#08-5011-117 Work Order (Mitchell & Stark) WORK ORDER/PURCHASE ORDER
Contract 08-5011 '`Annual Underground Utility Contractors"
Contract Expiration Date: September 10, 2014
This Work Order is for professional underground utility construction services for work known as:
Project Name: Naples Park 97th Avenue North Water & Gravity Sewer Main Replacement
Project No: 70043.18.2, 71010.27
The work is specified in the proposal dated March 24, 2014 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: Mitchell & Stark Construction Company, Inc.
Scope of Work: As detailed in the attached proposal and the following:
* Task I Section 1: General
* Task II Section 2: Water System
* Task III Owner Directed Allowance Work(Water)
* Task IV Section 3: Sewer System
* Task VI Owner Directed Allowance Work (Sewer)
Schedule of Work: Complete work within 180 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 # 08-5011 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): NNegotiated Lump Sum (NLS) Lump Sum Plus
Reimbursable Costs (LS+RC) VTime & Material (T&M) (established hourly rate Schedule A)
Cost Plus Fixed Fee (CPFF), as provided in the attached proposal.
Task I $61,000.00 NLS
"bask II $277,880.00 NLS
"Task III $25,000.00 "f&M
Task IV $202,279.00 NLS
Task V $25,000.00 T&M
TOTAL FEE $591,150
PREPARED 13Y; Y G ,* y � ✓/9//k�i
Wayne /
?arlovich;-Ssnior Project Manager Date
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APPROVED BY: i _( 1 '
Craig Pajer- —ncipa roject Manager Date
Page 1 of 2
APPROVED BY: `—" tiii ( \ 9 /611 / / 4
Mark Sunyal , Princi al Project Manager Date
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APPROVED BY: /.;".``--- , t y,• (y,, t r
Torn C)melik, PPMD Department Director Date
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APPROVED �': i ) (-- ---7-____,----,;/_-,:)._ _ , ; , /, ,
B ly ohnssen, Was, water Director Date
APPROVED BY: H 11 1 I I I
,.,-r„,, ; Steve Messner, Water Director Date
*4 'APPROVED BY: ---.-_=-.--n,_ .� __ ��..,,�-,,.-- .,�
4/,, iLf
Dr. George Yilmaz, Public Utilities Administrator Date
APPROVED BY: y ,A..,a- 7-
Brenda Brilhart, Pfocurement Strategist Date
ATTEST: BOARD OF COUNTY OMMISSIONERS
Dwight E. Brock;Clerk Collier County, Florida/
t�� . .
By: , ,t. 4-\may By= �A
L
,..._ --„Deputy.Clerk I- Tom Henning, Chairman
Attest as to Chairman s
signature only.
ATTEST: Mitchell & Stark Construction Company, Inc.
By: /- _ By:
(Print Name/Title (Print Name/Title)
Approved as to Form and
Legality:
K.
it/ei 2_,
O.-4 ' -<---t
art County Attorney
1 -.e..tp".,.57
Page 2 of 2
ger* * y
Acininistree Services Division
Purchasing
REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT#08-5011
"Annual Contract for Underground Utilities"
Date: March 11. 2014
From: Brenda Brithart, Procurement Strategist
239-252-8446, Telephone Number
239-252-6697, Fax Number
brendabrUhartcoUiergov.not
To: Prospective Vendors
Subject: RFO #UO-5011-117`— Naples Park A7\h Avenue North Water & Gravity Sewer Main
Replacement ($635K)
As provided in the referenced contract, the Collier County Purchasing Department is soliciting
quotes for the referenced p jeoi
Due Date: 4:00 PM March 21' 2014
/ | ---- —
Non-Mandatory Pre-Quote Meeting | 10:30 AM March 14, 2014
3327 Tamiami Trail East
Purchasing Building
Q&A Deadline: 5:00 PM March 18, 2014 '---
Number of Days to Final Completion: | I2O Days Sub�tantia[ 3UFina| ��----
Plans and Specs: Attached
--- '—�
Liwui da&ad Damages: $1,Jl 5 Per u a y
Payment & Performance Bonds Yes — ---
Direct '--- — --- -----
]_ No
Your quotation response for this project is due no later than the date and time specified above. We
will not accept any quotation responses later than the noted time and date. If your firm is unable to
respond electronically, your quotation must be received in the office of the Purchasing Department at
the above referenced address no later than the time and date specified. We look forward to your
participation in this request for information/quotation process.
—/ r *L
Firm's Complete Legal Name
- /4,, �-- ���� � - �^+^�� - �4,
Telephone Nu b Fax Number ---�---
Signature
6„,
Title ^ -- —
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Print Name Date
RFC)08-5011 - 117
RFQ 08-5011-117
Naples Park-97th Avenue Water and Sewer Replacement
ITEM DESCRIPTION QTY UNITS UNIT TOTAL
Section 1: General
1 Mobilization/Demobilization 1 LS $ 36,800 $ 36,800.00
2 Maintenance of Traffic 1 LS $ 8,000.00 $ 8,000 00
3 Project Sign 2 LS $ 1,000.00 $ 2,000.00
4 Survey Layout&Record Drawings 1 LS $ 12,700.00 $ 12,700.00
5 Post Construction Video 1 LS $ 1,500.00 $ 1,500.00
SUBTOTAL Section 1 $ 61,000.00
Section 2:Water System �.
6 Install Water Main Pipelines 8"C900 DR14 PVC(Labor Only) 1,361 LF $ 20.00 $ 27,220.00
7 Install Water Main Pipelines 6"C900 DR14 PVC(Labor Only) 53 LF $ 20.00 $ 1,060.00
8 Gate Valves&Boxes 8"Gate Valve(Labor Only) 6 EA $ 500.00 $ 3,000 00
9 Gate Valves& Boxes 6"Gate Valve(Labor Only) 2 EA $ 500.00 $ 1,000.00
10 Install Fire Hydrant Assemblies with Valve(Labor Only) 3 EA $ 1,500.00 $ 4,500.00
11 Install Water Services-Short Single Service(Labor Only) 9 EA $ 400.00 $ 3,600.00
12 Install Water Services-Short Double Service(Labor Only) 7 EA $ 450.00 $ 3,150 00
13 Install Water Services-Long Single Service(Labor Only) 7 EA $ 1,150.00 $ 8,050.00
14 Install Water Services-Long Double Service(Labor Only) 8 EA $ 1,200.00 $ 9,600.00
15 Connect to Existing Water Main 2 EA $ 3,000.00 $ 6,000.00
16 Furnish&Install Bacteriological Sample Points-Permanent 2 EA $ 500.00 $ 1,000.00
Sample Point(Labor Only)
17 Meter Box(Labor Only) 46 EA $ 25.00 $ 1,150.00
18 Back Flow Device(Labor Only) 46 EA $ 200.00 $ 9,200.00
19 Air Release Valves 2 EA $ 700.00 $ 1,400.00
20 General Restoration-Proposed Main Location 1,300 LF $ 15.00 $ 19,500.00
21 General Restoration-Asbestos Removal Location 1,250 LF $ 15.00 $ 18,750.00
22 Remove&Replace Driveway: Concrete 1,415 SY $ 30.00 $ 42,450.00
23 Remove&Replace Driveway: Asphalt 190 SY $ 30.00 $ 5,700.00
24 Remove&Replace Driveway: Brick Pavers 200 SY $ 120.00 $ 24,000.00
25 Remove&Replace Driveway: Decorative Concrete 240 SY $ 170.00 $ 40,800 00
26 Abandon,Remove&Dispose of Asbestos Concrete Water 1,250 LF I $ 35.00 $ 43,750.00
Main -__�--
27 Relocate Water Service to Proper Line/ROW-Lot 741 1 EA $ 1,000.00 $ 1,000.00
r
28 'Relocate Water Service to Proper Line/ROW-Lot 777 2 EA ( $ 1,000.00 $ 2,000.00
I of 2
RFQ 08-5011-117
Naples Park-97th Avenue Water and Sewer Replacement
ITEM DESCRIPTION QTY UNITS UNIT TOTAL
29
Allowance(Water) Allowance to cover unanticipated costs
including but not limited to: un-located utilities,and
unforeseen site conditions. (No additional payment shall be 1 T&M $ 25,000.00 $ 25,000.00
made for rock excavation,replacement of fill material or
dewatering). Use of allowance must be approved by the
County prior to the execution of the work.
