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#14-6213-10 (DN Higgins)
WORK ORDER/PURCHASE ORDER ""' Contract 14-6213 "Annual Underground Utility Contractors" Contract Expiration Date: July 7,2016 This Work Order is for Utility Contractor services for work known as: Project Name: Immokalee Road/Collier Boulevard 24" and 16" Forcemains Project No: 70044.15.2 The work is specified in the proposal dated November 14, 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 Construction Services * Task II Owner Directed Allowance Schedule of Work: Complete work within 210 days (substntial completion within 180 days) from the date of the Notice to Proceed which is accompanying this Work Order. The Vendor agrees that any Work Order that extends beyond the expiration date of Agreement #14-6213 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s):) ® Negotiated Lump Sum (NLS), Lump Sum Plus Reimbursable Costs (LS+RC) Time & Material (T&M) (established hourly rate— Schedule A) ❑Cost Plus Fixed Fee (CPFF), as provided in the attached proposal. Task I $ 596,100.00 NLS ✓ Task II $ 50,000.00 T&M TOTAL FEE $ 646,100.00 PREPARED BY: (-2< Gary Butler, Senior Project Manager Date 11� APPROVED BY: • __ _ tl /z5 Craig '.J Pri iple ' oject Manager Date APPROVED BY: Ii, di/ /1/157/4 To hmelik,PPMD Department Director Date APPROVED BY: ,017/ Steve Nagy, Wastewater Collections Manager Date bJ Page 1 of 3 APPROVED f i7 - /7" Beth Johnsse Wastewater Director Date \ � APPROVED BY: l i L George Yilm.', !' '-'. I ministrator Date By the signature below,the Firm(including employees, officers and/or agents)certifies,and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(fmancial,contractual,organizational,or otherwise)which relates to the proposed work;and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally,the Finn agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Douglas N.Higgins,Inc. //A ./ '� Brandy L Bartolone,Vice President Date Page 2 of 3 APPROVED BY: Beth Johnssen,Wastewater Director Date APPROVED BY: George Yilmaz,Division Administrator Date By the signature below, the Firm (including employees, officers and/or agents)certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational,or otherwise)which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Douglas N. Higgins, Inc. .4111.111 /A r/ Bran.y :, o o -, , • _ 'xesident Date Page 2 of 3 IN WITNESS WHEREOF,the parties hereto, have each,respectively, by an authorized person or agent,have executed this Work Order on the date and year first written below. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA By: II By: ��A Y• �!�� _ :y 'Aft A. . '� I SJ TIM NANCE , Chairman Dated: Si1►Na45 (SEAL) Douglas N. Higgins, Inc. JalytaA/A__ • First Witness :r. ay . :- : , i- Vice President iaWrit— bitetW: Print Second f itness r Gila el Le Ae(/ Print Ap roved . to F, an egality: • ■ Scott R. Teach, Deputy County Arty Page 3 of 3 Co ier County Administrative Services Division Purchasing REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACTS#14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: October 30, 2014 From: Swainson Hall, Procurement Strategist 239-252-8935, Telephone Number 239-252-6334, Fax Number SwainsonHall(c�colliergov.net To: Prospective Vendors Subject: RFQ#14-6213-10 Immokalee Road/Collier Boulevard 24" and 16" Forcemains As provided in the referenced contract, the Collier County Purchasing Department is soliciting quotes for the referenced project. RFQ Due Date: 3:00 PM 11/14/14 Q&A Deadline: 5:00 PM 11/11/14 2:00 PM 11/6/14 Purchasing Conference Room B Pre-Quote Meeting 3327 Tamiami Trail East, Naples, Florida 34112 Number of Days to Final Completion: 90 days substantial/30 