BCC Agenda 07/23/2024 Item #16C 2 (Award RFQ under Contract #20-7800 the Annual Agreement for Underground Utiltiies w/Quality Enterprises, ISA, Inc.)07/23/2024
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, as the ex-officio Governing Board of the Collier
County Water-Sewer District, award a Request for Quotation (“RFQ”) under Agreement No. 20 -7800, the
“Annual Agreement for Underground Utilities,” to Quality Enterprises, USA Inc., and authorize the
Chairman to sign the attached Work Order in the amount of $708,826 for the Rehabilitation Plans for Pump
Station 309.16 project. (Project Number 70240)
OBJECTIVE: To bring outdated utility infrastructure into compliance with current standards while meeting the
demand for service, protecting public health and safety, and providing a proactive environmental protection
approach.
CONSIDERATIONS: The proposed scope of work under Project Number 70240, “Rehabilitation Plans for Pump
Station 309.16,” is consistent with the FY2024 Capital Improvement Project Budget approved by the Board on
September 21, 2023.
This project is located at 2600 Longboat Drive. The pump station is 30 years old and at the end of its useful life.
The scope of work includes:
• Coating the interior of the wet well to protect the concrete walls from corrosion.
• Replacing deteriorated pipes with corrosion-proof high-density polyethylene (HDPE) pipe
material.
• Eliminating the underground valve vault and replacing it with above ground valves and
HDPE pipe, which will reduce corrosion and improve safety during maintenance.
• Replacing the existing wastewater submersible pumps with more efficient and reliable
pumps.
• Replacing the existing electrical components with a standard control panel to meet current
standards and codes.
• New fence and site restoration.
These improvements will: (1) update the pump station to meet current Collier County utility standards in a
coordinated manner that will not interrupt sewer service, (2) improve the performance and reliability of the sewer
system in the community, and (3) improve safety during routine maintenance by the County’s Wastewater Division
staff.
The County distributed a Request for Quotation related to the Pump Station 309.16 Rehabilitation project, to the
nine contractors under the County’s Fixed-Term Underground Contractor Services Agreement No. 20-7800. Three
contractors submitted quotes to the County by the May 3, 2024, deadline as summarized in the below table.
Vendor Total Bid Amount
Quality Enterprises USA, Inc. $ 708,826
Haskins, Inc. $ 730,390
Douglas N. Higgins, Inc. $ 751,140
The County did not receive quotes from the remaining six contractors for various reasons including their current
workload and concern with performing the job in a timely manner acceptable to Collier County.
The bid specifications informed bidders that there may be unforeseen conditions associated with the project. The
quote amount incorporates an owner-directed project allowance of $65,000.00 for unanticipated costs including, but
not limited to repairs due to structural deterioration and/or replacement of defective mechanical equipment and
deficient electrical components. Also, the quote amount incorporates an owner -directed project allowance of
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07/23/2024
$15,000.00 for landscaping.
County staff determined the low bid to be fair and reasonable and recommends awarding the project to Quality
Enterprises USA, Inc., the lowest responsive and qualified vendor. The low bid received is 14.6 percent lower than
the engineer’s opinion of probable cost of $830,000.00. In its recommendation letter dated May 8, 2024
(Attachment 3), the design professional, Hole Montes, Inc., recommends awarding the project to Quality
Enterprises, who has a satisfactory performance and warranty record on previous, similar utility-related projects.
The Contractor’s insurance expires on July 1, 2024 and the Contractor will provide the updated insurance upon
receipt of the new certificate of insurance. Once the new certificate of insurance is received then it will be included
for review when routed to the County Attorney’s Office for signatures and prior to any work beginning.
Quality Enterprises was founded in 1969 with its office located in Collier County. Quality Enterprises specializes in
underground utility and excavation construction projects and has held various agreements with the County for more
than 20 years.
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.
This item is consistent with the Infrastructure and Asset Management element of the Collier County Strategic Plan
objectives.