SUBTOTAL Section 2 $ 302,880.00
Section 3: Sewer System
30 Install Gravity Sewer Pipelines(Labor Only)--8"SDR26 PVC 0- 1,384 LF $ 23,00 $ 31,$32.00
6'deep
31 Furnish&Install Standard Precast Concrete Sanitary Sewer 4 EA $ 5,570.00 $ 22,280.00
Manholes
32 Install Single Sewer Services(Labor Only) 50 EA $ 625.00 $ 31,250.00
33 By-Pass Pumping 1 LS $ 15,000.00 $ 15,000 00
34 Connect to Existing Sanitary Sewer System 2 EA $ 3,500 00 $ 7,000.00
_
35 Televising Gravity Sewer Main 1 LS $ 5,600.00 $ 5,600.00
36 Road Restoration-12"Stabilized Subgrade 3,500 SY $ 4.00 $ 14,000.00
37 Road Restoration-6"Limerock Base 3,500 SY $ 11.00 $ 38,500.00
38 Road Restoration-1.5"Asphalt SP9.5 3,347 SY $ 11.00 $ 36,817.00
39 Allowance-Sewer-Allowance to cover unanticipated costs
including but not limited to: un-located utilities,and ,
unforeseen site conditions. (No additional payment shall be 1 T&M $ 25,000.00 $ 25,000.00
made for rock excavation,replacement of fill material or
dewatering). Use of allowance must be approved by the
County prior to the execution of the work.
SUBTOTAL Section 3 $ 227,279.00
SUBTOTAL Section 1 $ 61,000.00
SUBTOTAL Section 2 $ 302,880.00
SUBTOTAL Section 3 $ 227,279.00
TOTAL $ 591,159.00
2 oft
Ie r C.,014.14tV Email: BrendaBrilhart @colliergov.net
Telephone: (239) 252-8446
} r1 r r istrar ve Sonic s`: :vision FAX. (239) 252-6697
ADDENDUM #1
Memorandum
Date: March 17, 2014
From: Brenda Brilhart, Procurement Strategist
To: Awarded Firms 08-5011 Annual Contract for Underground Utilities
Subject: Addendum #1 — RFQ #08-5011-117 Naples Park 97th Avenue North Water & Gravity
Sewer Main Replacement
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
Number of Days to Final Completion: 150 Days Substantlal, 30 Final Total 180
ADD:
• Supplemental Data - Lateral Connections to the gravity sewer
An attached 5 page document is provided for the contractors use in locating the existing sewer
lateral connections to the Sanitary Sewer on 97th Avenue.
• FACT SHEET
On the FACT SHEET add the following paragraph under Scope of Work:
Successful contractor is required to receive, store and be fully responsible for these materials
as specified in of the Collier County Water-Sewer District Utilities Standards Manual.
• As indicated on the FACT SHEET, attached is the list of county-supplied materials.
If you require additional information please post a question on the Online Bidding site or contact me
using the above contact information.
c: Wayne Karlovich, Project Manager
Enc: 2
1
I? : . , Comity Email: BrendaBrilhart @colliergov.net
Telephone: (239) 252-8446
Adni n s :ve Seri;.es lavision FAX: (239) 252-6697
' r:h si?,q
ADDENDUM #2
Memorandum
Date: March 17, 2014
From: Brenda Brilhart, Procurement Strategist
To: Awarded Firms 08-5011 Annual Contract for Underground Utilities
Subject: Addendum #2 — RFQ #08-5011-117 Naples Park 97th Avenue North Water & Gravity
Sewer Main Replacement
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
Updated Bid schedule (see uploaded file)
• New Quote opening date 3/24/2014 @ 4:00 PM
If you require additional information please post a question on the Online Bidding site or contact me
using the above contact information.
c: Wayne Karlovich, Project Manager
Enc: 2
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N IN M M N M I N M M I M M
Bond No. 09080093
Payment Bond
Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY:
MITCHELL&STARK CONSTRUCTION CO., INC. FIDELITY&DEPOSIT COMPANY OF MARYLAND
6001 SHIRLEY STREET
1400 American Lane Schaumburg,IL.60196
NAPLES,FLORIDA 34109 Schaumburg, IL. 60196
OWNER(Name and Address):
COLLIER COUNTY BOARD OF COMMISSIONERS
3301 TAMIAMI TRAIL E
NAPLES,FLORIDA 34112
CONSTRUCTION CONTRACT
Date:03/27/2014
Amount:$591,159.00 Five Hundred Ninety One Thousand One Hundred Fifty Nine Dollars and No Cents DOl.I.ARS
Description(Name and Location): Naples Park 97th Ave.Gravity and Water Main Replacement Project No.70043.18.2,
710100.27
BOND
Date(Not earlier than Construction Contract Date): 03/27/2014
Amount: $591,159.00 Five Hundred Ninety One Thousand One Hundred Fifty Nine Dollars and No Cents DOLLARS
Modifications to this Bond: ❑ None ® See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: MITCHELL&STARK CONSTRUCTION CO.,INC. Company: FIDE CiEPO. IT CO NY OF MARYLAND
��-"" Corporate Seal • Corporate Seal
Signature: ��" � --- Signature: v
Name and Title: Brian Penner Name and Title: Robert E.Williams, r.
CEO Attorney In Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY- Name. .l ddres.s. and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect. Engineer or
other party):
Printed in cooperation with The American Institute of Architects(AI A)by FIDELITY&DEPOSIT COMPANY OF MARYLAND
1400 American Lane Schaumburg, IL.60196 vouches that the language in the document conforms evactl■ to
the huiguage used in AlA Document A-312.December I 98-1 1 1)1 II()N
I'AY7 61111 1//04 09f
With Modifications
1 The Contractor and the Surety,jointly and severally.hind 6 When the Claimant has satisfied the conditions of Paragraph 4,
themselves.their heirs.executors,administrators,successors and the Surety shall promptly and at the Surety's expense take the
assigns to the Owner to pay for labor.materials and equipment following actions:
furnished for use in the performance of the Construction Con-
tract,which is incorporated herein by reference. 6.1 Send an answer to the Claimant.with a copy to the Owner,
within 45 days after receipt of the claim,stating the amounts
2 With respect to the Owner. this obligation shall be null and that are undisputed and the basis for challenging any amounts
void if the Contractor. that are disputed.
2.I Promptly makes payment,directly, or indirectly. for all 6.2 Pay or arrange for payment of any undisputed amounts.
sums due Claimants.and
7 The Surety's total obligation shall not exceed the amount of this
2.2 Defends, indemnities and holds harmless the Owner from Bond,and the amount of this Bond shall he credited for any
claims.demands. liens or suits by any person or entity whose payments made in good faith by the Surety.
claim.demand. lien or suit is for payment for labor.materials
or equipment furnished for use in the performance of the 8 Amounts owed by the Owner to the Contractor under the Con-
Construction Contract,provided the Owner has promptly struction Contract shall be used for the performance of the Con-
notified the Contractor and the Surety(at the address struction Contract and to satisfy claims,if any.under any Con-
described in paragraph 12)of any claims,demands,liens or struction Performance Bond.By the Contractor furnishing and
suits and tendered defense of such claims,demands, liens or the Owner accepting this Bond.they agree that all funds earned
suits to the Contractor and the Surety,provided there is no by the Contractor in the performance of the Construction
Owner Default. Contract are dedicated to satisfy obligations of the Contractor and
the Surety under this Bond,subject to the Owner's priority to use
3 With respect to Claimants,this obligation shall be null and the funds for the completion of the work.
void if the Contractor promptly makes payment,directly or in-
directly, for all sums due.
in-
9'fhe Surety shall not be liable to the Owner,Claimants or others
for obligations of the Contractor that are unrelated to the
4 The Surety shall have no obligation to Claimants under this Construction Contract.'Be Owner shall not he liable for pay-
Bond until: ment of any costs or expenses of any Claimant under this Bond.
and shall have under this Bond no obligations to make payments
4.1 Claimants who are employed by or have a direct contract to,give notices on behalf of or otherwise have obligations to
With the Contractor have given notice to the Surety(at the Claimants under this Bond.
address described in Paragraph 12)and sent a copy,or notice
thereof,to the Owner,stating that a claim is being made under 10 The Surety hereby waives notice of any change, including
this Bond and.with substantial accuracy,the amount of the changes of time,to the Construction Contract or to related sub-
claim. contracts,purchase orders and other obligations.
4.2 Claimants who do not have a direct contract with the I I No suit or action shall be commenced by a Claimant under
Contractor: this Bond other than in a court of competent jurisdiction in the
location in which the work or part of the work is located or after
.1 I hive furnished written notice to the Contractor and sent the expiration of one year from the date(I)on which the Claim-
a copy,or notice thereof,to the Owner.within 90 days ant gave the notice required by Subparagraph 4.1 or Clause 4.2.3.
after having last performed labor or last furnished or(2)on which the last labor or service was performed by anyone
materials or equipment included in the claim stating, or the last materials or equipment were furnished by anyone
with substantial accuracy.the amount of the claim and under the Construction Contract,whichever of(1)or(2) first
the name of the party to whom the materials were occurs. If the provisions of this Paragraph are void or prohibited
furnished or supplied or for whom the labor was done by law,the minimum period of limitation available to sureties as
or performed.and a defense in the jurisdiction of the suit shall be applicable.
.2 Have either received a rejection in whole or in part from
from the Contractor,or not received within 30 days of 12 Notice to the Surety.the Owner or the Contractor shall he
furnishing the above notice any communication from mailed or delivered to the address shown on the signature page.
the Contractor by which the Contractor has indicated Actual receipt of notice by Surety.the Owner or the Contractor.
the claim will he paid directly or indirectly:and however accomplished_shall be sufficient compliance as of the
date received at the address shown on the signature page.
.3 Not having been paid yy ithin the above 3(1 days.have
enl a written notice to the Surety the address 13 When this Bond has been furnished to comply vs ith a statutory
described in Paragraph 13)and sent a copy,or notice or other legal requirement in the location where the construction
thereof,to the Owner,stating that a claim is being
was to he performed.any provision in this Bond conflicting with
made under this Bond and enclosing a copy of the said statutory or legal requirement shall he deemed deleted
previous vsritten notice furnished to the Contractor.
herefrom and provisions conforming to such statutory or other
legal requirement shall he deemed incorporated herein.'fhe intent
5 If a notice required by Paragraph 4 is given by the Ovvner to is that this Bond shall he construed as a statutory bond and not as
the Contractor or to the Surety-that is sufficient compliance. a common law bond.
Printed in cooperation vsith-the American Institute of Architects(AIA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND
•
1400 American Lane Schaumburg, IL.60196 vouches that the language in the document conform,,exactly
to the lanuuaec used in Al A Document A-I 2.December 1984 Edition.
14 Upon request by any person or entity appearing to he a poten- required for performance of the work of the Contractor and
tial beneficiary of this Bond. the Contractor shall promptly fur- the Contractor's subcontractors,and all other items for which
nish a copy of this Bond or shall permit a copy to be made. a mechanic's lien may be asserted in the jurisdiction where
15 DEFINITIONS the labor,materials or equipment were furnished.
15.1 Claimant:An individual or entity having a direct con- 15.2 Construction Contract:The agreement between the
tract with the Contractor or with a subcontractor of the Con- Owner and the Contractor identified on the signature page.
tractor to furnish labor,materials or equipment for use in the including all Contract Documents and changes thereto.
performance of the Contract."the intent of this Bond shall he
to include without limitation in the terms"labor,materials or 15.3 Owner Default: Failure of the Owner,which has neither
equipment"that part of water,gas,power.light,heat,oil, been remedied nor waived,to pay the Contractor as required
gasoline,telephone service or rental equipment used in the by the Construction Contract or to perform and complete or
Construction Contract.architectural and engineering services comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Paragraph 4 is amended to insert sub-paragraph 4.3.which states:
4.3 Claimants have furnished to Surety proof of claim duly sworn to by Claimants with adequate supporting documentation proving the
amount claimed is due and payable.
