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Backup Documents 02/25/2014 Item #16C2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI A Routed by Purchasing Department to Office Initials Date the Following Addressee(s) (In routing order) 1. Risk Management Risk ' 3114(tc( 2. County Attorney Office County Attorney Office '1f 3 ' 1yI 3. BCC Office Board of County Commissioners /' -42' 4 4. Minutes and Records *PLEASE Clerk of Court's Office RETURN AN ELECTRONIC COPY 31a41 4 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart Phone Number 252-8375 Purchasing Staff March 20,2014 Contact and Date Agenda Date Item was February 25,2014✓ Agenda Item Number 16.C.2 Approved by the BCC Type of Document Work Order Number of Original 1 Attached Documents Attached PO number or account N/A Solicitation/Contract 08-5011-112 Mitchell number if document is NumberNendor Name &Stark Construction to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the,Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signe the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. 16 C2 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, March 24, 2014 3:45 PM To: DeLeon, Diana Cc: ReavesBrenda (BrendaReaves @colliergov.net) Subject: Work Order#08-5011-112 w/Mitchell &Stark (Item #16C2 2-25-14) Attachments: #08-5011-112 (Mitchell & Stark WO).pdf Hi Diana, Attached is a copy of the signed Mitchell & Stark Work Order approved by the Board during their February 25th Meeting. Thanks! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) AGREEMENT 08-5011 16 C2 t ' "Annual Contract for Underground Utility Contracting Services" THIS AGREEMENT is made and entered into this 1 f''day of Ma,r-c_k , 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Mitchell & Stark Construction authorized to do business in the State of Florida, whose business address is 6001 Shirley Street, Naples, Florida 34109 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for the period of twenty four(24) months. Additionally, by mutual agreement and funding availability, the contract may be renewed for two (2) terms of twenty four (24) months each. In no event, including renewal options, shall the contract exceed six (6) years. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed five firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for a wide range of minor-to-medium scale future construction, renovation and retrofit projects on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 08-5011 and the Contractor's proposal made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Fifty Thousand ($50,000) or less, the Owner shall obtain a proposal from one or more of the five (5) selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all of the contracted firms; the Contractor shall respond with the information and or proposal sought within ten (10) working days, the Owner shall negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator and County Attorney approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty Thousand ($750,000), competitive quotations shall be solicited from all of the contracted firms. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. Page-1- 16C2 4 In each Request for Quotation, the Owner reserves the right to specify the period'of completion and the collection of liquidated damages in the event of late completion. Work orders shall not be required for emergency work but will be authorized by Purchase Order only. The Forms attached to this Agreement as Exhibits A through D shall not be required for emergency work. The Contractor will be compensated for time and material work, either emergency or scheduled, in accordance with the rate sheet with material and specialty equipment markup. 3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule for emergency underground utility contracting services. The on-call Contractor shall be required to have a cell phone number, along with a home number, to the County so that the County will be able to contact the Contractor when needed. This schedule will be rotated on a one (1) week basis. In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than two (2) weeks in a row on-call. 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: Mitchell & Stark Construction Brian Penner, CEO 6001 Shirley Street, Naples, Florida 34109 Phone: 239-597-2165 Fax: 239-566-7865 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Attn: Purchasing/General Services Director Purchasing Department 3301 East Tamiami Trail, Purchasing Building G Naples, Florida 34112 239-252-8407 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page -2- 16 7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 8. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 for each accident. Page -3- 1602 Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements. that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of fifty thousand dollars ($50,000). The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14.PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". Page -4- WORK ORDER/PURCHASE ORDER 1602 Agreement for Fixed Term Underground Utilities Contract Dated: March 11, 2008 (Contract 08-5011-112) Contract Expiration Date: March 10, 2014. This Work Order is for professional Underground Utility Construction services for work known as: Project Name: NCRWTP High Service Pump Replacement Project No: 71066.22 The work is specified in the proposal dated January 22, 2014, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to Mitchell & Stark Construction Company, Inc. Scope of Work: As detailed in the attached proposal and the following: Task I Mobilization Task II Furnish & Install HSP 1-4 Task III Disinfection & Testing Task IV Allowance Schedule of Work: Complete work within 300 days from the date of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method(s): Negotiated Lump Sum (NLS) FILump 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 $ 11,598.00 LS Task II 364,898.20 LS Task III 2,423.00 LS Task IV 10,000.00 TM TOTAL FEE $ 388,919.20 LS & T&M **10% retainage will 4 held 'n p Igre . payments only. PREPARED BY: ,al/f A1A Tom Siv;, , PE, P nior Project Manager Da e APPROVED BY: ___ - ' ZS I l 1 Mark J. Su ., P'MD Tr ncipal Project Manager Date RFQ#08-5011-112 NCRWTP High Service Pump Replacement �Page 2 Ca 1 • APPROVED BY: 1 27/Ili Steve Messner,Water Director Date APPROVED BY: ,/ / 2 �"1 l,L' Tom C. elik,P.E., PPMD Director ate APPROVED BY: ./ "�1, —�-c � ( 24't C( Brenda i • art,Purcha mg Procurement Strategist Date APPROVED BY: A // te , _ l/740/t/ Joe Bell/,Uti1 ie. Operations Support Director Date APPROVED BY: r 4____, /722V2-0/ , George Yilmaz,Public Utilities Administrator Date ,, Date ATTEST: <;r `'., BOARD OF COUN Y COMMISSIONERS Dwight k Bro c,derk''-- Collier Cyr ty,Flo/a • By �`�„ ' . t . • �. Deputj%Cler 71�`'g"s .i Tom Henning Chai t !' 1:dilliiiii . _ Mitchell and Stark Construction Company, Inc. — 11111I Lc-C, tt,t. By: L—.----4, L.9_____,-- (Witness 0•- Name/Title) I By: leltae Michael P.Westha+ter,Vice President (Name and Title) �� l ''61-1,4 Doe i(u..e.,, ?. a , (Witness Two N.me/Title)I Approv:• as, . i✓/ and Legailigai j. Ablilfrkt ..j unn ," .y . 16C2 , : : 0 0 0 o S J O O O O O l- o CO CV O O O N o O CO ca C H co — a co O 69 ER ER fR ER O O O O O O O O W ~ U o 0 0 °O z R o rn m O D O O v o ER ER ER 0 CO OO o CO J Q O O o N I- r- Eh M O co O O O N O N • H N CO r- N CO v i0 ee 69 ER ER ER CI c) O O O • O O W ZU ° co Lo o = o= o r` ER o N o ER ER 69 O O O O O O O O O O J Q o O a) O e e..0 0 F CO O CO O CD N O N CO O a}' C 1.- M M Y ER ER 69 ER ER N t0 O O O O = O O O O H U o° °o co oo Z - CO LC) CV o M a M O N O rn ER ER 69 O ON O O N J .. Q CA O) N o 4- L co h• En co V O 0) w O CO CO N O O CO O CO CI fR fR Ee ER EH N Oa 16 a) m '= O LO O C cci W co as Z- U N CO O a a rn o ER ff) L C U 33 ZEn U U (n w CZ CO D W W J c 0 c r v v o } L cn w 0 (6 O a) .� C C N L 4 O O U N h a) O- C C N 7 E LL E En N C O O Q m a) U O 7 V Ea C d 9.). O) O C 7 ° co C >, co O) a) N a) Z O) O 'O .t- a) 3 a) ° w E O d@ 3 0 7 0 .-• °- C ‘- ad d a) N CC Q >. O N •N a) o a o)Q U m 3 o w '� U ° . rn v) E L o .v n v v w co cti re a N O 'C 'O .N c n- a) r6 a) O C a E O rd m')( 0 N .N L O N IL a N Cl) To Cl)I L v . 