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Agenda 04/14/20 Item # 9 (Agenda ID 12125) 04/27/2020 EXECUTIVE SUMMARY Recommendation to authorize a Work Order under Agreement No. 14-6213,"Underground Utility Contractors," for Bay Colony Beach Dune Swale Restoration to Quality Enterprises USA, Inc., in the amount of$325,714.28. OBJECTIVE: To approve a Work Order to retain Quality Enterprises USA, Inc. ("Quality Enterprises") to perform Bay Colony Beach Dune Swale Restoration work as indicated in the included engineering plans. CONSIDERATIONS: Collier County Ordinance No. 2002-27, as amended, established the Pelican Bay Services Division Municipal Service Taxing Benefit Unit (the "MSTBU") to provide quality street lighting, water management, and streetscape beautification services exclusively to the residents of Pelican Bay. The Bay Colony Beach Dune Swale is a drainage feature that conveys and treats stormwater from the high-rise buildings in Bay Colony, north to an outfall into Clam Bay. To maintain flow within the swale, a reconfiguration of the swale limits is proposed,followed by regular management activities. On December 30, 2019, staff sought proposals on this project from all vendors currently under contract with the County under Agreement No. 14-6213, "Underground Utility Contractors." Two of the six contractors under contract submitted bids, which were received and opened by staff on February 12, 2020. The quotations received were significantly lower than the engineer's Opinion of Probable Cost. Quality Enterprises notified staff that it made a unit pricing error in its bid and submitted a revised bid (in an amount substantially higher than originally submitted) after the bid closing on February 13, 2020. The bids received are summarized below. VENDOR QUOTE TOTAL Quality Enterprises USA., Inc $221,593.28 $221,593.28 Haskins, Inc. $441,000 441,000 D.N. Higgins, Inc. No quote No quote Kyle Construction, Inc. No response No response Mitchell & Stark Constr., Inc. No response No response SW Utility Systems, Inc. No response No response Upon further review, it was determined that the correction of Quality Enterprises unilateral unit price mistake could not be reformed by correcting the bid it submitted but that it could rescind its bid based on the equity of having to proceed where the bid error did not appear to be submitted in bad faith. As a result,the Procurement Director directed staff to re-solicit the project. On March 2, 2020, staff again sought proposals on this project from all vendors currently under contract with the County under Agreement No. 14-6213, "Underground Utility Contractors." One of the six vendors under contract submitted a bid, which was received and opened by staff on March 16, 2020. The bid received is summarized below. VENDORQUOTETOTAL Quality Enterprises USA., Inc $325,714.28 $325,714.28 Haskins, Inc. No quote No quote D.N. Higgins, Inc. No quote No quote 04/27/2020 Kyle Construction, Inc. No quote No quote Mitchell& Stark Constr., Inc. No quote No quote SW Utility Systems, Inc. No response No response Staff determined that Quality Enterprises' bid is reasonable, and the contractor is responsive and responsible, and recommends awarding a Work Order to Quality Enterprises for the requested services. In accordance with the attached Work Order, the work will cover a period of one-hundred twenty days (120) from the date of issuance of a Notice to Proceed. Due to the value of the project, the underlying contract requires the issuance of the attached Payment and Performance Bonds prior to project commencement. Subject to the Board's approval, the Staff will issue the Notice to Proceed to commence services. FISCAL IMPACT: Sufficient budget exists in Lake Bank Enhancements Project 51026 in the Pelican Bay Capital Fund 322. Source of funding is from a special assessment from Pelican Bay property owners. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval.- RECOMMENDATION: To authorize a Work Order under Agreement No. 14-6213, "Underground Utility Contractors," for Bay Colony Beach Dune Swale Restoration to Quality Enterprises in the amount of$325,714.28 and authorize the Chairman to sign the attached Work Order. Prepared by: Lisa Jacob, Project Manager, Pelican Bay Services Division ATTACHMENT(S) 1. Work Order QE 14-6213 Bay Colony Beach Dune Swale (PDF) 2.QE-Quote-Re-bid_Bay_Colony_Beach_Dune_Swale_Restoration_l4-6213-3-16-20 (PDF) 3.2003-005_Bay_Colony_Beach_Dune_Swale_(re-Bid)_Tab_Summary_3-16-20 (XLSX) 4. Payment and Performance Bonds Bay Colony Beach Dune Swale (PDF) 5. ELORA Beach Dune Swale to QE 3.17.20 (PDF) 6. 190415-1339_Exemption_Revision_20191205 (PDF) 7. 190415-1339_Exhibit No. 1.0-Location-Map(flat) (PDF) 8.e190415-1339_Exhibit No. 2.0-Stormwater-Maintenance-Plan(flat) (PDF) 9.e190415-1339 Exhibit No. 2.1-Dune-Maintenance-Plan (PDF) 10. 14-6213 Quality_Contract_20200220160415.463_X (PDF) 11. 14-6213 Quality_Amend#2_20200220160329.515_X (PDF) 12. 14-6213Quality_2of2_2YrRenewals_20200220160345.861 X (PDF) 13. EOR Recommendation to Expedite Letter 4.8.20 (PDF) 04/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.4 Doc ID: 12125 Item Summary: Recommendation to authorize a Work Order under Agreement No. 14-6213, "Underground Utility Contractors,"for Bay Colony Beach Dune Swale Restoration to Quality Enterprises USA, Inc., in the amount of$325,714.28. Meeting Date: 04/27/2020 Prepared by: Title: Project Manager, Associate—Pelican Bay Services Name: Lisa Jacob 03/27/2020 9:00 AM Submitted by: Title: Project Manager, Associate— Pelican Bay Services Name: Lisa Jacob 03/27/2020 9:00 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/27/2020 9:39 AM Board of County Commissioners Jim Flanagan Additional Reviewer Completed 03/27/2020 3:17 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/31/2020 1:18 PM Corporate Business Operations Sean Callahan Executive Director-Corp Bus Ops Completed 04/09/2020 10:42 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/10/2020 1:47 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/10/2020 8:11 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/10/2020 10:14 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/10/2020 10:37 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/13/2020 11:17 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 04/13/2020 2:47 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/27/2020 10:00 PM WORK ORDER/PURCHASE ORDER Contract 14-6213 "Utility Contractors" Contract Expiration Date:July 7,2020 This Work Order is for Utility Contractor services for work known as: Project Name: Bay Colony Beach Dune Swale Restoration