2#m d-ent—.—_— The foregoing instrument was acknowledged before me by nloams of N physical presence or Cl online notarization, this Mth of Tune 2023.E by ---......Lwna. Galtrll � as _ - V1� —EtQ5j A.of _Q-t-jPMy EokrPllus UsA Jai,-.-., a _VgjnjEj-- .--. — t:orparatlon, on behalf of the corporation. Fielshe is personally known to ine OR has produmd as and dirt (slid not) taker an oath. My CommIsslon Expires: 2/11/26 h��+ r �''�i f41YCpMME8Sl4N Nl•IEi 1065$$ Q< EXPIRES. fobrunry 11, 2020 p ,``' Elartdodlts#utlOiaNPuh+ioUndani�lfers A,r'rEST: Witness as to Surety (Sig(jalufe of Notary Public -Slaty of Florida) mane: Marcie lK n eE (Legibly Printed) Notary PUNIC, Slate of Commission No.: HIS 1g6�6 — SURETY: ted Name) (8usf(108s Address) (ALlth0rizec1 Signatu(0) (Printed Name) OR vattn 20 of J1 P.1u+IE(=PnlF;+rlUf R5'lFEf+S AprucEaEneA (Y021,vnr +j Packet Pg. 7 16. B.7.c maven G. Heath 1 Witnesses Raniet J: GrY06 STATE OF Virginia COUNT!' OF Vir Inia Beac Fide ity and Deposit ComPai'ry of Maryland As Attorney in Fa' c (Aliach Power or` ttorney) 1299 Zurich Way, Schauinhur IL 601943 (Business Address) Tammy A. Ward Attorney -In -tact. (Printed Name) jelsphone Number) 1'lle foregoing instrument was acRnowlodRed before nee by means of H physical presence or 0 online notarization, tills 16thof June 2023, by Tamer A. Ward , as Attorney -In �T 11Eynn o�:,pns�y a Corporation, on bellatf of the corporallon, Fact of �r61ary,.� He/she Is personally known to the OR has produced as Identification and &I (did toot) take an oath. My Commisslont Explres; Septetllher 30, 2026 (Signature of Notary Public -State of Florida) (AFFIX OFFICIAL, SEAL) Nate: Terri K. Strawhand (Legibly Printed) Notary Public, State of Virginia Commission No.: 247440 TERRI H, STRAWHAND NOTARY PUBLIC REG, (1247448 CpMMONWEALTH OF VIRGINIA idly GOhNVtB" $ BRIE R A 20 Yaflo 21 01 S9 fvSulliGvntraatar Award Agroama,41 1202 i_vor. I I Packet Pg. 428 16. B.7.c C] this oxWbit Is not applicable EXFiiBl1' C-7 PUBLIC PERFORMANCE BOND Bond No, 9433406 Contract No, 20-7800 KNOW ALL. MEN BY THESE PRF-8FNTS; That Qualit inter rises USA ina. , as Principal, and PtdaHty attd Duitasit L•ottt tan at Ma land as Surely, Iocaled at 1299 Zurich Way, 5chaurn#lurg, IL 60196 (Business Address) are field and firmly bound to tsoardoroounyootmossimlote Collier Cotintyj Florida as Oblige In the suns of gillit Humiroci Forty Two Thousand Pour Hundrod Elfilitoon Dollars and 3S1100 ($ 842,418.30 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WI-JEREAS, Principal has cantered into a contract detect as of (lie _ day of 20.—, with Oblige for Gooclland Drive Culvert Replacement In accordance with drawlncgs and specifications, which contractor Is incorporated by reference and made a pal hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND Is thal if Principal; 1. Performs the Contract at the limes and In (lie manner prescribed In the Contract, and 2, Pays Oblige any and all losses, damages, costs and attorneys' fees (hat Oblige sustains because of any default by Principal under the Conlr�ct, Including, but not limited to, all delay damages, whether liquidated or actual, Incurred by Oblige; and 3. Performs (lie guarantee of all work and trtaterials furnished under the Contract for the Elnle speclfled In the Contract, then this bond 1s void; otherwise It remains In full force. Any changes in or under the Contract and compliance or noriconipllance wllh 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, alteratlons or additions to the terms of the Contractor other Mork to be perfonllhd hereunder, or [lie specificalions referred to therein shall in anywlse affect Its obligations under this bond, and it does hereby waive notice of any such changes, extenslotls of time, alternations or additions to the tarns of the Conlrool or to work or to the Specifications. Pop 8? of 38 Prlttt4•Contrncloi Avitttd nyraanianl (k021 var. l I Packet Pg. 429 16. B.7.c This Instrument shall be construed in all (aspects as a common larrr bond. it Is expressly understood that the tlme provisions, anal slatuto of limitations under Sullen 255.05, Florida Stawtus, shall not apply to (his bond. In no event will (ha Surety tie liable in [lie aggrugate to Obilgo for more Ilian the penal srrm of WS Performance bong regardless of the number of stilts that may be filed by 01711ge. IN WITNESS WHEREOF, the above: parties have executed this Inslrut11ar71(leis `11Gill day of June , 2023, (he name of oaoh !tarty beln(I affixed and these presents Cluly signed by Its undersigned represen(alive, ptfMfant to authority of its governing body, Signed, sealed and delivered in the prPsancoo..: <M e Wllrress • s o frinclpal I.iS80 0 Uo GTATE or, COUNTY OF ��57.11ls.l w Quality Etatwprines USA, Inc, Name: IoLb J. Gaudio-_ its; _�/Le Prosident �, The foregoing Instrument was acknow+hedged before nia by means of 20 physicaf proseoce or © online no(arlxa(lon, If* IMof JUtle 2023_, by _ I nitjr..J,.G..9.Fid10 _ , as- 1llra-R[.esideUof ,Quml�y En e prf ses USA, Ino,_ a _...�IJrgjnia____ corporation, on behalf of the corparation. He/she Is personally known to me OR has produced _{CIA - Kr1QW11,___. as identification and did (did nol) take an oath. My Cormnission Expires: 2111 /26---- ,,,, (Siorltdure of Notary Public -State of Florida) "ttY{ AfAR( AlIM L, t10HEN *� k MYCaA{t+{i3Si0NSHH1fl41i69 r`Ia�nra: Marcfe L. Gaherl :��; EXPIRES: F©braary 11, 2026 (Legibly P(inted) ( - >�Fpft-110jo PuMlaUndenniler� '""�" Notary Public, slab of Florida Commission No.. -Lfl:L 965GR-__--________ i'ap 23 of 83 Ntolli•Conrracaer Avri€d rlgreflMoAt(202€-v,lr II Packet Pg. 430 16. B.7.c A'FrE»ST; Witness as to Surely SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) O Fidelity ant D ppslt C mpatay of Maryland Devon C. Heath As Attorney In , ict _ (Attach Power bf Attorney) WiIneSSAS Dantni J. 10 1299 Zurich Way, Schaturibur IL 60196 (Business Address) Tammy A. Ward, Attorney -lit -Fact (Printed Name) - (Telephone Number) STATE OF Vir inia COUNTY OF -Vic 1111a BoaGlt.. The foregoing Instrument was acknowledged before me by means o(KJ physical presence or 0 online notarization, (hlsl6th of June 2023 , by Tattirny A. Ward , as Attorney-h- Fact - of 'n'rvn " onpanY , a , corporation, on behalf of the corporation. He/she is personally known to nee OR has produced as identification and did (did not) tako an oath. My Commission Expires: September 30, 2026 �J-..-11.11.t! ✓ ,}"L[cl , ' If. (SignatUm of Notao Public -State of Florida) Name. Terri K. Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia Commission No.: 247448 TERRI It, STRAWHAND NOTREGARY PUBLIC COMMONWEREGALTH Or VIRGI JIA I/iYCU41MEAK)N Ex ins St: SWR 34 M Page 74 of 93 DAulll•Cunlraclor Awaud Agraamanl 12023_var, I Packet Pg. 431 16.B.7.c lu acllwt NMA,y IVAIC MVC14hh%lWC1A nlpkO ScpUlnber 10. 21121 I}on(I Number. 9433406 IIDuJ of Coumy CoatndsKi6l;tss. Collie( Coutsty, Obllgve CloWI IURICH Ai4 MICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETYCOMPANY 11DELITY AND DEPOSIT COMPANY Of MARYLAND POWER OC ATTORNEY KNOW ALL MEN 13Y'ITILSH PRi:SENTS:'I'littl the Z,URICI I ANIFRICAN INSURANCLo C;O,bfPANY. it corporudon oi'tho Slow iWNew York, lie COi.ONIAL AMIMICAN CASUALTY AND SURETY COMPANY, a corpurritim of llie Slau: of lilinols, and Ilse 111DI'sl.lTY AND M',I)OSIT COMPANY Oil MARYLAND a corlsoraliun ol'tlic State ol'illinots (herein collectively called the "Comptinles"), by Roborl 1), Murray, Vice llmsidun(, lit pursuillice 01,0111hority 8i'tinled by Article V. Soctlon 8, of live By -Laws of mild Conipnlllvs. which arc set Bail! (it) ilia reversu side Iicrcohind are hereby ceritiied to be in hill Pure(: and dice( on the (into hereof, do hereby nominate, eousfitutc, and appoint Tfl t Y. A, Ward , Its true all(] lawful agent and Allornay-hi-Friel, to mako, execute, seal and (lollvnr, litr, anti. oil i(s belnllftiti Sin,viy, ttn(I its its Net aunt. deed: ally and all bonds fill([ underlillSlags, nil(i the exec,ition orweit blinds or taiderlilklogs lit plilltlnnco of ih"e prosenl% Sllall be a3 binding upon said Compailics, AS I'ully and amply, to all lnierits nn(l purposes, as If they had heck duly executed and acknowledged b), rho regularly elected officers oNbc %URICH AMBRICAN INSURANCE CONWANY at Its office fit Now York, New York., Ilia regularly elected ofiicers of (hu COWNiAL AMERICAN CASUALTY AND SURRTY COMPANY al its office in Owings MIMS, bfnryland., and the regularly eivcled officers aflllo FIDIaLITY AND DEPOSIT COtNIPANY OF MARYLAND al its of ttcc In Owhigs Mills, Maryland., in their owa proper persotls. Tito sahl Vloc PI'cSldont doe9 Itareby ccrtlly tilai 111c extract set thrill oil the €cverso silo hmor Is 11 triw copy of Arilcio V, Sccilnu 8, of the By.l.aws al'saltl Compa Iles, and fs now In forco. IN WITMISS WHER1,01', Ilse slid Vice -President has hereunto itibserlbed his/her imi s mid al'lm d tho Corporate Solis of the Snitl mimfi A.,mr,,RICAN INSURANCE COMPANY, COLOMAL AMERICAN CASUALTY AND SUREAW COMPANY, nail f IDULITY AND DEPOSIT CONIPANY OF tNIARYLAND, this IStb tiny of April, A.D. 7,023. \\1I1111111hflllf ti� 10"It' I111',4 I 1,llill l41,11 �111 i�f �po�jrn'�x'-s 3 sSAIy? SEA[-� si SEALm4a ••� 1. ��q� o r9rt ,.f ,�'� ''Iaiilnaiy i411 NonYc1Mo '!1/IIIrHRt11411\\ .p1, ,yyf "'IIIflftal<11514111\`\ f yryAnog p /I111nllllltlt5\ AT I'ESTi ZIMUCH A,11BIUMN UMURANU COMPANY COLONIAL A11b:111CAsN CASUALTY AND SURE'1'1' (:OfA)]PANY IrIDF,i.li'Y AND DIWOSIT CO,MIIAtNY OF MARVLr1(NP 13y,: Robut D. 41,hwir,yl 0ce Prosid(trrf (�GLy1hL � L�lGYG)L.._.