days final/120 total Scope Provided Yes Plans and Specs: Yes Estimated Value $669,000.00 Liquidated Damages: $1,271.50 per day Payment & Performance Bonds Yes Direct Material Purchase Yes 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 23 7-743 Y33/239=7T4=426 epon 'NtI ber/Fax Number 3 Signature -`',, Vice President/Regional Manager Title 414/1 Brandt/Bartolone Print Name Date C: Craig Pajer/Corinne Trtan/Gary Butler, Project Manager RFO 14-A713-1( Co ler Count Email: SwainsonHall @colliergov.net County Telephone: (239)252-8935 Administrative Services Division FAX: (239)252-6334 Purchasing ADDENDUM #1 Memorandum Date: November 12, 2014 From: Swainson Hall, Procurement Strategist To: Potential Proposers Subject: Addendum #1 to RFQ#14-6213-10 Immokalee Road/Collier Boulevard 24" and 16" Forcemains The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The following questions were raised during the November 6, 2014 Non-mandatory Pre-Quote meeting. Please see questions and answers below: 1. Can we have more than 90 days to substantial completion?Time limit has been extended to 180 days to substantial completion, 210 days to final completion. 2. Do we have to hire professional engineer to certify the directional bore design? No, utilize/follow the county's standard specifications on direction bores, section 330523.16. 3. Can we raise the main along the Immokalee Road Canal and import fill to establish the required cover? No, any fill installed between the canal and the upstream area would obstruct the drainage pattern of the upstream area. ADDED: • Aerial PDF requested by potential proposers. If you require additional information please contact me using the above contact information. C: Craig Pajer/Gary Butler, Project Manager koY 14-6213-10 IM COLLIER UTILITIES-16"&24"FORCE MAIN TABULATION SHEET Douglas N.Higgins Item Description Douglas N.Higgins MOBILIZATION(Note:Limited to 10%of Construction Cost) $ 46,000.00 $ 46,000.00 MAINTENANCE OF TRAFFIC(Incl Temp Pavement if required on Broken Back) $ 10,000.00 $ 10,000.00 PROVIDE/MAINTAIN"AS BUILT"PLANS(Signed and Sealed) $ 8,000.00 $ 8,000.00 PROVIDE CONSTRUCTION SURVEYING AND LAYOUT $ 8,000.00 $ 8,000.00 CLEARING AND GRUBBING(INCLUDES REMOVAL OF EXISTING PIPE,FIXTURES,PATHWAY,PAVEMENT,TREES) $ 30,000.00 $ 30,000.00 FLOATING TURBIDITY BARRIER(N.AND S.OF 16"AERIAL CROSSING-Dual Rows 4 @ 50 LF EACH) $ 12.00 $ 2,400.00 STAKED SILT FENCE $ 1.00 $ 1,800.00 FLOWABLE FILL CONCRETE(FOR ABANDONED 16"FM PIPE) $ 2,000.00 $ 2,000.00 EMBANKMENT(At Join Exist.121+60+/-and 132+70 to 136+20) $ 30.00 $ 16,500.00 PAVEMENT RESTORATION,CURB&GUTTER,SODDING(Broken Back and CVS Entrance) $ 5,000.00 $ 5,000.00 PATHWAY RESTORATION,SODDING(Sta.56+76 and Adjacent to CR951 Canal) $ 2,000.00 $ 2,000.00 CONNECTION(16"FORCE MAIN)(Sta.56+76 @ Plug Valve) $ 3,000.00 $ 3,000.00 CONNECTION(16"FORCE MAIN)(51+16,Active:Pumping required) $ 2,000.00 $ 2,000.00 CONNECTION(24"FORCE MAIN)(Sta.121+60+/-,Remove existing CAP) $ 3,000.00 $ 3,000.00 PIPE PVC(INSTALL ONLY)(RESTRAINED JOINT)(16") $ 80.00 $ 22,400.00 PIPE PVC(INSTALL ONLY)(RESTRAINED JOINT)(24") $ 100.00 $ 10,000.00 PIPE HDPE(INSTALL ONLY)(24"DR11-DIPS) $ 40.00 $ 132,000.00 STEEL CASING,OPEN TRENCH,SPACERS,END SEALS(INSTALL ONLY)(42") $ 100.00 $ 17,400.00 VALVE PLUG(RJ-MJ)(INSTALL ONLY)(16") $ 1,000.00 $ 4,000.00 VALVE PLUG(RJ-MJ)(INSTALL ONLY)(24") $ 1,200.00 $ 12,000.00 AIR RELEASE ASSEMBLY(FM)(INSTALL ONLY)(16") $ 400.00 $ 1,200.00 AIR RELEASE ASSEMBLY(FM)(INSTALL ONLY)(24") $ 400.00 $ 1,200.00 16"AERIAL CROSSING STRUCTURE $ 84,000.00 $ 84,000.00 16"AERIAL CROSSING UTILITY(INSTALL ONLY-Complete) $ 5,000.00 $ 5,000.00 2"DIRECTIONAL DRILLING(INSTALL ONLY)(2-2"HDPE Orange-460 LF Each)Note:Paid for by Horizontal Distance $ 30.00 $ 27,600.00 18"DIRECTIONAL DRILLING(INSTALL ONLY)Note:Paid for by Horizontal Distance(Sta.to Sta.) $ 260.00 $ 119,600.00 FITTINGS Sr RESTRAINTS(DI)(INSTALL ONLY)(See Plans and Materials List) $ 20,000.00 $ 20,000.00 UTILITY ALLOWANCE $ 50,000.00 $ 50,000.00 SUB TOTAL $ ,646,100.00 TOTAL COST ESTIMATE $ 646,100.00 !AIA Bond No.Document 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 documenthas important legal Ann Arbor, MI 48108 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 3301 Tamiami Trail East Any singular reference to Naples, FL 34412 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: Six Hundred Forty-Six Thousand One Hundred and 00/100 ($646,100.00) Performance Bond and a Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Contract #14-6213 / Annual Underground Utility Contractors Project Name: Immokalee Road/Collier Boulevard 24" and 16" Forcemains Project No.: 70044.15 BOND Date: November 26, 2014 (Not earlier than Construction Contract Date) Amount: Six Hundred Forty-Six Thousand One Hundred and 00/100 ($646,100.00) Modifications to this Bond: ®None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford Accident and Indemnity Company ,I, I Signature: Signature: � lei4.11Cifiv . �� a : A - - Name y Walt' ather M. Johnson and Title: la - ma tit i' 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 1rlk. AIA Document A312",—2010.The American Institute of Architects. es»>o §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,determine 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 A312T" 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 term Owner shall be deemed to be Contractor. Init. AIA Document A312T"—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. Inft AIA Document A312"'—2010.The American Institute of Architects. 4 BOND NO. 35BCSGQ6951 ! AIA Document A312TM - 2010 Payment 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 Ann Arbor, MI 48108 One Hartford Plaza, T-4 This document has important legal Hartford, CT 06155 consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. Collier County Board of Commissioners 3301 Tamiami Trail East Any singular reference to Naples, FL 34412 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: Six Hundred Forty-Six Thousand One Hundred and 00/100 ($646,100.00) Performance Bond and a Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Contract #14-6213 / Annual Underground Utility Contractors Project Name: Immokalee Road/Collier Boulevard 24" and 16" Forcemains Project No.: 70044.15 BOND Date: November 26, 2014 (Not earlier than Construction Contract Date) Amount: Six Hundred Forty-Six Thousand One Hundred and 00/100 ($646,100.00) Modifications to this Bond: El None ❑See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford Accident and Indemnity Company �' it A, ` ' Signature: Q, t.• 11 411 ,i Name y Name lirt_er M. Johnso and Title: Vi Its and Title: Attorney in 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: Hylant Group (Architect, Engineer or other party:) 24 Frank Lloyd Wright Dr. P.O. Box 541 Suite J4100 Ann Arbor, MI 48106 (734) 741-0044 lest. MA Document A312"'—2010.The American Institute of Architects. 061110 5 t §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 terms. §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 be 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 be 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(1)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 be 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 applicable 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*0—2010.The American Institute of Architects. 7 §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,on which this text appears in RED.An original assures that changes will not be obscured. Init. AIA Document A3I2TM—2010.The American Institute of Architects. 8 Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND,T-4 One Hartford Plaza 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 under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws 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 laws 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 laws of the State of Illinois 1 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 laws of the 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, MI 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 applied to this Power of Attorney. ,/' i t, �e�wn • f0.'i .'rr .0"1g►,`o • 1•n / 1. � � '''0Wa..i.uf i a �0�r * -9i _ sTJ� 70� .F '• • .�'!) , 1„er • °: 7 !I t'4 i � w��`4nrohly` �.alill� ��.;. t9 9 �e S: /9.70 A I9'r9 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. •��r�c 7 cL1,fu,rvrti� /11CtA'riQL0. "town • Kathleen T.Maynard Notary Public My Commission Expires July 31,2016 CERTIFICATE 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 November 26 , 2014. Signed and sealed at the City of Hartford. = y �s-.•�±I� �. " ' w,+\<anrof,ly�r ►•• �.aNYw► ,�F$ %•e: �c_ 9��T,Irg D V•C7 L�j�,��t-.`ff� °f K h. „011 _qsep -rr , 19119 18♦ 4 ii 9 - , 4i:#p, • y'tu11p,5 ,,,,, •;f (t. Gary W.Stumper,Vice President A° CERTIFICATE OF LIABILITY INSURANCE 11y7/20 4 D/ 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 (ac.No.Ext1:734-741-0044 ac.Nol:734-741-1850 24 Frank Lloyd Wright Dr J4100 E-MAIL Ann Arbor MI 48105 ADDRESS: INSURER(S)AFFORDING COVERAGE NAM i INSURER A:Continental Insurance Company 35289 INSURED HIGGI-5 INSURER B:Continental Casualty Company 20443 Douglas N.Higgins,Inc. INSURER c:Valley Forge Insurance Co 20508 3390 Travis Pointe,Suite A INSURER D:Greenwich Insurance Company 22322 Ann Arbor MI 48108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1911988479 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 TYPE OF INSURANCE ADDL SUBR POUCY EFF POLICY EXP LTR INSR W POLICY NUMBER IMMIDD/YYYY! IMM/ODIYYYY) A GENERAL UABIUTY U1061922047 12/10/2014 12/10/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY D S I RENTED PREmI E EMISEIEacommence) $500,000 CLAIMS-MADE X OCCUR MED EXP(Any ore person) $15,000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE UNIT APPLIES PER: DUCTS-COMP/OP AGG $2,000,000 POLICY JET JEC.T LOC $ A AUTOMOBILE UABIUTY U1061922033 12/10/2014 12/10/2015 COMHINtD SCJGLE LIMIT {Ee accl�e't) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ -_- AUTOS _AUTOS _ HIRED AUTOS _AUUTTO>-OWNED (PROPERTY accident) $ $ 8 X UMBRELLAUAB X OCCUR U1061922050 12/10/2014 12/10/2015 EACH OCCURRENCE _$10,000,000 _ EXCESS UAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 $ C WORKERS COMPENSATION WC161922016 12/10/2014 12/10/2015 X WCSTATU- 10TH- AND EMPLOYERS'UABIUTY Y/N TORY LIMITS ER ANY PRCPRIETORPARTNER!EXECUTIVE E.L EACH ACCIDENT $500,000 OFFICERMIEMBER EXCLUDED? © N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe(0 :!)F OF OPERATIONS below EL DISEASE.POLICY LM IT $1,000,000 D I Professional/ PEC0025095 12/10/2014 12/10/2015 2,000,000 Each Claim Pollution 4,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more apace La required) Job-Contract#14-6213;Underground Utility Contracting Services. Additional Insured for General Liability,as required by written contract (primary/non-contributory basis) -Collier County Board of County Commissioners 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 PR ORIZED REESENTATIVE y ■ ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD