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#08-5011-115 Work Order (Douglas N. Higgins) 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: SCWRF Proposed 30" and 24" Force Main — Phase 1 & MPS 306 Forcemain — Phase III Project No: 70044.6.4 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: Douglas N. Higgins, Inc. Scope of Work: As detailed in the attached proposal and the following: * "Task I Perform all Work as described in the Proposal * Task II Owner Directed Allowance Work 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): FINegotiated Lump Sum (NLS) I !Lump Sum Plus Reimbursable Costs (LS+RC) XTime & Material (i'&M) (established hourly rate — Schedule A) Cost Plus Fixed Fee (CPFF), as provided in the attached proposal. Task I $417,333.00 NLS Task II $55,000.00 T&M TOTAL FEE $472,333.00 , 4 PREPARED BY: r � �j , Wayne Karlovich, Senior Project Manager Date APPROVED BY: � � I --6l Craig PaJer.,- r ci al Pa J ect Manager Date APPROVED BY: ,// Tom Chmelik, PPMD Department Director Date ' Page 1 01.2 APPROVED BY: / ‘'/-1/—/`-f Steve Nagy, Collecti9ns System Manager Date //'// i', APPROVED BY` 41 li - BetlOohnssen, Wastewater Director Date' , APPROVED BY r _ r Dr. George Yilmaz, Public Utilities Administrator Date \,,`-' ' APPROVED BY: ,)k. 7,`..'�'" `- �/4 _ Co - i Brenda Brilhartt' Procurement Strategist Date ATTEST: BOARD OF COUNTY COMMISSIONERS j Dwight E. Brock, Clerk Collier County, Flo ida By U tilt,- C, By ti Deputy Clerk Tom Henning, Chairman Attest as to Ckairman's f signature only. ATTEST: ,-I2 s-IN Higgins,Inc By: . ,. , � ,;t.v t `l By: �—==�-__ ...._�. _! . ✓ ; /:i>Vc . .1 (Print Name/Title .t (Print Name/Title) Approved as to Form and Leg .lity: ' if 4.1 2,4---,-- bounty Attorney Tat pc) 1 Page 2 of 2 c ) i!e-T ot4nty Aar'riwatve services t;fvislon ;=urcha sing REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT#08-5011 "Annual Contract for Underground Utilities" Date: March 10, 2014 From: Brenda Brilhart, Procurement Strategist 239-252-8446, Telephone Number brendabrilhart@colliergov.net To: Prospective Vendors Re: RFQ#08-5011-115— SCWRF Proposed 30" and 24" Force Main — Phase III & MPS 306 Forcemain — Phase III ($590k) As provided in the referenced contract, the Collier County Purchasing Department is soliciting quotes for the referenced project. RFQ Due Date: .j* 1 D 1 1 Non-Mandatory Pre-Quote Meeting i 1 rr ' Pre-Quote Meeting Location: '1 Q&A Deadline: , Number of Days to Final Completion: Plans and Specs: Liquidated Damages: l,�`' Payment & Performance Bonds Direct Material Purchase 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. Douglas N. Higgins, Inc. Firm's Complete Legal Name -239-774-3130/239-774-4266 Telephone Number/Fax Number Signature Vice President/Regional Mgr. Title / , Brandy Bartolone / `',�`' Print Name Date C: Wayne Karlovich, Project Manager RFQ 08-5011 -115 1 CAT County Email: evelyncolon @colliergov.net Telephone: (239) 252-2667 Ad;rnistr va Services C vision FAX: (239) 252-2810 7urchasi,q ADDENDUM 'I Memorandum Date: March 11, 2014 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 RFQ 08-5011-115 — SCWRF Proposed 30" and 24" Force Main — Phase III & MPS 306 Forcemain— Phase III CHANGE: The pre-quote meeting scheduled for 10:00 AM March 14, 2014 will not be held. Place all project related questions on line at www.colliergov.net/bid If you require additional information contact me using the above contact information. cc: Wayne Karlovich, Project Manager Addenduml RFQ 08-5011-115 Cc .der ot4_ .ty Email: evelyncolon @colliergov.net Telephone: (239) 252-2667 Ad v niF1r Five Services Division FAX: (239) 252-2810 ;-Li-h3sIi i ADDENDUM 2 Memorandum Date: March 11, 2014 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum#2 RFQ 08-5011-115- SCWRF Proposed 30" and 24" Force Main - Phase III & MPS 306 Forcemain -Phase III CORRECTION: CHANGE: The pre --: - -•-- '-e •--_ -_ e !:!! / ! 