3 Q Cl) a3i = o hi c c c ot$ I- m ° o E O Z c 06 o o c ai ° vi 1-3E2 =' m O 7 ti) it' N -° U C L ° N C a u) N > C c w cC6 .. o c IL 17 .O t C O U •X N _ O co 0 :.U C iq 3 = CC n. 92 a) O Q -o U a L.. m a 0 a o n g -J m o cu LY W — N CO V O C o U H O m U z I- CO 3 16C2 co ler County Acrntniaratve Services Dviscri Phinç REQUEST FOR QUOTATIONS FOR MULTIPLE PROECTS UNDER CONTRACT#08-5011 "Annual Contract for Underground Utilities!" Date: December 30, 2013 From: Brenda Brilhart, Procurement Strategist 239-2524446,Telephone Number 239-252-6697, Fax.Number brenclabrilhartacolliergov.net To; Prospective Vendors Subject: RFQ#08-5011-112— NCRWTP High Service Pump Rep lacement($384k) As provided in the referenced contract, the Collier County Purchasing Department is soliciting quotes for the referenced project. RFQ Due Date By 4:00 pm 1/22114 Non-Mandatory Pre-Quote Meeting 10:00 AM 1116/14 NCRVVIP Pre-Quote Meeting Location: 8006 Vanderbilt Beach Ext Q&A Deadline; By 5:00 pm 1/17/14 Number of Days to Final Completion: 300 Days Plans and Specs: Included Li,uidated Dama es: n/a Direct Material Purchase n/a 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 informationtquotation process. Mitcneii &Stark Construction Cc., Inc. Firm's Complete Legal Name 239-332-1632 1 239-332-2819 Telephone Number/Fax umber Signature Vice President Title Michael P.Westhafer 01/2212014 Print Name Date C: Toni Sivert. Project Manager RFC)08.5011 -111 16C2 �y $0 R \/ R C CO 06 @ a o i- 0) 7 Nr 7 c 7 ~ / @ ¥ r M § 2 m a L.1.1 R $ % 0 / / C / r• 2 w a. • a _ _ CO q / / / / = L w 7 # # _ a >- / I- / to a 2f / c a = 5 C / 2 0 _0 T.)• 0 ° c 2 2 0 ƒ / / S (0 J < c 3 Q § q c = g < -c 3 \ it \ f ® g CL � $ e % f ¢ / 0 0 L E f / 0 Z § _ < § $ § % / O co k � � 73 E - / 2 \ cco § / ® k u3 c \ / o0 = ti:-1 § 0 Ca 0 / :\ > 00 % ID ± / \ E c E o @ CC q / O. E _ % � � ) 2 E / W k / Q / CI ' U) Ce a. Di% ® / f / ■ E ® t c 3 o c .4 R = Q § E f § o ' g o a f § 3 / 5 s = ■ \ � 0 $ / 0 § 2 E / § \ O co 2 / 0c 4- 73 = 3 EE § - 2 « k/ w / & CI• z I J k § k 2 § % b 3 c • ® 0 • 2 w q n i- a) k _ m / Z 0 m $ 16 C2 - 1 LETTER OF TRANSMITTAL MITCHELL & STARK CONST. CO., INC. 9009 HIGH COTTON LANE FORT MYERS, FLORIDA 33905 PHONE: 239-332-1632 FAX: 239-332-2819 TO: DATE: 12-Mar-14 Collier County Utilities 3339 Tamiami Trail East,Suite 303 RE: NCRWTP High Service Pump Replacement Naples, Florida 34112 ATTN: Mr. Thomas A.Sivert, P.E. WE ARE ENCLOSING: COPIES DATE NO. DESCRIPTION 1 Performance&Payment Bonds THESE ARE TRANSMITTED AS CHECKED BELOW: FOR APPROVAL xxx FOR YOUR USE REMARKS: VERY TRULY YOURS, MITCHELL&STARK CONSTRUCTION COMPANY, INC. Michael P.West afer, P. . AN EQUAL OPPORTUNITY EMPLOYER H 1 OP ID:TB ,4coRV° CERTIFICATE OF LIABILITY INSU oti2 20°,4' 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(les)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 Phone:317-844-7759 CONTACT Cliff Buchman Tobias Insurance Group Fax:317-844-9910 PNONE 317-844-7759 I&No):317-8154036 9247 N.Meridian St Ste.300 NC.No.Ex& Indianapolis,IN 46260 (NC. cbuchman@tobias.com Nick J.Rutigliano INSURERS)AFFORDING COVERAGE NAIL• INSURER A:XL Insurance America,Inc. 24554 INSURED Mitchell&Stark Construction INSURER B:Starr Indemnity&Liability Co 38318 Company,Inc. INSURER C: 6001 Shirley Street Naples,FL 34109 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP UNITS LTR TYPE OF INSURANCE INSR WAR) POLICY NUMBER IMM/DD/YYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CGS740906402 14 03/01/2014 03/01/2015 DAMAGE TO RENTED 300,000 ( ) PREMISES(Ee xwnenCel $ CLAIMS-MADE X OCCUR MED EXP(My one person) $ 10,000 X $5,000 PROPERTY PERSONAL&ADV INJURY $ - 1,000,000 DAMAGE DEDUCTIBLE GENERAL AGGREGATE $ 2,000,000✓ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,0 7 POLICY )1 I I.V1" I I LOC $ AUTOMOBILE LWBILnY (Ea OMBaBI ErDrij INGLE LIMIT 3 1,000,000 A X ANY AUTO CAH740002703(14) 03/01/2014 03/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LWB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESS LIAO CLAIMS-MADE 1000020739(14) 03/01/2014 03/01/2015 AGGREGATE $ 5,000,000 DED I X RETENTION$ 0 $ WORKERS COMPENSATION X TWC RY ATITS 0ETR H- AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y© N CWG740002503(14) 03/01/2014 03/01/2015 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? 1�000�000 (Mandatory in NH) EL DISEASE-EA EMPLOYEE$ Eyes describe under E.L.DISEASE-POLICY LIMIT S 1,000,000 DESGIRIPTION OF OPERATIONS bslow DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,N more space le required) ADDITIONAL INSURED(GENERAL LIABILITY] : COLLIER COUNTY BOARD OF COMMISSIONERS. RE: CONTRACT #08-5011—"ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONTRACTING SERVICES". CERTIFICATE HOLDER CANCELLATION COLU-8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLIER COUNTY BOARD OF ACCORDANCE WITH THE POLICY PROVISIONS. COMMISSIONERS 3327 TAMIAMI TRAIL EAST AUTHORIZED REPRESENTATIVE NAPLES,FL 34112 i ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD MITCH-1 PAGE 2 NOTEPAD INSURER'S NAME Mitchell&Stark Construction OP ID:TB DATE 02/27/14 IF YOU ARE THE RECIPIENT OF THIS CERTIFICATE: ANY WORDING TO PROVIDE ADDITIONAL INSURED COVERAGE, PROVIDE COVERAGE ON A PRIMARY AND NON-CONTRIBUTORY BASIS, OR PROVIDE A WAIVER OF SUBROGATION APPLIES ONLY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. 1 6 C CONTRACTUAL LIABILITY COVERAGE IS ONLY PROVIDED TO THE EXTENT SET FORTH IN THE POLICIES AND MAY NOT COVER ALL LIABILITY ASSUMED BY THE NAMED INSURED UNDER THE CONTRACT. IF YOU ARE THE REQUESTOR OF THIS CERTIFICATE OF INSURANCE: Tobias Insurance Group has, upon your request, issued the attached Certificate of Insurance. If you have not already done so, we highly recommend that you provide Tobias Insurance Group with a copy of the insurance and indemnification provisions of the contract pertaining to the Certificate of Insurance request so that we may properly ascertain whether the referenced insurance policies address the limits of insurance, terms and types of coverage required by the contract. While most Certificates of Insurance can be issued at no cost, the contract may require the purchase of additional insurance coverage that could be subject to an additional premium charge. In some instances, the coverage identified in the contract may be outside the underwriting guidelines of the insurance carrier and cannot be obtained. Any contract review performed by Tobias Insurance Group should not be construed as the rendering of legal advice or a legal opinion concerning any portion of the contract. Tobias Insurance Group has not endeavored to identify all potential liability issues that might arise under this contract. This review is provided for information purposes only and should not be relied upon by third parties. Any description of insurance coverage is subject to the terms, conditions, exclusions and other provisions of the policies and any applicable regulations, rating rules or plans. This Certificate of Insurance does not constitute a contract between the issuing insurer(s) , authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 16 C 2 $¢,, Bond No. 09080091 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY: MITCHELL&STARK CONSTRUCTION CO.,INC. Fidelity&Deposit Company of Maryland 6001 SHIRLEY STREET 1400 American Lane NAPLES,FLORIDA 34109 Schaumburg, IL. 60196 OWNER(Name and Address): COLLIER COUNTY BOARD OF COMMISSIONERS 3301 TAMIAMI TRAIL E NAPLES,FLORIDA 34112 CONSTRUCTION CONTRACT Date: 03/04/2014 Amount: $ 388,919.20 Three Hundred Eighty Eight Thousand Nine Hundred Nineteen Dollars and Twenty Cents DOLLARS Description(Name and Location): RFQ#08-5011-112-NCRWTP HIGH SERVICE PUMP REPLACEMENT BOND Date(Not earlier than Construction Contract Date): 03/04/2014 Amount: $ 388,919.20 Three Hundred Eighty Eight Thousand Nine Hundred Nineteen Dollars and Twenty Cents DOLLARS Modifications to this Bond: X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: MITCHELL&STARK CONST.CO.,INC. Company: Fidelity : eposit Compan of Maryland Corporate Seal Corporate Seal Signature: Signature: Name and Title: BRIAN PENNER Name and Title: Robert E.Williams,Jr. CEO Attorney In Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Printed in cooperation with the American Institute of Architects(AIA)by FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 American Lane Schaumburg,IL vouches that the language in the document conforms exactly to the language used in ALA Document A-312,December 1984 Edition. PRF76002ZZ0601f Without Modifications 1 The Contractor and the Surety,jointly and severally,bind may be liable to the ivf)ancQ 2as prac- themselves,their heirs,executors,administrators,successors and ticable after the amount is determined,tender pay- assigns to the Owner for the performance of the Construction ment therefor to the Owner;or Contract,which is incorporated herein by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract,the Owner citing reasons therefor. Surety and the Contractor shall have no obligation under this Bond,except to participate in conferences as provided in Sub- 5 If the Surety does not proceed as provided in Paragraph 4 with paragraph 3.1. reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice 3 If there is no Owner Default,the Surety's obligation under this from the Owner to the Surety demanding that the Surety perform its Bond shall arise after: obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as 3.1 The Owner has notified the Contractor and the Surety provided in Subparagraph 4.4,and the Owner refuses the payment at its address described in Paragraph 10 below that the tendered or the Surety has denied liability,in whole or in part, Owner is considering declaring a Contractor Default and has without further notice the Owner shall be entitled to enforce any requested and attempted to arrange a conference with the remedy available to the Owner. Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing 6 After the Owner has terminated the Contractor's right to corn- the Construction Contract.If the Owner,the Contractor and plete the Construction Contract,and if the Surety elects to act under the Surety agree,the Contractor shall be allowed a reasonable Subparagraph 4.1,4.2,or 4.3 above,then the responsibilities of the time to perform the Construction Contract,but such an Surety to the Owner shall not be greater than those of the Contractor agreement shall not waive the Owner's right,if any, under the Construction Contract,and the responsibilities of the subsequently to declare a Contractor Default;and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the limit of the amount of this 3.2 The Owner has declared a Contractor Default and for- Bond,but subject to commitment by the Owner of the Balance of mally terminated the Contractor's right to complete the con- the Contract Price to mitigation of costs and damages on the tract.Such Contractor Default shall not be declared earlier Construction Contract,the Surety is obligated without duplication than twenty days after the Contractor and the Surety have for: received notice as provided in Sub-paragraph 3.1;and 3.3 The Owner has agreed to pay the Balance of the Contract 6.1 The responsibilities of the Contractor for correction of Price to the Surety in accordance with the terms of the defective work and completion of the Construction Contract; Construction Contract or to a contractor selected to perform 6.2 Additional legal,design professional and delay costs the Construction Contract in accordance with the terms of the resulting from the Contractor's Default,and resulting from the contract with the Owner. actions or failure to act of the Surety under Paragraph 4;and 4 When the Owner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at the Surety's expense take one of the 6.3 Liquidated damages,or if no liquidated damages are following actions: specified in the Construction Contract,actual damages caused 4.1 Arrange for the Contractor,with consent of the Owner,to by delayed performance or non-performance of the Contractor. perform and complete the Construction Contract;or 7 4.2 Undertake to perform and complete the Construction The Surety shall not be liable to the Owner or others for obliga- Contract itself, through its agents or through independent tions of the Contractor that are unrelated to the Construction contractors;or Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of 4.3 Obtain bids or negotiated proposals from qualified con- action shall accrue on this Bond to any person or entity other than tractors acceptable to the Owner for a contract for perfor- the Owner or its heirs,executors,administrators or successors. mance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence,to be 8 The Surety hereby waives notice of any change, including secured with performance and payment bonds executed by a changes of time, to the Construction Contract or to related sub- qualified surety equivalent to the bonds issued on the contractors,purchase orders and other obligations. Construction Contract,and pay to the Owner the amount of 9 Any proceeding,legal or equitable,under this Bond may be damages as described in Paragraph 6 in excess of the Balance instituted in any court of competent jurisdiction in the location in of the Contract Price incurred by the Owner resulting from the which the work or part of the work is located and shall be instituted Contractor's default;or within two years after Contractor Default or within two years after 4.4 Waive its right to perform and complete,arrange for the Contractor ceased working or within two years after the Surety completion,or obtain a new contractor and with reasonable refuses or fails to perform its obligations under this Bond,whichever promptness under the circumstances: occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a .1 After investigation,determine the amount for which it defense in the jurisdiction Printed in cooperation with the American Institute of Architects(AIA)by FIDELITY AND DEPOSIT COMPANY 2 OF MARYLAND 1400 American Lane Schaumburg,IL. vouches that the language in the document conforms exactly to the language used in AIA Document A-312,December 1984 Edition. • 16 C2 shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be Owner in settlement of insurance or other claims for mailed or delivered to the address shown on the signature page. damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the 11 When this Bond has been furnished to comply with a statutory Contractor under the Construction Contract. or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with 12.2 Construction Contract: The agreement between the said statutory or legal requirement shall be deemed deleted Owner and the Contractor identified on the signature page, herefrom and provisions conforming to such statutory or other including all Contract Documents and changes thereto. legal requirement shall be deemed incorporated herein.The intent is that this Bond shall be construed as a statutory bond and not as 12.3 Contractor Default:Failure of the Contractor, which a common law bond. has neither been remedied nor waived,to perform or 12 DEFINITIONS otherwise to comply with the terms of the Construction 12.1 Balance of the Contract Price: The total amount payable by Contract. the Owner to the Contractor under the Construction Contract 12.4 Owner Default:Failure of the Owner,which has neither after all proper adjustments have been made,including allowance been remedied nor waived,to pay the Contractor as required to the Contractor of any amounts received or to be received by the by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page). CONTRACTOR AS PRINCIPAL SURETY: Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with the American Institute of Architects(AIA)by FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 American Lane Schaumburg,IL. vouches that the language in the document conforms exactly to 3 the language used in AIA Document A-312,December 1984 Edition. 1662 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Robert E.WILLIAMS,JR.,of Brownstown, Indiana, its true and lawful agent and Attorney-in-Fact, to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26th day of December,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND y ,,. N� tem SEAL ` —•— soy ... � ; poi If' 7)6014141. % BY d ii i Assistant Secretary Vice President Gerald F.Haley Geoffrey Delisio State of Maryland City of Baltimore On this 26th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GEOFFREY DELISIO,Vice President,and GERALD F.HALEY,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ` 1101 's<.' ``% ' 92,Litt-,,i9 •#, :.,x,.,t,,c.....z. c Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 044-3937A 16C2 i I EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4 day of IW A-A_ 2_ ,20 N . Y DtPos 41i4NS44,.L ° i.1 '♦Dun's pt� � i 0411 S. lir %0, 19N .a .�/f fit Thomas O.McClellan,Vice President 1602 Bond No. 09080091 Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY: MITCHELL&STARK CONSTRUCTION CO.,INC. FIDELITY&DEPOSIT COMPANY OF MARYLAND 6001 SHIRLEY STREET 1400 American Lane NAPLES,FLORIDA 34109 Schaumburg, IL. 60196 OWNER(Name and Address): COLLIER COUNTY BOARD OF COMMISSIONERS 3301 TAMIAMI TRAIL E NAPLES,FLORIDA 34112 CONSTRUCTION CONTRACT Date:03/04/2014 Amount:$388,919.20 Three Hundred Eighty Eight Thousand Nine Hundred Nineteen Dollars and Twenty Cents DOLLARS Description(Name and Location): RFQ#08-5011-112-NCRWTP HIGH SERVICE PUMP REPLACEMENT BOND Date(Not earlier than Construction Contract Date): 03/04/2014 Amount: $388,919.20 Three Hundred Eighty Eight Thousand Nine Hundred Nineteen Dollars and Twenty Cents DOLLARS Modifications to this Bond: None ® See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: MITCHEL = TARK CONSTRUCTION CO.,INC. Company: Fl! r &DEPO, T CO PANY OF MARYLAND Corporate Seal ; Corporate Seal Signature: _ � Signature: Name and Title: Brian Penner Name and Title: Robert E.Willis s,Jr. CEO Attorney In Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Printed in cooperation with The American Institute of Architects(MA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND 1400 American Lane vouches that the language in the document conforms exactly to the language used in MA Document A-312,December 1984 EDITION. PAY76001ZZ0409f With Modifications 1 The Contractor and the Surety,jointly and severally,bind 6 When the Claimant has satisfied the co in o 24, themselves,their heirs,executors,administrators,successors and the Surety shall promptly and at the Surety's expense take the assigns to the Owner to pay for labor,materials and equipment following actions: furnished for use in the performance of the Construction Con- tract,which is incorporated herein by reference. 