Agenda 09/27/2011 Item #16C3
912712011 Item 16.C.3.
~
EXECUTIVE S~Y
Reeommendatiooto .approve a Work Order iD the alltODot of $24'7,077.50 to MiteheU & ..
CODstruetion Co., Ine., for ClearweD aDdCoDeentrate.Pump StatiollRehabilitatioD uo4er~et
08-SC}11 - FIXed-Term UDderaro.ott Utilities cORtraet, Project 71002.
~
()~c;lJVE: Thept,lbl~.purpose for this "ork Order is. to remain in compliance and meet
demand by rebabilitatingthe Clearwell an4.Concentrate Pump Station at · the. North .County
Regional Water Treatment Plant (NCRWTP).
CONSIDERATIONS; On June 24, 2008, as . Agenda Item 100, the Board of County
Commissioners (Board). adopted the 2008 Water Master Plan Update that identified the
requirement for rehabilitating the NCRWTP Clearwell and Concentrate Pump Station Wetwell.
The proposed scope of work is consistent With the 2008 Water Master Plan Update, Project
Number 71002, "NCRWTP High IDS RO Design, Construction and Supply" Section 8, Table 8.
2, page 1 of 5, line 29; and with the 2010 pptable Water CIP Update, page 2 of 4, line. 53, as
identified in the 2011 User Fee Rate Study. i
The Clearwell and CODCeJ:itrate Pump Statio~ is located at the NCRWTP, loeated off Vanderbilt
Beach Road Extension. The rehabilitation qf this equipment is Phase Two of the three phase
prolt8Jl1 for ''NCRWTP High IDS RO Design, Construction and Supply." Phase One
"Degasification and Odor Control", as appro~ed by the Board on March. 9, 2010 as Agenda Item
IOC, was successfully completed on July 29,12011. Phase Three, ''High IDS Reverse Osmosis",
is planned for 21)1 7a~rding to the 2010 AUm.
.
The concrete interior of the clearwell is deteriorating. Enough concrete has eroded to expose the
steel reinforcing bars within its walls. The~e physical conditions require greater than normal
chemical treatment to meet water quality. sttmdards, which in turn erodes the concrete faster.
There is only one clearwell,.and.ifit were to fail structurally, the entire plant could not produce
any potable water. . Treatment in the cIearweU is the last step in the process, so it is equally
important that the interi.or surfaces of the clearwell are rehabilitated to preserve the quality of our
drinking water. .
Likewise, the. interior of the concentrate pump station wetwell has also deteriorated,. exhibiting
flaking and loose paint, scale andsecijment buildup. In order to keep the pump sunion
functioning as intend.ed and to prevent structural failure, the wetwell surface.needs to be restQred
to its original.condition.
~
To address these issues, the Water D~ent requests.tbat the. clearwell and wetwell be
rehabilitated. The. clearwell will be cl~repaired, and sealed with a protective, potable
drinking water approved coating, meeting NSF/ANSI Standard 61 requirements. The coating
will have a ten year warranty for material anfllabor. The pump station wetwell will.beclea.ned
of all scale and sediment and structurally instiected thereafter.
Request for Quotation No. 08-501l-51~ "Clearwell and Concen1rate Pump Station
Rehabilitation,". was. posted on July 25, 201i1, and distributed to all vendors under the Fixed-
Packet Page -1653-
9/27/2011 Item 16.C.3.
--.. Term Underground Utilities Contract 08-5011 via the county's electronic bid process. Of the five
vendors notified, four submitted quotations by the August 19, 2011, deadline. The quotations
received are summarized in the table below.
Vendor
Mitchell & Stark Construction Co., Inc.
Quali Ente rises, Inc.
Haskins, Inc.
DN Hi ins, Inc.
Quotation
$247,077.50
$258,904.10
$265,592.50
$377,485.20
Staff reviewed the quotes and found them to be fair and reasonable, and concluded that Mitchell
& Stark Construction Co., Inc. submitted the lowest, qualified and responsive quote. This
contractor has a satisfactory performance record on previous projects with Collier County. The
design professional's letter dated August 23, 2011, recommending award to Mitchell & Stark
Construction Co., Inc. is attached. The quote from Mitchell & Stark Construction Co., Inc. is
approximately 12 percent less than the engineer's estimate of $282,000.00. The Purchasing
Department has reviewed the information in this Executive Summary.
Contract 08-5011 - Fixed Term Underground Utilities Contract, Project 71002 was approved by
the Board on March 11, 2008 (Agenda Item lOH). It is presently in its third and final renewal
and due to expire in 2014.
.-.,
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2012 Capital Budget
approved by the Board of County Commissioners on September 22, 2011. The source of the
funding is water user fees (412).
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote. -JBW
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to insure the viability of public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water-Sewer District,
l. approve award of the work order in the amount of $247,077.50 for Clearwell and
Concentrate Pump Station Rehabilitation to Mitchell & Stark Construction Co., Inc., as
attached hereto; and
2. authorize the Chairman to sign and execute the work order.
Prepared By: Jason Tomassetti, P.E., Senior Project Manager, Public Utilities Division
Attachments: Bid Tabulation
EOR Recommendation Letter
Work Order
Project Timeline
.-.,
Packet Page -1654-
9/27/2011 Item 16.C.3.
COLLIER COUNTY
.-...
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to approve a Work Order in the amount of $247,077.50
to Mitchell & Stark Construction Co., Inc., for Clearwell and Concentrate Pump Station
Rehabilitation under Contract 08-5011- Fixed-Term Underground Utilities Contract, Project
71002.
Meeting Date: 9/27/2011
Prepared By
Name: TomassettiJason
Title: VALUE MISSING
9/1/2011 3 :29: 18 PM
Submitted by
.-.....
Title: V ALUE MISSING
Name: TomassettiJason
9/1/2011 3:29:19 PM
Approved By
Name: Pam Libby
Title: Manager - Operations-Water/WW,Water
Date: 9/6/2011 8:18:26 AM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 9/6/2011 8:20:18 AM
Name: HapkeMargie
Title: VALUE MISSING
Date: 9/6/2011 11:19:39 AM
Name: Paul Mattausch
Title: Director - Water, Water
Date: 9/7/2011 9:08:29 AM
-...
Packet Page -1655-
9/27/2011 Item 16.C.3.
----
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 9/8/2011 2:01:21 PM
Name: SunyakMark
Title: Project Manager, Principal,Public Utilities Engineering
Date: 9/9/2011 8:24:13 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 9/9/2011 8:51:28 AM
Name: HapkeMargie
Title: VALUE MISSING
Date: 9/9/2011 8:59:11 AM
Name: Carnell Steve
Title: Director - Purchasing/General Services,Purchasing
Date: 9/9/2011 2:51:28 PM
,-..
Name: YilmazGeorge
Title: Director - Wastewater, Wastewater
Date: 9/12/201111:32:19 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/14/20 1 1 10:22:50 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 9/18/2011 10:45:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/19/2011 11 :55:00 AM
Name: OchsLeo
Title: County Manager
Date: 9/19/2011 1:30:48 PM
----
Packet Page -1656-
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August 23, 2011
Mr. Jason Tomassetti, P.E.
.Senior ;project Manager
Collier County 'Public Utilities Division
3301 E. Tamiami Trail, Bldg. H, 3rd Floor
Naples, Florida 34112
Re: Recommendation of Award - Mitchell & Stark Construction Co., Inc.
NCRWTP.,-; Clearw"ell and Concentrate Pump S~tion Rehabilitation
RFQ 0&-5011-51
Dear Mr. Tomassetti:.
Four bids were received on Friday, August 19,2011 for th.e referenced project. Mitchell
& Stark Construction Co., Inc. were the apparent low bidder with .a Total Lump Sum Bid
amount of $247,077.50. A copy o{the bid tabulation is attached to this letter.
.~
Mitchell & Stark CO,nstruction Co., Inc. bas worked with the County on several projects.
. Based on our review of the bids and knowledge of Mitchell &'Star~'s qualifications, we
recommend that ~e construction contract for the referenced project be awarded to
Mitchell & Stark Construction Co., Inc... , .
If you have any -questions, please contact us. HDR is looking forward to working with
the Collier County and Mitchell and Stark on this Project. .
Sincerely,
HDR Engineering, Inc.
Steven M.BUPp,bpr---
Project Manager
enclosure (bid tabulation)
~
HDR Engineering, Inc.
5426 Bay Center
Drive, Suite 400
Tampa, FL 33609
Phone: 813.282.2300
Fax: 813.282.2430
www.hdrinc.com
Packet Page -1658-
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Packet Page -1659-
WORK ORDER
9/27/2011 Item 16.C.3.
Agreement for Underground Utility Contracting Services
..-....
Dated: September 2,2011 (RFPlBid 08-5011)
This Work Order is for General Contractor's Services for work known as:
Project Name: Clearwell and Concentrate Pump Station Rehabilitation 08-5011-51
Project No: 71002
The work is specified in the quote dated August 19,2011 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 is assigned to: Mitchell and Stark Construction Co., Inc.
Scope of Work: As detailed in the attached quote for RFQ #08-50 II-51 and the following:
* Task I
* Task II
* Task III
-Clearwell Rehabilitation
-Concentrate Pump Station Rehabilitation
-Owner Directed Allowance
Schedule of Work: Complete work within 365 days from the date of the Notice to Proceed.
Compensation: In accordance with Article Two of the Agreement, the County will compensate the Firm
in accordance with following methodes): [glNegotiated Lump Sum; DLump Sum Plus Reimbursable
Costs; DTime & Material (established hourly rate); DCost Plus Fixed Fee, as provided in the attached
quote.
..-.,
Task I
Task II
Task III
TOTAL FEE
$201,750
$13,100
$32227.50
$247,077.50
Any change made subsequent to final department approval \vill be considered an additional service and
charged according to the ~~abl~:.9Jlrly rates in the Contract Agreement.
\ , ,.- I \
PREPARED BY: --~---.:4 ,---l OJj '2 1\\
Jason Torna setti, P.E.~Senior Project Manager, P1JPPMD Date'
APPROVED BY:
D'" 4zju>p
Dow 1/f;
i.
Il>!,? IUI)
Date /
19;;';:'/~j I
APPROVED BY:
APPROVED BY;
APPROVED BY:
Date
,-..
Packet Page -1660-
9/27/2011 Item 16.C.3.
WORK ORDER, PAGE 2
Agreement for Underground Utility Contracting Services
~
Dated: September 2, 2011 (RFPlBid 08~5011)
~..
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-,
Date
,A It J
/ "
APPROVED BY:
c- ~.--'" _ _ ___ '?
George Yilmaz,PhD, P.jt, Administrator
1!ui-t f~
Nicole Parker, Contracts Specialist
9 ~;;/
Da4 I
APPROVED BY;
ATTEST:
DwightE. Brock, Clerk
BOARD OF COUNTY COMMISSlONERS
Collier County, Florida
By:
Deputy Clerk
By;
Fred W. Coyle, Chairman
Mitchell and Stark Construction Co., Inc.
B~U_ "~w..- .
I-A.~ChtLd P,W.(t~f-htCv 1/. ~.
(Print Name!Title) I
~
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
~
Packet Page -1661-
9/27/2011 Item 16.C.3.
----
COlliER COUNTY FLORIDA REQUEST FOR QUOTATION #08-5011-51
Clearwell and Concentrate Pump Station Rehabilitation
PROPOSAL PAGE
DUE DATE: 2:00 om on Auaust 19. 2011
The undersigned, as quoter, hereby declares that the firm has examined the specifications and
is informed fully in regard to all terms and conditions pertaining to the project and, if this
Proposal is accepted, to furnish same in full, according to the following:
SEE SEPARATE EXCEL FiLE FOR BlD FORM
~
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 18th day of August.
2011 in the County of Lee, in the state of Florida.
Mitchell & Stark Construction Company, Inc.
Firm's Complete Legal Name
239-332-1632
Telephone Number
239-332-2619
FAX Number
mwesthafer@mitchellstark.com
Email Address
9009 High Cotton Lane
Address
Fort Myers
City
Florida
State
33905
Zip
845897
Florida Certificate of Authority Doxu~ent Number (www.sunbiz.Drolseerchlhtml)
'-A- ..".0 C ~
Signature 'f ---
Vice President
Title
Michael P. Westhafer 8/19/2011
Print Name Date
~
RFo.. ContractDr!ven_RevisedSeptember2009
4
Packet Page -1662-
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9/27/2011 Item 16.C.3.
EXHIBIT A-2 Contract Amendment # 2
~
08-5011 "Annual Contract for Underground Utility Contracting Services"
This amendment, dated !llL, 2009 to the referenced agreement shall be by and between the parties
to the original Agreement, Mitchell & Stark Construction Co. Inc., (to be referred to as "Contractor") and
Collier County, Florida., (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 08-S011- "Annual Contract for Underground Utility Contracting Services"
The following additional language shall be added to Section 2, Statement of Work, paragraph 7. The
addition to the existing language in the Agreement is shown herein by underline:
The Contractor will be compensated for time and material work, either emergency or scheduled, in
accordance with the rate sheet with material and specialty equipment markup attached hereto and
incorporated by reference. Markup for subcontractors shall not exceed ten percent (10%).
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
Accepted:
1f I~
, 2009
~
CONTRACTOR:
MITCHELL & STARK CONSTRUCTION CO. INC.
BY:~-"'_
OWNER:
Br lC"li..~ f ~/I.I Q;/'"
Type Name of Signatory
(Fe
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~1 ./
Pam Libby, Project
ch
'\
~
PacketPage-1664-
Packet Page -1665-
----
MATERIALS FROM YARD
BAG OF CEMENT
CONCRETe
_NCH PVC C900 DR 18
NCH PVC C900 DR 14
INCH PVC ClOD OR 18
e INCH PVC C900 OR 14
8 INCH SLEEVE
BINCH SLEEVE
SINCH MEGALUG
SINCH MEGALUG
57 STONE
LIMEROCK
FILL
e INCH OR 26 SEWER
6 INCH OR 2B SEWER
6 INCH C LEANOUT MATeRIAL
SEWER REPAIR SLEEVE
$9.00 EA
$140,00 CY
$7.00 LF
$11 ,00 LF
$7.00 LF
$8.00 LF
$1OS.00 EA
$95.00 eA
$45.00 EA
$40.00 EA
$20.00 TN
$14,00 TN
$18,00 CY
$6,00 LF
$5.00 LF
$175,00 EA
$40.00 EA
MATERIALS FROM YAM
BAG OF CEMENT
CONCRETE
6 INCH PVC ClOD DR 18
8 INCH PVC CIIOO DR 14
6 INCH PVC ClOD OR 1.
6 INCH PVC CIOO DR 14
8 INCH SLEEVE
SINCH SLEEVE
8 INCH MEGALUG
e INCH MEGALUG
67 STONE
LIMEROCK
FILL
SINCH OR 26 SEWER
e INCH DR 28 SEWER
6 INCH CLEANOUT MATERIAl
SEWER REPAIR SLEEVE
ANY MATERIAL PROVIDED NOT FROM YARD ADO .MATERIAl MARK UP OF 15 PERCENT.
.
~
.
$9.00
$140.00
$7.00
$11.00
$7.00
$8.00
$108.00
$95.00
$45.00
$40.00
$20.00
$14.00
$18.00
$6.00
$5.00
$175.00
$40.00
9/27/2011 Item 16.C.3.
EA
CY
LF
LF
LF
LF
EA
EA
EA
eA
TN
TN
CY
LF
LF
EA
EA
~
Packet Page -1666-
9/27/2011 Item 16.C.3.
,-.....,
Bond No. 08979036
Payment Bond
Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable.
CONfRACTOR (Name and Address):
MITCHEll & STARK CONSTRUCTION CO., INC.
6001 SHIRlEY STREET
NAPlES, FLORIDA 34109
OWNER (Name and Address):
COlLIER COUNTY BOARD OF COMMISSIONERS
3301 TAMIAMI TRAIL E
NAPLES, FLORIDA 34112
CONSTRUCTION CONTRACT
Date: August 23, 2011
Amount: 247,077.50 Two hundred forty seven thousand seventy seven dollars and filly cents
Description (Name and Locatilln): RFC 08-5011 Clellrwellllnc! Concentrate Pump Station
SURETY:
FIDELITY & DEPOSIT COMPANY OF MARYLAND
9229 DELEGATES ROW SUITE 300
Indianapol.is. Indiana 46240
,-.....,
DOllARS
BOND
Date (Not earlier than COnstruction Contract Date): September 7. 2010
Amount: $247,077.50 Two hundred forty seven thousand seventy seven dollars and fifty cents
Modifications to this Bond: 0 None [j See Page 3
CONTRACTOR AS PRINCIPAL SURETY
DOLLARS
~ompany: MITCH~CTION CO" INC.
Signature:
Name and Title: Brian Penner
CEO
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER; OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Corporate Seal
Company: FID
OF MARYlAND
Corporate Seal
Signatw:c:
Name and Title;
Printlldin coopctatiou"Willl Th~Amcti<:anlDstitul&o of Architoc.:t& (AIA)~' FIDElITY & DEPOSIT COMPANY OF MARYLAND
9229 DELEGATES ROW SUITE 300 vouclwa that tb~ language in tbll doellllllmt collfomul ClUllltlr to
th" Impa8" Utcd in AlA DocumontA-3tZ. December 19114 EDmON.
P,\Y760DIZZ0409f
Willi ModificatiODB
---
Packet Page -1667-
----
~.
I~
I
I The Contnlctor and !he Swoty. jointly IlIld lIIlVomlly, bind
themsolves, their heirs, c:tccutom, administrlltors, S1IIlC1C&sc:lfS and
lIIlllipB to the Ownor to pay for labor. materials and eqwpmont
fumi shed for use in the performance of the Conli1lructioD COD-
1nll:t, which is incofPOrnted herein by reference.
2 With respec:t to the Owner. this obligation shall be Dull and
void if the Contractor:
2.1 Promptly mBbs payment, directly or indi~y, for all
sums due Claimants. IlI1d
2.2 ncfends, indemniflOs and holds harmless the Owner from
claims, demands, liens or BUns by any pel'llOn or entity whose
claim, demand. lien or suit is for payment for labor, materials
or equipment furnished for use in the pcrforma.ncc of the
Construction Contract, provided the Owner has promptly
notilied the Coa1rllctor and the Sumy (at the IIddrcss
deseribed in pamgmph 12) of any claims, lkmands, liens or
suits and tendered defense of such claims, demwuls, liens or
suits to the Contraetor and the Surety. provided there is no
Owner Dcfuult.
3 With rcspcot to Claimants. this obliS4tion shall be DIIJl and
void if the Contrat.1or promptly makos payment, directly or ill-
dilUtly, for aU sums due.
4 The Surety shall have no obliS4tion to ClllilDllllts under this
Bond ootil:
4,1 CluiBumts who are employed by or have 11 direct coDtroct
with the Contractor have giVOl1 notice to thc Surety (at the
address described in Paragraph 12) and sent a copy, or notice
thereof; to the Owner. stating that a e1o.im is being mooe tmder
this Bood and. with substantial acC1II1WY, the amount of the
clo.im.
4.2 Claimants who do not hlIVe a direct contract with the
Contractor:
.1 Have furnished written notice to the Contnu;tor and sent
a copy, or notice thcrt>Of, to thc Owncr, within 90 days
after having lllst performed labor or IllS'! furnished
materials or equipment included in the tlmm stating.
with substAntial lICcuracy. the amooot oftbe clo.im II11d
the DllIDe of the pl1Ii)' to whom the materiuls were
furnished or supplied or for whom the labor WIlS done
or perfonned; and
.2 Have either received a rejcction ill whole or in pllrt from
trom the Contmctor. or not received within 30 days of
fumishing the above noticclUlY communication from
the CQlltrll(:1or by whicb the Contraclor has indicated
the claim will be paid directly or indire<>t!y; and
.3 Not having been paid within the above 30 days, have
scl1t a written noticc to the Surety (at the addreSll
described in P/lTll.gT8ph 12) IIIld scnt a copy, or notice
tberoo~ 10 the Owner, stating that a chum is being
made under this Bond and enclosing a copy of the
previous written notice furnished to the Contractor.
S If a notiec required by Paragraph 4 is given by the Owner to
the Contractor or to the Surety, that is suflicien1 compliance.
9/27/2011 Item 16.C.3.
6 When the Claimant hIlS SlItisfied the eonditions of Parugrapb 4,
the SlD'Cty shall promptly wuI at the S~>s expcDso tab the
following actions:
6.1 Send an answer to the Claimant, with II topy to the Owner,
within 45 dn)'S after C1lCcipt of the clo.im, s1l1lin1! the amounts
thll1 arc undi sputed and the basis for challenging any amounts
tha IIfC disputed.
6.2 PlI.)' or IU'TllI1ge fur pB)'Illent of any undiSpu1cd amounts.
7 The S uroty's total obliS41ion shall not ~ecd the amount of thi s
Bond, II11d the amoun111fthis Bond shAll be credited fur any
payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contmetor under the Con-
struction Contmet sb4U be used for the perfonnllnce of the Con-
struction Contract and to satisfY claims, if any, under any Con-
struction Pezformance Bond. By the Con1rllctor furnishing and
the Owner tlCCCpting this Bond, they agree that all funds earned
by the Contractor in the pcrfonnllllCC of the ConlllrUction
Contnu:llUe dedica10d to satisfY obligations of the Contractor and
the SUftlty under this Bond. subject to the Owner's priority 10 use
the fUllds for the completion of the work.
9 The S~ty shall Dol be liable to the Owner, C1nimlUlts or others
for obligations of tho Contnwlor that are unrelated to the
Construction Contract. The Owner shall DOt be liable for pay-
mont of any costs or e:rpcnscs of any Claimant under this Bond.
and shaJ1 have under this Bond no obligations to make payments
to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10 The Surety hereby wo.ives notice of any change, including
changes of time, to the Construction ContrlWt or to related sub-
contrncts, purchasc orders and other obligations.
1] No suit or ootion shall be commCDCCd by a Claimant under
this Bond other than in a court of competent jurisdiction in the
looation in which the WIlrk: or pIl.rt of the work: is loca1ed or llI\er
the expiration of one year from the date (1) on which the Clllim-
ant gave the notice requited by Subparagraph 4.1 or Clause 4.2.3,
or (2) on which the last labor or service was performed by anyone
or the last materials or equipment were iumished by llnyone
under the Construction Contract, whichever of (1) or (2) fin.1
occurs. If the provisions of this ParagrDph IIfCvoid or prohibited
by law, the minimum period oflimitation avllilable to sureties as
a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contrnctor shllll be
mailed or delivered to the address shown ou the signature page.
Actual receipt of notice by Surety. the Owner or the Con1nll:tor,
however accomplished shnll be sufficient compliance IlS of the
date received al the address shown on the sigDllturc page.
13 When this Bond has been furnished to comply with a statutory
or othor legal requiremOl1t in the location where the construction
was to be performed, Ilny provision in this Bond conflicting with
so.id statutoI')' or legal requirement shall be decmed deleted
herefrom and provisions conforming to such slAtutolY Dr other
legal requirement shall be deemed incorporated herein, The intent
is that this Bond shall be construed as a statutory bond and oot as
11 common law bond.
Pr:ilIted in l:Doporatioa. with nll' Amori.....lDBtilulc of Architolb (AlA) by F1DEUTY & DEPOSIT COMPANY OF MARYLAND .
9229 DELEGATES ROW SUITE 300 \/Oucbllll that Ib" language in th" documcat I:llIIf'orma IlXlIl'tI),
10 tho language usllll in AlA J)oIlUJlU:nt A-l2, DIlc:am her 11*4 Edition.
2
Packet Page -1668-
14 Upon request by /lilY person or entity appearing 10 be a poten-
tial beneficiary of' this Boad, the Contrac~r sbn11 promplly fur-
nish a copy of this Bond or shall permit 1\ copy ~ be made,
15 DEFINITIONS
IS.! Claimant: An individual or entity having 0 directeoll-
traet with the Corl1n1ctor or with a subcontractor of the COli-
troctor to furnish labor, materials or cquipmDl1t for WlO in the
pelformancc of the Contract. The intent of this BODd shall be
to inchu.le without limitation in the terms Mlobor, materials or
equipment" that part of W/ltcr, Sas, poWllr. light, heat, oil,
gasoline, telephone service: or nmtal equipment used in the
ConstructiD1l Contract, arohitectum1 and cnginDCring service:s
9/27/2011 Item 16.C.3.
~uircd for pcrform/lllce of the work of the Contnletor and
the Conlractor's subcontrac~rs. and all othcr items for which
1\ mCllbl1l1ie's lien may be _rtcd in the jurisdiction where
the labor. materials or equipment WOR furnished.
~
J 5.2 CoOS1ruction Contrect: The agrclllnent bcrtweon the
Ownor and tho Contmelor idDl1tificd on the signature: page,
including all Contraot Documents ADd changes thereto.
15.3 Owner Default: Foilure of the Owner, whiclb has neither
been remedied nor waived, to pay the Cootmetor os ~qujred
by the Construction Colltract or to perfonn and complete Dr
comply with !he other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
PDragJllph 4 is amended to insert sub-peragmpb 4,3, which 8Ia1os:
4.3 ClaimADts ha....e fumished to Surcty proof of claim duly swom to by Claimants with adeqUAte supporting doeumenta1ion provins the
lII1lount claimed is due and payable.
Paragraph 5 shall be lIIDendcd to delete the word "or" and insert the word "Md' in its place.
PllIIlBrapb 6 l1Dd its sub-paragraphs G.llUld 6.2 shall be deleted in their entirety IIIld replaced with the following:
When the CIAiml1llt has 8Iltistied the cODditioDS ofPllf8g11Ipb 4, tho Surety shall, within 90 days cftbe date whon claimant finally
completed its satisfactiollS of the conditions of Paragraph 4 notify the Claimant of the lIJDounls that are undisputed and the basis for
challonging any amounts thllt are disputed, including. but not limited to. the lack of substantiating documentation to support tho claim us to
entitlement or amount, and the Surety shall payor IIIIIkc lUllIIIgCments for payment of any undisputed amoWlt; provided, however, that the
tililure of the SUI1lty to timely discharge its obligations under this Plll'agJ'llph or to dispute Dr identify any specific defense to all or lUly part
of a claim shal1 no1 be deemed to be an admission of liability by the Sllnlty I1S to such claim or otherwise eonstitulc n waiver of the
Contractors Of Surety's defenses to, Dr right to dispute. sucJJ IlIaim. Rather, the ClaimlUlt's sole romedy sball be the immediate right,
without further notice, to briog suit Ilpinst the Surety to enforce any rcmed)" available to it under this BOIK!.
Pllm8f/IPh 12 shllll be tUlIcndcd to IIdd tho followins PDfIIBnlPh:
CLAIM NOTICE for tho FIDELITY AND DEPOSIT COMPANY OF MARYLAND. ZURICH AMERICAN INSURANCE COMPANY.
COLONIAL AMERICAN CASUALTY AND INSURANCE COMPANY and Dr AMERICAN GUARANTEE AND LIABILITY
INSURANCE COMPANY must be sent to the followins address: Contnu:t SUI1lty Bond Claims, (> 0 ZURICH. J 400 Ameriean Unc,
SchaumblUJ, IL 50196,
~
(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:
Address:
Name and Title:
Address:
PriDfl>d ill eoop"l'llhOllwith 11.., Amll[ican ~ ot' Arcbillldl (AlA) by FIDeliTY & DEPOSIT COMPANY OF MARYLAND
9229 DELEGATES ROW au ITE 300 VOIIcbllll that !he Ianguagt;' ill!h" dolOllllU:lrt llODfomu .......u,. to
tb" luIguag" Uic:d ill AIA DoCll1lUmt A-312, DeccmblOf 19114 EDmON.
3
Packet Page -1669-
9/27/2011 Item 16.C.3.
,.-..
Power of Attorney
FIDEL.ITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by Wll..LIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said cEmpan y, . are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute
and appoint Robert E. WILLIAMS, JR., of Brownstown, Iodina, i t mey-in-Fact, to
make, execute, seal and deliver, for, and on its behalf lIS S Dds and
undertakiDgs, and the execution of such bonds or . ~ ' shall be as binding upon said
Company, as fully and amply, to~l inte ecuted and acknowledged by the
regularly elected officers of the c " m their own proper persons. This power of attorney
revokes that issued . . arch 4, 1998.
The said Assistant the ex1ract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, oftbe By- , and is now in force.
IN WITNESS OF, the said Vice-President and Assistant Secretary have herelDlto subscn'bed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of July, A.D.
2009.
A TrEST:
FIOEUTY AND DEPOSIT COMPANY OF MARYLAND
~ )),~
i;(.- .1. l
I . .. ii, >if
lit- . '/ K/'W
----
Eric D. Bames
By:
Assistant Secretary William J Mills
/
Vice President
State of Maryland }ss.
City of Baltimore .
On this 14th day of July, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscnbed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, J have hereWlto set my hand and affixed my Official Seal the day and year first above
written.
~,\\\"U"""
{f(::~i::l1;)
"''') ~ ~~~';;iiii...~~ ~~,,, ~
J1hUIll"
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~..o.nvL a . ..J..A/Y',-r_~
Constance A. Dunn Notary Public
My Commission Expires: July 14,2011
----
POA-F 044-3937
Packet Page -1670-
9/27/2011 Item 16.C.3.
,,-.....,
Bond Nl). 08979036
Perfonnance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
MITCHELL &. 8T ARK CONSTRUCTION CO., INC.
6001 SHIRLEY STREET
NAPLES, FLORIDA 34109
OWNER (Name and Address):
COLLIER. COUNTY BOARD OF COMMISSIONERS
3301 TAMIAMI TRAIL E
NAPLES, FLORIDA 34112
CONSTRUCTION CONTRACT
Date: August 23, 2011
Amount: $ 247,077.50
SURETY:
Fidelity & Deposit Company of Maryland
9229 Delegates Row Suite 300
Indianapolis, Indiana 46240
Two Hundred forty seven thousand seventy seven dollars and fifty ceJ1l:s
DOLLARS
Description (Name and Location): RFQ 08-5011-51 Clea.rwell and Concentrate Pump Station
----
BOND
Date (Not earlier than Construction Contract Date): August 23, 2011
Amount: $ 247,077.50 Two Hundred forty seven thousand seventy seven dollars and fifty cents
Modifications 1:1.' this Bond: X None 0 See Page 3
DOLLARS
CONTRACTOR AS PRINCIPAL
SURETY
Company:
Company: MITCHELL & STARK CONST. CO., INC.
s_, ~ -
Name and Title: RlAN PENNER
CEO
(Any additional signatures appear on page 3)
(FOR INFORMA:I'ION ONLY-Name, Address and Telephone)
AGENT or BROKER:
Signature:
Name and Title: Robert E. Willi
Attorney In Fact
Corporate Seal
Corporate Seal
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
PriJlted in COOptorlltioD with thl> American InatitutlO of Anhi~ (AlA) 1>)-
ww:luoi that thl> Jansuag<: in tho doClllllomt oonfomw &>:taotl).1o Ihll
language lIlIcd in AlA DocUDllmt A-312, o..CI>lIIbor 19l14 Edition.