The work is specified in the proposal dated March 16, 2020 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to:Quality Enterprises USA, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task 1 Contractor mobilization * Task 2 Landscaping and debris removal offsite * Task 3 Swale perimeter fencing and placement * Task 4 Erosion and sedimentation control, inlet protection * Task 5 Initial clearing of swale alignment * Task 6 Swale alignment grading and excavation * Task 7 Turbidity barrier at North outfall(double row) * Task 8 Landscape replacement(sod,native vegetation) * Task 9 Rip-rap(6"-8")slope treatment with geotextile under Schedule of Work: Complete work within 120 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement 4460003758 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in Firm rdanee with following method(s): ZiNegotiated Lump Sum (NIS) Damp Sum Plus Reimbursable Costs(LS+RC)❑Time & Material (T&M) (established hourly rate —Schedule A) Cost Plus Fixed Fee(CPFF),as provided in the attached proposal. Task I $ 62,252.77 Task 2 $ 6,222.00 Task 3 $ 4,080.00 Task 4 $ 1,698.91 Task 5 $ 115,690.00 Task 6 $ 122,876.00 Task 7 S 873.60 Task 8 $ 5,100.00 Task 9 $ 6,921.00 TOTAL FEE $325,714.28 Page 1of2 D Ttalty coped by JacobLls iz ioa3tl 3/17/2020 PREPARED&APPROVED BY: 10:42:19 wroa Lisa Jacob, Project Manager Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses,that,to the best of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Quality Enterprises USA, Inc. 3- t 1- a Louis J. Gaudio, Vice President Date Page 2 of 2 IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have executed this Work Order on the date and year first written below. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel,Clerk of Courts COLLIER COUNTY,FLORIDA By: By: Dated: Burt L. Saunders,Chairman (SEAL) Approved as to Form and Legality: Name of Firm: t'4 L EV-n(7444 J 044:4 Assistant By. County Attorney Signature Av.'s-, 6,1u0 r V Print Name + Co r County REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT#14-6213"UTILITY CONTRACTORS" Date: 03/02/2020 From: Lisa Jacob, Project Manager 239-438-5239, Telephone Number 239-597-4502, Fax Number Lisa.Jacob(a colliercountvfl.aov To: All Awarded Vendors on Contract#14-6213 -Utility Contractors Subject: (Re-Bid) Bay Colony Beach Dune Swale Restoration The Pelican Bay Services Division (PBSD) is soliciting quotes for the referenced project. RFQ Due Date: Mon,March 16,2020 at 3:00 PM Q&A Deadline: Fri, March 13, 2020 at 3:00 PM Number of Days to Substantial Completion: 90 days from date of NTP Number of Days to Final Completion: 120 days from date of NTP Scope Provided: Yes Plans and Specs: Yes Liquidated Damages $1,000 per day Payment& Performance Bonds If over$200,000 Your quotation response for this project is due no later than the date and time specified above.We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the PBSD at the below referenced address no later than the time and date specified. We look forward to your participation in this request for information/quotation process. f a1i y Enterprises USA, Ipc. Firm's Complete Legal Name 239-435-7200 239-435-7202 Tele h Fax Number Vice President Title Louis J. Gaudio 3/16/20 Print Name Date Pelican Bay Services Division 1801 Laurel Oak Drive,Suite 3021 Naples,Florida 341081 Tel.239-597.1.749 5ax2397597-4502 . . . Bay Colony Swale Restoration ABB PN:17-0078 BCS 16-Mar-20 Bay Colony Swale Restoration(Re-Bid) ITEM DESCRIPTION QUANTITY UNIT UNIT COST$ SUBTOTAL $ 1 Contractor Mobilization 1 LS $82,252.77 2 Landscaping and Debris Removal-Offsite 850 CY $7.52 ,16 pr ear, 3 Swale Perimeter Fencing and Placement(landward side) LF $2.04 , 4 Erosion and Sedimentation Control,Inlet Protection 1 LS $1,69a91 5 Initial Clearing of Swale Alignment '",kylz.",2,300' SY $50.30 ' 6 Swale Alignment Grading and Excavation 850 Cs' $144.56 7 Turbidity Barrier @ North Outfall(Double Row) LF $10.92 Landscape Replacement(Sod,Native Vegetation 110 wide) '.24.tX.'..43 5;000 SF $0.34 9 Rip-rap(6"-8")Slope Treatment with Geotextlle Underlayment Alli~klt:Ai45 SY $153.80 _ . 10 TOTAL $325,714.28 Prepared by: AGNOLI BARBER AND BRUNDAGE,INC CAUserslMarclo Cohen\Documents\Proposals\Cciller County Government-202014.6213,Re-bid Bay Colony Beach Dune Swale, 03.1620\2id-Tabulation-Bay-Colony-Beach-Dune-Swale-Rebid-3-2-2020(1) • • Co er County REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT#14-6213 "UTILITY CONTRACTORS" Date: 03/02/2020 From: Lisa Jacob, Project Manager 239-438-5239, Telephone Number 239-597-4502, Fax Number Lisa.Jacobcolliercountyfl.gov To: All Awarded Vendors on Contract#14-6213-Utility Contractors Subject: (Re-Bid) Bay Colony Beach Dune Swale Restoration The Pelican Bay Services Division (PBSD) is soliciting quotes for the referenced project. RFQ Due Date: Mon, March 16, 2020 at 3:00 PM Q&A Deadline: Fri, March 13, 2020 at 3:00 PM Number of Days to Substantial Completion: 90 days from date of NTP Number of Days to Final Completion: 120 days from date of NTP Scope Provided: Yes Plans and Specs: Yes Liquidated Damages $1,000 per day Payment& Performance Bonds If over$200,000 Your quotation response for this project is due no later than the date and time specified above. We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the PBSD at the below referenced address no later than the time and date specified. We look forward to your participation in this request for information/quotation process. Quality Enterprises USA, Inc. Firm's Complete Legal Name 239-435-7200 239-435-7202 Teleehh Fax Number iana Vice President Title Louis J. Gaudio 3/16/20 Print Name Date Pelican Bay Services Division 1801 Laurel Oak Drive,Suite 3021 Naples,Florida 34108 1Tel.239-5974749 Ear..2397597-4502 Bay Colon Swale Restoration ABB PN: 17-0078 BCS 16-Mar-20 Bay Colony Swale Restoration (Re-Bid) ITEM DESCRIPTION QUANTITY UNIT UNIT COST$ SUBTOTAL $ 1 Contractor Mobilization 1 LS $62,252.77 iwr , 2 Landscaping and Debris Removal-Offsite 850 CY $7.32 3 Swale Perimeter Fencing and Placement(landward side) 2000 LF $2.04 f 4 Erosion and Sedimentation Control,Inlet Protection 1 LS $1,698.91 zx .e 5 Initial Clearing of Swale Alignment 2,300 SY $50.30 w' 4IV., 6 Swale Alignment Grading and Excavation 850 CY $144.56 7 Turbidity Barrier @ North Outfall(Double Row) 80 LF $10.92 8 Landscape Replacement(Sod,Native Vegetation/10'wide) 15,000 SF $0.34 t. 9 Rip-rap(6"-8")Slope Treatment with Geotextile Underlayment 45 SY $153.80 r•as L I 10 TOTAL $325,714.28 Prepared by: AGNOLI BARBER AND BRUNDAGE,INC C:\Users\Marcie Cohen\Documents\Proposals\Collier County Government-2020114-6213,Re-bid Bay Colony