FISCAL IMPACT: Funding in the amount of $708,826 is available in the Sewer User Fee Capital Project Fund
(4014), Project 70240.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities, and to remain in compliance with all regulatory
programs.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. -SRT
RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the
Collier County Water-Sewer District, award Request for Quotation under Agreement No. 20-7800, the “Annual
Agreement for Underground Utilities” to Quality Enterprises USA, Inc., and authorize the Chairman to sign the
attached Work Order in the amount of $708,826.00 for the “Rehabilitation Plans for Pump Station 309.16” project.
(Project Number 70240)
Prepared by: Damian Cuadrado, Project Manager III (Licensed), Engineering and Project Management Division
ATTACHMENT(S)
1. Att 1 - PS 309.16 Work Order (PDF)
2. Att 2 - PS 309.16 Bonds (PDF)
3. Att 3 - PS 309.16 Recommendation of Award ltr (PDF)
4. Att 4 - 20-7800_QualityEnterprises_Contract (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doc ID: 29242
Item Summary: Recommendation that the Board of County Commissioners, as the ex-officio Governing Board of
the Collier County Water-Sewer District, award a Request for Quotation (“RFQ”) under Agreement No. 20 -7800,
the “Annual Agreement for Underground Utilities,” to Quality Enterprises, USA Inc., and authorize the Chairman
to sign the attached Work Order in the amount of $708,826 for the Rehabilitation Plans for Pump Station 309.16
project. (Project Number 70240)
Meeting Date: 07/23/2024
Prepared by:
Title: – Engineering and Project Management
Name: Damian Cuadrado
06/19/2024 2:30 PM
Submitted by:
Title: Director – Engineering and Project Management
Name: Matthew McLean
06/19/2024 2:30 PM
Approved By:
Review:
Engineering and Project Management Shon Fandrich PUD Reviewer Completed 06/20/2024 2:39 PM
Engineering and Project Management Matthew McLean PUD Reviewer Completed 06/24/2024 11:15 AM
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 06/25/2024 8:46 AM
Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 06/25/2024 12:13 PM
Procurement Services Francheska Correa Level 1 Purchasing Gatekeeper Completed 06/25/2024 3:16 PM
Wastewater Robert Von Holle PUD Reviewer Completed 06/26/2024 8:04 AM
Procurement Services Sandra Srnka Procurement Director Review Completed 06/26/2024 10:54 AM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
06/30/2024 5:24 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/01/2024 8:25 AM
Community & Human Services Maggie Lopez OMB Reviewer Completed 07/01/2024 10:40 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/09/2024 11:20 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/11/2024 9:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/11/2024 9:51 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/12/2024 2:34 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/23/2024 9:01 AM
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16.C.2.aPacket Pg. 462Attachment: Att 1 - PS 309.16 Work Order (29242 : PS 309.16 Rehab)
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16.C.2.bPacket Pg. 481Attachment: Att 2 - PS 309.16 Bonds (29242 : PS 309.16 Rehab)
16.C.2.bPacket Pg. 482Attachment: Att 2 - PS 309.16 Bonds (29242 : PS 309.16 Rehab)
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16.C.2.bPacket Pg. 493Attachment: Att 2 - PS 309.16 Bonds (29242 : PS 309.16 Rehab)
16.C.2.bPacket Pg. 494Attachment: Att 2 - PS 309.16 Bonds (29242 : PS 309.16 Rehab)
950 Encore Way · Naples, Florida 34110 · Phone 239.254.2000 · Fax: 239.254.2099
H:\2023\2023080\EN\H Construction Bidding & Contract\H2 Bidding\BIDDERS QUOTES\20240508 dc PS309.16 Recommendation of Award ltr.docx
May 8, 2024
Mr. Damian Cuadrado
Project Manager III
Collier County Public Utilities Department
3339 Tamiami Trail East, Suite 303
Naples FL 34112-5361
RE: EVALUATION OF BIDS/CONTRACT AWARD RECOMMENDATION
REHABILITATION OF PUMP STATION 309.16
(COUNTY PROJECT 70240.4.12)
HM File No. 340405-01-001
Dear Damian,
Hole Montes, a Bowman Company, has reviewed the bids received by Collier County for the Rehabilitation
of Pump Station 309.16 (County Project No. 70240-4-12). The bidders with their pricing responsiveness
are on the enclosed Bid Tabulation. A total of three bids were received on the project and ranged from
$708,826.00 to $751,140.00. The apparent low bidder is Quality Enterprises USA, Inc.
Hole Montes, a Bowman Company, has previously worked on a similar pump station rehabilitation project
where Quality Enterprises USA, Inc. was the Contractor. Quality Enterprises USA, Inc. did a satisfactory
job on that project as well as successfully completing various other projects for the County over the years.
We recommend award of the construction contract to Quality Enterprises USA, Inc. in the amount of
$708,826.00 subject to final review by the County Procurement Services Division.
Please contact us if there are any questions about this bid evaluation.
Thank you.
HOLE MONTES
a BOWMAN company
Jared M. Mellein, PE
Project Manager
Enclosure: Bid Tabulation
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Packet Pg. 495 Attachment: Att 3 - PS 309.16 Recommendation of Award ltr (29242 : PS 309.16 Rehab)
ITEM
NO.DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
1 Mobilization/Demobilization (NOT TO EXCEED 10% BID)1 LS $60,000.00 $60,000.00 $74,000.00 $74,000.00 $31,250.00 $31,250.00 $62,036.00 $62,036.00
2 Maintenance of Traffic (Vehicle & Pedestrian)1 LS $10,000.00 $10,000.00 $15,000.00 $15,000.00 $6,150.00 $6,150.00 $16,068.00 $16,068.00
3 Preconstruction Audio/Video Recording 1 LS $5,000.00 $5,000.00 $4,000.00 $4,000.00 $4,925.00 $4,925.00 $1,820.00 $1,820.00
4 Survey Layout and Record Drawings 1 LS $12,000.00 $12,000.00 $8,000.00 $8,000.00 $12,500.00 $12,500.00 $4,248.00 $4,248.00
5 Furnish and Install Construction Project Sign 1 EA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $3,550.00 $3,550.00 $607.00 $607.00
6 Stormwater Pollution Plan 1 LS $5,000.00 $5,000.00 $4,000.00 $4,000.00 $6,700.00 $6,700.00 $1,407.00 $1,407.00
7 Bypass Pumping During Construction 1 LS $35,000.00 $35,000.00 $30,000.00 $30,000.00 $25,500.00 $25,500.00 $31,987.00 $31,987.00
$129,000.00 $137,000.00 $90,575.00 $118,173.00
ITEM
NO.DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE
8 General Site Clearing & Grubbing 1 LS $20,000.00 $20,000.00 $18,000.00 $18,000.00 $20,250.00 $20,250.00 $37,780.00 $37,780.00
9 Electrical Service/Components Demolition 1 LS $10,000.00 $10,000.00 $3,000.00 $3,000.00 $4,600.00 $4,600.00 $26,442.00 $26,442.00
10 Wet well Components Demolition 1 LS $15,000.00 $15,000.00 $10,000.00 $10,000.00 $4,050.00 $4,050.00 $16,605.00 $16,605.00
11 Valve Vault and Piping Demolition 1 LS $15,000.00 $15,000.00 $10,000.00 $10,000.00 $3,200.00 $3,200.00 $11,284.00 $11,284.00
$60,000.00 $41,000.00 $32,100.00 $92,111.00
ITEM
NO.DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE
12 Furnish and Install Submersible Pumps 1 LS $140,000.00 $140,000.00 $117,000.00 $117,000.00 $175,000.00 $175,000.00 $129,837.00 $129,837.00
13 Furnish and Install Discharge Piping and Valves 1 LS $55,000.00 $55,000.00 $98,140.00 $98,140.00 $56,745.00 $56,745.00 $35,555.00 $35,555.00
14 Furnish and Install Concrete Wetwell Top Slab with Hatches 1 LS $30,000.00 $30,000.00 $32,000.00 $32,000.00 $15,650.00 $15,650.00 $17,912.00 $17,912.00
15 Furnish and Install Vent/Pump Out Piping 1 LS $8,000.00 $8,000.00 $10,000.00 $10,000.00 $6,700.00 $6,700.00 $5,826.00 $5,826.00
16 Wetwell Bottom Repair 1 LS $10,000.00 $10,000.00 $8,000.00 $8,000.00 $6,150.00 $6,150.00 $5,197.00 $5,197.00
17 Furnish and Install Wetwell Liner 1 LS $30,000.00 $30,000.00 $6,000.00 $6,000.00 $35,050.00 $35,050.00 $16,020.00 $16,020.00
18 Furnish and Install Concrete Control Panel Pad 1 LS $5,000.00 $5,000.00 $8,000.00 $8,000.00 $6,225.00 $6,225.00 $4,551.00 $4,551.00
19 Furnish and install Discharge Piping Pad 1 LS $6,000.00 $6,000.00 $5,000.00 $5,000.00 $3,080.00 $3,080.00 $2,402.00 $2,402.00
20 Connect to Existing Force Main 1 LS $10,000.00 $10,000.00 $7,000.00 $7,000.00 $17,250.00 $17,250.00 $10,208.00 $10,208.00
21 Furnish and Install Equipment Mounting Rack (Located by Wetwell)1 LS $20,000.00 $20,000.00 $4,000.00 $4,000.00 $9,600.00 $9,600.00 $9,467.00 $9,467.00
22 Furnish and Install Electrical Components 1 LS $90,000.00 $90,000.00 $87,000.00 $87,000.00 $34,450.00 $34,450.00 $33,982.00 $33,982.00
23 Furnish and Install Antenna 1 LS $30,000.00 $30,000.00 $35,000.00 $35,000.00 $8,450.00 $8,450.00 $35,200.00 $35,200.00
