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#16-6663 WO (Preferred Materials) WORK ORDER/PURCHASE ORDER Contract# 16-6663 "Roadway Contractors" Contract Expiration Date: March$,2021 X017, This Work Order is for roadway construction services for work known as: Project Name: Oil Well Road Shoulder Improvements—Segment I Project No: 60231.2 The work is specified in the proposal dated August 30,2019,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: Preferred Materials,Inc. Scope of Work: As detailed in the attached proposal and the following: Task I: Oil Well Road Shoulder Improvements—Segment I 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# 16-6663 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 accordance with following method: ® Negotiated Lump Sum (NLS) as provided in the attached Bid Schedule. Task I: Shoulders Improvement $ 596,370.44 TOTAL FEE $596, D 44 PREPARED BY: I... • Julio '. •r e. P f •.. D e Tr spo io I eenng Division APPROVED BY: / /9 Jaya,-PE,D. isionDir ce o7 Date Trans ortation Engineering Division APPROVED Y: (0k95 7 c. "\\ Thaddeus Cohen,Department Head Date Growth Management Department G5 Page 1 of 3 S 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: Prefe ed Ma ; , Inc 440 g/23/7- Robert D. Spillman, ice-President Date Page 2 of 3 0 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 ,. �''��7 BOARD OF COUNTY COMMISSIONERS „0.• ,••,--14161iic of Courts COLLIER COU► •RIDA B �' :f_ �_ ' dP William . McDaniel, ,C air • % �� Dated". w (SEAL) •as to ChaNt118f1's Preferred Materials,Inc. signature only. . First Witness Signature Bethany Casimir Robert D. Spillman,Vice-President T'Type/print witness namet /14- Second Witness Susan Hibbard TType/print witness namet opro•ed a to Fo a d Legality: Ape a_ • u ounty Attorney -Print Name Page 3 of 3 EXHIBIT B PUBLIC PAYMENT BOND C 1 !`;€. Bond No. 8258-55-97 Contract No. 16-6663 KNOW ALL MEN BY THESE PRESENTS! That Preferred Materials, Inc. as Principal, and-__-,-._uFederal Insurance Company_ , as Surety, located at __- 202B Halls Mill Road,Whitehouse Station, NJ 08889 (Business Address) are held and firmly bound Fine Hundred Ninety Six Thousand Three Hundred Seventy Eight to Collier County Purch,_ asin Department as Oblige in the sum of and 941100 Dollars ($ 596,378.94 ) 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 23rd day of September , 2019 with Oblige for Contract#16-6663, Project 60231.1.1 Oil Well Rd(CR 858)Shoulder Improvements Segment 1, Collier County, FL 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 25th day of September , 2019 , the name of under-signed representative, pursuant to authority of its governing body. Page 16 of 29 t16-6663"ROADWAY CONTRACTORS" Preferred Material,Inc I c'` Signed, sealed and delivered in the presence of: PRINCIPAL: Preferred Materials,Inc.. Maze e z By• .- ZT� ... Witnesses as to Principal Beth any`Casimir Name: Robert Sp man Its: Vice President STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 30th of September 2020 , by Robert Spillman , as Vice President of Preferred Materials J LA corporation, on behalf of the corporation. _Lie/she is prmrs.nnally known to mP OR has produced N/A as identification and did (did not) take an oath. My Commission Expires: 12/21/19 (Signature of Notary) :i�:'rr�••, SUSAN J.HIBBARD ' '__ MYCOMMISSION#FF933972 : Susan J. Hibbard ''% 4 ` EXPIRES: dermitas Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of FL Commission No.: FF933972 ATTEST: SURETY: Federal Insurance Company (Printed Name) 202B Halls Mill Road Whitehouse Station, NJ 08889 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) • OR Page 17 of 29 #16-6663"ROADWAY CONTRACTORS" Preferred Material,Inc. ...01°Par Z n.a ee `iPPer S torn 4 Q/.. ._� (Attach Pov, • A orney) —sses / Lisa Hall 15 W. South Temple, Suite 700 Salt Lake City, UT 84101 (Business Address) Tina Davis (Printed Name) 801-533-3624 (Telephone Number) STATE OF UTAH COUNTY OF SALT LAKE The foregoing instrument was acknowledged before me this 25th day of September 20 1. , as 9 byTina Davis Attorney-in-Fact of Federal Insurance Company , Surety, on behalf of Surety. He/She is ersonally known to me OR has produced Driver's License identification and who did did not take an oath. My •u nI._ .•I e'r March 13 2023 / may. , LISA HALL (Sly .ture of Notly) r.� . . Notary Public ;55 'y' ''•'' State of Utah ! ' Name: Lisa Hall r,My Commission Expires March 13,2023 Commission Number704231 (Legibly Printed) (AF _ Notary Public, State of Utah Commission No.: 704231 • Page 18 of 29 010-8663"ROADWAY CONTRACTORS" Preferred Material,Inc. • C H U B B.' Power of Attorney Federal Insurance Company Vigilant Insurance Company I Pacific indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY.a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Tina Davis, Lisa Hall, Linda Lee Nipper and Lindsey Plattner of Salt Lake City,Utah each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than hail bonds)given or executed In the course of business,and any Instruments amending or altering the same,and consents to the modification or alteration orally Instrument referred to In said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 22i°day ofJuly,2019, / f�, rtv..Oft ll;ltvnNI.