Agenda 07/09/2024 Item #16B11 (Aprove Settlement Agreement and Release with Quality Enterprises USA, Inc. related to the "Design-Build of Whippoorwill Lane and Marbella Lakes Drive Connection project, Agreement No. 20-7735)07/09/2024
EXECUTIVE SUMMARY
Recommendation to approve a Settlement Agreement and Release with Quality Enterprises USA, Inc.,
related to the "Design -Build of Whippoorwill Lane and Marbella Lakes Drive Connection" project, under
Agreement No. 20-7735, in the amount of $304,670.75. (Project No. 60219)
OBJECTIVE: To approve a Settlement Agreement and Release with Quality Enterprises USA, Inc., related to the
"Design -Build of Whippoorwill Lane and Marbella Lakes Drive Connection" project, under Agreement No. 20-
7735, in the amount of $304,670.75.
CONSIDERATIONS: On April 13, 2021, (Agenda Item 1 1A), the Board awarded Agreement No. 20-7735 (the
"Agreement") providing for the design -build of the Whippoorwill Lane and Marbella Lakes Drive Connection (the
"Project") from Livingston Road to just south of Pine Ridge Road to Quality Enterprises USA, Inc. ("QE").
The Project involves connecting Whippoorwill Lane to Marbella Lakes Drive while calming traffic via roundabouts
with reduced lane widths. The new roadway geometry included curb and gutters with divided and non -divided
sections of foot travel lanes, four roundabouts, a variable width raised median, and a concrete sidewalk on the west
side of the roadway. The project also includes a new mast -arm signal system at the intersection of Livingston Road
and Marbella Lakes Drive and a new stormwater system designed to meet all permitting requirements and
constructed to ensure that there are no adverse impacts to surrounding areas. Finally, the Project also includes
roadway lighting in accordance with all FDOT and county lighting specifications. The Project involved extensive
public participation and the ultimate design took into consideration the adjacent communities with respect to the
interplay between the roundabouts, and the entrance and exits for the Andalucia, Mariposa, Stratford, and Marbella
Lakes communities.
On October 11, 2022, (Agenda item 16A 11), the Board approved Change Order No. 1, which added 18 8 days to the
Agreement due to delays arising related to permit approval and material acquisition.
On April 11, 2023, (Agenda item 16A14), the Board approved Change Order No. 2, which added 95 days to the
Agreement due to Hurricane Ian (5 days) and the time required to acquire street lighting and traffic signal
equipment and time impacts resulting due to labor shortages (90 days).
On November 14, 2023, (Agenda item 16135), the Board approved Change Order No. 3 adding 60 days to the
Agreement, due to unforeseen supply chain issues & material scarcities with the construction materials
manufacturers, specifically involving delays with procuring traffic signal controller cabinets and other traffic signal
equipment.
E's Claim and the Settlement Aareement and Release:
On June 20, 2023, QE presented County staff with a written change order (the "Claim") request for various items
that QE deemed additional work and/or unforeseeable issues pertaining to the design & construction of the Project
that were not identified in the scope of the county's bid criteria. QE's Claim sought reimbursement for the
additional work/costs in the amount of $2,446,059.93. Some of the changes included in QE's Claim were requested
by the County, while others were comprised of what QE believed was additional work not included or
contemplated by the County's scope of work in its bid criteria. After multiple meetings spanning several months
between County staff and QE, the parties agreed to a recommended settlement to resolve QE's Claim for the
substantially reduced amount of $304,670.75. The following table reflects the items that were included in QE's
Claim.
I I I QE's Whippoorwill/Marbella Lakes Claim
I Packet Pg. 494
07/09/2024
OE Requested
Amount
Description
1
$74,280.00
Additional design, survey, and permitting fees due to South Florida Water
Management District, ROW mapping discrepancies, and Marbella Lakes
required Roundabout changes.
2
$603,295.10
Revisions to concept plans due to South Florida Water Management District,
County, and Florida Department of Transportation requirements concerning
drainage.
3
$960,216.56
Various material and subcontractor increases related to the revised work.
4
$72,106.80
Addition of fiberoptic cable and CCTV equipment for Marbella Lakes Drive.
5
$26,706.00
Irrigation and landscape changes.
6
$418,228.37
Increases in labor and equipment related to the revised work.
7
$8,473.00
Palm tree relocation in lieu of removal.
8
$12,493.18
Increase of truck apron curbs.
9
$24,254.06
Additional brick pavers for Marbella Lakes required Round About changes.
10
$30,412.82
Additional light poles.
11
$3,645.00
Remove segment of wall at Andalucia.
12
$13,860.00
Required additional survey work.
13
$13,314.90
Relocate 4" Force Main.
14
$61,205.75
Construction of additional sidewalk.
15
$123,568.39
Right turn lane into Marbella Lakes modification.
Total QE Claim Amount: $2,446,059.93
Actual Agreed Settlement Amount: $304,670.75
Of the total dollar amount of QE's asserted Claim, county staff acknowledges $212,590.61 represents compensation
for County -directed additional work consisting of the following tasks listed above:
0 Addition of fiberoptic cable and CCTV Equipment (Marbella Lakes Drive)
• Palm Tree Relocation in lieu of removal
• Truck Apron Curbs
• Brick Pavers
• Light Poles
• Remove Wall at Andalucia
• Additional Sidewalk
The remaining balance of the proposed agreed settlement amount represents a compromise of the various other
completed tasks incorporated into the Project listed above, as well as taking into consideration the anticipated
incurred costs and lack of certainty if the dispute were to result in a lawsuit. Accordingly, staff is recommending
approving the settlement amount, which represents a reduction of QE's original Claim by more than $2.1 million
dollars.
The attached Settlement Agreement and Release was prepared by the County Attorney's Office and executed by
Packet Pg. 495
07/09/2024
QE subject to the Board's approval. The Settlement Agreement and Release mutually resolves QE's Claim against
the County, while preserving any claim that the County may have upon the discovery of any latent defects or
covered warranty work related to the Project.
QE will have a Final Payment Application for lighting and signalization work unrelated to its Claim work identified
in the Settlement Agreement and Release that amounts to $8,508.00 and a request for reimbursement of the
retainage withheld by the County during construction, which QE will submit for processing in accordance with the
terms of the Agreement. QE timely completed the work required for the Project by January 16, 2024, substantial
completion date, and concluded all punch list items on May 29, 2024. The delay in reaching final completion
resulted in part due to good faith efforts by the parties to resolve this claim dispute and avoid the possibility of
future litigation. Notwithstanding the passage of time, the County did not sustain any actual damages.
FISCAL IMPACT: The recommended settlement amount of $304,670.75 is a compromise of a disputed claim
that reduces the County's potential liability by $2,141,389.18 when compared to the amount of QE's Claim as
initially asserted. Funding is available within Road Impact District Fund (3091). The funding source is road
impact fees.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long -Range Transportation
Plan and Objective I of the Transportation Element of the Collier County Growth Management Plan to maintain the
major roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: The Settlement Agreement and Release has been reviewed and approved by the
County Attorney's Office. The recommended settlement amount represents a substantial reduction of the County's
potential liability based upon the original Claim asserted by QE and eliminates the risk of incurring significant
additional costs if a lawsuit was filed. The Settlement Agreement and Release resolves and releases QE's Claim
asserted against the County upon approval. To the extent that QE has a final invoice related to work unrelated to its
Claim, including the payment of withheld retainage, it will submit its Final Payment Application for processing as
required under the Agreement. This item is approved as to form and legality and requires majority vote for Board
approval. -SRT
RIECOMMENDATION: Recommendation to approve a Settlement Agreement and Release with Quality
Enterprises USA, Inc., related to the "Design -Build of Whippoorwill Lane and Marbella Lakes Drive Connection"
project, under Agreement No. 20-7735, in the amount of $304,670.75, and direct staff to work with QE to submit
its Final Payment Application for processing as provided in the Agreement. (Project No. 60219)
Prepared by: Jamie KhawaJa, Project Manager 11, Transportation Engineering Division
ATTACHMENT(S)
1. [Link] 20-7735 QualityEnterprise — Contract
2. PO —Whippoorwill (PDF)
3. QE Whippoorwill Marbella Settlement Agreement and Release 06.12.24 (PDF)
Packet Pg. 496
07/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13. 11
Doe ID: 29293
Item Summary: Recommendation to approve a Settlement Agreement and Release with Quality Enterprises USA,
Inc., related to the "Design -Build of Whippoorwill Lane and Marbella Lakes Drive Connection" project, under
Agreement No. 20-7735, in the amount of $304,670.75. (Project No. 60219)
Meeting Date: 07/09/2024
Prepared by:
Title: — Transportation Management Services Department
Name: Jamie KhawaJa
06/21/2024 10:31 AM
Submitted by:
Title: Department Head — Transportation Management Services Department
Name: Trinity Scott
06/21/2024 10:31 AM
Approved By:
Review:
Transportation Management Services Department
Jeanne Marcella
Department
Transportation Engineering Matthew Thomas
Other Reviewer
Transportation Engineering Jay Ahmad
Other Reviewer
Procurement Services Francheska Correa
Level 1 Purchasing Gatekeeper
Transportation Engineering Lisa Taylor
Other Reviewer
Transportation Management Operations Support
Tara Castillo
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
Procurement Services Sandra Srnka Procurement Director Review
Community & Human Services Maggie Lopez OMB Reviewer
Transportation Management Services Department Trinity Scott
County Attorney's Office Scott Teach Level 2 Attorney Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office Amy Patterson Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Transportation Management Services
Completed 06/24/2024 10:34 AM
Completed 06/24/2024 2:57 PM
Completed 06/25/2024 7:12 AM
Completed 06/25/2024 7:40 AM
Completed 06/25/2024 7:57 AM
Other Reviewer Completed
06/25/2024 9:00 AM
Completed 06/26/2024 8:43 AM
Completed 06/26/2024 10:49 AM
Completed 06/27/2024 8:44 AM
Transportation Completed
06/27/2024 12:18 PM
Completed 06/28/2024 4:18 PM
Completed 06/29/2024 11:14 AM
Completed 07/02/2024 5:19 PM
07/09/2024 9:00 AM
I Packet Pg. 497 1
ces to: I 16.13.11.b
Collier County Board of County Commissioners Collier County Board of County Commissioners
Procurement Services Division Attn: Accounts Payable
Phone: 239-252-8407 3299 Tamiami TrI E Ste 700
Fax: 239-732-0844 Naples FL 34112-5749
Tax Exempt: 85-8015966531C-1 0 OR email to: bccapclerk@collierclerk.com
Purchase Order number must appear on all related
correspondence, shipping papers and invoices:
Vendor # 102478
Purchase order
PO Number 4500210603 Date 04/26/2021
QUALITY ENTERPRISES USA INC
3494 SHEARINATER STREET
ContactPerson TECMAdmin
NAPLES FIL 34117-8414
Please deliver to:
GROWTH MANAGEMENT DIVISION C&M
Delivery Date: 09/30/2021
TRANSPORTATION ENGINEERING
2885 S HORSESHOE DR
NAPLES FL 34104
Terms of Payment Net 28 days (20 business days)
Item Material Description Order Qty Unit Price Per Unit Net Value
00010 CON WHIPPOORWILL LN MARBELLA LAKES DR 4,720,450 EA 1.00 4,720,450.00
20-7735: BCC APPR 04/13/202 1. ITEM#1 I A
Total net value excl. tax USID 4,720,450.00
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site
http://www.colliercountyfl.gov/home/showdocument?id=74077, including delivery and payment terms. Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to: Collier County Board of County Commissioners
Attn: Accounts Payable
3299 Tamiami TrI E Ste 700
Naples FL 34112-5749
OR email to: bccapclerk@collierclerk.com
The Purchase Order is authorized under direction of Collier County Board of County Commissioners by:
Sandra Herrera, Director, Procurement Services Division
Printed 04/26/2021 @ 11:03:08 333-163653-762500-60219.2 1 Packet Pg. 498 1
SETTLEMENT AGREEMENT AND RELASE
This SETTLEMENT AGREEMENT AND RELEASE (hereinafter referred to as the
"Agreement") is made and entered into by Quality Enterprises USA, Inc. ("QE") on the one hand,
and the Board of County Commissioners for Collier COUNTY. Florida ("COUNTY"), on the other
hand. QE and COUNTY shall hereinafter be collectively referred to as the "Parties".
WHEREAS, the COUNTY and QE entered into Design -Build Agreement No. 20-7735 on
April 13, 2021 (hereafter the "Contract"), which also includes various subsequently agreed upon
and approved Change Orders issued thereon, for the Design Build of the Whippoorwill Lane and
Marbella Lakes Drive Connection project (hereafter the "Project"); and
WHEREAS, a dispute arose between the Parties in connection with the construction of
the Project that QE claims involved unforeseen issues affecting the design and construction of
the Project which resulted in additional work that could not have been contemplated when the
Parties entered into the Contract� and
WHEREAS, the Parties engaged in several discussions satisfying the Article 12 Dispute
Resolution requirements of the Contract in a good faith effort to resolve the disputed claims
through negotiations involving authorized representative for the COUNTY and QE; and
WHEREAS, the Parties have resolved their differences and desire to reduce their
negotiated settlement understanding to a writing so that is shall be binding upon the Parties.
NOW THEREFORE, in consideration of the foregoing premises and the following mutual
promises (the receipt and sufficiency of such consideration being acknowledged by all Parties),
the Parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated by
reference.
2. Effective Date. The "Effective Date" of this Agreement is the date that the Board
of County Commissioners approves the Agreement when it is presented as an agenda item at its
regularly scheduled County Commission meeting on June 25, 2024.
3. Denial of Liability. Neither Party is admitting wrongdoing, fault, or liability of any
nature by entering into this Agreement.
4. Paymen . Within 20 days of the Effective Date of this Agreement, the COUNTY
shall pay to QE the total sum of $304,670.75 (the "settlement amount"), which amount represents
payment in full satisfaction of QE's asserted claim consisting of the below identified additional
work on the Project:
QE's Whippoorwill/Marbelia Lakes Claim
#
Description
I
Additional design, survey, and permitting fees due to South Florida Water Management
District, ROW mapping discrepancies, and Marbella Lakes required Round About
changes.
2
Revisions to concept plans due to South Florida Water Management District, Coun
� Florida Department of Transportation requirements concerning drainage.
FPacket
3
1 Various material and subcontractor increases related to the revised work.
4
Addition of fiberoptic cable and CCTV equipment for Marbella Lakes Drive.
5
Irrigation and landscape changes.
6
Increases in labor and equipment related to the revised work.
7
Palm tree relocation in lieu of removal.
8
Increase of truck apron curbs.
9
Additional brick pavers for Marbella Lakes required Round About changes.
10
Additional light poles.
11
Remove segment of wall at Andalucia.
12
Required Additional survey work.
13
Relocate 4" Force Main.
14
Construction of additional sidewalk.
15
Right turn lane into Marbella Lakes modification.
Payment by the COUNTY shall be made by check or wire in the same manner as previous
payments have been made to QE under the Contract. Aside from payment of the settlement
amount, any remaining balance owed for work performed by QE on the Project consisting of the
retainage and any final payment amount shall follow standard Final Payment Application invoicing
as provided in the Contract,
5. Release and Discharge.
a. QE: Except for the obligations set forth herein, QE hereby releases, acquits,
satisfies, and forever discharges COUNTY (including any and all employees,
officers, directors, successors, assigns, legal representatives, insurers,
attorneys and agents of COUNTY) of and from any and all, and all manner of
Claims, action and actions, cause and causes of action, suits, debts, dues, sums
of money, accounts, reckonings, bonds, bills, specialties, covenants, the
Contract, controversies, agreements, promises, variances, trespasses,
damages, judgments, executions, claims, and demands whatsoever, in law or
in equity, relative to the Project, which QE had, now has, or which any
employees, officers, directors, successors, assigns, legal representatives,
insurers, attorneys or agents of QE hereinafter can, shall or may have arising
out of, or relating to the Contract from the beginning of the world to the day of
this Agreement. This Release does not otherwise affect the Parties' rights and
obligations under the Contract.
b. COUNTY. Except for the obligations set forth herein, COUNTY hereby
releases, acquits, satisfies, and forever discharges QE (including any and all
employees, officers, directors, successors, assigns, legal representatives,
insurers, attorneys and agents of QE) of and from any and all, and all manner
of claims, action and actions, cause and causes of action, suits, debts, dues,
sums of money, accounts, reckonings, bonds, bills, specialties, covenants, the
Contract, controversies, agreements, promises, variances, trespasses,
damages, judgments, executions, claims, and demands whatsoever, in law or
in equity, relative to the Project, which COUNTY had, now has, or which any
employees, officers, directors, successors, assigns, legal representatives,
insurers, attorneys or agents of COUNTY hereinafter can, shall or may have
arising out of, or relating to the Contract from the beginning of the world to the
day of this Agreement, except for latent defects related to the Project of which
2
FPacket Pg. 500
the COUNTY could not reasonably have been aware of as of the Effective Date
of the Agreement. This Release does not otherwise affect the Parties' rights
and obligations under the Contract.
6. Warranty., Any existing warranties provided by QE under the Contract shall apply
and be governed as provided for under the terms of the Contract.
7. Enforcement of the Settlement Agreement. This Agreement is subject to
enforcement under Rule 1.700, et seq. of the Florida Rules of Civil Procedure, as if this settlement
were the result of a court -ordered mediation conference. The Agreement is the joint product of
the Parties and shall not be construed against any Party as the drafter.
8. Governing Law and Venue, This Agreement and all other documents executed
in connection with this Agreement are governed by and shall be interpreted under Florida law,
The sole and exclusive venue for any litigation among the Parties that may arise out of, or is
related to this Agreement, or any documents executed in connection with this Agreement shall be
a court of competent jurisdiction in and for Collier County, Florida.
9. Enforceability. In the event that any provision of this Agreement is found to be
void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or
in part, shall continue to be enforceable to the greatest extent allowed by law and to the same
extent as if the void or unenforceable provision were omitted from the Agreement,
10. Cooperation. The Parties hereby agree to cooperate and work in good faith to
carry out the terms of this Agreement and to execute or prepare any other documentation
necessary to effectuate the terms of this Agreement.
11. Acknowledgement of Independent Counsel/Tax Advice. The Parties hereto
acknowledge and affirm that they:
a. Have each been represented by separate legal counsel, or they have had the
opportunity to consult with legal counsel and their separate tax advisors as to
their respective rights and responsibilities hereunder;
b. Have entered into this Agreement intentionally and voluntarily, and in doing so
are not acting under any duress or coercion; and
c. Have read or have had read to them, and understand all terms and provisions
of this Agreement.
12. Entire Settlement Aareemen . This Agreement contains the entire agreement
between the Parties, and all prior or contemporaneous negotiations or representations are
merged into this Agreement.
13, Paragraph Headings. Captions and paragraph headings in this Agreement are
for convenience and reference only and do not define, describe, extend or limit the scope or intent
of this Agreement or any provision herein.
14. Attorney's Fees for Breach of Agreement. In the event any Party breaches this
Agreement, the party having to enforce this Agreement shall be entitled to recover its attorney's
fees and costs, through litigation and any and all appeals.