24 Furnish and Install New Electrical Service to Site 1 LS $30,000.00 $30,000.00 $20,000.00 $20,000.00 $62,950.00 $62,950.00 $62,091.00 $62,091.00
25 Pump Station Startup and Testing 1 LS $12,000.00 $12,000.00 $6,000.00 $6,000.00 $13,500.00 $13,500.00 $12,606.00 $12,606.00
$476,000.00 $443,140.00 $450,800.00 $380,854.00
ITEM
NO.DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE
26 Furnish and Install Site Fence & Gates 1 LS $35,000.00 $35,000.00 $28,000.00 $28,000.00 $40,250.00 $40,250.00 $25,669.00 $25,669.00
27 Furish and Install Concrete Driveway 1 LS $20,000.00 $20,000.00 $16,000.00 $16,000.00 $18,025.00 $18,025.00 $6,574.00 $6,574.00
28 Furnish and Install Stone Surface 1 LS $30,000.00 $30,000.00 $6,000.00 $6,000.00 $18,640.00 $18,640.00 $5,445.00 $5,445.00
$85,000.00 $50,000.00 $76,915.00 $37,688.00
ITEM
NO.DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE
29 Owner Directed Allowance for Unforeseen Conditions 1 LS/TM $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00
30 Owner Directed Allowance for Landscaping 1 LS/TM $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00
$80,000.00 $80,000.00 $80,000.00 $80,000.00
$129,000.00 $137,000.00 $90,575.00 $118,173.00
$60,000.00 $41,000.00 $32,100.00 $92,111.00
$476,000.00 $443,140.00 $450,800.00 $380,854.00
$85,000.00 $50,000.00 $76,915.00 $37,688.00
$750,000.00 $671,140.00 $650,390.00 $628,826.00
$80,000.00 $80,000.00 $80,000.00 $80,000.00
$830,000.00 $751,140.00 $730,390.00 $708,826.00
CONSTRUCTION TOTAL
SECTION 5 - ALLOWANCES
CONSTRUCTION TOTAL WITH ALLOWANCES
COST SUMMARY
SECTION 1 - GENERAL CONDITIONS
SECTION 2 - DEMOLITION
SECTION 3 - PUMP STATION
SECTION 4 - SITE WORK
SECTION 4 - SITEWORK
SECTION 4 - SUBTOTAL
SECTION 5 - ALLOWANCES
SECTION 5 - SUBTOTAL
SECTION 3 - SUBTOTAL
SECTION 2 - SUBTOTAL
SECTION 3 - PUMP STATION
SECTION 1 - GENERAL CONDITIONS
SECTION 2 - DEMOLITION
SECTION 1 SUBTOTAL
HIGGINS HASKINS QUALITY ENTERPRISES
COLLIER COUNTY PUBIC UTILITIES
PUMP STATION 309.16 REHABILITATION
BID TABULATION
16.C.2.c
Packet Pg. 496 Attachment: Att 3 - PS 309.16 Recommendation of Award ltr (29242 : PS 309.16 Rehab)
MULTI-CONTRACTOR AWARD AGREEMENT
20-7800
for
Underground Contractor Services
THIS AGREEMENT, made and entered into on this o7a6day of aOR__ 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:
1. AGREEMENT TERM. The Agreement shall be for a five 5 ) year period, commencing
upon the date of Board approval; CM I 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 nRequest for Proposal (RFP)
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. 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]
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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 n The procedure for obtaining Work under this Agreement is outlined in Exhibit A - Scope
of Services attached hereto.
j n Other
Exhibit/Attachment:
3.4 • 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.
n 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. I I 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".
maximum amount of
per County fiscal year, bac
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.,
ethefwise-known as the "Local Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
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.
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]
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I] 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.
4:-5
Mileage 0 44.5 per-mile
reapfaet 6,00
Lunch 44,00
Dinner 19.00
Airfare Actual ticket cost limited to tourist or coach class faro
Rental car Actual rental cost limited to compact or standard size
vehicles
Led-Eijfig single occupancy rate with a
alp of no more than $150.00-per-Right
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
costs and expenses associated with a
Awe-erne-FA,
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.
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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
Naples, FL 34117-8414
Authorized Agent:Louis J. Gaudio, Vice President
Attention Name & Title:
Telephone: 239) 435-7200
E-Mail(s): 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.
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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. • Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This
shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership.
C. II Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of$ 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. n Pollution: $1,000,000 per Occurrence.
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G.IN United States Longshoreman's and Hardworker's Act Coverage shall have
minimum limits of$ 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
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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), Exhibit A Scope of Services, n Exhibit B Fee
Schedule, I I RFP/ I I ITB/ Other Invitation of Qualification (IFQ)20-7780
including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes and
corresponding contract documents, Exhibit C-1 Public Payment Bond, Exhibit C-2 Public
Performance Bond, n Exhibit D - Release and Affidavit Form, 1111 Exhibit E — Form of Contract
Application for Payment, 01 Exhibit F - Change Order, Exhibit G - Certificate of Substantial
Completion, Exhibit H -Certificate of Final Completion, Exhibit I Warranty, and I I Othcr
Exhibit/Attachmcnt:
17. APPLICABILITY. Sections corresponding to any checked box (II) 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
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Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(a7colliercountyfl.gov
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.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)
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calendar days thereafter, substitute another bond and surety, both of which shall be subject
to the Owner's approval.
23. n 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. 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,
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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. 01 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,
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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. I] 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. n 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. n 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.
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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".
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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. n 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]
CAO
16.C.2.d
Packet Pg. 509 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
40. , EY-P RSONN
1ized--in
the performance of the Agreement. The Contractor shall assign as many people as nccescary to
complete the services on a timely basis, and each person assigned shall be available for an
nts have substantially
perience. (2) that the County is notified in writing as far
Collier County within seven (7) days of the change. The County retains final approval of proposed
replacement personnel.
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.
noRDER
the terms of any of the Contract Documents and/or the County's Board approved Executive
Summary, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
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]
16.C.2.d
Packet Pg. 510 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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. n 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)
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Multi-Contractor Award Agreement[2021_ver.1]
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16.C.2.d
Packet Pg. 511 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of Court&
Comptroller
8y: ' C[ 40C__,-By:
PE L air
Dated: `' 6, I
SE`A*Mt as to Chairman's
Contractorti9'WItiess s: Quality Enterprises USA, Inc.
Contractor
XpAiL vi By:
Contract-oq First Witness Signature
Louis J. Gaudio, Vice President
Margarita Negron TType/print signature and titleT
TType/print witness nameT
rVi
Contractor's Second Witness
Marcie Cohen
TType/print witness name
A oved as to rm and/Legality:
County Attorney
Print Name
Page 16 of 33
Multi-Contractor Award Agreement[2021_verl fj0{
16.C.2.d
Packet Pg. 512 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
Exhibit A
Scope of Services
0 following this page (pages through
2 )
this exhibit is not applicable
Page 17 of 33
Multi-Contractor Award Agreement[2021_ver.1]
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16.C.2.d
Packet Pg. 513 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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/rep air/replacement/reStOratioI1Jmaintenance/eXc ''at1 on 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.
hops://www.colliercountyfl.gov/your-govemment/divisions-f.--r/public-utilities-planning-and-prof ect-
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
P.
CA0)
16.C.2.d
Packet Pg. 514 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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 are as 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
16.C.2.d
Packet Pg. 515 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
Exhibit B
Fee Schedule
1 I following this page (pages through
1 )
n this exhibit is not applicable
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16.C.2.d
Packet Pg. 516 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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%
CAO
16.C.2.d
Packet Pg. 517 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
QUALITY ENTERPRISES USA, INC.
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 75.00 97.50
Regular/Overtime
Equipment Hourly Rate
Excavator>Cat 349 250.00
Excavator>Cat 320 200.00
Excavator<Cat 320 150.00
Excavator w/hammer/Epiroc 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 Barge 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/Roll Off 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 Equipment
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
16.C.2.d
Packet Pg. 518 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _day of 20_
with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties' obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
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CAC
16.C.2.d
Packet Pg. 519 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
Signed, sealed and delivered
in the presence of: PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
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:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST:SURETY:
Printed Name)
Business Address)
Authorized Signature)
Witness as to Surety
Printed Name)
OR
Page 20 of 33
Multi-Contractor Award Agreement[2021_ver.1]
16.C.2.d
Packet Pg. 520 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 21 of 33
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16.C.2.d
Packet Pg. 521 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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.
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yAO
16.C.2.d
Packet Pg. 522 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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 : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
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:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 23 of 33
Multi-Contractor Award Agreement[2021_ver.11
16.C.2.d
Packet Pg. 523 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
ATTEST:SURETY:
Printed Name)
Business Address)
Authorized Signature)
Witness as to Surety
Printed Name)
OR
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:
Signature of Notary Public-State of Florida)
Name:
Legibly Printed)
AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 24 of 33
Multi-Contractor Award Agreement[2021_ver.1]
16.C.2.d
Packet Pg. 524 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
17 this exhibit is not applicable
EXHIBIT D
RELEASE AND AFFIDAVIT FORM
COUNTY OF (
STATE OF (
Before me, the undersigned authority, personally appeared who after
being duly sworn, deposes and says:
1) In accordance with the Contract Documents and in consideration of $ 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 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.
CONTRACTOR
BY:
Witness ITS:
DATE:
Witness
Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or D 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:
Signature of Notary Public-State of Florida)
NAME:
Legibly Printed)
Notary Public, State of
AFFIX OFFICIAL SEAL)
Commissioner No.:
Page 25 of 33
Multi-Contractor Award Agreement[2021_ver.1]
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16.C.2.d
Packet Pg. 525 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
this exhibit is not applicable
EXHIBIT E
FORM OF CONTRACT APPLICATION FOR PAYMENT
County Project Manager)Bid No.
County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District(the OWNER) Application Date
FROM: Contractor's Representative) Payment Application No.
