Loading...
#12-5871 Work Order 4-14-15 (Youngquist Brothers, Inc.) WORK ORDER/PURCHASE ORDER Contract 12-5871 "Well Drilling, Testing and Maintenance" Contract Expiration Date: October 7, 2015 ✓ This Work Order is for professional well testing and maintenance services for work known as: Project Name: Livingston Road IQ Water ASR System Monitor Well Modification V Project No: 74030.2.5 ,/ / The work is specified in the proposal dated March 12, 2015 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: Youngquist Brothers, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I Well Drilling Construction Services * Task II Well Construction Allowance Schedule of Work: Complete work within 120 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 # 12-5871 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 $294,900.00 NLS Task II $ 60,000.00 T&M TOTAL FEE $354,900.00 PREPARED BY: ' --/9 Q alt 115 Zamira DelToro, Project Manager Date APPROVED BY: / � 4 /5 Craig Pa , Prip roJ t Manager D.te APPROVED BY: I To Chmelik, PPMD Director Date Page 1 of 3 APPROVED BY: 7,. .... 3/Sic Rob Kaine, Interim IQ Manager Date APPROVED d.‹.—/.. 3 /8 /✓�! Bet ohnssen, astewater Director Da e it , APPROVED BY: — 3/1 //1) 3+ .# George Yilmaz, Department 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: Youngquist ' ot►-rs, Inc. ..,,,,,TAI A 3/7/S"—— Harvey ' Y%ung tti . ., 'ice President Date (Remainder of page intentionally left blank) Page 2 of 3 0 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 / e',,a..,,e.._ Tim Nance, Chairman 4\i mil`\S Dated: ZI -(SEiAfst as _. airman's �`" Youngquist On�� gq uist Brothers, Inc. U y J — / c. By: dillW First Witness / 1 .na e eArFiline G - Pri– Harvey B. Youngquist, Jr., Vice President Print tic iI Se end Witness Print A rove a o Fo a d g a l: .e.4 Scott R. Teach, Deputy County Attorney Page 3 of 3 0 -`c rev C;oti iti REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT#12-5871 "Well Drilling,Testing and Maintenance" Date: February 18, 2015 From: Swainson Hall, Procurement Strategist 239-252-8935, Telephone Number 239-252-6334, Fax Number SwainsonHallc colliergov.net To: Awarded Vendors—Category 4 Subject: RFQ#12-5871-05 Livingston Road IQ Water ASR System Monitor Well Modification As provided in the referenced contract,the Collier County Purchasing Department is soliciting quotes for the referenced project. RFQ Due Date: 3:00 PM February 27, 2015 Pre-Quote Meeting Date/Time: No Pre-Quote Meeting Needed Q&A Deadline: By 5:00 PM February 24, 2015 Number of Days to Final Completion: 60 Days Substantial, 30 Days Final—Total 90 Liquidated Damages $1,500 per day Direct Material Purchase N/A Specifications and Plans: Attached ***Provide pricing in attached quote schedule.*** Owner will pay for all Collier County-issued permits via interdepartmental transfer. All permits required outside of County-issued permits shall be paid for by the contractor. 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. YOu4G&A,1 ST'OTAE'RS, Firm's Com lete Legal Name 39 • '4 t '4.39. 99 4545 Telepline.Number/Fax Numb / Sin —e' int e •- � ��» -V1 c£ R'ES 1 CI� i Title C.t�.Z. t YlUSS t-1-IIE 71ZI 4t5 Print Name Date C: Zamira Del Toro, Project Manager CD 0 CD CD o CD o 0 0 0 0 0 0 0 0 CD CD 0 C O CD CD rn 0 O CD CD 0 O E O CO (0 co co co Lo Lo N M Q I- 0 0 p o o° 0 LU °o °0 0 °o n U 0 L C) o car) N 0 0. Ce 0 LL a). ' W ecs +-' 0 — CO C- a. E m O J co CO _l J J J co co 05 °oo 0 w ._ 0 Q 0 U m O o a -0 L '� CD c O U Or. a c N 0 m .c o m m Ea 'R Q a h _ y a ° E a Q LO a . N `0 O - c c. o f .'. o 0 zr,TS -0 a 0 2 y o n a E 0 m a ca _ ( y uc a c a - h c � O Lm ) ° m ,m 2 - " Z x a_+ O t h a g. -s. m E 2 m o -m m a 0 C G C N h o o 2 ' o E O � N a N. N N I N 0 U 0 N -. E c O w E a E 0 "o N d L L `- a c y m m Qom '''. h m a E -_ v ah nc a . m M W _ E c m o m m w c W m ,,, m h a c o (n a' E c a o o m J U) a m m` m Q o ma m _ .c a o c J m o E m a ° ° °m b n y. N v ' a CO a y N c C c a) c c co a y o c N , 0 c c a c � s = a.8 0 7 6 U E a CO m m E a rn a> ...y -o N o C ° w O m 0 U 13 Q .� Q c c Q O U N ~ a, a m ac)2, -. 200 '6 a oo. O) E O a E ?� h ` U w > 09 c _ E E �O o a . W' m t O 0 a_o IX LL c ° c a c u) h b y Q. E - 0 3 Q a m z m N a 0] a -J ac a g U) o N = 0 w c4 ° o m o. a) m a m ti m a a u y a o 0 c Q CE aa); o 4- ' c� m - m 0 a C c o — p p v e 2 = — 3 . a o c y ` O CO C c ''- m 'cr a N m 6 'm 'a a : a a) c r (6 0 E 0 _ ' o E 9 C o' o 0 0 0 ., o 0 m c m m o y ' ` w C C .n 2 ° o ` g ° o ° E m w O a o O a ¢ � m N 7 4' C ° O o E 2 a` C N .c co Q 03 _ _ o i .N 0 a O) y C a Y m n o J m c 0 h 4)) a a E c s y C R U — p C . y = E E ;n -0 ° — m C -0 m E o aO 5 O m ,, o a 0 0 O 00 c0 ) 0 a > aa) m 0 o C.) 8 0 z, n o m L_ : m a. ° s. > E h e S ',L >- E N CO V u) CO N CO CDM Smith 2180 W.First Street Suite 400 Fort Myers,Florida 33901 tel: 239 938-9600 fax: 239 339-6418 April 7,2015 Ms. Zamira DelToro Project Manager Public Utilities Planning and Project Management Division 3339 Tamiami Trail East,Suite 303 Naples, FL 34112 Subject: Livingston Road IQ Water ASR System Monitor Well Modification Quote Evaluation-Recommendation for Contract Award Dear Ms. DelToro: On March 12, 2015,a quote was received by Collier County for the Livingston Road IQ Water ASR System Monitor Well Modification project.The quote was solicited through the Well Drilling,Testing and Maintenance contract (#12-5871). The quote submitted by Youngquist Brothers, Inc. (YBI)was in the amount of$398,765.00. Layne Christensen,the other well driller under the 12-5871 contract,declined to submit a quote. Subsequent to receipt of the YBI quote,a meeting was held between Public Utilities Planning and Project Management Division, Purchasing,YBI and CDM Smith. Based on the meeting a negotiated project price of$354,900 was reached. The project price includes an owner directed time and materials allowance of$25,000 and a time and materials pond liner repair allowance line item in the amount of$35,000. The negotiated project price less the allowances is$294,900. This amount is approximately 18 percent higher than the$250,000 estimate provided on September 25, 2014 by CDM Smith. CDM Smith has reviewed the quote provided by YBI and while it is above the planning level estimate obtained early in the design phase, it appears reasonable given the requirements of the final design and the level of risk in the project. When the planning level estimate was requested in September 2014,CDM Smith provided draft design plans of the monitoring well improvements. Specifications for the project were not provided at that time. Subsequent to the request for the cost estimate,the County identified several modifications to the design plans and identified specific project requirements which were to be included in the project specifications. The major changes reflected in the final design are the inclusion of a flow meter and additional piping on the discharge of the monitoring well, strict requirements for protection of existing infrastructure and landscaping and limitation on the techniques which may be used for performing the drilling work. The cost for the flow meter and additional piping is included in line item six of the quote,which was $30,000. Adjusting for the difference in cost for the flow meter and piping results in a variance of approximately 6%above the estimate. The cost of the protection of existing infrastructure and limitation on the construction techniques is likely carried in the Mobilization and Demobilization and Well Construction line items. WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES I CDM Smith Ms.Zamira DelToro April 7, 2015 Page 2 CDM Smith believes that YBI is qualified to perform the construction of the Livingston Road IQ Water ASR System Monitor Well Modification project and that the negotiated price represents a reasonable project cost. CDM Smith recommends that Collier County award the project for the total Quote, for Base Quote Items 1 through 7 plus the project allowance. Should you have any questions or wish to discuss the quote further,please do not hesitate to call us. Respectfully, Jason A.Sciandra, P.E. Senior Project Manager CDM Smith Inc. Bond Number:SUR60000304 tIAIA TM Document A312 - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place Youngquist Brothers,Inc. of business) 15465 Pine Ridge Road Ironshore Indemnity Inc. This document has important legal Ft.Myers,FL 33908 One State Street,7th Floor 239-489-4444 New York,NY 10004 consequences.Consultation with OWNER: 646-826-6600 an attorney is encouraged with respect t its completion or (Name,legal status and address) modificati on. Collier County Board of County Commissioners Any singular reference to 3301 Tamiami Trail E. Naples,FL 34112 Contractor,Surety,Owner or 239-252-8097 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: $354,900.00 Performance Bond and a Payment Bond,into one form, Description: This is not a single combined (Name and location) Performance and Payment Bond. Contract 12-5871 Well Drilling, Testing and Maintenance BOND Date: (Not earlier than Construction Contract Date) Amount: $354,900.00 ? Modifications to this Bgii ���4 e•,c9 D See Section 16 U 0 CONTRACTOR AS PRINCIPAL N t'a'- SURETY Company: (Corpo a e(iSeal) !Cony-any: (t orporate Seal) Youngquist Brothers;Inc.\ Irot hor nity Inc. Signature i' _,_ _►1W W,S`ignature• r""7 Name Harvey ouPresident Name Brook T mith,Attorney-In-Fact and Title and Title: (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: Burton Harris (Architect, Engineer or other party) Security Bond Associated,Inc. 10131 SW 40th Street Miami,FL 33165 305-552-5412 Init. MA Document A312," n —2010.The American Institute of Architects. oeio 1 §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 noOwner 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 (l 0)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 ofthe following actions: 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §52 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 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 A312*"—2010.The American Institute of Architects. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 53,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 tote e 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,oduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §°14.2 Construction Contract.The agreement betweenthe Owner and Contractor identified on the cover page, including all Contract Documents and changes made-to the agreement and the Contract Documents. §14.3`ContractorDefault 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 doctunents 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 he Contractor_ Init. AlA Document A312 TM-2010.The American Institute of Architects. 3 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures ofadded 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 004.411001,OD width thistedappetiM1100ED.Ars original assures that changes will not be obscured. Init. AIA Document A312 —2010.The American Institute of Architects. 4 Bond Number: SUR60000304 Document A312 TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place Youngquist Brothers,Inc. of business) 15465 Pine Ridge Road Ft.Myers,FL 33908 Ironshore Indemnity Inc. This document has important legal 239-489-4444 One State Street,7th Floor consequences.Consultation with New York,NY 10004 an attorney is encouraged with OWNER: 646-826-6600 respect to its completion or (Name,legal status and address) modification. Collier County Board of County Commissioners 3301 Tamiami Trail E. Any singular reference to Naples,FL 34112 Contractor,Surety,Owner or 239-252-8097 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Performance Bond and a Amount: $354,900.00 Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Contract 12-5871 Well Drilling, Testing and Maintenance BOND Date: (Not earlier than Construction Contract Date) Amount: $354,900.00 Modifications to this 136a d: C31 gnte`%<,r, 'I:1 See Section 18 CU.i {T J� . CONTRACTOR AS PRIN 1P.A + . : .ZURETY Company: :(Cootitf leas) :Company: (Corporate Seal) Youngquist Brothers it*rlL. Iro shore +elr ity Inc. Signature: '' ,, ignature: / 7 _ Name Harvey Youngquist r.,Vice President Name :rook T. S r h,Attorney-In-Fact and Title: and Title: (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: Burton Hams (Architect, Engineer or other party:) Security Bond Associated,Inc. 10131 SW 40th Street Miami,FL 33165 305-552-5412 Init. AIA Document A312TM—2010.The American Institute of Architects. 061110 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 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: §51 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 suffiçiönt 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 Suety 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 forthe 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"—2010.17reAmerican 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 §161 Claim.A written statement by the Claimantiincluding 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; 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' —2040.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 pet-form 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 Modification to this bond are as follows: (Space is provided below for additional signatures of addedparties,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 thktiMitt appetWit ED->An ofttrog assuresthat changes will not be obscured. Init. AIA Document A312' —2010:TheAmCriban Institute of Architects. 8 POWER OF ATTORNEY ill-40000 3 O L Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS,that IRONSHORE INDEMNITY INC.,a Minnesota Corporation,with its principal office in New York, NY does hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley,Jason D.Cromwell,James H. Martin, Sandra L. Fusinetti, Deborah Neichter,Jill Kemp,Jackie C. Koestel, Sheryon Quinn, Dawson West, Bonnie J. Wortham, Amy Meredith, Lynnette Long, Barbara Duncan, Mark A. Guidry, Michele Lacrosse,Jessica Nowlin and Summer A. Betting its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22'd day of April,2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director,and its Corporate Seal to be affixed this 2nd day of July,2013. IRONSHORE INDEMNITY INC. �pPPORq Fs SEAL 18181 Ohk Daniel L.Sus Director ACKNOWLEDGEMENT On this 2'd day of July, 2013,before me, personally came Daniel L. Sussman to me known,who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity Inc., the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. AMY L TAYLOR Notary Public-State of Tennessee Davidson County = ? = My Commission Expires 01-01-16 'arc Amy L.Tayl .?P Notary Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this_Day of 20 . 4p s SEAL 1819 Paul S.Giordano Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties."