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Backup Documents 07/27/2021 Item #16C1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t 6 C I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County 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 signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office /b/ )Vj 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office 'bkie[z( rt = ale 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 All above,may need to contact staff for additional or missing information. Name of Primary Staff Phone Number -1 Contact/ Department ay C I t -g r �S �5.`--5.3L/S Agenda Date Item was Agenda Item Number Approved by the BCC 1 C I 7-077—a Type of Document Number of Original Attached I or K O t'd e r Documents Attached PO number or account 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? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. ,4* 1., 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 e P' 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 g �� 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. 1' 7. In most cases(some contracts are an exception),the original document and this routing slip 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 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 l6C � Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, October 6, 2021 12:14 PM To: 'Ragaey.Girgis@colliercountyfl.gov' Subject: Quality Enterprises Work Order (Item #16C1 7-27-21 In absentia Meeting) Attachments: Backup Documents 07_27_2021 Item #16C1.pdf Hi Ray, A copy of the itewt referenced above, is attached for your records. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ` \'dT lY}(;* Clerk to the Value Adjustvvtevtt Board SF Office: 239-252-840(0 Fax: 239-252-8408 (if applicable) Avtvt.Jervtejohvt@CollierClerk.covv< `f.,, .44.1 Office of the Clerk of the Circuit Court 6"(`"c',N•t' & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cowt i I6Ci WORK ORDER/PURCHASE ORDER Contract 20-7800"Underground Contractor Services" Contract Expiration Date: June 21,2026 This Work Order is for professional underground utility services for work known as: Project Name: Southbay"Drive&Center Street Sewer Replacement(One Naples) Project No: 70139.11 • The work is specified in the proposal dated July 20,2021,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: Replace approximately 2,058 feet of 40-year-old clay gravity sewer on Southbay Drive and Center Street to be coordinated concurrently with the One Naples water pipe replacement being performed by Mitchell & Stark Construction Co. Inc. No roadway pavement or sidewalk restoration will be required under this Work Order. * Task I Bid Items 1 through 26—General Sewer Replacement Work' * Task II Bid Item 27 -Owner's Allowance Schedule of Work: Complete work within 150 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#20=7800 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(s): ®Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) Time & Material (T&M) (established hourly rate —Schedule A) ❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I $718,979.00(NLS) Task II $40,000.00(T&M) TOTAL FEE $758,979.00 PREPARED BY: 1AZ/tvL/ aniel R n, Project Manager Date i APPROVED BY: / , 7/�Z I �\ Tom Chmelik,EPM Division Director Date Page 1 of 3 I Ci APPROVED BY: Amia Curry,Man ger-F ancial&Operational Sup. Date APPROVED BY: ' _ an-a c�`I Dr. Geor Y' ma ,Depart ent Head 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 Finn 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. 7/23/21 Louis J.Gaudio,Vice President Date (Remainder of page intentionally left blank) Page 2 of 3 16C1 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 O COUNTY COMMISSIONERS Crystal K. Kinzel,Clerk of Courts COLLIE C Y, FLORID By'"aPr° L, !It GC Q . By: Q. ' '":te , Penny Taylor, lair • • -,, lagtfl Chairman's ,, h I/4;4 •signatumonly. Quality Enterprises USA,Inc. w___ _ By: First Witn s Signature 11 ,` Louis J Gaudio,VP pd not, N/q1 vn tType/print signature and titled' Typdprint witnesWnamed' )"ki,; (i _ _ - Second Witness I t2(1 G ePitt t-i Type/print witness namet Ap oved a t Fo d egality: ounty Attorney S�1/ 17 L Print Name Page 3 of 3 4, 1 Ci Exhibit C-1 ❑ this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. 9387454 Contract No. 20-7800 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 80198 (Business Addresl are held and firmly bound to Board of County Commissioners,Colby County,FL as Oblige in the sum of t{.WgHWa_v s...qH twn .nn.,.doonna tlRyEgM7Mwand tens Hundred ($758,979.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severalty. WHEREAS, Principal has entered into a contract dated as of theIday of ZOckcj y( 20Q21 with Oblige for Southbay Drive 8 Center Street Sewer Replacement(One Naples) 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 ath day of October . 2021, the name of under-signed representative, pursuant to authority of its governing body. Page 19 0133 Multi-Cant:AClor Award Agreement(2021_ver.1 J ! 6Ci Signed, sealed and delivered In I e presence of PRINCIPAL Quality Enterprises USA,Inc. Anna Rlc By �. Witnesses as to Principal Adrian Reid Name -Louis J.Gaudio it 3 Vice President STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of rid physical presence or 0 online notarization, this 4th of_October 20 21 by Louis J. Gaudio , as Vice President of nr ar Ent e I ice_Inc_ a Virginia corcoration, on behalf of the corporation HP/she is personally known to me OR has p uduced N/A-Known as identification and did(did not)take an oath My Commission Expires 2/1122 (Signature of Notary Public-State of Florida) Name Marcie L. Cohen (Legibly Pnntedt (AFFIx. OFFjCIAI SFAI I Notary Public State of Florida Commission No GG162Q66 ATTEST SURETY (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR P.Lr.•20.i 33 Mull r_:onlrielo.A,v yid Agreement j2Q21 ve. t6Ci // Fidelity and Deposit Company of Maryland Daniel J.Grygo , 1 As Attorney in Fact • L _ (Attach Power of Attorn y) Witnesses Devon C.Heath 1299 Zurich Way,Schaumburg.IL 60196 —_ (Business Address) Tammy A.Ward (Printed Name) (Telephone Number) STATE OF Virginia COUNTY OF Virignia Beach The foregoing instrument was acknowledged before me by means of Q9 physical presence or :1 online notarization this 4th of October 2021 by Tammy A.Ward . as Attorney-In-Fact ofd ^inaDeposit`ompiry a Illinois corporation on behalf of the corporation ry'y He/she is personally known to me OR has produced as identification and d'd(did not)take an oath r /� My Commission Expii September 30 2022 LarY1LAClAd Signature of tlot2ar% Public-State of Florida) Name Terri K.Strawhand (Legibly Printedi 1AFL, OFF'CIAL SEAL) Notary Public State of Virginia Commission No 247448 TERRI K STRAWHAND ; Notary P,rbilc ':oremonweaen of Vnyin a Reg a 24744b My Commission Expires 9 30 2022 .g. 21 'I 33 Muir-Conira,.ror Award Agreement t2021_ve, lbCi 0 this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. 9387454 Contract No. 20-7800 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 Board of County Coinmissionera, Collier County,FL ,as Oblige in the sum of Seven Hundred Fifty Eight Thousand Nine Hundred Seventy Nine Dollars and 001100 ($ 758,979.00 )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 theay of St? lvr 20c4 ,with Oblige for Southbay Drive&Center Street Sewer Replacement(One Naples) 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 22 of 33 Multi-Contractor Award Agreement 12021 ver 1] 1 +6 C 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 Io Oblige for more than the penal sum of this Performance hand regardless of the number of suits that may he filed by Oblige IN WITNESS WHEREOF,the above parties have executed this instrument this 4th day of October 2021 , the name of each party being affixed and these presents duty signed by its undersigned representative, pursuant to authority of its governing body Signed sealed and delivered in the presence of PRINCIPAL Quality Enterprises USA.Inc An Rice i - By ( - Witnesses as to Piinr,ipal Adrian Reid Name Louis J. Gaudio ...__ Its _Vice President-___ S T ATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization this 4th of October 20 21 ,. b, Louis,),_Gaydio , as Vice President Of Quality Enterprises USA. Irpc . a Virginia corporation on behalf of the corporation -1 she is personaly known to me OR has produced WA-Known as identification and did (did not)take an oath My Commission' Expires 2/11/22 (Signature of Notary Public-State of Florida) Nang Marcie L. Cohen (Legibly Printed) (AFFIX OFFICIAL SEALI Notary Public, Slate of Florida • Commission No GG 152066 Page 23 of 33 ohm. A•.v3rd Agr.:oment 1202 v' . 1 6 C I ATTEST SURETY. (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety n (Printed Name) / li Fidelity and Deposit Company of Maryland Daniel J.Grygo y As Attorney in Fact mot. (. e (Attach Power of Attorney) Witnesses Devon C.Heath 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 by means of 6 physical presence or U online notarization this 4th of October 2021 by Tammy A.Ward as Attorney-in-Fact Of, Tr and°0°O" Company a Illinois 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 September 30 2022 ---.) FlJL\'iij \il f (Signature of Notary Public-State of Florida) Name Terri K.Strawhand (Legibly Printed) (AFFIX OFFICIAL SEAL I Notary Public State of Virginia TERRI K STRAWHAND I Commission No 247448 Notary PuD6r: gro,monweelth of Virginia Reg 1241448 Mr,.nr'imessior,Expires 930/2022 Page 24 33 Muii.Conlractor Awaro Agreement 1202t_ver it 5. j I6C1 Bond Number 9387454 Obligee rya e,II r.,,e,Fl 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 Ten-i K.Strawhand ,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 dad: 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 ---- 4).-------....› ERAL I By: Robert I).Murray :0, Vice President w40i Lel to.sway ct,tvn.. g cduah--- 4(i!il n By: Dawn E.Brown k. I 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 cornmisdoi>ed-and qualified,Robert D. Murray,Vice President and Dawn L Brown,Secretary of the Companies,to me personally known to be the individuals and ctfeers deiicnbed based 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 Unmet* the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and thdt.thi said Corporate Seals'and the signature as such officer were duly affixed and subscribed to the said instrument by the authority end 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. ta, 19mA •if Constance A.Dunn,Notary Public e ',A a���`, My Commission Expires:July 9,2023 '�isnnua�� j6Ci ' EXTRACT FROM BY-LAWS OF THE COMPANIES ' ` ` "Article V,Section 8,Attornevs-in-Fac1. The Chief Executive Officer,the President,or any Executive Vice President or Vico 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 hike 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 Attomey...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 4th day of October ,2021 . tT1I '-�, REAL i 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 \ Schaumsi rg,-IL 601961.106 wlvw.reegortsfelaims@zifrichna.com 800-626:457T