Contractor's Name)for Work accomplished through the Date:
Contractor's Address)
RE: Project Name)
Original Contract Time: Original Contract Amount:
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount
Total value of Work Completed
Retainage @ 10% thru [insert date] and stored to Date
Retainage @ _% after [insert date] Less previous payment (s) $
Percent Work completed to Date: AMOUNT DUE THIS
Percent Contract Time completed to Date APPLICATION:
Liquidated Damages to be Accrued
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered
1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered
by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests
and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work
which previous payments were issued and received from the OWNER and that current payment is now due; (4) and
CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised
contract and shall be incorporated into a future Change Order:
By CONTRACTOR: Contractor's Name)
Signature)
DATE:
Type Name&Title)
shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : DP's Name)
Signature)
DATE:
Type Name&Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: Signature) DATE:
Type Name and Title)
Page 26 of 33
Multi-Contractor Award Agreement[2021_ver.1]
S
16.C.2.d
Packet Pg. 526 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
n this exhibit is not applicable
EXHIBIT F
CHANGE ORDER
Contract Modification Work Order Modification
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name:Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change DIV/0! Total Change from Original Amount
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
Completion Date, Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Last Approved Revised Date
Date Completion Date Date Includes this change)
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
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.
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]
16.C.2.d
Packet Pg. 527 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
this exhibit is not applicable
EXHIBIT G
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
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]
i),
16.C.2.d
Packet Pg. 528 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
20
OWNER
By:
Type Name and Title
Page 29 of 33
Multi-Contractor Award Agreement[2021_ver.1]
CAC
16.C.2.d
Packet Pg. 529 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
this exhibit is not applicable
EXHIBIT H
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
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.1]
C'AO
16.C.2.d
Packet Pg. 530 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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]
16.C.2.d
Packet Pg. 531 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
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:
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Multi-Award Agreement 2017.006 Ver.l
16.C.2.d
Packet Pg. 532 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
Other Exhibit/Attachment
Description:
following this page (pages through _)
El this exhibit is not applicable
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Multi-Award Agreement 2017.006 Ver.1
16.C.2.d
Packet Pg. 533 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)
ACCPRO® 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 CONTACT
NAME: Marsh&McLennan Agency LLC
A Marsh &McLennan Agency LLC PHONE FAX
222 Central Park Avenue, Suite 1340 IA/C.No.Ext): 757-456-0577 A/C,No):
Virginia Beach VA 23462 ADDRESS: certificates@MarshMMA.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Zurich American Insurance Company 16535
INSURED INSURERS:Evanston Insurance Company 35378
Quality Enterprises USA, Inc. &
Quality Environment Company, Inc. INSURER C:Phoenix Insurance Company 25623
3494 Shearwater Street INSURER D:Travelers Prop&Casualty Co of America 25674
Naples FL 34117 INSURER E:XL SPECIALTY INS CO 37885
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
TYPE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LIMITSLTRINSD,WVD POLICY NUMBER MMIDDIYYYY) (MMIDD/YYYY)
C COMMERCIAL GENERAL LIABILITY Co7N91352A20 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY X JER8: LOC PRODUCTS-COMP/OPAGG $2,000,000
OTHER:
C AUTOMOBILE LIABILITY 8107N67219020 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT $1,000,000Eaaccident)
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED x NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident)
X Comp various X Coll various PIP 10,000 aggregate
D X UMBRELLA LIAB X OCCUR CUP8N00458A 7/1/2020 7/1/2021 EACH OCCURRENCE $15,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 15,000,000
DED X RETENTION$1 n Jinn
A WORKERS COMPENSATION WC01793105 7/1/2020 7/1/2021 X
AND EMPLOYERS'LIABILITY Y/N
STATUTE OTH-ER USL&H induded
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBEREXCLUDED? N NIA
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Pollution/Prof Liability MMAENV001943 7/1/2020 7/1/2022 $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 I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:For Any and All County projects
Board of County Commissioners in Collier County are included as additional insureds under the General Liability policy as respects to work performed by the
insured as required by written contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Board of County Commissioners in Collier County
3925 Tamiami Trail East
Naples FL 34112
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
16.C.2.d
Packet Pg. 534 Attachment: Att 4 - 20-7800_QualityEnterprises_Contract (29242 : PS 309.16 Rehab)