4 • la-at-be-held- Pre Quote meeting will be held at 10:00 am March 14, 2014. If you require additional information contact me using the above contact information. cc: Wayne Karlovich, Project Manager Addendum1 RFQ 08-5011-115 Co er County Email: brendabrilhart @colliergov.net Telephone: (239) 252-8446 Administrative Seivices Division FAX: (239) 252-6697 Purchasing ADDENDUM 3 Memorandum Date: March 19, 2014 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum #3 RFQ 08-5011-115—SCWRF Proposed 30" and 24" Force Main — Phase III & MPS 306 Forcemain — Phase III CHANGE: DRAWINGS Hole Montes Drawing Sheets 7 and 12: Items to be Change: 4"ARVs with flange connections and 4" piping, valves and fittings. Change to: 3" ARVs with threaded connections and 3" piping, valves and fittings. See attached Drawing Sheets 7 and 12. All Drawings: At each plug valve 24" and Larger add the following Note: Plug valves 24" and Larger shall be supported on a precast concrete slab placed under the valve to help distribute the total weight of the valve and reduce line sagging. FACT SHEET Under Scope of Work revise the second paragraph to read as follows: Collier County will be pre-purchasing piping, plug valves, and fittings, from Ferguson for use by the successful contractor. A list of county-supplied materials will be distributed with the bidding documents or in an addendum. Contractor shall provide all materials not included on the list. As indicated on the FACT SHEET, attached is the list of county-supplied materials. SPECIFICATIONS Add the following to Specification Section 330523.13 Horizontal Directional Drilling, 1.4— Submittals: F. Submit a horizontal directional drilling contingency plan and include a list of personnel to notify with emergency telephone numbers. The plan shall also include emergency contact information for other personnel, equipment, and materials needed but not maintained on the 1 project site. The contingency plan shall include the proposed measures employed for the condition when: 1. Spoils do not settle/separate with slurry separation equipment on site. 2. Drill steel/pipeline is unable to be advanced or retrieved with drill rig. 3. Drill tool lost in the hole. 4. The location control system fails to provide accurate information. Describe which operational parameters are observed/measured/recorded so that it can be determined if the above is occurring or has just occurred. 5. The installation forces start to move up rapidly and reasonable concern exists for completing construction. 6. A swivel breaks during carrier pipe installation. 7. Inadvertent returns occur when under the crossing. Include measures to control turbidity and contain drilling fluid and surface returns in the waterway. 8. An inadvertent return occurs where slurry fails to return due to subsurface ground conditions, i.e., encountering a gravel bed that serves as an aquifer. 9. The pilot hole or ream intersects a subsurface interface and directional steering is unable to keep the drill path along the intended route. Describe which operational parameters are observed/measured/recorded so that it can be determined if the above is occurring or has just occurred. 10. Loss of directional steering information. Describe which operational parameters are observed/measured/recorded so that it can be determined if the above is occurring or has just occurred. 11. Loss of steering, inability to steer. Describe which operational parameters are observed/measured/recorded so that it can be determined if the above is occurring or has just occurred. ADD: the following to Specification Section 330523.13 Horizontal Directional Drilling: 3.7 ENVIRONMENTAL REQUIREMENTS A. Dispose of all drilling fluids and spoils in compliance with all relative environmental regulations, right-of-way and work space agreements, and permit requirements. B. The HDD operation shall be a closed loop slurry system maintained to eliminate the accidental discharge of water, drilling mud, or spoils. Provide equipment and procedures to maximize the recirculation of drilling mud and to minimize waste. C. All inadvertent returns to the surface shall be cleaned up upon discovery and before the end of the shift. The surface area shall be washed and returned to the original condition. If the amount of surface returns exceeds the capacity of the small sumps being used for 2 collecting and containing surface returns, drilling operations shall be discontinued. Drilling shall not resume until contingency plan is implemented. D. All construction-related activities involving fuels and lubricants, such as vehicle refueling and equipment maintenance including draining and pumping of lubricants, shall be conducted at a sufficient distance from the water channel to eliminate contamination in case of a spill. Double containment during fueling or greasing operations shall be implemented. E. Provide sanitation and garbage facilities on both sides of the crossing. Waste shall be collected and transported offsite for disposal. F. Damage to pond liner or bulging of the liner from inadvertent returns beneath the pond liner shall be repaired by Contractor at his expense. The work shall include at a minimum dewatering and isolating damaged area or bulge area with hydraulic dams, removal of the damaged or bulge portion of the liner, replacement of damage or bulge liner with a new 60 mil HDPE liner, spark test repair, and submit results to the County and the Engineer for approval. ADD the following to Specification Section 330502 High Density Polyethylene (HDPE) Pipe and Fittings, 3.2— Heat Fusion Joining: B. Use a data logging device with the pipe joining equipment to record fusion parameters of pressure, temperature, and time for each joint. If you require additional information contact me using the above contact information. cc: Wayne Karlovich, Project Manager Enc: 1 3 COLLIER COUNTY QUOTE NO. 08-5011-115 30" & 24" FORCE MAIN PHASE 1 - SOUTH COUNTY WATER RECLAMATION FACILITY & MPS 306 Forcemain Phase III COLLIER COUNTY PUBLIC UTILITIES DIVISION Item Estimated No. Description Units Quantity Total 1 Perform all Contract Work described in the Contract Documents. — Lump Sum 417,333.00 2 Allowance Fund for Owners Use as Directed. This fund will be used only at the Owner's direction to accomplish work due to unforeseen conditions as specified in Section 01135. Inclusion of the Allowance Fund as part of the Contract Price is not a — guarantee that the Contractor will be paid any portion or the full amount of the Allowance Fund. Lump Sum $55,000.00 TOTAL PRICE FOR ITEMS 1 AND 2 $ 472,333.00 QUOTE NO. 08-5011-115-30"&24" FORCE MAIN PHASE 1 -SOUTH COUNTY WATER RECLAMATION FACILITY &MPS 306 Forcemain Phase III DN Higgins Haskins Mitchell&Stark Quality Item Estimated No. Description Units Quantity Total Total Total Total 1 Perform all Contract Work described in the Lump Sum $417,333.00 $660,000.00 $770,000.00 $486,420.00 Contract Documents. 2 Allowance Fund for Owners Use as Directed. This fund will be used only at the Owner's direction to accomplish work due to unforeseen conditions as specified in Section 01135. Inclusion of the Allowance Fund as part of the Contract Price is not a — guarantee that the Contractor will be paid any portion or the full amount of the Allowance Fund. Lump Sum $55,000.00 $55,000.00 $55,000.00 $55,000.00 $472,333.00 $715,000.00 $825,000.00 $541,420.00 Bond No. 35BCSAE0729 iDocument A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Douglas N. Higgins, Inc. of business) 3390 Travis Pointe, Suite A Hartford Accident and Indemnity Company This document has important legal Ann Arbor, MI 48:08 One Hartford Plaza, T-4 consequences.Consultation with Hartford, CT 06155 an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Collier County Board of Commissioners Purchasing Department Any singular reference to 3327 Tamiami 'trail East Contractor,Surety,Owner or Naples, FL 34412 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: Four Hundred Seventy-Two Thousand Three Hundred Thirty-Three Performance Bond and a Payment Bond,into one form. and 00/100 ($47z,333.00) This is not a single combined Description: Performance and Payment Bond. (Name and location) Contract #08-5011 / Annual Underground Utility Contractors Project Name: SCWRF Proposed 30" and 24" Force Main - Phase 1 & MPS 306 Forcemain - Phase III Project. No. : 70044.6.4 BOND Date: March 28, 20i4 (Not earlier than Construction Contract Date) Amount: Four Hundred Seventy-Two Thousand Three Hundred 'Thirty-Three and 00/100 ($472,333.00) Modifications to this Bond: ❑None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford Accident and Indemnity company ' ,., Signature: ' -,� �_.v i I` �t-` Signature. I ' {,t Name , p.. Name Heather M. Johnson and Title: and Title: Attorney in Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) Hylant Group 24 Frank Lloyd Wright Dr. P.O. Box 541 Suite J4100 Ann Arbor, MI 48106 (734) 741-0044 Init. AIA Document A312 T"—2010.The American Institute of Architects. 061110 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract, §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5,3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,detennine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312""—2010.The American Institute of Architects. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor. Init. AIA Document A312" —2010.The American Institute of Architects. 3 §16 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 CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED. An original assures that changes will not be obscured Init. AIA Document A312""—2010.The American Institute of Architects. 4 ® BOND NO. 3HBCSAF:01;9 07/4 Document Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Douglas N. Hryg_r.s, Inc. of business) 3390 Travis Pointe Corte A Hartford Accident and Indemnity Company Ann Arbor, MI 48108 One Hartford Plaza, T-4 This document has important legal Hartford, CT 06 l H consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or Collier County Hoard of Commissioners mod Cat1011. Purchasing Department Any singular reference to l327 Tarni ar'u Trail Fast Contractor,Surety,Owner or Naples, PI 34412 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount Foul Hundred Seventy-Two Thousand Three Hundred Performance Bond and a hirCy-'Three and 00!100 l$4'72, 333.C'0) Payment Bond,intooneform. Description: This is not a single combined (Name and location) Performance and Payment Bond. Contract 408-H011 Annual Uudeyround Utility Contractors Pro ect Name: SCWPH Proposed 30" and 24" Force Main - Phase 1 & MPS 306 Forcemain - Phase III Project No., 70044.G.4 BOND Date: March 28, 2014 (Not earlier than Construction Contract Date) Amount: Four Hundred Seventy-Two thousand TInree Hundred 'Thirty-'Three and tI0/100 ($472,333.00) Modifications to this Bond: 0 None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford Accident and Indemnity Company Signature: I t t �,',t Signature -,,! , q Name Y's\- f r ) l � t`- Name Heather M. JohnN,,n and Title. • ;' , ,. ,r€s:':.' i and Title: At tc,rrtey ',r: Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: ;. .; . (Architect, Engineer or other party) 114 }-111i 17 1.1 7,1 Wr--h1 Dr . ,/4 4.- Intt AIA Document A312""-2010.The American Institute of Architects. 081110 5 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following tetras. §2 if the Contractor promptly makes payment of all sums due to Claimants,and defends, indemnifies and holds harmless the Owner from claims,demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands, liens or suits against the Owner or the Owner"s property'by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim:and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. if,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2.the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall he credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall he used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312''—2010.The American Institute of Architects. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(I)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall he applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicahle mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power, light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page. including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312''-2010.The American Institute of Architects. 7 1 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 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 CAUTION You should sign an original AIA Contract Document,ttf which this text appears in RED An original assnires that changes will not be obscured In AIA Document A312".-2010.The American Institute of Architects. 8 Direct Inquiries/Claims to: POWER OF ATTORNEY THE oe HARTFORD Hartford, Connecticut 06155 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35-350851 X Hartford Fire Insurance Company, a corporation duly organized tinder the lasts of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the lays of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the harts of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the Imes of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly.organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the lays()Idle State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Heather M. Johnson, Joel E. Speckman, Tern Mahakian, David Harlock of Ann Arbor, Ml their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures appliieerrrdddd to this Power of Attorney. TT tik '� t, .r 0 ::::\ 4. .-''. 1, k14 1. ;).v,i:9 w : • r•ar••• 1970 •°t 1970 r. -E A '\-'',:' \4 ,r e; Si` 4° =y1 I919.44 Wesley W. Cowling.Assistant Secretary M. Ross Fisher,Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say. that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations: that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �t„' i tr1 T1 • s, Kittl lrcn I y1,is d CERTIFICATE \t`Commission I\piies Bilk ?I.'a lb I, the undersigned, Vice President of the Companies, 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 effective as of March 28. 2014 Signed and sealed at the City of Hartford. ,}if ,,*•t, ;ie!n!°A f�5 Y 4t”,.'y.�,r f�oi'e",";,..,.,. i,,Z_s , :...., r∎, ^i •�- /�f' . / "7,.."),_a ! may, r 1'4, ' re X041 r I` , �, t_,"'i,,,,, ,,,,. !r r'eoso•. �t� ..� s .�..4° tt9 111$7 ! g { • - • w ,,•1 / 'f •�,„,,niv,• J h•r••► t 1970 ‘,t /97% /, ♦` � :'- '4 •'- may.. .`t'1`/ 7 i•* ' t r �'Z-._,,/4"t' ,, I9'!9 • Gary W. Stumper. Vice President A�°® CERTIFICATE OF LIABILITY INSURANCE MIDDYYYY) L-�' 3/228/208/2014 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 CONTACT NAME: Hylant Group Inc-Ann Arbor PHONE FAX 24 Frank Lloyd Wright Dr J4100 EAMA_ kg_EXt1:734 741-0044 __— 1(A/C,No):734-741-1850 Ann Arbor MI 48105 ADDRESS: INSURER(S)AFFORDING COVERAGE 1 NAIC# INSURER A:Continental Insurance.Company-- 35289 INSURED HIGGI-5 INSURER B:Continental Casualty Company 20443 _..- 20443 Douglas N. Higgins, Inc. 1NSURERC:Valley Forge Insurance Co 0508 3390 Travis Pointe, Suite A INSURER D:Greenwich Insurance Company '22322 Ann Arbor MI 48108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2131026431 REVISION NUMBER: 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 ADDLSUBR' - -- - POLICY EFF POLICY EXP _ --- - - -- --- _ - --- - - LTR ' TYPE OF INSURANCE INSR I WVD I POLICY NUMBER (MM/DD/YYYY)I(MM/DD/YYYY)I LIMITS A X GENERAL LIABILITY X 01061922047 112/10/2013 12/10/2014 EACH OCCURRENCE $1,000,000 CO OCCUR -0 --- I i `: DAMAGE TO RENTED �� i PREMISES(Ea occurrence) I $500 000 COMMERCIAL GENERAL L i MED EXP(Any one person) 15 000 LIABILITY CLAIMS-MADE - _ I PERSONAL&ADV INJURY I$1,000,000 _ _ '� ' GENERAL AGGREGATE ' $2,000,000 I I • X JEGT LOC PRODUCTS $2,000,000 PLIES PER. vEN'L AGGREGATE , E LIMIT AP POLICY 'i $ A '. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1. U1061922033 112/10/2013 12/10/2014 (Ea accident? 1$1 00.0,000_ IX 1 ANY AUTO I BODILY INJURY Per person) $ ALL OWNED 1 SCHEDULED BODILY INJURY(Per accident) $ •AUTOS AUTOS I__ PROPERTY DAMAGE I , HIRED AUTOS AUTOS' NON-OWNED 1' (per accident) --._ $ B X EXCESS L ABAB �I, i EACH OCCURRENCE i$10,000,000 X-1 OCCUR _. .. • U1061922050 12/10/2013 2/10/2014 _ AGGREGATE $10,000,000 �� DED X RETENTION$10,000 $ C WORKERS COMPENSATION 1/VC161922016 12/10/2013 12/10/2014 IX 1 WCSTATU- I '0TH-' AND EMPLOYERS'LIABILITY YIN TORY OMITS: i ER-1_. - - _ ANY PROPRIETOR/PARTNER,EXECUTIVE 1 E L EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N I A; i (Mandatory in NH) j E L DISEASE EA EMPLOYEE $500,000 If yes describe under ! I - -----_ -- - - - DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 D '.Professional/ i i PEC0025095 12/10/2013 12/10/2014 2,000,000 Each Claim• Pollution '4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job-Contract#08-5011; Annual Contract for Underground Utility Contracting Services. Additional Insured for General Liability, as required by written contract(primary) - Board of County Commissioners, Collier County CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail, East Naples FL 34412 AUTHORIZED REPRESENTATIVE (/w)-I'i,,,y;:- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ------ r ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYYY) �.r- 3/28/2014 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 CONTACT NAME: Hylant Group Inc-Ann Arbor AAICAst,Fxt1:734 7A_I 44- FAX No):734-741_-1850 24 Frank Lloyd Wright Dr J4100 E-MAIL Ann Arbor MI 48105 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Insurance Company._. _ _ 35289 INSURED HIGGI-5 INSURER B: Continental Casualty Company __ 20443 Douglas N. Higgins, Inc. INSURER CValley Forge Insurance Co_ 20508_ _ 3390 Travis Pointe, Suite A INSURER D:Greenwich_Insurance Company. __- 2322 Ann Arbor MI 48108 INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER:2131026431 REVISION NUMBER: 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. ILTR TYPE OF INSURANCE ADDL'SUBRI POLICY EFF L..POLICY EXP ,. - - - - - - ---- INSR WVD POLICY NUMBER I(MMIDDIYYYY);(MMIDD/YYYY) LIMITS A ' GENERAL LIABILITY • U1061922047 ,12/10/2013 12/10/2014 I EACH OCCURRENCE $1,000,000 GENERAL LIABILITY 1�. DAMAGE TO RENTED COMMERCIAL GENE LPREMISES(Ea occurrence)— $500,000 CLAIMS-MADE LX OCCUR , MED EXP(Any one person) I$15,000 III PERSONAL&ADV INJURY ',-$1,000,000 GENERAL AGGREGATE 1$2,000000 GENC AGGREGATE LIMIT APPLIES PER. PRODUCTS COMP/OP AGG i $2,000,000 POLICY X JECT ',, LOC I $ A AUTOMOBILE LIABILITY U1061922033 12/10/2013 n 2/10/2014 COMBINED SINGLE LIMIT 7 (Ea acddentl ' $1,000,000 X ANY AUTO I BODILY INJURY(Per person) i4$ ALL OWNED I SCHEDULED i BODILY INJURY Per accident)I, $ ; AUTOS I AUTOS ON-O PROPERTY DAMAGE - NON-OWNED HIRED AUTOS AUTOS I AUTOS , (Per accident) $__ $ I I B ,' X j UMBRELLA LIAB I X OCCUR U1061922050 12/10/2013 12/10/2014 EACH OCCURRENCE $10,000,000• I EXCESS LIAB I j AGGREGATE $10 000,000 F • - ,__ -_ CLAIMS-MADE --. -_. DED X RETENTION$10,000 I I $ C I WORKERS COMPENSATION �WC161922016 12/10/2013 12/10/2014 IX I WCSTATU- I OTH-I AND EMPLOYERS'LIABILITY 1 r—._!..TORY LIMITS 1-__l.ER ANY PROPRIETORIPARTNER/EXECUTIVE r--1 I Y/N OFFICER,MEMBER EXCLUDED? N N I A E L EACH ACCIDENT $500,000 (Mandatory in NH) E .DISEASE-EA EMPLOYEE; 5500,000 If yes describe under - - -DESCRIPTION OF OPERATIONS below ' E L DISEASE-POLICY LIMIT I $1,000,000 O Professional/ '.PE00025095 12/10/2013 112/10/2014 2,000,000 Each Claim Pollution 4.000.000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job- Contract#08-5011 Annual Contract for Underground Utility Contracting Services. Additional Insured for General Liability, as required by written contract(primary)- Board of County Commissioners, Collier County CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiarni Trail, East Naples FL 34412 AUTHORIZED REPRESENTATIVE rftk.)--/'.r-y,t2 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD