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#14-6213-135 (Quality Enterprises USA, Inc.)WORK ORDER/PURCHASE ORDER Contract 14-6213 - Underground Utility Contractors Contract Expiration Date: ftriy 7, 2020 01 /03/2021 This Work Order is for underground utility work known as: Project Name: Goodlette Rd. Ditch Pilot Project No: 50186 Note: Contract Expiration has changed to 1/3/21. This was done after all signatures were collected for this accela item. Lt The work consists of earthwork/grading and installation of HydroTurfz along the west side of the Goodlette-Frank Stormwater Conveyance Ditch from Pompei Lane south for a distance of 4,863 feet. Details of this work are specified in RFQ 14-6213-135, 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: The contractor shall reconstruct and stabilize approximately 1,621 square yards of stormwater ditch bank area on the west side of Goodlette-Frank Road with a synthetic revetment system called I IydroTurtZ. Schedule of Work: Complete work within 120 days from the date of the Notice to Proceed which is accompanying this Work Order. The Contractor agrees that any Work Order that extends beyond the expiration date of Agreement 4 14-6213 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 contract 14-6213, the County will compensate the Firm in accordance with following method(s): ®Negotiated Lump Sum ❑Lump Surn Plus Reimbursable Costs ❑Tirne & Material ❑Cost Plus Fixed Fee, as provided in the attached proposal. TOTAL FEE $426,100.30 PREPARED BY: `�._ w , / u � — 4- ` -2-0 Gerald N. Kunz, P.E., Principal Project Manager Date i APPROVED BY: 0kqq"-' I ; < Z�`y �_' 3 — 2 C7_ Amy Patters , Director Date Capital roiect Planning, Impact Fees & Program Management APPROVED BY: Thaddeus L. Cohen, Department Head I iDat-c Growth Management Department 1 of 3 y'Y V 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. Louis I Gaudio, Vice President Date (Remainder of page intentionally left blank) 2 of 3 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Work Order on the date and year first written below. ATTEST: Crystal K;.Kinzel, Clerk of Courts 0t;tF�0 . A ved as t rm d Legality: <, Deputy County Attorney Scott R. Teach BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , 4W . Burt Saunders, Chairman 3 of 3 e� U 19080FL-1 Collier: Goodlctte Rd Ditch W- Scaled Kevin Salaoutis 02/10/2020 1:59 PM BID PROPOSAL Biditem Description Quantity Units Unit Price Bid Total 10 Earthwork (Grading) 210.000 CY 240.00 50,400.00 20 HydroTurfZ; 1,621.200 SY 155.00 251,286.00 30 Dewatering & Bypass Pump 0.800 LS 23,683.00 18,946.40 40 Erosion Control 1,400.000 LF 3.25 4,550.00 50 Demo Rip Rap Below Existing Flumes 3.000 LS 1,662.00 4,986.00 60 Side Drain Penetration 1.000 EA 2,844.00 2,844.00 70 Maintenance of Traffic 0.700 LS 23,177.00 16,223.90 80 Mobilization 0.800 LS 69,830.00 55,864.00 90 Allowance 1.000 LS 21,000.00 21,000.00 Bid Total $426,100.30 EXHIBIT A PUBLIC PAYMENT BOND Bond No. 9346563 Contract No. 14-6213 KNOW ALL MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. as Principal, and as Surety, located at 1299 Zurich Way, Schafnburg, IL 60 96 1Bu�neaSs�idre�Ss�Hr�hefd �� firmly bound to Collier County Board of County Commissioners ur un re wen y Ix ousan ne as Oblige in the sum of ,lundred and 30��00 ($426.100.30 ) 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 Goodlette Road Ditch Pilot - 14-6213-135 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 5th day of March 20_ 29 the name of under -signed representative, pursuant to authority of its governing body. Signed., sealed and, delivered the presence of: Marg V )Negzeff-__, Witnesses -as to Principal Isa Carreras STATE OF Florida COUNTY OF Collier PRINCIPAL: Quality Enterprises USA Inc. By: Name: louis J. Gaudio Its: Vice President The foregoing instrument was acknowledged before me this 5th of March 20 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 — Known as identification and did (did not) take an oath. My Commission Expires: 2/11/22 MARCIE L. COHEN MY COMMISSION # GG 152066 EXPIRES: February 11, 2022 Bonded Thru Notary Public Underwriters (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: GG 152066 Page -12- r, �^1�J ATTEST: SURETY: Witness as to Surety Witnesses Devon C. Heath STATE OF Virginia City 9VKAW OF Virginia Beach (Printed Name) (Business Address) (Authorized Signature) (Printed Name) FEWlity and Deposit Company of Maryland -- n. a 2Lna.4 T---� U YA 1- As Attorney In Fack Tammy A. Ward (Attach Power of Attorney) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) Tammy A. Ward (Printed Name) 1-847-605-6000 (Telephone Number) The foregoing instrument was acknowledged before me this 5th day of March 2020 , by Tammy A. Ward as Attorney -in -Fact of Fidelity and Deposit Company of Maryland Surety, o behalf of Surety. He/She is personally known to me Sr?chMmsft and who id i�ntt) take an/,vpth. My Commission Expires: October 31, 2021 (AFFIX OFFICIAL SEAL) KATHRYN SNELL NOTARY PUBLIC REG. #7258943 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT 31, 2021 (Signature of N Name: Kathryn Snell (Legibly Printed) Notary Public, State of Virginia Commission No.: 7258943 Page -13-) EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. 9346563 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 Four Hundred Twenty Six Thousand, One Hundred and 30/100 (� 426,100.30 ) 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 Goodlette Road Ditch Pilot - 14-6213-135 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-i 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 sth day of March , 2020 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of ,rw Mar r-i a roil Witnesses as to Principal Isa Carreras STATE OF Florida COUNTY OF Collier Quality Enterprises USA, Inc. By: Name: Louis J. Gaudio Its: Vice President The foregoing instrument was acknowledged before me this 5th_ day of March 201-2-Q, by Loills T. 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 - Known as identification and did (did not) take an oath. My Commission Ex ires: 2/11/22 MARCIE L. COHEN {: *, MY COMMISSION # GG 152066 P EXPIRES: February 11, 2022 ,'•r`s„pKFyO Bonded Thru Notary Pu§lie Underwriters (AFFIX OFFICIAL SEAL) au-/4 vm'je-� (Signature of Notary) Name: Marcie L. Cohen (Legibly Printed) Notary Public, State Of Florida Commission No.: GG 152066 Page -15- `-,; ATTEST: SURETY: Witness as to Surety Witnesses Devon C. Heath STATE OF Virginia city 19CKM3M OF Virginia Beach (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR-fi fefity and Deposit Company of Maryland As Attorney in Fact(Tammy A. Ward (Attach Power of Attorney) 1299 Zurich Way Schaumburg, IL 60196 (Business Address) Tammy A. Ward (Printed Name) 1-847-605-6000 (Telephone Number) The foregoing instrument was acknowledged before me this 5th day of March 20 20 by Tammy A. Ward as Attorney -in -Fact of Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He/She is perso Ily known to me OACpKKkKxk) xxxxxxxxx xxxxxxxxxxxxxxxxoc)OWXQ#tKX�Wand whoxbiok(di take an oath. n My Commission Expires: October 31, 2021 (AFFIX OFFICIAL SEAL) (Signature of,Nota Name: Kathryn Snell (Legibly Printed) Notary Public, State of Virginia KATHRYN SNELL Commission No.: 7258943 NOTARY PUBLIC REG. #7258943 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT 31, 2021 Page -16-j Bond Number 9346563 Obligee 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 SEAL By: Robert D. Murray «M Vice President A"j°� By: Dawn E. Brown b? 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 swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Q .f Constance A. Dunn, Notary Public 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 5th day of March , 2020 Fop 9EI��� {FG►,sp'�MiSUA_ U^�4t�yi6 SEAL 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.reportsfclaimsnazurichna.com 800-626-4577