(;Itknriw,.\ssistantSecretary Stephen NI.Il;mcy,Vice President ( 4110 1 11 # aO(AY' ars,�. ro+` STA'I'R OF NEW JERSEY County ofliunterdon ss. Oil this 22nd clay of July,2019,betdre toe,a Notary Public of New Jersey,personally came Dawn M.Cliloros,to me known to he Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me duly sworn,did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney.and knows hint to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal ,a t u`'+'\ ROSE CURTIS NOTARY PUBUC OF NEW JERSEY rb.50072400 Coonn:won PArass NOWnle°r 22,ocrn Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors Of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on Attgttst 30,201tb5 "ItIiSOLVED,that the I'ollowlugauthorizations relate to the execution.for and on behalf or the Company,of bonds,undertakings,mognleances,wsurads and other written commitments oldie Company entered Into In the ordinary course of business(each a"Witten Commitment"): (t) Each of the Chairman,the President and the Tice Presidents of the Company Is hereby authorized to executeany Written Commitment for and nn behalf of the Company.under the seal of the Company or otherwise. (2) Each duly appointed attorney-In-fact ol'the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action Is authorized by the grant of powers provided fur in such person's written appointment as such attorney-la-Ian. (3) Each of the Chairman,the('resident and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- In-fact of the Company with full power and authority to execute,fur and on behalfol'rhe Company.under the seal oi'the Company or otherwise,such Written Commitments of the Company as may inc specified In such written appointment,which specification may be by general type or clam of Written Commitments or by apecilluhtlon of one or more particular Written Commitments. (4) Each of the Chaimtam.the President and the Vice Presidents of the Company Is hereby authorized.for and on behalf of the Company,to delegate Ut writing to any other officer tithe Company the authority to execute,'brand on behalf of the Company,under the Company's seal or otherwise,such Written Commiunems of the Company as are specified In such written delegation,which specification may be by general type or class of Written Commitments or by specification dune or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not he deemed to he an exclusive statement of the powers and authority ofofcers,employees and other persons to act for anti on behalf of the Company,and such Resolution shall nut limit or otherwise affect the exercise of arty such power or authority otherwise validly wanted or vested.' 1,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (I) the foregoing Resoludons adopted by the Board of Director'of the Companies are true,correct and in full force and effect, ' (II) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station.NJ.this September 25, 2019 r, Rtwn NJ.Chloftn.Assistant Secrcaty !NINE EVEN'('YOU WISH TO VERIFY THE ALn'HEN'1'ICrt ly OF THIS BOND Olt NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US A'1': 'telephone(908)91)3-3493 Fax(908)903-3656 e-mail:sureti-Wchubb.com FED-VIG-PI(rev.08.18) EXHIBIT B-2 PUBLIC PERFORMANCE BOND Bond No. 8258-55-97 Contract No. 16-6663 KNOW ALL MEN BY THESE PRESENTS: That Preferred Materials, Inc. , as Principal, and Federal Insurance Company , as Surety, located at 202B Halls Mill Road,Whitehouse Station, NJ 08889 (Business Address) are held and firmly bound to Collier County Purchasing Department , as Oblige in the sum of Five Hundred Ninety Six Thousand Three Hundred Seventy Eight end 94/100 Dollars ($ 596,378.94 ) 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 23rd day of September 20 19 , with Oblige for Contract#16-6663, Project 60231.1.1 Oil Well Rd(CR 858)Shoulder Improvements Segment 1, Collier County,FL 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 19 of 29 #16-6663"ROADWAY CONTRACTORS" Preferred Material,Inc. 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 25th day of September , 2019 , 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 pres nce f: PRINCIPAL: Preferred Materials,Inc. Mar' a e z `^ Witnesses as to Principal Beth ny Casimir Name: Robert Spi iman Its: Vice President STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 30th day of October 201 20, byRobert Spillman , asVice President oPreferred Materials. Inc. , a GA 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: 12/21/19 �/��� ., (Signature-of Notary) 0y y'\ SUSAN J.HIBBARD a. MYCOMMISSION December r2i 2 1 Name: Susan J. Hibbard EXPIRES:December 21,2019 1/47 4y1BondedThruNotaryPublicUndervmlere (Legibly Printed) (AFFI �. . .. .. .. Notary Public, State of Florida Commission No.: FF933972 • • Page 20 of 29 1f16-6663"ROADWAY CONTRACTORS" Preferred Material,Inc. f :._,� ATTEST: SURETY: Federal Insurance Company (Printed Name) • 2028 Halls Mill Road Whitehouse Station, NJ 08889 (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR ., ..-r 41s Attotat (Attach Power of A' orney W-8SBS Lisa Hall 15 W.South Temple,Suite 700 Salt Lake City, UT 84101 (Business Address) Tina Davis (Printed Name) 801-533-3624 (Telephone Number) STATE OF UTAH COUNTY OF SALT LAKE The foregoing instrument was acknowledged before me this 25th day of September , 2019 , by Tina Davis , as Attorney-in-Fact of Federal Insurance Company , Surety, on behalf of Surety. He/She is_personally known to me OR has produced Driver's License as identification and who did di. of take an oath. ar 1 /CV My Commission EXiIfeS: March 13,2023 � (Sig• . ure of Notary A 1.4"- ;- LISA HALL w o Notary Public State of Utah Name: Lisa Hall My Commission Expires March 13,2023 (Legibly Printed) I n Number 704231 Notary Public, State of Utah Commission No.: 704231 Page 21 of 29 #16-6663"ROADWAY CONTRACTORS" Preferred Material,Inc, rj�,.l CHUB ' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Tina Davis, Lisa Hall, Linda Lee Nipper and Lindsey Plattner of Salt Lake City,Utah each as their true and lawful Attoniey-inF'act to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than hail bonds)given or executed In the course of business,and any instuments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof.said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 22nd day of July,2019. gt--- ,,, i:)W 1-r -N..i . \.. .0A)?E :76til`-to I ktsvn 1I.Chit cos.AF6istan i Stu rotary Stephen NI.I Lincy,Vice PrLsi dcn t .40"-',... 4:0-in 4e''',.%v,z, ,,,,,,,,v,, to Cie.?,t op) M.., STATE OF NEWJERSEY County of f unterdan ss. On this 22n°clay of July,2019,befbre me,a Notary Public of New Jersey,personally came Dawn M.Chloros.to me known to he Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNI'T'Y COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by one duly sworn,did depose and say that she Ls Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she Is acquainted with Stephen M. Haney.and knows hint to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. ,r ungROSE CURTIS Notarial Seal n..). NOTARY PUBLIC OF NEW JERSEY I No.60072400 La, 4Alt4.2. Ry<`.l Cornmusiun emirs Awl*,22,2202 k%in]'PUNIC CERTIFICATION Resolutians•adnpted by the boards of Directors of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: "RilSOLVED,that the following authorizations relate to the execution.for and on behalf of the Company,of bonds.undertakings,restgntaances.contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Coimulunent"): (I) Each of the Chairman,the President and the Vice Presidents of the Company Is hereby authorized to exectttcanv Written Commitment for and on behalf of the Cemttony.antler the seal of the Company or otherwise. • (2) Each duly appointed attorney-In-Ric(of die Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action Is authoriztsl by the grant of powers provided for in such person's written appsiniment as such atuttneydn•Ihct. 0) Each of the Chairman.the President and the Vice Presidents oI the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney in•lact of the Company with Illi power anti authority to snecate,for and on tehadfofthe Company,under the seal of the Company cc otherwise,such Written Cunsnittnents of the Company as may be specified In such written appointment,which specification may be by general type or class of Written Commitments or by specificattunof one or more particular Written Commitments. (41 Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and onbehalfnf the Company,to delegate hi wonting to any other oliicer of the Company the authority to execute.for and on behalf of the Company,under the Company's seal or otherwise such Written Commitments tithe Company as are specified in such written delegation,which sttrdiitilott may be by gement type or class of Written Commitments or byspecMaabnofone ormore particular Written Commitments. (5) The signature of any oflicer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be atl)xed by facsimile on such Written Commitment or written appointment or delegation. FUR'T'HER(RESOLVED. that the foregoing Resolution shall not he deemed to lie an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limo or otherwise affect the exercise of any such power or authority otherwise vaBJtygranted or voted I,Dawn M.Chloros,AssIstant Secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (II) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,N).this September 25, 2019 •'®f '; f aA°' o�� lklvm 11.Chlorcts.:l+sistnnr Scrretany • IN THE EVENT YOU WISH TO VERIFY"THE AU'I'HEN'l'ICI'I'Y OF't'HIS BOND OR NO't'IFn'US OF ANY O'T'HER 1LVt'i'ER,PLEASE CONTACT US AT Telephone(905)903.3453 F'ax(9118)503.3608 entail:suretysrichubb.cum FED-VIG-PI(rev.08.18)