Beach Dune Swale, 03.16.201Bid-Tabulation-Bay-Colony-Beach-Dune-Swale-Rebid-3-2-2020(1) ci o 04 5 •o za m CJ cA s 0 cu Z z 2 0 a 0 4_, z O 0.. Ge C O R 7 F C c 10 ta) OD a = c O L O z CJ v, y Ca G = ciD z 3 Cli = c O I=1 v 0 Oa o p, x M i N O O Wn >"• N N N 69 7R 0 — p M � a N CQ 4 64 U 7 L 2 U c oo 0 0 0 c O M O O d O Cl N N O O c..) C H Ca cC u u E c) LL r3 _ N › ... C Cl ,,, N _ / N O 0 OvF4 . p ct C F v NCC D m w Q U > T L. C W E.r 6. E- OQ E v I= dQ CA ca OE 3094 Mannix Drive Suite 216 LETTER OF TRANSMITTAL Naples,Florida 34114-5406 Tel: 239-435-7200 Fax: 239-435-7202 DATE 03/27/20 JOB NO. QUALITY ENTERPRISES RE: Collier County U S A , I N C . TO: Ms.Lisa Jacobs Bay Colony Beach Dune Swale Restoration Project Manager Collier County Pelican Bay Services Division WE ARE SENDING YOU: X Attached ❑ Under separate cover via the following items: ® Shop drawings Ei Prints Ei Plans Samples ❑ Specifications • Copy of letter ❑ Change order QX Other COPIES DATE SUB NO. DESCRIPTION 2 Payment and Performance Bonds 1 Hampton Roads Letter H1ESE ARE TRANSMITTED as checked below: X❑ For approval 0 Approved as submitted ❑ Resubmit copies for approval 111 For your use D Approved as noted fl Submit copies for distribution ❑ As requested 0 Returned for corrections 0 Return corrected prints D For review and comment n O For BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Lisa-Please review letter from Hampton Roads Bonding regarding the dating of the bonds. Once executed and dated,please provide a copy for our file. Thank you COPY TO SIGNED: Mr.Louis J.Gaudio Vice President Hampton Roads Bonding 1080 Laskin Road,Suite 204 Virginia Beach,VA 23451 HAMPTON ROADS BONDING +1 757 491 1100 fax+1 757 491 3134 A Marsh&McLennan Agency LLC Company www.hrbonding.com March 23, 2020 Board of County Commissioners Collier County, Florida 3925 Tamiami Trail East Naples, FL 34112 Re: Quality Enterprises USA, Inc. —Bond No.9346572 ReBid Bay Colony Beach Dune Swale Restoration Contract Number: 14-6213- To Whom It May Concern: I, Terri K. Strawhand, Notary Public, for the City of Virginia Beach, hereby authorize Collier County to input the contract date on the performance and payment bonds once it has been established by the county. Sincerely Terri K. Strawhand 000 MARSH&MCLENNAN AGENCY EXHIBIT A PUBLIC PAYMENT BOND Bond No. 9346572 Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg, IL 60196 Business Address) are held and firmlybound to Collier County Board of County Commissioners as Oblige in the sum of hree Hundred Twenty Five Thousand Sevn 325,714.28 g ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal represen atives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for ReBid Bay Colony Beach Dune Swale Restoration-Contract Number: 14-6213 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 23rd day of March , 2020 , the name of under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered .'• the pre - ce of: PRINCIPAL: Quality Enterprises USA,Inc. Ma garita egron � -� Witnesses as to Principal Ty Somaru Name: Louis J. Gaudio Its: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 25th of March 20 , by Louis J. Gaudio , as Vice President of Quality Enterprises , a Virginia corporation, on behalf of the corporation. He/she is personally known to me OR has produced N/A as identification and did (did not) take an oath. My Commission Expires: d I tt l a— (Signature of Notary) o '?' MARCIE L.COHEN MYCOMMISSION#GG152066 Name: Marcie L. Cohen o EXPIRES:February11,2022 (Legibly Printed) "4.gr;(,tP' Sanded Thru Notary Public Underwriters A • S Notary Public, State of Florida Commission No.: GG152066 Page-12- (C. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) ORFidelity and Deposit Company of Maryland �' (a, u} A o r�` A (� � As Attorney in Fact (Attach Power of Attodney) Witnesses D niel J.Grygcl 1299 Zurich Way,Schaumburg,IL 60196 (Business Address) Tammy A.Ward (Printed Name) (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 23rd day of March 2020 , by Tammy A.Ward , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: September 30,2022 JLr/L�, u�'C.Lt/,-1..04, (Signature of Notal !(.G) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia TERRI K STRAWHAND Notary Public Commission No.: 247448 Commonwealth of Virginia Reg.#247448 My Commission Expires 913012022 Page-13- ;G EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond N0. 9346572 Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA,Inc. , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, located at 1299 Zurich Way,Schaumburg,IL 60196 (Business Address) are held and firmly bound to collier County Board of County Commissioners , as Oblige in the sum of Three Hundred Twenty Five Thousand Seven Hundred Fourteen Dollars and 28/100 ($ 325,714.28 ) 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 ReBid Bay Colony Beach Dune Swale Restoration in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys'fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page-14- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 23rd day of March , 20 zo , 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 e • es- - ofi PRINCIPAL: Quality Enterprises USA,Inc. Margarit egron Witnesses as to Principa Ty Somaru Name: Louis J. Gaudio Its: Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 25thday of March 20 20 , by Louis J. Gaudio , as Vice President Of Quality Enterprises USA, Inc a Virginia corporation, on behalf of the corporation. He/She is personally known to me OR has produced N/A as identification and did (did not) take an oath. My Commission Expires: 2dif-Lec: Olit-� (Signature of Notary) ;;<' e�¢;•• MARCIE L COHEN . MY COMMISSION#GG 152066 Marcie L. Cohen .,&,` $F EXPIRES:February 11,2022 Name: sRr:it RondedihruNotary Public Underwriters (Legibly Printed) Notary Public, State of Florida Commission No.: GG152066 Page-15- ' >: ATTEST: SURETY: (Printed Name) (Business Address) • (Authorized Signature) Witness as to Surety (Printed Name) 9fidelity and Deposit Company of Maryland 164 As Attorney in Fa (Attach Power of Attorney) Witnesses Daniel J.G go 1299 Zurich Way,Schaumburg,IL 60196 (Business Address) Tammy A.Ward (Printed Name) (Telephone Number) STATE OF Virginia COUNTY OF Virginia Beach The foregoing instrument was acknowledged before me this 23rd day of March , 2020 , by Tammy A.Ward , as Attorney-in-Fact of Fidelity and Deposit Company of Maryland , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: September 30,2022 ,+t../I,,(,i A CitGC(U`-F-a'd'd (Signature of Notary) Name: Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Virginia TERRI K$TRAWHAND Commission No.: 247448 Notary Public Commonwealth of Virginia Reg.#247448 My Commission Expires 9/30/2022 Page-16- i, 1rJ) Bond Number 9346572 Obligee CoILCrCounh Rnardarromh CmommtaI.R ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Tammy A.Ward , its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4EAL1 By: Robert D.Murray 0.0a�7 Vice President >tM ga By: Dawn E.Brown ati woe jar Secretary #,,,,, State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. : i 1 >i ��,.�U1yj),•5�,' Constance A.Dunn,Notary Public %0,-))44.•s'Zi��;$ My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances,stipulations,undertakings, or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 23rd day of March ,,(,3 2020. Fra se•os� ws: v� tb C .+0""°'k.a ,w 7 ggAL iZ I L t Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimszurichna.com 800-626-4577 w a s a 7400 Trail Blvd., Suite 200 .": i P GNOLI Naples, FL 34108 sankin """ PH: (239) 597-3111 111111111111 1111r & www.ABBENC.com exissunD :'" RUNDAGE, INC. t'a.G.+u+nal[ngincen,Planners,Sur re\-or,`Land,cape Arihitccts Certificate of Authorization Numbers:EB 3664•LB 3664•LC26000620 March 17,2020 Lisa Jacob, Project Manager Via email to Lisa.Jacob@colliercountyfl.gov Collier County Pelican Bay Services Division 801 Laurel Oak Drive, Suite 302 Naples,FL 34108 Re: Award Recommendation Bid 2003-008-Contract 14-6213-Bay Colony Beach Dune Swale Restoration Dear Ms. Jacob: Bids were received for the above-referenced project by Collier County on March 16,2020. The project includes the earthwork,grading and site preparation for the Bay Colony Dune Swale Restoration. The following contractors submitted bids for consideration: • Quality Enterprises USA, Inc. Upon review of the bid, it was determined by Collier County that the bid was considered responsive. The apparent low bidder, as verified by the completed Construction Bid Tabulations, is Quality Enterprises USA, Inc. with a bid of$325,714.28. The bid appears to be complete and consistent with the intent of the technical specifications and was approximately 31%below the Engineer's Opinion of Probable Cost. Quality Enterprises USA, Inc. is registered with the Florida Department of Business and Professional Regulation as a Certified General Contractor and a Certified Underground Utility and Excavation Contractor,which registrations are current and active. Quality Enterprises USA, Inc. is a qualified firm to conduct the requested work and we, therefore, recommend that they be awarded the contract for the Bay Colony Beach Dune Swale Restoration project in the amount of$325,714.28. Should there be any questions, please feel free to contact our office. Sincerely, AGNOLI, BARBER& BRUNDAGE, INC. Lilies A. Carr,P.E. Senior Vice President&Project Engineer JAC/drr K:\2017\17-0078-BCS Bay Colony Swale Restoration\Correspondences\Documents\Construction Documents\Award\ELORA 3.17.20.docx idst SOUTH FLORIDA WATER MANAGEMENT DISTRICT Regulation Division December 5, 2019 Douglas Esson, President Bay Colony Community Association, Inc. 8700 Bay Colony Drive Naples, FL 34108 Subject: Correction to Exemption Issued Exemption No. 11-101841-P Project Name: Bay Colony Swale Restoration Collier County This is to notify you that the exemption issued on August 13, 2019 had an incorrect Exhibit No. 2.0 attached. The enclosed permit has been revised to correct this error. I am sorry for any inconvenience this may have caused you. If you have any questions, please do not hesitate to contact this office. Sincerely, Melissa M. Roberts, P.E. Service Center Administrator South Florida Water Management District Enclosure: Corrected Exemption cc: James Carr, PE, Agnoli, Barber & Brundage, Inc Neil Dorrill, Pelican Bay Services Division Jeremy Sterk, Earth Tech Environmental LLC 1101 Gun Club Road,West Palm Bach.Florida 11.106•(561)686-8800•1-800412-2045•+.w‘c chti nxi go,. a� , SOUTH FLORIDA WATER MANAGEMENT DISTRICT y�Qos.�-:`c/� Corrected Copy December 5, 2019 August 13, 2019 *Delivered via email Douglas Esson, President* Bay Colony Community Association, Inc 8700 Bay Colony Drive Naples, FL 34108 Subject: Exemption for Bay Colony Swale Restoration Application No. 190415-1339 Exemption No. 11-101841-P Collier County Dear Mr. Esson: The South Florida Water Management District (District) reviewed the information submitted for the proposed existing swale maintenance and has determined that the proposed project is exempt from the requirement to obtain an Environmental Resource Permit, pursuant to subsection 373.406 (6), Florida Statues. The applicant is proposing a maintenance program for the Bay Colony Dune Swale. The maintenance work will be carried out within the limits of the existing drainage easement and will follow the general swale alignment. Please refer to the Stormwater Maintenance Plan (Exhibit No. 2.0), and Dune Swale Maintenance Plan (Exhibit No. 2.1) for guidelines. The District has determined the activities outlined in the submitted plan will have minimum impacts to the environment and will significantly restore the drainage in the area thereby reducing flooding events currently being experienced. Activities that qualify for this exemption must be conducted and operated using appropriate best management practices and in a manner which does not cause or contribute to a water quality violation. Pursuant to Chapters 62-302 or 62-4, Florida Administrative Code. This letter does not relieve you from the responsibility of obtaining other permits (federal, state or local) which may be required for the project. The determination that this project qualifies as an exempt activity may be revoked if the installation is substantially modified, if the basis of the exemption is determined to be materially incorrect, of if the installation results in violation to state water quality standards. Any changes made in the construction plans or location of the project may necessitate a permit from the District. Therefore you are advised to contact the District before beginning any work in wetlands which is not specifically described in the submittal. The notice of determination that the project qualifies as an exempt activity constitutes final agency action by the District unless a petition for administrative hearing is filed. Upon timely filing of a petition, this Notice will not be effective until further Order of the District. 