• lfy: Drawl S. Brown Necref(r{ll Slate orrMarylond County of iinithilare On This 18111 (lay of April, A.D. 2023, bellum Ilia subscriber, it Niaary I'ilh144 of the Stile tie ivlarylland, ([lily ccoinlnissloriod itid ytmlillcd, Robert 1), Muvriy, Yire President and Ditn'n K. Ilroiva, Sec'0111-y of 010 Conyta1110, lit 1110 pv(sonnily it-attivil to lac 1110lixtividuals and Mims desarlbed II1 and wha owell(ed the lime-ading Instalment, alml licknowledg,4d 014 0S4oulfoll or Sallio, and behig by 111e duly S yom, depo54ih and Snliil, tillit ilolslla is tits said officer ufille Coinfinny lifurestild, nod that ilia Seals 01ml its 111e prC{4dit11,, iasmil mot ow Ih0 Cofpornic 5cnis oruirl compitnivs, law diet ilie said CorporMa Suals and the signature its such ofAcor were Italy alliscd aid s0wrfb4d in the said flrsirnns4nl by 1110 rotnhurlty and Oteolton orthe sold C otiWrations. IN TESTIMON), 4Yimm"OI', I hnYe ltcreunlu Sol lily hand and nflixud lily Ofilulid Seid the tiny uad year tlrst abova+vrltien, J.S",mw �n it?,� Auihanllolty of thh't ilund con be color-med at hondvitliditIoiwmrich list, cotit oi' 410-559-8790 Q Packet Pg. 432 16.B.7.c c aD E m �a a as as U d �L 0 7M3 03 9123 W23 11123 12M 01124 DM4 O O Repair and replace existing RCP vrilh a box eulvert ! ISO ow ! (D Q Packet Pg. 433 16.B.7.d MULTI -CONTRACTOR AWARD AGREEMENT # 20-7800 for Underground Contractor Services THIS AGREEMENT, made and entered into on this o2o�'"''day of 2021 , by and between Quality Enterprises USA, Inc. authorized to do business in the State of Florida, whose business address is 3494 Shearwater Street, Naples, FL 34117-8414 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Owner").. WITNESSETH: AGREEMENT TERM. The Agreement shall be for a five ( 5 ) year period, commencing ❑■ upon the date of Board approval; OF F=1 on , and terminating five ( 5 ) year(s) from that date or until all outstanding ❑■ Purchase Order(s) ❑■ Work Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a *]Purchase Order ❑■ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ ❑ ❑■ Other: Invitation for Qualification ( IFQ ) # 20-7800 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. FE-1 The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 434 16.B.7.d 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 3.3 ❑■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A — Scope of Services attached hereto. ❑ ❑ 9thef 3.4 ❑N The County reserves the right to specify in each Request for Quotations: the period of completion; collection of liquidated damages in the event of late completion; and the Price Methodology selected in 4.1. 4. THE AGREEMENT SUM. ❑■ The County shall pay the Contractor for the performance of this Agreement based on Work performed pursuant to the quoted price offered by the Contractor in response to a specific Request for Quotations and pursuant to the Price Methodology in Section 4.1. ❑■ Contractor's quoted prices, when providing Time & Material quotes, shall be based on Exhibit B- Fee Schedule. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". ❑-F „f rDr _. .. y 4.1 Price Methodology (as selected below): X Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑E Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Page 2 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 435 16.B.7.d ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 5. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 436 16.B.7.d 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Quality Enterprises USA, Inc. Address: 3494 Shearwater Street Authorized Agent: Attention Name & Title: Telephone: E-Mail(s): Naples, FL 34117-8414 Louis J. Gaudio, Vice President (239) 435-7200 Lgaudio@geusa.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Steve Messner Division Name: Water Division Address: 4370 Mercantile Avenue Naples, Florida Administrative Agent/PM: Pamela Libby Telephone: (239) 252-6239 E-Mail(s): Pamela.Libby@colliercountyfl.gov 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 Agreement must be in writing. 7. 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. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 437 16.B.7.d 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the 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. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ❑N Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. n 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. D. n Watercraft: $1,000,000 Per Occurrence. E. 0■ Maritime Coverage (Jones Act): Shall be maintained where applicable to the completion Of the work $ 1,000,000 per Occurrence. The Division requesting the quoted work will obtain the appropriate endorsement for Maritime coverage on an as needed project basis. F. F■ Pollution: $1,000,000 per Occurrence. Page 5 of 33 Multi -Contractor Award Agreement [2021_ver.11 Packet Pg. 438 16.B.7.d G. ❑■ United States Longshoreman's and Hardworker's Act : Coverage shall have minimum limits of $1,000,000 per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County 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 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Departement Water Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the Page 6 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 439 16.B.7.d performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ❑N Exhibit A Scope of Services, * Exhibit B Fee Schedule, ❑ f P ❑ 4T-B/0 Other Invitation of Qualification (IFQ) #20-7780 , including Exhibits, Attachments and Addenda/Addendum, ❑■ subsequent quotes and corresponding contract documents, ❑■ Exhibit C-1 Public Payment Bond, ❑■ Exhibit C-2 Public Performance Bond, ❑■ Exhibit D - Release and Affidavit Form, ❑■ Exhibit E — Form of Contract Application for Payment, ❑■ Exhibit F - Change Order,❑ Exhibit G - Certificate of Substantial Completion, ❑■ Exhibit H -Certificate of Final Completion, ❑ , and ❑ Gthef 17. APPLICABILITY. Sections corresponding to any checked box (E) expressly apply to the terms of this Agreement. 