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Backup Documents 05/26/2020 Item #16A10ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 1 Q THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Atfach to original document. 1 he completed routing slip and original documents are lobe f o-Aarded tothe ('ouuty Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature, draw aline thro hrouting ines # 1 through #2, complete the checklist,and forward to the Coun Attome Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office00 4. BCC Office Board of County Commissioners �g 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Mindy Collier/Stormwater Phone Number 239-252-6139 Contact / Department Agenda Date Item was 5/26/2020 Agenda Item Number Approved b the BCC O Type of Document Work Order,-Bmid deenmeets Number of Original 2 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? MC 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address; Phone on an attached sheet.* 3. Original document has been signed/initialed for legal sufficiency. (All documents to be MC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MC document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/26/2020 and all changes made MC during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. m 16A1U Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, June 8, 2020 11:05 AM To: CollierMindy Subject: Item #16A10 (5-26-2020 BCC Meeting) Attachments: #14-6213-135 (Quality Enterprises USA, Inc.).pdf Hi Mindy, An executed copy of Work Order 135, to Contract *14-6213, (Quality Enterprises) approved by tine 13CC May 26, 2020, is attached for your records. Thank you. Ann Jennejohn BMR Senior Deputy Clerk Clerk to the Value Adjustment Board Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.JenneiohnR@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com 1 Y WORK ORDER/PURCHASE ORDER Contract 14-6213 - Underground Utility Contractors Contract Expiration Date: faiy-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 Stoimwater 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 liydroTurfZ. 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 rnethod(s): ®Negotiated Lump Sum ❑Lurnp Sure Plus Reimbursable Costs []Time & Material ❑Cost Phis Fixed Fee, as provided in the attached proposal. TOTALFEE $426,100.30 PREPARED BY: �" w . /�J Gerald N. Kurtz, P.E., .Principal Project Manager Date APPROVED BY: i't�t,{ -�, i`� 3 _ — 20 Amy Patters , Director Date Capital roject Planning, Impact Fees & Program Management APPROVED BY: _ Thaddeus L. Cohen, Department Head ate Growth Management Department 1 of 3 A 6- Al 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 J. Gaudio, Vice President Date (Remainder ofl)age intentionally left blank) 2 of 3 16AI r 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;.ICinzel, Clerk of Courts ~Y ' L4.0 A ved as t rm d Legality: �64— Deputy County Attorney Scott R. Teach 'QC, 3 of 3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt Saunders, Chairman Item # t4O Agenda�l _)�O Date A� Date Rec'd 16A10 19080FL-1 Collier: Goodlctte Rd Ditch W. Scaled Kevin Salaoutis 02/10/2020 1:59 PM BID PROPOSAL Biditem Quantity Units Unit Price Bid Total 10 ding) 210.000 CY 240.00 50,400.00 ZO pHydroTurfZ* 1,621.200 SY 155.00 251,286.00 30 ypass Pump 0.800 LS 23,683.00 18,946.40 40 sononro 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 __1 1 $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, Schamburg, IL 60 96 au negs dregs] are held af1�{ firmly bound to Collier County Board or County Commissioners ur Hundre wenty Srii Thousand,"ilne as Oblige in the sum of ai„ndroa = 301taa ($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 2p 22 the name of under -signed representative, pursuant to authority of its governing body. Signed, sealed and delivered the presence of: Marg4^0 )N� 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 aSVice 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 A,�; MAP.CIE L. COHEN MY COMMISSIONk GG 152066 . EXPIi,ES: February 11, 2022 Bonded nrU 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- Jr'/ ATTEST: SURETY: Witness as to Surety (Printed Name) (Business Address) (Authorized Signature) (Printed Name) r'CLR7 Fjdelity and Deposit Company of Maryland � a���1 As Attorney in Fa Tammy A. Ward �— (Attach Power of Attorney) Witnesses Devon C. Heath 1299 Zurich Way Schaumburg, IL 60196 (Business Address) Tammy A. Ward (Printed Name) 1-847-605-6000 (Telephone Number) STATE OF Virginia Cityr OF Virginia Beach 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, O behalf of Surety okxkncgm*w,FAXXXXXXXXxxxxxxxxxxxxR and who ck My Commission Expires: October 31, 2021 (AFFIX OFFICIAL SEAL) CATHRYN SNELL NOTARY PUBLIC REG. #7258943 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT 31, 2021 (Signature of Name: Kathryn Snell (Legibly Printed) 16AI He/She is personally known to me dicknbt) take anaet�. Notary Public, State of Virginia Commission No.: 7258943 Page -13-�� EXHIBIT A-2 16 M O PUBLIC PERFORMANCE BOND Bond No. 9346563 Contract No KNOW ALL MEN BY THESE PRESENTS: That duality Enterprises USA, Inc. 14-6213 , 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 Goodiette 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- �; 16 A 10 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 Mar a r Witnesses as to Principal Isa Carreras STATE OF Florida COUNTY OF Collier PRINCIPAL: Quality Enterprises USA, Inc. Name: Louis J. Gaudio Its: Vice President The foregoing instrument was acknowledged before me this 5th_ day of mgrch 204,__M, by T,cnii G J- Gaildi n , 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. r "^� / J A My Commissio. nn Expires: 2/11/22 Llt & ,o�•"�''' M/{RCIEL.COHEN (Signature of Notary) MY COMMISSION N GG 152F,c EXPIRES: February 11, 2022 Name: Marcie L. Cohen Bonded Thry Notary Public Underwriters (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: GG 152066 Page -15- ti `� ATTEST: SURETY: 16 A .10 Witness as to Surety Witnesses Devon C. Heath STATE OF Virginia City 19CMJM OF Virginia Beach (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Fidelity and Deposit Company of Maryland As Attorney in Fac ammy 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 persopally known to meAR*XWWocfcxl *3l—Xxxxxxxxx xxxxxxxxxxxxxxxxxW ANaM hand whox5d(didjoet�take an oath. My Commission Expires: October 31, 2021 (AFFIX OFFICIAL SEAL) i KATHRYN 7OCT31, NOTARY PU REG. #725 i COMMONWEALTH MY COMMISSIC)NI EXPI (Signature of Name: Kathryn Snell (Legibly Printed) Notary Public, State of Virginia Commission No.: 7258943 Page -16- (=� Bond Number 9346563 16 A 10 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 WIIEREOF, 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 l9th 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 �.=.f 7 Vice President & .0, By: Dawn E. Brown!be°' � : r 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. `�puuurr��� ` t(� Q- Constance A. Dunn, Notary Public My Conunission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES 16A la "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate scal, 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 Sth 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 1 Oth 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 12020 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.reportsfclaimse.zurichna.com 800-6264577