#08-5011-109 (WO Kyle Constructiion)WORK ORDER/PURCHASE ORDER
Agreement for Fixed Term Underground Utilities Contract
Dated: March 11, 2008 (Contract 08 -5011 -109)
Contract Expiration Date: March 10, 2014.
This Work Order is for professional Underground Utility Construction services for work known as:
Project Name: Tamiami Wellfield Meter Replacement
Project No: 70085.10
The work is specified in the proposal dated November 18, 2013, 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 Kyle Construction, Inc.
Scope of Work: As detailed in the attached proposal and the following:
Task I Mobilization
Task II Furnish & Install Annubar Flow Measuring Devices
Task III ARV Assembly & Connection
Task IV Conduit rerouting Well No. 9
Task V Piping Modifications
Task VI Restoration
Task VII Allowance
Schedule of Work: Complete work within 270 days from the date of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, 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), as provided in the attached proposal.
Task I
$ 8,200.00 LS
Task R
242,250.00 LS
Task III
55,800.00 LS
Task IV
2,100 LS
Task V
12,000.00 LS
Task VI
1,750 LS
Task VII
10,000.00 TM
TOTAL FEE
$ 332,100.00 LS & T &M
**1011/o retainage will be eld o pr ess pay ents only. 1
PREPARED BY: Z— I
Toni Si , PPMD nior Project Manager Date
RF Q #08- 5011 -109
Tamiami Well Meter Replacement
Page 2
APPROVED BY: s�N%
Mark J. SunyW
APPROVED BY: _
Pam
APPROVED BY:
PPMD Principal Project Manager
Steve Messner, Water Director
APPROVED BY:�
Tom Chinelik, P.E., PPMD Director
APPROVED BY:'
Br da/Di%art, Pur asing Procurement Strategist
APPROVED BY:
Joe
APPROVED BY:
Date
ATTEST:
Dwight E. Broc%, Clerk
Operations Support Director
MX.- �-52-62-61ar =
Administrator
�'Z-/kt /t3
Date
ate
J-& i l j
Date
171/11 IZA 3
D6
Date
Date
/y10.143
Date
BOARD Coun TY CO ISSIONERS
Collier
By: lor
�eer�is�Hi}ler- Tsq -�13 ' etxsn
Tom Henning, Chairman
Kilt. AbraN om Suou�n dent
(Witness Two Name /Title)
Approved as to Form and
L � �s.T�,,
AmiAmt County Attorney
BOND # FLC80609
Surety: Merchants Bonding Company
Address: 2100 Fleur Drive
Des Moines, Iowa 50321
Phone # 512- 343 -9633
This is the front page of the performance /payment bond issued in compliance with Florida
Statue Chapter 255.05
Contractor: Kyle Construction, Inc.
Address: 3636 Prospect Avenue
Naples, Florida 34104
Phone #: 239 - 643 -7059
Obligee: Collier County
Address: 3227 Tamiami Trail
Naples, Florida 34112
Phone #:
Date Issued: January 15, 2014
Amount: $332,100.00 Three Hundred Thirty Two Thousand One Hundred and No /100
Project Description:
Contract #:
Project Address:
Legal Description of
Property:
Tamiami Wellfield Meter Replacement
08- 5011 -109
This is the front page of the bond; all other pages are subsequent regardless of preprinted numbers.
ACORN CERTIFICATE OF LIABILITY INSURANCE
DATE (MM /DD/Y
1/16/2014 4
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
Valenti Trobec & Woody, Inc.
4110 Center Point Drive
NAME: T Wendy L. Hingson
PHONE , 239 275 -8226 A/C a :239 275 -8837
EMAIL
AnnRESS:
Suite 2155
Fort Myers, FL 33916
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA:Continental Casualty Company
0443
INSURED
INSURER B: Trans ortation Insurance Co.
Kyle Construction, Inc.
3636 Prospect Avenue
INSURER C.Valley Forge Insurance Company
$ 1,000,000
INSURER D:
X COMMERCIAL GENERAL LIABILITY
Naples, Florida 34104
INSURER E:
INSURER F,
PREMISES Ea occurrence
COVERAGES CERTIFICATE NUMBER-2013-2014 GL.AU.WC.UM REVlslnlu wtnelzrO•
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.
INSR
LTR
TYPE OF INSURANCE
ADDLSUBR
-Wyk
POLICY NUMBER
POLICY
MM DDIYYYY
MMLDD/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
PREMISES Ea occurrence
$ 100,000
A
CLAIMS -MADE 7 OCCUR
X
402 721 9828
10/01/2013
10/01/2014
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 2,000,000
POLICY X PRO LOC
I
$
AUTOMOBILE
LIABILITY
SINGLE LIMIT
Ea accident)
1,000,000
X
BODILY INJURY (Per person)
$
A
ANY AUTO
ALL OWNED F;X 7 SCHEDULED
AUTOS AUTOS
202 450 8942
10/01/2013
0/01/2014
X
BODILY INJURY (Per accident)
$
HIRED AUTOS X NON -OWNED
AUTOS
X
PROPERTY DAMAGE
Per accide 0
$
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
B
EXCESS LIAB
CLAIMS -MADE
04 450 8990
10/01/2013
10/01/2014
OED X RETENTION$ 10,000
$
VERRIDES ALL COVERAGES
C
WORKERS COMPENSATION
X WC STATU- OTH-
I
AND EMPLOYERS' LIABILITY Y / N
TORY LIMITS I I FR
E.L. EACH ACCIDENT
$ 100 000
ANY PROPRIETOR/PARTNER /EXECUTIVE
OFFICER /MEMBER EXCLUDED?
N/A
E.L. DISEASE - EA EMPLOYE
$ 100,000
(Mandatory in NH)
WC107 367 4577
10/01/2013
10/01/2014
If yes, describe under
E.L. DISEASE - POLICY LIMIT 1
$ 500,000
DESCRIPTION OF OPERATIONS below
1
-
Ttl
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
For any and all work performed on behalf of Collier County. Collier County is added as Additional
Insured as required by written contract.
Collier County Board of County Commission
3327 Tamiami Trail, East
Naples, FL 34112
tom., .,,,, J
I NS025 (201005).01
I ivry
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Hingson /V510 —�` --
1UUU -ZU10 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EXHIBIT A 1: PUBLIC PAYMENT BOND
Bond No. FLC80609
Contract No. 08 -5011 -109
KNOW ALL MEN BY THESE PRESENTS: That Kyle Construction, Inc.3636 Prospect
Avenue, Naples, Florida 34104, as Principal, and Merchants Bonding Company, as
Surety, located at 2100 Fleur Drive, Des Moines, Iowa 50321 (Business Address) are
held and firmly bound to Collier County as Obligee in the sum of Three Hundred Thirty
Two Thousand One Hundred and No /100 ($332,100.00) 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 I qt41 day of
2014, with Obligee for Tamiami Weilfield Meter Replacement in Naples,
Florida accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein 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 255.05(2). 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 15th day
of January 2014, the name of each party being affixed and these presents duly signed by
its under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
Anessess to Principal
STATE OF VInetacd
COUNTY OF Colt e c
PRINCIPAL
KYLE CONSTRUCTION, INC.
BY:
NAME:
ITS: We- s►ddr-rnt
The foregoing instrument was acknowledged before me this 2LI _day of
2014, by �,ojno. K. Ab(a&\ .,nr. , as
\ C !6 on AM. ,a
corporation. He he is personally known to me
identification and did (did not) take an oath.
My Commission Expires:
FELIX GARCIA
MY COMMISSION #FF063716
'... NAME:
6F °p: EXPIRES October 16, 2017
(407) 398 -0153 FloridallotaryService.COm
(AFFIX OFFICIAL SEAL)
1�Cc5idu►�C of
eide„_ corporation, on behalf of the
R has produced as
(S6 nature of Notary)
/tea /�-.
(Legibly Print(r)
Notary Public, State of
Commission No.:
ATTEST: SURETY:
Witnesses to Surety
MERCHANTS BONDING COMPANY
(Printed Name)
2100 Fleur Drive
Des Moines Iowa 50321
(Business Address
(Authorized Signature)
(Printed Name)
OR
�%
�.
/
As o in Fact
((At ch Power «of Attorney)
Wendy L. Hin son; Attorney-In
Fact and Florida Residsnt Agent
Witnesses (Printed Name)
4110 Center Point Drive, Suite 215
Fort Myers, Florida 33916
(Business Address)
(239) 275 -8226
(Telephone Number)
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 15th day of January, 2014,
by Wendy L. Hingson, as Attorney -In -Fact of Merchants Bonding Company Surety, on
behalf of Surety. She is personally known to me OR has produced N/A as
identification and who did not take an oath.
My Commission Expires:
O�,RY °� NIAO te of Florida
? ..
• g EE115401
�orn1 15
(AFFI
(Signature)
Name: Dawn M. Onzo
(Legibly Printed)
Notary Publ ic, State of: Florida
Commission No.: EE115401
MERCHANTS
BONDING GQMPA.NY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL. BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint; individually,
Robert Trobec, Wendy L. Hingson
of Fort Myers and State of Florida their true and lawful Attorney -In -Fact, with full power
and authority hereby conferred In their name, place and stead, to sign, execute,.acknowledga and deliver In their behalf as surety
any and all bonds, undertakings, recogolzances or other written obligations In the nature thereof, subject to the limitation that any
such Instrument shall not exceed the amount of:
EIGHT MILLION ($8,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of•sold Atto.r.ney -In -Fact, pursuant to the authority herein given', are
hereby ratified and confirmed,
This Power.of- Attomey is made -and executed pursuant to' and by authority of.the following By -Laws adopted by the Board of
Directors, of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc„ on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint'Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in
the nature thereof,
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force
effect as though manually fixed." and
In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 30th day of JUIV 2012
10 44
JZ
STATE OF IOWA
COUNTY OF POLK ss. .
�o�oRPOq °y'.
JIM, 0
y 1933 b'c'
• � j HIV
MERCHANTS BONDING 'COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC,
BY
President
On this 30th day of July 1 2012 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said Instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first aboVe'written.
MARANDA GREENW ALT
Commission Number.770312
My Commission Expires
October 28, 2014
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK.ss.
I, WiiAam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked,
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this 15Lhday of January 2014
� -Q.°
POA 0014 (11/11)
�•
..•....•
C.1:_ .
• occ r 3 •
1933 ; c;
Secretary
EXHIBIT A 2: PUBLIC PERFORMANCE BOND
Bond No. FLC80609
Contract No. 08- 5011 -109
KNOW ALL MEN BY THESE PRESENTS: That Kyle Construction, Inc., as Principal,
and Merchants Bonding Company, as Surety, located at 2100 Fleur Drive, Des Moines,
Iowa 50321 (Business Address) are held and firmly bound to Collier County, as Obligee
in the sum of Three Hundred Thirty Two Thousand, One Hundred and No /100
($332,100.00) 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 the 14+� day of
_)ccV1 �iru , 2014, with Obligee for Tamiami Wellfield,
Meter Rellacement in accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein 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 Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; 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, alterations or additions to the terms of the Contract or to work or to
the specifications.
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 Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 15th day
of January, 2014, 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
KYLE CONSTRUCTION, INC.
BY: I Yi] WA4 6 JLQ, k ht_�
Witnesses as to nncipal
NAME: kanoL R. AlorcOncan
t
STATE OF �er�
COUNTY OF
The foregoing instrument was acknowledged before me this _ZY- day of
Sd,nyo tv 2014, by L..nno M. AbcwnaM , as
�res�dett�' of , a
Fie�,ald corporation, on be !half of the corporation. He s e Is
_ ut onally_ known to me OR has produced
as identification and did (did n t) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
°`��P` °�
_' -`
FELIX GARCIA
MY COMMISSION #FF063716
=.� o:
? or F
EXPIRES October 16, 2017
(407) 398 -0153
FloridallotarySerme.com
(S nature)
Name: &/1'Z 60qV-C lv/'�
(Legibly Printed)
Notary Public, State of:
Commission No.:
ATTEST: SURETY:
Merchants Bondina Comr)an
(Printed Name)
2100 Fleur Drive
Des Moines. Iowa 50321
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
` As hey in Fact
(Att Att h Power of Attorney)
Wendy L. Hingson, Attorney -In -Fact
and Florida Resident Agent
Witnesses (Printed Name)
4110 Center Point Drive, Suite 215
Fort Myers, Florida 33916
(Business Address)
(239) 275 -8226
(Telephone Number)
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 15th day of January, 2014, by
Wendy L. Hingson, as Attorney -In -Fact of Merchants Bonding Company, a Iowa Surety, on
behalf of Surety. She is personally known to me OR has produced N/A as
identification and who did not take an oath.
My Commission Expires:
r ` Notary Public State of Florida
Dawn M Onzo
My Commlarion EE115401
'�orn.P EzPrrae08 /01 /2016
(AFFIX OFFICIAL SEAL)
M t --
(Signature)
Name: Dawn M. Onzo
(Legibly Printed)
Notary Public, State of: Florida
Commission No.: EE115401