PRF76002ZZ060 1f
WithDIII Ml>di:fioatiOIlB ,,-.....,
Packet Page -1671-
,..-...
1 The Contmctor and the Surety. jointly and severally. bind
themselves, their heirs,. exccutors,.lIdministrators,. successors and
assigns to tho Owner for the performance of the Construction
Contract, wbich is inc;orporatcd herein by refcIeI1cc.
2 If tho Contra&:tor performs the ConstnJetion COntnlCt. the
Surety and the Contructor shall have no obligation under Ibis
BOIl~ e:u:ept 10 participate in confomncos lIS provided in Sub-
paragraph 3.1.
3 Iftbcrc is no Owner Default, the Slnty's obligation under this
Bond shall arise after:
3.1 The Owner has notified the Con1rac;tIlr lIDd the Suret}.
at its address described in PlIIllgmph 10 below that the
Ownor is considoring dcelaring a Con1nlctor Default lIDd has
requested and aucmptcd to IIIT1Ulge a conferenee with the
Contiuctor and tho Surety to be held not later than fifteen days
after rccoipt of such notiu to diseuss methods of performing
~ Construction Contract. If the OWllOr, the Contmclor and
the Surety agree, the Conlractor shall be allowed 11 rcnsonable
time to perform the Construction Contract. but such an
agreement shllll not waive the Owner's right,. if any.
subsequently to declare a ContrlKllor Default; and
3.2 The Owner has declllltld a Contractor DefuulllUld for~
IIII1ily tennil1l1ted the Con1rac1or's right to complete the COD-
tract Such Contraclor Default shall not be declared elU'lier
thIln twenty days ntl.er tho Contractor and the Surety have
rcecived notice as provided in Sub-J'lItIlBraph ).1; and
3.3 The Owner has agreed to pay the BallI.IlCC of the Contract
Price 10 the Surety in lICCordunco with the terms of the
Construction Contract or to a conlractor selected to perform
the Construction COntmClt in oocordll1lllc with the 1erms of the
conlrllet with the Owner.
4 Whon the Owner has satidied thc Ilonditions ofParagrllph 3. !he
Surety shall promptly and at the Surety's cxpense takc onc of the
following oo1ions:
4.1 AlTl111ge for the Controotor, wi!h consent of the Owner, to
perform and complete the Construction Contruct; or
4.2 Undcrtllla: to perform and complete the Construction
Contract itself; through its agents or through independent
contrl1(;tors; or
4.3 Obtain bids or negotiated proposals from qualified cOo-
traetllrs occeptable to the Owner for allOlltract for perf or-
munce and complction of the Constructioll Contract, IlJTllI1ge
for 11 contrllCt to be prepared for execution by !he Owner and
the contractor sclcc.ted with the Owner's concummcc, to be
secwed with perfonnll1lce and payment bonds exceuted by II
qualified surety equivalent to the bonds issued on tbc
Construction Con1nlet, l1l1d pay to the Owner the amount of
damages us described in Paragraph 6 in excess of the Balance
of the ContrllCt Price ineurred by the Owner resulting from the
Contractor's defDUlt; or
4.4 Waive its right to perform and complete. lIIlUI1ge for
completion, or obtllin II new llOotru.ctor and with rcasOIlllblc
promptness under the circumstances:
.1 After inveSligation, determine the amoul1l for which it
,..-..
9/27/2011 Item 16.C.3. -
1I1l1" be liable to the Owner IUId, as soon as Jlf1W'
1icable after the lUI10unt is determined, tender pllY-
mollt therefor to the Owner; or
.2 Dcny liability in whole or in part IIJId no1i1}' the
Owner citing reasons therefor.
S If the Surety does not procccd as provided in PlIll1graph 4 wi1h
reasonable promptness, the Surety all be deemed to be in default
on this Bond fiftccn days lifter receipt of au fJddjtional written notico
from the Owner 10 the Surety demanding that the Suret)' perform its
obligations under this Bolld, and the Owner sball be CIltitled to
emoru any remedy availl1ble 10 the Owner. If the Surety proceeds Il8
provided in Subparugmpb 4.4, and the Owner .uuses the payment
tendered orthe Surety has denied liability, in whole or in part.
without further notioe the Owner shall be ontitled to enforce any
remedy avaiJo.blo to the Owner.
G After the Ownor has termi~ the Contractor's right to com.
plete the CollStruc.tion Contrac:t, and if the Surety e10cts to oot under
Subparagraph 4.1, 4.2. or 4.3 above. thon the responsibilities oithe
S uroty to tho Owner shall not be greater than those of the Contractor
und~ thc Construction Controot, and the responsibilities of the
Owner to the Suroty sball not be greater than those of the Owner
under the Construction Contract. To the limit of the amount of this
Bond, but subjcet to commitment by tho Ownor of tho BaIaJlce of
tho Contnlct Price to mitigation of costs lUld damages on the
CODSlruc1ion Contnlet, the Surety is obligated without duplication
for:
6.1 The responsibilities of the Contractllr for comc:tion of
defcc.tive work and completi on of the Conlltruelion Contmc:t;
62 Additionallegol, design professional and delay costs
resulting from the Contrllctor's Default, alld resulting from thc
actions or failure 10 llet oflbo Surety under Pamgmph 4; and
6.3 Liquidated domagcs. or if no liquidated dl1Jl1l18Cs arc
specified in the COn>"truc;tion Contmct, actual damages caused
by delayed performance or noo-perfollOlU1ce of the Contractor.
7 The Surety shull not be liable to thc Owner or others for obliga-
tions of the: Contractor that arc unrelated to the Construction
ContJuct. and the Balance of the Contmct Price shall not be reduced
or set off on accoUlll of any sUIlh unrelated obligations. No right of
action shall accrue on this Bond to MY person or ontity other thM
thc Owner or its heirs, executors, admiluslmtors or successor.;.
8 The Surety hereby waives notice of any change, including
changes of time, to the Construction ContJuct or to rew1cd sub-
con'tra&tors, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be
instituted in Wly court of compctcntjurisdiction in the location in
which the wnrk or part of the work is looated I1lld shall be instituted
within two years after Contnu:tor Default or within two yoars after
the Contractor collSCd worlcing or within two ycars after the Surety
refuses or wls to perfonn its obligations under this Bond, whic;hever
occurs first. If theprovisioDs of this Paragraph arc void or prohibited
1>)' law, the minimum period of limitation available to sureties lIS a
defense in the jurisdiction
Printed in "DO]>t:ratiOD with th" Amcrioan Instilulll of Arc:hillocts (AlA) b)'
IIII1BU8B" u&"d in AlA Docwn....t A-312. D""ombcr I.9Il4 Edition.
voul:bll8lhat th" hmBWlg" in the dOl:Ulllllll1 confunns llUctIy to tIl"
2
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Packet Page -1672-
lIbalI be opplicable.
10 Natioo to the Surety, the Owner or the Con1mdor shaD be
mailed or delivered to the address shown 011 the signature page.
II When this Bond bas been furnished to comply with a statutory
or olbcr legal requirement in tho locatiOll where the 1l000sfruction
was to be por1ormed, llIl)' provision in this Boud cOIltlicting with
said statUlory or legal requirement shall be deemed deleted
berc&om IIJld provi&ions c:onmnning to sud1 statutory or other
legAl requirement shall be deemed incorporated beRlin. The intent
is thsi. this Bond sbllll be COIlSln1ed asllll1lltu1ory bond lUId not lIS
11 common law boDd.
12 DEFINITIONS
12.1 Balanec of tile Contmct Prieo: The total amount payable by
the Owner to the Contnwtor under the CoDSlnlCtioo CoW"t
after all proper adjustments bIlve been mode, ioc1udill8 allowl1llCC
to the Contmctor of any amounts received or 10 be received by the
MODIFICATIONS TO TIllS BOND ARE AS FOLLOWS:
9/27/2011 Item 16.C.3.
.-.....,
Owner in SClttIemetll of insurance or other claims for
damllieS to which the Contractor is entitled, reduced by all
vlllid and proper payments made to or on behalf of the
Contraetor under the CODstl'lll:ti on Conlraet.
12.2 CoDS1ruction Contract: The agrooment betwocn the
Owner and the Coalraolor identified on the signature page.
including all ContrllCt Documents and changes thereto.
12.3 Colltrllotor Defuult: Failure of the Contractor. which
has IICithcr boon remedied nor wWved, to perform Dr
othcrwi~ 10 comply with the 1erms oftbc Consln1c1ion
Contract.
12.4 Owner Defiwlt: Fuilurc ofthc Owner, which hIlS nei1hcr
. beoo remedied DOr waived, to pay the Conlraetor as required
by the Constrw:tion Contract or to perform and ",omplete or
comply with the other terms thercot:
..-...
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page).
CONTRACTOR AS PRlNCIPAL SURETY:
Company: (Corporate Seol) Company: (Corporate Seal)
Signature:
Name and Title:
Adc:h'ess:
Signature: .
Name and Title:
Address:
Printl:d in cooperation with tI", Anu:cil:an Instiluto> of An:hiteel8 (AlA) by
thao Lansuage ased in AIA DocUll1IH11 A-312, o.-mbcr 19114 Edition.
vouch.,. that the langllaBe in thao dOl:1ll1lent cOJlibnu, u.a~' to
3
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Packet Page -1673-
9/27/2011 Item 16.C.3.
-- . , .
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article V~ Section 2, oftbe By-Laws of said cEmpany, '. are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h, by nominate, constitute
and appoint Robert E. WILLIAMS, JR., of Brownstown, Indiana, i t mey-in-Fact, to
make, execute, seal and deliver, for, and on its behalf as S nds and
undertakings, and the execution of such bonds or . shall be lIS binding upon said
Company, as fully and amply, to~Jl inte ecuted and acknowledged by the
regularly elected officers of the , 0' m their own proper persons. This power ofattomey
revokes that issued . . arch 4, 1998.
The said Assistant the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- C y, and is now in force.
IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affIXed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ] 4th day ofJuly, A.D.
2009.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
~')), ~ /d,.;ki
By:
Eric D. Barnes Assistant Secretary William J Mills Vice President
----
State of Maryland } 5S'
City of Baltimore .
On this 14th day of July, A.D. 2009, before the subscnber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN lESTIMONY WHEREOF, 1 have hereunto set my hand and affIXed my Official Seal the day and year first above
written.
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ConstanCf! A. Dunn Notary Public
My Commission Expires: luly ]4,20]]
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