18. 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. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time, b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; 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, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Page 7 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 440 16.B.7.d Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecord Reg uest colIiercount fl. ov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. ❑E BONDS. A. 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 "C-1" and Exhibit "C-2". 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, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) Page 8 of 33 Multi -Contractor Award Agreement [2021_ver.1] �.. ". CAO . Packet Pg. 441 16.B.7.d calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 23. ❑■ 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/Scope of Work. 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/Scope of Work. 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/Scope of Work 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 Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 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. 24. ❑N PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may request 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 "D" 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 "E." 25. PAYMENTS WITHHELD. Owner may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, outstanding punchlist 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 to Contractor under this Agreement or any other Agreement between Owner and Contractor, Page 9 of 33 Multi -Contractor Award Agreement [2021_ver.1] v s' Packet Pg. 442 16.B.7.d 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. 26. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 27. ❑■ CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, 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. 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. 28. J■ CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, Page 10 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 443 16.B.7.d 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 Agreement shall be in compliance with the County's Procurement Ordinance and Procurement Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "F" 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. 29. ❑■ 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. 30. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 31. ❑■ 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 County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 32. F■ 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 the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 11 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 444 16.B.7.d 33. 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. 34. ❑■ 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 and request that Owner issue a Certificate of Substantial Completion. 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 therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit G, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit H, recommending that on the basis of Owner's observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: A. The Release and Affidavit in the form attached as Exhibit "D." B. Consent of Surety (if applicable) to final payment. C. 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. D. The warranty in the form attached as Exhibit "I". Page 12 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 445 16.B.7.d 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. 35. ❑■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County 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 the County. 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 the County is entitled as a matter of law. 36. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 37. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 39. 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. Page 13 of 33 Multi -Contractor Award Agreement [2021_ver.1] (AO) Packet Pg. 446 16.B.7.d w. •. • w•. . - . - - ... . . w . •.• - - - - N. MOW . - . - . w .• .. - . . . . - - •• - . . . . . WWW w . . . •. - - - - MITIMW ETZ . w . - . - w . . . . . . . - ♦• . .. - • - - - - .. ■❑ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 41. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 42. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. 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 the County. 43. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance Page 14 of 33 Multi -Contractor Award Agreement [2021_ver.1] !"AO Packet Pg. 447 16.B.7.d and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 44. ❑E SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any division/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 Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 15 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 448 16.B.7.d IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above, ATTEST: Crystal K. Kinzel, Clerk of Court & Comptroller Dated: IAJkr ZxXJ' 1 (SEA _St as to chaiman'san ss Contractor 9' 1FROOsA.s: Cohfractor',61 First Witness Margarita NeQron TType/print witness nameT Contractor's Second Witness Marcie Cohen TType/print witness nameT as to rm and Legality: _County Attorney Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PENNNwrAYLW 06air Quality Enterprises USA, Inc. Contractor By: Signature Louis J. Gaudio, Vice President TType/print signature and titleT Page 16 of 33 Multi -Contractor Award Agreement [2021_ver (C'A : r Packet Pg. 449 16.B.7.d Exhibit A Scope of Services ❑■ following this page (pages 1 through 2 ❑ this exhibit is not applicable Page 17 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 450 16.B.7.d IFQ# 20-7800 "Underground Contractor Services" EXHIBIT A SCOPE OF SERVICES Contractors shall provide complete general utility and stormwater management system contracting services and on -call urgent repair services. The Contractors will be responsible for providing complete utility contracting services regardless of location for a wide range of projects as may be requested by Collier County. Services shall include, but not be limited to, the following: 1. Supervision/administration of work. 2. New construction of water/sewer lines, lift stations, manholes, storm drains, and appurtenances. 3. Renovations/retrofits of water/sewer lines, lateral lines, lift stations, manholes, storm drains, and appurtenances. 4. Demolition associated with renovations/retrofits. 5. Scheduling work and subcontractors in harmony with the County's operations. 6. Estimating cost of future projects. 7. Repairs (urgent and non -urgent) of all types of underground infrastructure, including but not limited to water mains, force mains, water services, backflows, lateral lines, gravity water mains, valves, and hydrants. 8. Installation/repair/replacement/restoration/maintenance/excavation of stormwater management systems, including but not limited to pipe and pipe fittings, manholes, junction boxes, structures, box culverts, frames & grates, backflow preventers, pump stations, weirs, head walls, end walls, sea walls, boat ramps, swales, ditches, canals, outfalls, dredging, pipe and structure cleaning and viewing, pipe lining, and all associated miscellaneous work. 9. Repairs to service lines for various County departments, serving facilities such as parks, libraries and other office buildings. 10. On -Call Urgent Services. I. Required Licenses and Standards Contractor must possess and maintain during the duration of the Agreement a State of Florida Underground Utility and Excavation Contractor license or a General Contractors license. All work performed will meet or exceed County Utility Technical Standards, see link below. https //www colliercouniyfl aov/your government/divisions-f-r/public-utilities-planninp-and-project- management/utilities-standards-manual II. Payment and Performance Bonds Projects over $200,000 shall have a payment and performance bond and shall be provided within ten (10) business days after notification of award. The payment and performance bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the County. The surety shall be rated as "A -"or better as to general policy holders rating and Class V or higher rating as to financial size category. The amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc., 75 Fulton Street, New York, NY 10038. Should the contract amount be less than $500,000 the requirements of Section 287.0935, Florida Statutes shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be continued for a six (6) month period beyond the final completion of the project. If the surety for any bond furnished by the Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated 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 County's approval. Page 1 of 2 Exhibit A — Scope of Services Packet Pg. 451 16.B.7.d III. On -Call Urgent Services Urgent work shall be defined as any work that is not scheduled. 24-hour availability is needed to complete on -call urgent work. Urgent work will be completed on a rotating schedule with one (1) Contractor designated for a one (1) week period. Each awarded Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour urgent contact phone numbers. All Contractors must participate in the urgent work rotation, which will be equally divided. The County Project Manager or designee will manage and maintain rotation schedules such that a minimum of six (6) months of future equitable assignments are accessible to all Contractors awarded. Urgent calls for assistance must be responded to with a Supervisor on site within 1 hour to evaluate the job and crews, equipment, and if needed Maintenance of Traffic set up within 2.5 hours of the request for assistance. Should a Contractor fail to respond to an urgent call the next Contractor in rotation shall be contacted. Any failure to provide coverage by a Contractor, may be subject to termination. Rates for On -Call urgent services are outlined in Exhibit B- Fee Schedule. IV. Price Methodology and Subcontractor Work The County shall pay the Contractor for the performance of the work pursuant to the quoted price offered by the Contractor in their response to a specific request for quotation. The Contractor will be compensated for time and material work or lump sum as applicable, including material and specialty equipment markup, either for urgent or non- urgent work. Markup for subcontractors shall be 15%. Markup for material shall be 10% V. Distribution of Work Quotes will be requested for each project. The procedure to be followed will be determined by the value of the project. A. The procedure for projects with a value of $50,000 or less is outlined below: 1. A quote will be requested from one (1) of the awarded Contractors on a basis that ensures a relatively even distribution of the work. 2. Contractor shall respond with the information and/or proposal sought within seven (7) calendar days. 3. Issuance of a Work Order by County. B. Procedures for projects with a value of $50,000 to $1,000,000 areas follows: 1. Quotations shall be solicited from all the awarded Contractors. Completion time and the collection of liquidated damages may be specified in the request for quotation. 2. Contractor shall respond with the quote within ten (10) business days. The County's Project Manager or designee will review all quotes received by the given due date and may negotiate with the Contractor who submits the lowest quote. 3. Bonds are applicable for projects over $200,000. 4. Issuance of a Work Order by County. 5. Any project over $500,000 must be presented to the BCC for approval. The Division requesting quoted work will obtain the appropriate endorsement for Maritime coverage on an as needed project basis. The County reserves the right to waive any or all of these requirements if in the best interest of the County and to separately solicit any job. The County reserves the right to supply all necessary parts for selected projects and repairs. Page 2 of 2 Exhibit A — Scope of Services Packet Pg. 452 16.B.7.d ❑■ following this page (pages through ❑ this exhibit is not applicable Exhibit B Fee Schedule Page 18 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 453 16.B.7.d IFQ# 20-7800 "Underground Contractor Services" EXHIBIT B FEE SCHEDULE I. On -Call Urgent Services Rates for On -Call urgent services are outlined in the attached. II. Quotes for projects with a value of $50,000 or less shall utilize Time and Material Price Methodology based off the attached rates. III. Price Methodology and Subcontractor Work Markup for subcontractors shall be 15%. Markup for material shall be 10% Packet Pg. 454 QUALITY ENTERPRISES USA, INC. 16.B.7.d Regular hours shall be Monday through Friday 7AM-4 PM, overtime hours shall be Friday through Monday 4PM-7AM as well as all day on holidays. Subcontractor work shall be strictly 15% markup and 10% for material. Any equipment rate shall be the same regardless of time and shall be charged for hours utilized. Any rentals shall be considered the same as subcontractor markup at 15%. A copy of the rental receipt must be included with each invoice. Personnel Regular Hourly Rate Overtime Hourly Rate Corporate Officer $150.00 $195.00 Project Manager $125.00 $162.50 Superintendent $85.00 $110.50 Foreman $85.00 $110.50 Mechanic, Equipment & Truck Operator $75.00 $97.50 Laborer $55.00 $71.50 Administrative 1 $75.00 $97.50 Eaullpment Regular/Overtime Hourly Rate Excavator > Cat 349 $250.00 Excavator > Cat 320 $200.00 Excavator <Cat 320 $150.00 Excavator w/hammer/E iroc $350.00 Excavator w/side grip vibratory hammer $350.00 Wheel Loader >Cat 962 $225.00 Wheel Loader>Cat 938 $175.00 Wheel Loader <Cat 938 $150.00 Bull Dozer $175.00 Motor Grader $175.00 Soil/Stone Roller $125.00 Telehandler $125.00 Manlift $125.00 Forklift $100.00 Broom Tractor $95.00 Milling Machine $685.00 Skid steer with milling head (bump grinder)$150.00 Asphalt/Mat. Shuttle Buggy $375.00 Asphalt Paver Weiler 385 $375.00 Asphalt Paver Cat 1055 $575.00 Asphalt Roller $125.00 Off Road Dump $250.00 Crane > 130 ton $1, 500.00 Crane >30 ton $500.00 Crane <30 ton $250.00 Vibratory Hammer $400.00 Concrete Crusher $685.00 Screener $375.00 Push Boat $275.00 Sectional/Hopper Bare $175.00 Drone Lidar Photogrammetry $350.00 Directional Drill JT 100 $2,000.00 Directional Drill AA 440 $4,000.00 Lowboy/Tractor $175.00 Dump Truck/RollOff $95.00 Water Truck/Trailer $125.00 Tack/Prime Truck/Trailer $150.00 Lube/Mechanics Truck $125.00 Truck with Hand Tools $95.00 Pickup $40.00 Camera Truck $400.00 Vacuum Truck $475.00 Small E ui ment Air Compressor with Hammer $60.00 Concrete Saw $60.00 Plate Compactor $60.00 Trench Box 16' x 10' $50.00 Stone Box $50.00 Steel Road Plate $50.00 Wellpoint System $250.00 3" Trash/Submersible Pump $50.00 6" Hydraulic Pump $150.00 12" Hydraulic Pump $200.00 Cut Off Saw $20.00 Light Set $50.00 Generator/Welder $50.00 Generator 70kw $125.00 Generator 125kw $150.00 MOT $150.00 Fusing Machine 2-16" $150.00 Fusing Machine 18"-42" $300.00 Tap Machine- small (3/4" - 3') each tap $750.00 Tap Machine - large (4" - 12") each tap $1,000.00 Pipe Trenchless Piercing tool $250.00 Pipe Ramming $625.00 Material Disposal Fee concrete, asphalt, debris, etc PER LOAD $500.00 Packet Pg. 455 16.B.7.d Exhibit C-1 ❑ this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, representatives, successors and assigns, jointly and severally. our heirs, executors, personal WHEREAS, Principal has entered into a contract dated as of the _day of 20_ with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of under -signed representative, pursuant to authority of its governing body. Page 19 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 456 16.B.7.d 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 by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as Of a corporation, on 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: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) m Page 20 of 33 Multi -Contractor Award Agreement [2021_ver.1) w c a� E aD a m tY m U d 'L 0 c 0 0 LO N V cu L r_ 0 U a� y Q L d W CY 0 I 0 00 r` 0 N r c m E w r Q Packet Pg. 457 16.B.7.d As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as of , a corporation, on 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: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 21 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 458 16.B.7.d ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 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 ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20 , with Oblige for in accordance with drawings and specifications, which 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 22 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 459 16.B.7.d This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be 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 by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as Of a corporation, on 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: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 23 of 33 Multi -Contractor Award Agreement [2021_ver.1I Packet Pg. 460 16.B.7.d ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 , by , as Of a corporation, on 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: (AFFIX OFFICIAL SEAL) (Signature of Notary Public -State of Florida) Name: (Legibly Printed) Notary Public, State of Commission No.: Page 24 of 33 r Q Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 461 16.B.7.d ❑ this exhibit is not applicable EXHIBIT D RELEASE AND AFFIDAVIT FORM COUNTY OF ( ) STATE OF ( ) Before me, the undersigned authority, personally appeared being duly sworn, deposes and says: after (1) In accordance with the Contract Documents and in consideration of $ to be received, ("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 1 20 for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. Witness Witness STATE OF COUNTY OF CONTRACTOR BY: ITS: DATE: The foregoing instrument was acknowledged before me by notarization, this of 20 , by Of a He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) [Corporate Seal] means of ❑ physical presence or ❑ online , as _ corporation, on behalf of the corporation. (Signature of Notary Public -State of Florida) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Page 25 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 462 16.B.7.d ❑ this exhibit is not applicable EXHIBIT E FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: RE: Original Contract Time: Revised Contract Time: ;Contractor's Representative) (Contractor's Name) (Contractor's Address) Retainage @ 10% thru [insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: ject Name) Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less previous payment (s) AMOUNT DUE THIS APPLICATION: ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DAT (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 : DATE: (DP's Name) (Signature) (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: Page 26 of 33 (Signature) DATE: _ (Type Name and Title) Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 463 16.B.7.d ❑ this exhibit is not applicable EXHIBIT F CHANGE ORDER ❑ Contract Modification ❑ Work Order Modification Contract #: Change #: Purchase Order #: Project #: Contractor/Firm Name: I Project Name: _ d E Project Manager Name: Department: aD M Q Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item # w Current BCC Approved Amount Last BCC Approval Date; Agenda Item # C, Current Contract/Work Order Amount SAP Contract Expiration Date (Master) > Dollar Amount of this Change #DIV/0! Total Change from Original Amount 3 Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount •L Completion Date, Description of the Task(s) Change, and Rationale for the Change Notice to Proceed Original Date Completion Date Last Approved Revised Date Date Includes this change) o # of Days Added Select Tasks ❑ Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other (see below) Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s) and v / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. R L Prepared by: Date: (Project Manager Name and Division) Acceptance of this Change Order shall constitute a modification to contract / work order identified above and will be subject to all the same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor / Vendor / Consultant / Design Professional arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted by: Date: (Contractor / Vendor / Consultant / Design Professional and Name of Firm, if project applicable) Approved by: Date: (Design Professional and Name of Firm, if project applicable) Approved by: Date: (Procurement Professional Page 27 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 464 16.B.7.d ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page 28 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 465 16.B.7.d The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACT OR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ 0 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20_ OWNER Type Name and Title Page 29 of 33 Multi -Contractor Award Agreement [2021_ver.1] w c E aD a a� a� 3 U d •L c 0 0 t� LO cu L r_ 0 U a� a L d w cY i 0 0 0 ti 0 N c as E w r Q / Packet Pg. 466 16.B.7.d ❑ this exhibit is not applicable OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT H CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION The warranty in Exhibit I is attached to and made a part of this Certificate: Page 30 of 33 Multi -Contractor Award Agreement [2021_ver.II Packet Pg. 467 16.B.7.d Executed by Design Professional on , 20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page 31 of 33 Multi -Contractor Award Agreement [2021_ver.1] Packet Pg. 468 16.B.7.d ❑■ this exhibit is not applicable EXHIBIT I WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page 32 of 33 Multi -Award Agreement 2017.006 Ver. I Packet Pg. 469 16.B.7.d Other Exhibit/Attachment Description: ❑ following this page (pages through _) FE� this exhibit is not applicable Page 33 of 33 Multi -Award Agreement 2017.006 Ver.l Packet Pg. 470 16.B.7.d ACCOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 5/25/2021 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 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A Marsh & McLennan Agency LLC 222 Central Park Avenue, Suite 1340 Virginia Beach VA 23462 CNAME:ONTACT Marsh & McLennan Agency LLC PHONE 757 456-0577 AX No: E-MAIL ADDRESS: certificates@MarshMMA.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED Quality Enterprises USA, Inc. & Quality Environment Company, Inc. INSURERB: Evanston Insurance Company 35378 INSURER C: Phoenix Insurance Company 25623 INSURER D : Travelers Prop & Casualty Co of America 25674 3494 Shearwater Street INSURER E: XL SPECIALTY INS CO 37885 Naples FL 34117 INSURER F : COVERAGES CERTIFICATE NUMBER:580846692 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDPOLICY IYYYY MMIDDIYYYY LIMITS C COMMERCIAL GENERAL LIABILITY C07N91352A20 7/1/2020 7/1/2021 EACH OCCURRENCE $ 1,000,000 F_V� CLAIMS -MADE OCCUR DAMAGE To RENTE PREMISES (Ea ccur ence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 GEN'L POLICY JERT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: C AUTOMOBILE LIABILITY 8107N67219020 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED AUTOS ONLY AUTOS ONLY X HIRED LXX pip $10,000 aggregate X Compvarious Coll various D X UMBRELLA LIAB X OCCUR CUPSN00458A 7/1/2020 7/1/2021 EACH OCCURRENCE $15,000,000 AGGREGATE $ 15,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 1 n nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE WC01793105 7/1/2020 7/1/2021 X STATUTE ERH USL&H included E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Pollution/Prof Liability MMAENVO01943 7/1/2020 7/1/2022 1$2.000.000 each claim $4,000,000 Aggre E Installation Floater UM00030160MA20A 7/1/2020 7/1/2021 $200,000 $2,500 DED DESCRIPTION OF OPERATIONS / LOCATIONS / 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 GEKIIf-IGAIt HULULK Board of County Commissioners in Collier County 3925 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 REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. r� Q ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 471