Paragraph 5 shall he amended to delete the word"or"and insert the word"and'in its place.
Paragraph 6 and its sub-paragraphs 6.1 and 6.2 shall he deleted in their entirety and replaced with the following:
When the Claimant has satisfied the conditions of Paragraph 4.the Surety shall,within 90 days of the date when claimant finally
completed its satisfactions of the conditions of Paragraph 4 notify the Claimant of the amounts that are undisputed and the basis for
challenging any amounts that are disputed,including,but not limited to,the lack of substantiating documentation to support the claim as to
entitlement or amount,and the Surety shall pay or make arrangements for payment of any undisputed amount;provided,however.that the
failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part
of a claim shall not he deemed to he an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the
Contractor's or Surety's defenses to.or right to dispute.such claim. Rather.the Claimant's sole remedy shall be the immediate right.
without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond.
Paragraph 12 shall be amended to add the following paragraph:
CLAIM NOTICE for the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,ZURICH AMERICAN INSURANCE COMPANY,
COLONIAL.AMERICAN CASUALTY AND INSURANCE COMPANY and/or AMERICAN GUARANTEE AND LIABILITY
INSURANCE COMPANY must be sent to the following address: Contract Surety Bond Claims, c/o ZURICEI, 1400 American lane,
Schaumburg,II,60196.
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY: (Corporate Seal)
Company: Company:
Signature: Signature:
Name and Title:
Name and Title:
Address:
Address:
Printed in cooperation with The American Institute of Architects(AIA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND 3
1400 American Lane Schaumburg, IL.60196 vouches that the language in the document conforms esacth to
the language used in AlA Document A-312_I)ccembcr 1084 I`DI"I1t)N
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 Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, 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 Robert E. WILLIAMS,JR., of Brownstown, Indiana, 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 26th day of December,A.D. 2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
''uf
L a Drava, •'µi rNS� ..�
SEAL = --- ; —._'° :(,5
IfM 4. u\ 1966 /6r3
/ 7
jdrizial d e0IT'
BY
Assistant Secretary Vice President
Gerald F. Haley Geoffrey Delisio
State of Maryland
City of Baltimore
On this 26th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
GEOFFREY DELISIO,Vice President,and GERALD F.HALEY,Assistant 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 tdbresaid,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.
\,,\w n0,/,
••,IFV I�.' ",,.
•
( dr.'s:
iL
Maria D. Adamski.Notary Public
My Commission Expires:July S.2015
POA-F 044-3937A
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-tact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, 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 hearing 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 ESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
thi'y day of /14 A-L6 f1 ,20 f .
i
"r» =o`, loos ;oi BBAL
EJ
Thomas O. McClellan, Vice President
Bond No. 09080093
Performance Bond
Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY:
MITCHELL& STARK CONSTRUCTION CO., INC. Fidelity& Deposit Company of Maryland
6001 SHIRLEY STREET 1400 American Lane
NAPLES, FLORIDA 34109 Schaumburg, IL. 60196
OWNER(Name and Address):
COLLIER COUNTY BOARD OF COMMISSIONERS
3301 TAMIAMI TRAIL E
NAPLES, FLORIDA 34112
CONSTRUCTION CONTRACT
Date: 03/27/2014
Amount: S 591,159.00 Five Hundred Ninety One Thousand One Hundred Fifty Nine Dollars and No Cents DOLLARS
Description (Name and Location): Naples Park 97th Ave. Gravity and Water Main Replacement Project No. 70043.18.2,
710100.27
BOND
Date(Not earlier than Construction Contract Date): 03/27/2014
Amount: $ 591,159.00 Five Hundred Ninety One Thousand One Hundred Fifty Nine Dollars and No Cents DOLLARS
Modifications to this Bond: X None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: MITCHELL& STARK CONST. CO., INC. Company: Fidel. & Deposit Com any of Maryland
Corporate Seal Corporate Seal
Signature: r Signature: '
Name and Title: BRIAN PENNER Name and Title: Robert E. Williams,Jr.
CEO Attorney In Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY---Name, Address and Telephone)
AGEN"E or BROKER:
OWNER'S REPRESENTATIVE(Architect. Engineer or
other party):
Printed in cooperation ooith the American Institute of Architects(Al A)by FIDELITY AND DEPOSIT COMPANY
OF MARYLAND 1400 American Lane Schaumburg, IL vouches that the language in the document conforms etactls to the
language used in ALA Document A-312.December 1984 I[dition.
'k I 76(1(127/0601 I
without Modifications
I The Contractor and the Surety, jointly and severally,hind may he liable to the Owner and.as soon as prac-
themselves.their heirs,executors.administrators. successors and ticable after the amount is determined,tender pay-
assigns to the Owner for the performance of the Construction ment therefor to the Owner:or
Contract. which is incorporated herein by reference.
.2 Deny, liability in whole or in part and notify the
2 lithe Contractor performs the Construction Contract,the Owner citing reasons therefor.
Surety and the Contractor shall have no obligation under this
Bond_except to participate in conferences as provided in Sub- 5 If the Surety does not proceed as provided in Paragraph 4 with
paragraph 3.1. reasonable promptness.the Surety shall be deemed to he in default
on this Bond fifteen days after receipt of an additional written notice
3 If there is no Owner Default.the Surety's obligation under this from the Owner to the Surety demanding that the Surety perform its
Bond shall arise alter: obligations under this Bond,and the Owner shall he entitled to
enforce any remedy available to the Owner. lithe Surety proceeds as
3.1 The Owner has notified the Contractor and the Surety provided in Subparagraph 4.4.and the Owner refuses the payment
at its address described in Paragraph 10 below that the P�tra gra p P�
tendered or the Surety has denied liability, in whole or in part.
Owner is considering declaring a Contractor Default and has without further notice the Owner shall be entitled to enforce any
requested and attempted to arrange a conference with the remedy available to the Owner.
Contractor and the Surety to he held not later than fifteen days
after receipt of such notice to discuss methods of performing 6 After the Owner has terminated the Contractor's right to corn-
the Construction Contract. lithe Owner,the Contractor and plete the Construction Contract,and it'the Surety elects to act under
the Surety agree.the Contractor shall he allowed a reasonable Subparagraph 4.1.4.2,or 4.3 above,then the responsibilities of the
time to perform the Construction Contract,but such an Surety to the Owner shall not he greater than those of the Contractor
agreement shall not waive the Owner's right, if any, under the Construction Contract,and the responsibilities of the
subsequently to declare a Contractor Default:and Owner to the Surety shall not he greater than those of the Owner
under the Construction Contract.To the limit of the amount of this
3.2hhe Owner has declared a Contractor Default and for- Bond.but subject to commitment by the Owner of the Balance of
mally terminated the Contractor's right to complete the con- the Contract Price to mitigation of costs and damages on the
tract. Such Contractor Default shall not he declared earlier Construction Contract,the Surety is obligated without duplication
than twenty days after the Contractor and the Surety have for:
received notice as provided in Sub-paragraph 3.1:and
6.1 The responsibilities of the Contractor for correction of
3.3 The Owner has agreed to pay the Balance of the Contract defective work and completion of the Construction Contract;
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform 6.2 Additional legal,design professional and delay costs
the Construction Contract in accordance with the terms of the resulting from the Contractor's Default,and resulting from the
contract with the Owner. actions or failure to act of the Surety under Paragraph 4:and
4 When the Owner has satisfied the conditions of Paragraph 3,the
Surety shall promptly and at the Surety's expense take one of the 6.3 Liquidated damages.or if no liquidated damages are
following actions: specified in the Construction Contract,actual damages caused
4.I Arrange for the Contractor, with consent of the Owner, to by delayed performance or non-performance of the Contractor.
perform and complete the Construction Contract:or
4.2 Undertake to perform and complete the Construction 7 The Surety shall not be liable to the Owner or others for obliga-
Contract itself, through its agents or through independent tions of the Contractor that are unrelated to the Construction
contractors.or
Contract.and the Balance of the Contract Price shall not he reduced
or set off on account of any such unrelated obligations.No right of
4.3 Obtain bids or negotiated proposals from qualified con- action shall accrue on this Bond to any person or entity other than
tractors acceptable to the Owner for a contract for perfor- the Owner or its heirs,executors.administrators or successors.
mance and completion of the Construction Contract,arrange
for a contract to he prepared for execution by the Owner and
the contractor selected with the Owner's concurrence,to be 8 The Surety hereby waives notice of any change_ including
secured with performance and payment bonds executed by a changes of time, to the Construction Contract or to related sub-
qualified surety equivalent to the bonds issued on the contractors,purchase orders and other obligations.
Construction Contract,and pay to the Owner the amount of 9 Any proceeding. legal or equitable.under this Bond may he
damages as described in Paragraph 6 in excess of the Balance instituted in any court of competent jurisdiction in the location in
or the Contract Price incurred by. the Owner resulting from the which the work or part of the work is located and shall he instituted
C'ontractor's default:or within two years after Contractor Default or within two years after
the Contractor ceased working or within two years after the Surety
4.4 ‘k'aiye its right to perform and complete,arrange for reflises or fails to perform its obligations under this Bond, whichever
completion.or obtain a newt/contractor and with reasonable
occurs first. If the provisions of this Paragraph are void or prohibited
promptness under the circumstances:
by law.the minimum period of limitation mailable to sureties as a
.1 After investigation.determine the amount for which it defense in the jurisdiction
Printed in cooperation with the American Institute ol'Architects(AIM by F IDEL11 Y AND DEPOSIT COMPANY
OF MARYLAND 1400 American Lane Schaumburg, IL. vouches that the language in the document conforms exactly to the
language used in AIA Document A-312.December 1984 Edition.
shall he applicable.
10 Notice to the Surety. the Owner or the Contractor shall be Owner in settlement of insurance or other claims for
mailed or delivered to the address shown on the signature page. damages to which the Contractor is entitled- reduced by all
valid and proper payments made to or on behalf of the
11 When this Bond has been furnished to comply with a statutory Contractor under the Construction Contract.
or other legal requirement in the location where the construction
was to be performed,any provision in this Bond conflicting with 12.2 Construction Contract: The agreement between the
said statutory or legal requirement shall be deemed deleted Owner and the Contractor identified on the signature page.
herefrom and provisions conforming to such statutory or other including all Contract Documents and changes thereto.
legal requirement shall be deemed incorporated herein.The intent
is that this Bond shall be construed as a statutory bond and not as 12.3 Contractor Default: Failure of the Contractor. which
a common law bond. has neither been remedied nor waived.to perform or
12 DEFINITIONS otherwise to comply with the terms of the Construction
12.1 Balance of the Contract Price: The total amount payable by Contract.
the Owner to the Contractor under the Construction Contract 12.4 Owner Default: Failure of the Owner,which has neither
after all proper adjustments have been made,including allowance been remedied nor waived,to pay the Contractor as required
to the Contractor of any amounts received or to be received by the by the Construction Contract or to perform and complete or
comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page).
CONTRACTOR AS PRINCIPAL SURETY:
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
Printed in cooperation.with the American Institute of Architects(AIA)by FIDELITY AND DEPOSI IT COMPANY
OF MARYLAND 1400 American Lane Schaumburg, IL. vouches that the language in the document conforms exactly to 3
the language used in AIA Document A-3I2.December 1984 I-dition.
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 Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, 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 Robert E. WILLIAMS, JR., of Brownstown, Indiana, 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 26th day of December,A.D. 2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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Assistant Secretary Vice President
Gerald F. Haley Geoffrey Delisio
State of Maryland
City of Baltimore
On this 26th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
GEOFFREY DELISIO,Vice President,and GERALD F.HALEY,Assistant Secretary,of the Companies,to me personally known to he 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.
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Maria D. Adamski.Notary Public
My Commission[spires' July 8.2015
POA-F 044-3937A
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 he 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 he 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.
I iESTTMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
thia - day of /l4j414 ,20/f.
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Thomas O. McClellan, Vice President