3301 Gun Club Road,West Palm Beach,Florida 33406•(561)686-8800• 1-800-432-2045•www.sfwmd.gov Corrected Copy December 5, 2019 Bay Colony Community Association, Inc Bay Colony Swale Restoration, Application No.190415-1339 August 13, 2019 Page 2 If you have any questions concerning this matter, please contact Kimberly McNeely, at (239) 338-2929 x7739 or kmcneely@sfwmd.gov, and Errol Noel, Engineering Specialist 3 at (239) 338-2929 x7736 or enoel@sfwmd.gov. Sincerely, %,\,.1 .ftuiltali Melissa Roberts, P.E. Administrator, Environmental Resource Bureau c: James Carr, PE, Agnoli, Barber & Brundage, Inc * Neil Dorrill, Pelican Bay Services Division * Jeremy Sterk, Earth Tech Environmental LLC * Exhibits The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below or by visiting the District's ePermitting website (http://my.sfwmd.gov/ePermitting) and searching under this application number 190415-1339. Exhibit No. 1.0 - Location Map Exhibit No. 2.0 - Stormwater Maintenance Plan Exhibit No. 2.1 - Dune Maintenance Plan NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e- mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Rev.11/08/16 1 Additional filing instructions are as follows: . Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. . Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. . Filings by e-mail must be transmitted to the Office of the District Clerk at clerk(c�sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: 1.Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2.The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3.An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4.A statement of when and how the petitioner received notice of the SFWMD's decision. 5.A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6.A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7.A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8.If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9.A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions setforth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev.11/08/16 2 -. --.;—',„>2.---t--- I. ,.-,-,.. ,., _ 11111111111111 ''' �'. .- O :?i fie �, '7-44. f k'A `•, ? ,,,,,,,,,sic*,_-.,..-._."-x c s. rn 7p BEACH R:- .4.,;,....1.0P V Via. 3 4..'r,� - AND S , .:It:. �. (� ,ERBILT BEACFj RD >t f . 41; Y "ma A k4 \ * 0 •`�. E i tt' fit til` :• a C r- SK' ' a: Is { o WT. .fpr, It1y� -- rp,-\ I -` :. p Aa.Y . y • 1 T 4 . ' 4. - '1' . r 71 "S. '1.; f s i I Nt + k4 1 �+1 y' v. a .' 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' S310N 4 SIIV130'NV7d 70NLNO3 NOISON3 e r al e 46 � DNI'30VONIINg SNV7d 33NVN31NWI 37VMSAN0703AV8 E y b W yI70N�� 131MLSIO 1N3W3AON ”dIW AVG NV3173d +um. 1 . e ,U N 3 d i a t I is:' tle Ee01Y Y:F S- as '` LL i s 6 „ ,„ ,Ld 2 , / z.,\N KIseu• -r=,... • : , I 2 al 11 2 Sg. SP 2 ug a Z 5: of ; - m of _)/_:,, i Et l3 , p 1 00 v i dT rP ' o II 5 "F. 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To maintain flow within the swale, a reconfiguration of the swale limits is proposed,followed by regular management activities: Reconfiguration of Swale Construction Related Activities Please refer to the signed and sealed engineering plans for design specifics related to the initial swale improvements. The width of the improved swale will vary depending on habitats and horizontal constraints,see engineering plans for a range of proposed (post construction)widths. Areas of the swale that are re-graded or reconfigured are not expected to be replanted. The areas will be stabilized according to the engineering plans and allowed to recruit naturally. Maintenance as outlined below will prevent recruited vegetation from getting out of control and clogging the swale. Management Activities Swale maintenance will be limited to the margins of the reconfigured swale, specifically top of bank to top of bank. The proposed limits are identified on the signed and sealed engineering plans as well as the attached Florida Land Use Cover and Forms Classification System (FLUCCS) map. Exotic&Nuisance Vegetation Management All Category I and II invasive plant species as defined by the Florida Exotic Pest Plant Council will be controlled within the dune swale. Exotic eradication and maintenance control methods will consist of hand removal, cutting and stump treatment of all woody exotic species, and/or hand pulling. A licensed Florida Department of Agriculture and Consumer Services (FDACS) herbicide applicator will supervise activities. All tree stumps that are cut will be treated with a U.S. Environmental Protection Agency(EPA) approved herbicide and visual tracer dye. Active ingredient Imazapyr is not permitted within NRPA. The Contractor is to provide copies of all labels on the actual herbicides utilized on this project prior to commencement of any work conducted within the dune swale. The swale subject to inspection following an exotic and nuisance maintenance event. The Contractor will be required to provide daily treatment reports that correspond with GPS points of specific treatment areas shown on an aerial map, targeted species with the chemicals used,their quantities and application methods. Additional nuisance species to be removed include; Cattail (Typha spp), common reed (Phragmites australis), dog fennel (Eupatorium capillifolium), Spanish needles (Bidens alba), and common ragweed (Ambrosia artemisiifolia). In order to prevent smothering and additional biomass in the swale area, additional vines to be treated within the swale will include white vine (Sarcostema clausum), climbing hempweed (Mikania scandens), Virginia Creeper(Parthenocissus quinquefolia),grapevine(Vitis rotundifolia),and morning glory(Ipomoea purpurea). Exhibit No. 2.1 Application No. 190415-1339 Page 1 of 3 earth 406 Removal of Fallen Debris and Trash Any accumulated trash and refuse will be hand removed from the swale during each maintenance event. Trees, limbs, fronds and other debris that has fallen to the ground within the swale will be removed (by hand)during each maintenance event. Removal of Recruited Vegetation Water flow within the swale will be maintained by keeping new trees and shrubs from rooting within the swale limits. During maintenance events, mangrove propagules and other seedling trees will be pulled and removed from the swale to prevent further establishment. Management Schedule Maintenance activities will be conducted in perpetuity to ensure that the total coverage of exotic and nuisance plant species(those species currently identified by the FLEPPC's list of invasive plant species and incorporated herein by reference)constitute no more than 5%total coverage between treatment events. The swale will be exotic-free shortly after each herbicidal treatment event. Periodic assessments of the swale will be conducted no less than semi-annually to identify any swale blockages that will require the attention of the maintenance crew. Periodic maintenance will be performed no less than semi-annually, or as appropriate for the species in question,to maintain flow and treat any exotic or nuisance plant species. Exhibit No. 2.1 Application No. 190415-1339 Page 2 of 3 t H' } fi_._...R ;. \,•i.' ' - ♦ L " • Swale Pre 8 Post � , ' Pr Swale W J i ,1 . ; Proposed Swale Limits(Baud on Field Stakes) ♦• � ' MATCHLINE M!` FLUccI slapping 5 I / `,. ,A''Btu f' i ) •.: \ • / c ' 414 ., ,e . .... ,,i„,. .,., , .. ,,,f , ..0*. ' . \: ‘.i �'l'...* .uw. , 13z .- All \ �j,4s' +'' ate ,� li . � 1 .i , �'a irs. w. 6,z re • ,. ♦ v ., z'; ;� �- t ' r 'I r t .. :1i '.a1 \kit I :35.',... ;fir* i A. r r 612Al .iv'y';" ."' i 4 1y` ,! -.,, •. L e,' 1j. • -. •,. :r: y, ��S f I ♦ ' -lit. Z *i r +� r. pr.,~.Y .4. 0 EBF I ♦ ,/ tbMex,co` _i V ="'. , fr ti •i Golf -__ Mexico 37.5s so 'Ri • MATCHLINE Gu Feet .�1,,7 1' of Mexico MATCHLINE• xi ' ,,• atth roc BAY COLONY SWALE �' h EAR TM 'E HA ENV:R:?N Y.Eti'TAL LLC El BAY COLONY . OGNITA SPRINGS corn 3413 v www etarlP.,da.c PHONE (239, 301 0030 FAA(,,? 3 080819 N/A lmlrenmmkal,Ltf. Exhibit No.2.1 Application No.190415-1339 Page 3 of 3 AGREEMENT 14-6213 for Underground Utility Contractors THIS AGREEMENT is made and entered into this ?-4-t day of Julyy , 2014, by and between the Board of County Commissioners for Collier County, Florida, a political Subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Quality Enterprises USA, Inc., as a authorized to do business in the State of Florida, whose business address is 3894 Mannix Drive, Ste 216, Naples Florida 34114 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The Contract shall be for a period of twenty-four (24) months. The contract shall be for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that date, or until such time as all outstanding Work Orders/Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. This contract shall have two (2) additional, two (2) year renewals. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed six (6) firms to be qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete Underground Utility services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #14-6213 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. In each Request for Quotation. the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. All Contractors awarded within the two (2) categories (Field/Underground Utilities & Plant/Facility Utilities) are required to perform within the on call rotation. The Department of Procurement Services and the Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call week" it shall be the responsibility of the Contractor to arrange an exchange of weeks. This Contract is divided into two (2) categories, Field/Underground Utilities and Plant/Facility Utilities. Category Contractors . Mitchell & Stark Construction Co., Inc. Field/Underground Douglas N. Higgins Inc. Utilities Quality Enterprises USA, Inc. Kyle Construction, Inc. Haskins, Inc. Southwest Utility Systems, Inc. Page-1- Category Contractors Mitchell & Stark Construction Co., Inc. Douglas N. Higgins Inc. Plant/Facility Utilities Quality Enterprises USA, Inc. Haskins, Inc. Procedures— Non Emergency Work The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of$50,000 (or current County bidding threshold) or less is outlined below: 1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a relatively even distribution of work. Completion time and the collection of liquidated damages may be specified in the Quotation. 2. Contractor shall respond with the information and/or proposal sought within seven (7) business days, or as specified in the Summary of Work. 3. Issuance by Owner of a numbered Work Order/Purchase Order. (The Work Order number is the same as the Purchase Order number.) Procedures for projects with a value of$50,000 to $200,000 are as follows: 1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of liquidated damages may be specified in the Quotation. 2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Request for Quotation. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order/Purchase Order. Procedures for projects with a value of$200,000 to $750,000 are as follows: 1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be required and shall be provided within ten (10) business days after notification of award. 2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or as specified in the Request for Quotation. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order/Purchase Order; Board of County Commissioners approval is required. 3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1) Contractor designated for a one (1) week period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded a contract as a result of RFP #14-6213. The annual schedule will be developed at a meeting of all selected Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3) months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this contract, this Contract may be subject to termination. Page-2- 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 5. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Quality Enterprises USA, Inc. 3894 Mannix Drive, Ste 216 Naples, Florida 34114 Phone: (239)435-7200 Fax: (239)435-7202 Attn: Louis J. Gaudio, V.P. Igaudio a(�.ge-usa.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES: In compliance with Section 218.60, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. B. 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 Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the Page-3- \0 County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and 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. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is Page-4- r' J. determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. BONDS: A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration, the Contractor(s) may be required to provide Payment and Performance Bonds. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or(g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS: A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. _. Page-5- ! .7 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. 18. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an 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, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Page-6- Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to 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. 24. TESTS AND INSPECTIONS: If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK: A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 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 Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page -7- 'q 27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work(or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative punch list of items (if applicable) to be completed or corrected by Contractor before final payment. 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 punch list. 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, the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "Be. (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice of acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above 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. Page-8- When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Public Utilities Division. 30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14-6213, any addenda, any Quotation/Work Order/Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations/Work Order/Purchase Order. 31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, 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 contract held by the individual and/or firm for cause. 32. SUBJECT TO APPROPRIATION: It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 33. SALES TAX: Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 35. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 38. SECURITY: If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. Page-9- 39. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the 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. 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. 40. 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 department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ******* Page-10- ' '� IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock,Clerk of Courts gy- ^— ' R� - By: t: Tom Henning, Chairm Dated, (..)Li ''. Seal Attest alto.Chamtt• an' ' signature only. Quality Enterprises USA, Inc. Contractor i_ei , i / tdgi _&'' ._c ge _______ ,_____ , ________ First With, s Signature Susan J. Schultz Louis J. Gaudio, Vice President Print Name and f Title Print Name and Title 7 r , , .4L,c`K ._l Second Witness Marcie Cohen Print Name and Title App ved a to FNm and Legality: 6// J,, L bounty Attorney vu/yi (c-",,, Page-11- \`�' EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That_ , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. 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. 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 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) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-12- 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 this _day of 20_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did(did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 1 Page-13- }�'` EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys'fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page-14- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. 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 this day of 201_, 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) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-15- ` ; 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 this day of , 20 , by . as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-16- EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page-17riD - EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. 14-6213 (County Department) Project No. Collier County Board of County Commissioners (the OWNER)or Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractors 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-18- EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 14-6213 BCC Date: Agenda Item: TO: Name of Contact; Company Name; Company Address DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated , 20 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit FOR THE (Additive) (Deductive) Sum of: $ ($ );write out in words. Original Agreement Amount $ Sum of Previous Changes $ This Change Order add or deduct $ Present Agreement Amount $ The time for completion shall be increased or decreased by calendar days due to this Change Order. Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Prepared by: Date: name, Project Manager department name Approved By: Date: name, Design Professional (may not apply) firm name Accepted by: Date: firm-principal's signature, name &title firm name Approved by: Date: Department Director, Department Approved by: Date: Division Administrator, Division Cr�J Page-19- A ----..10------ ,----41 , DR ® CERTIFICATE OF LIABILITY INSURANCE 7/22014 DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). { PRODUCER -COOMEACT rRutherfoord Rutherfoord PHONE WC.No,Ext1c757-456-0577 �(Arc,No1:757-456-5296 222 Central Park Avenue ADDRESS:certificates rutherfoord.com Suite 1340 rtificates@rutherfoord.com Beach VA 23462 INSURER(S)AFFORDING COVERAGE NAICI INSURER A:Chartis Specialty Insurance Company 26883 INSURED INSURER B:First Liberty Insurance Corporation 33588 Quality Enterprises USA Inc& INSURER C:LM Insurance Corporation 33600 Quality Environment Co. INSURER 0:Liberty Mutual Fire Ins Co 23035 3894 216 Drive INSURER E American Guarantee and Liabili In 26247 Suite 216tY Naples FL 34114-5406 INSURER F: COVERAGES CERTIFICATE NUMBER:627343872 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP LIMITS LTR, INSR WVD POLICY NUMBER I IMMIDD/VYVY) IMM/DDIYYYY) C GENERAL LIABILITY TB7Z91449711034 711/2014 7/1/2015 EACH OCCURRENCE $1,000 000 )( DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY n JECT P LOC I $ D AUTOMOBILE LIABILITY711/2014 7/1/2015 COMBINED SINGLE LIMI ASJZ91449711014 1Ea accident_ $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ — ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOX HIRED SAUTOS X NOTOS N-OWNED PROPERTY DAMAGE $ _ AUTOS IPer accident) X Comp $1000 X Coll$1,000 $ E UMBRELLA LIAB X J OCCUR AUC017426600 7/1/2014 7/1/2015 EACH OCCURRENCE 55.000,000 X EXCESS LIAB 1 CLAIMS-MADE AGGREGATE .$5,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION WC6Z91449711024 7/1/2014 7/1/2015 X WC STATU- OTH- ANDEMPLOYERS'LIABILITY TORY LIMITS ER _..__. ANY PROPRIETOR/PARTNER/EXECUTIVE r7 E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ' I N I A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $1,000.000 O es,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE•POLICY LIMIT $1,000,000 A Pollution Liability renewal ofCPO025895025 7/1/2014 7/1/2015 1,000,000 each claim 1,000,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE: For Any and all County projects Collier County Commissioners are included as additional Insureds under the General Liability policy as respects to work performed by the insured,as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners of Collier County,Florida ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE 0.1),....,› rh,. C21 mut).