3
FPacket Pg. 501
15. Counterparts and Facsimile Si-gnatures. This Agreement may be executed in
counterparts with each copy being deemed an original. A facsimile signature on this Agreement
will be deemed to be equivalent to an original signature,
IN WITNESS WHEREOF, the parties hereto have set their hands on the date indicated
herein.
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
0
Dated.,
(SEAL)
Approve as to form and legality:
By:
Scott R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
4
Chris Hall, Chairman
I Packet Pg. 502 1
QUALITY ENTERPRISES USA, INC.
By:
Print Name: Louis J Gaudio
Vice President
Date: June 5, 2024
ITNE S,
signed Nar6e
Matt Murp�
Printed Nam
Scott Frazier
Printed Name
F—packet Pg. 503
all..
AUALITY
ENTER PRI SES
CONTRACTOR APPLICATION FOR PAYMENT
Final Billing
INVOICE # 98586
TO: Collier County Board of County Commissioners
P.O. No.: 4500210603
Attn: Accounts Payable
ContractlProject #. 20-7735 / 60219
3299 Tamiami Trail E Ste 700
Application Date. : 6/10/2024
Naples, FL 34112-5749
Payment Application: 20
FROM Quality Enterprises USA, Inc.
for Work accomplished through 5/29/2024
3494 Shearwater St
QE Job #: 14R21 -01
Naples, FL 34117
RE: DB-Whippoorwill Lane Marbella Lakes Connection
Original Contract Time:
494 days
Original Contract Amount:
$4,720,450.00
Revised Contract Time:
777 days
Total Change Orders to Date:
$0.00
Revised Contract Amount:
$4,720,450.00
Retainage at 0.00% through 5/29/2024:
$0.00
Total value of Work Completed and Stored To Date:
$4,720,450.00
Retainage at % after
Less Retainage: 0.00%
$0.00
Percent Work Completed to Date:
100.00%
Total Earned Less Retainage:
$4,720,450.00
Percent Contract Time Completed to Date:
100.00%
Less previously invoiced:
$4,476,344.90
AMOUNT DUE THIS APPLICATION:
$244,105.10
Liquidated Damages to be Accrued:
$0.00
Remaining Contract Balance:
$0.00
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 20 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-, and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been
properly approved by Owner in writing and in advance of such Work.
CONTRACTOR: Quality Enterprises USA, Inc.
By:— Date: 06/10/2024
Allison B. Murrell, Corporate Officer
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended.
Design Professional: Agnoli Barber G Brundage, Inc.
By:— i�� F -Date: 06-10-2024
Payment to the CONTRACTOR for the aboveAMOUNT DUE THIS APPLICATION is approved.
OWNER: By: —Date:
I Packet Pg. 504 1
RELEASE AND AFFIDAVIT FORM
State of Florida
County of Collier
Before me, the undersigned authority, personally appeared Allison B. Murrell who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $244,105.10 to be received, QUALITY
ENTERPRISES USA, INC. ("Contractor") releases and waives for itself and its 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 April 13, 2021 for the period from January 11, 2024 through May 29, 2024. 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, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or
other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this
Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's Application for Payment No. 20.
CONTRACTOR: Quality Enterprises USA, Inc.
Allison B. Murrell
Corporate Officer
Date: 06/10/2024
Witnesses/
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this 0 day of_ 2(?Lt, byAllison B. Murrell, as Corporate
Officer of Quality Enterprises USA, Inc., a Virginia corporation, on behalf of the corporation, _5pdAvho is personally known to me and did (did not) take an
oath.
My Commission expires:
(;Kig n atu (e5TN&tary)
(AFFIX OFFICIAL SEAL)
ISA CARRERAS
Notary Public - State of Florida]
commission # HH 518230
8
My Comm. Expires Jun 13. 2028
"n.
Bonded through National Notary Assn.
NAME: Isa Carreras
(Legibly Printed)
Notary Public, State of Florida
Commissioner No: HH518230
I Packet Pg. 505 1
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