* 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD EXHIBIT A-1 Contract Amendment#2 to Contract#14-6213 "Underground Utility Contractors" This amendment, dated _ , 2016 to the referenced agreement shall be by and between the parties to the original Agr ment, Quality Enterprises USA, Inc. (to be referred to as "Contractor") and Collier County,Florida,(to be referred to as"Owner"). Statement of Understanding RE: Contract#14-6213-"Underground Utility Contractors" In order to continue the services provided for in the original Agreement document referenced above, the Contractor agrees to amend the Agreement as stated below. This Amendment shall be retroactive to the original date the Board approved the Agreement. Change#1: Section 4 THE CONTRACT SUM, is hereby amended as follows: 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation and the price methodologies as defined in Section 4.1. The Contractor will be compensated for time and material work, including material and specialty equipment markup, either for emergency or non-emergency work, in accordance with the rate sheet attached hereto as Exhibit Al-A and is hereby incorporated by reference. Markup for subcontractors shall not exceed ten percent (10%). Exhibit Al-A is only applicable to time and material projects. 4.1 Price Methodology: 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 mark up). 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. 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 required). All other terms and conditions of the agreement shall remain in force. Page 2 of 2 Note: Language deleted has been struck through. New language has been underlined. IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person or agent, have executed this Amendment on the date(s)indicated below. Accepted: 61 Co2016 Contractor First Witness: OWNER: By: 6. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA Larry Benjamin Print Name By: _ , --- _ Contractor Second Witness: oanne 1%,Iii rkiewicz (-)7,, / Di -• ,Procurement Servide: 6t i y By: 1''tiz.C.4 61)4,4,k____ Marcie Cohen CONTRACTOR: Print Name Quality "/ prise USA, Inc. pr fsi2Formrnd L1egality: By: r Y!/4-44-4-- By: d J. Murrell, President Assistant County Attorney Print Name and Title biPpl Page 2 of 2 Note:Language deleted has been struck through. New language has been underlined. StCount , Administrative Services Department Procurement Services Division 3/05/18 Mr. Larry Benjamin Quality Enterprises USA, Inc. 3894 Mannix Drive, Ste#216 Naples, FL 34114 Email: Lbenjamin@Qeusa.com RE: Contract Renewal for# 14-6213 "Underground Utility Contractors" Dear Mr. Benjamin: Collier County would like to renew the above contract under the same terms and conditions for an additional two (2)year period in accordance with the renewal clause in the contract. If you are agreeable please indicate your intentions by providing the information requested below and executing the acceptance section: x I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. I am not agreeable to the renewal of this contract. By executing the section below, this contract will be in effect from 07/08/18 until 07/07/20. s,' tA,ccep�.� o�, rac���1I'� �, 1 2 r Company Name Quality Enterprises USA. Inc. Companyi Signature �� Print Name Louis J. Gaudio. Vice President Signature Date 3/19/18 r Proaamnent Services Division•3295 Tamiami Trail East•Naples,Florida 34112-4901,www.coiliergov.netJprocurementservices Page 2 of 2 RE: Contract Renewal for# 14-6213 "Underground Utility Contractors" • :!!,f3,0,'.0.•d Con l s.f, CTO-4-W Contact Name Louis J. Gaudio, Vice President Telephone 239-435-7200 Number FAX Number 91_9-41S-7909 Email Address LGAUDIO@QEUSA.COM **** Mailing Address: 3494 Shearwater Street Naples, FL 34117-8414 Collier County Procurement Services is pleased to announce, it has partnered with BidSync to erovide Free web-based Biddin_ services to its vendors, suppliers and contractors. g "A1iafjoi:`11vqWitita_r ;pi%+*. Register today at www.bidsync.corn. For Registration Assistance,please contact BidSync customer service at 800-990-9339 Or email: support@bidsync.com Please return this letter to the Procurement Services Division with your response no later than 3/12/18. You may email your response to: email renewalscollierqov.net. If you have any questions you may contact me at 239-252-8407. Respectfully, sandraherrera@cot Digitallysignedhy /// andrahcrrcra@colliergov.net liergov.net /--br cn=sandraherrera@coIIiergov.net l 1 Date:2010.03.051153:45-0500' Sandra Herrera Procurement Contract Manager— Procurement Services Division C: Pam Libby, PUD 01•11•11H 7400 Trail Blvd., Suite 200 Naples, FL 34108 ••R••b PH: (239) 597-31 1 1 """ ARBER & •••111111111Pwww.ABBINC.com ■■■••■b :::::::BRUNDAGE, INC. Professional Engineers,Planners,Surveyors&Landscape Architect. f.ei;;^ _ .. _,'.t ..., 3 ,_ ooa•._ 00:;0620 April 8, 2020 Via email to Lisa.Jacob@colliercountyfl.gov Lisa Jacob, Project Manager Collier County Pelican Bay Services Division 801 Laurel Oak Drive, Suite 302 Naples,FL 34108 Re: Contract 14-6213 -Bay Colony Beach Dune Swale Restoration Dear Ms. Jacob: The Bay Colony Beach Dune Swale is a drainage swale that is the only conveyance for stormwater runoff from six high-rise buildings within Bay Colony to the outfall into Clam Bay. The swale is an open drainage area between the residential high rises and the beach dune. Over the past several years, the existing swale has silted in and has been taken over by vegetation. Exotic species were recently removed from the swale,which opened the area for additional cleaning and maintenance of the existing drainage easement. This project has been expedited so far in order to complete the work as soon as possible and before the rainy season. Residential parking lots and parking garages have flooded in past wet seasons due to the restricted conveyance of water through the swale. The South Florida Water Management District issued a non-compliance notice in 2018 requesting PBSD to correct deficiencies in the swale flow that affected upstream properties.The swale maintenance project needs to move forward as soon as possible in order to undertake and complete work during the remainder of this dry season. Sincerely, AGNOLI, BARBER& BRUNDAGE, INC. Jam-s"A. Carr, P.E. Senior Vice President& Project Engineer JAC/drr K:\2017\17-0078-BCS Bay Colony Swale Restoration\Correspondences\Documents\Construction Documents\Award\Recommendation to Expedite Letter 4.8.20.docx