6.1 Send an answer to the Claimant,with a copy to the Owner, within 45 days after receipt of the claim,stating the amounts 2 With respect to the Owner, this obligation shall be null and that are undisputed and the basis for challenging any amounts void if the Contractor: that are disputed. 2.1 Promptly makes payment,directly or indirectly,for all 6.2 Pay or arrange for payment of any undisputed amounts. sums due Claimants,and 7 The Surety's total obligation shall not exceed the amount of this 2.2 Defends,indemnifies and holds harmless the Owner from Bond,and the amount of this Bond shall be credited for any claims,demands,liens or suits by any person or entity whose payments made in good faith by the Surety. claim,demand,lien or suit is for payment for labor,materials or equipment furnished for use in the performance of the 8 Amounts owed by the Owner to the Contractor under the Con- Construction Contract,provided the Owner has promptly struction Contract shall be used for the performance of the Con- notified the Contractor and the Surety(at the address struction Contract and to satisfy claims,if any,under any Con- described in paragraph 12)of any claims,demands,liens or struction Performance Bond.By the Contractor furnishing and suits and tendered defense of such claims,demands,liens or the Owner accepting this Bond,they agree that all funds earned suits to the Contractor and the Surety,provided there is no by the Contractor in the performance of the Construction Owner Default. Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to use 3 With respect to Claimants,this obligation shall be null and the funds for the completion of the work. void if the Contractor promptly makes payment,directly or in- directly,for all sums due. 9 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the 4 The Surety shall have no obligation to Claimants under this Construction Contract.The Owner shall not be liable for pay- Bond until: ment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments 4.1 Claimants who are employed by or have a direct contract to,give notices on behalf of,or otherwise have obligations to with the Contractor have given notice to the Surety(at the Claimants under this Bond. address described in Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under 10 The Surety hereby waives notice of any change,including this Bond and,with substantial accuracy,the amount of the changes of time,to the Construction Contract or to related sub- claim. contracts,purchase orders and other obligations. 4.2 Claimants who do not have a direct contract with the 11 No suit or action shall be commenced by a Claimant under Contractor: this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after ] Have furnished written notice to the Contractor and sent the expiration of one year from the date(1)on which the Claim- a copy,or notice thereof,to the Owner,within 90 days ant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, after having last performed labor or last furnished or(2)on which the last labor or service was performed by anyone materials or equipment included in the claim stating, or the last materials or equipment were furnished by anyone with substantial accuracy,the amount of the claim and under the Construction Contract,whichever of(1)or(2)first the name of the party to whom the materials were occurs.If the provisions of this Paragraph are void or prohibited furnished or supplied or for whom the labor was done by law,the minimum period of limitation available to sureties as or performed;and a defense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in part from from the Contractor,or not received within 30 days of 12 Notice to the Surety,the Owner or the Contractor shall be furnishing the above notice any communication from mailed or delivered to the address shown on the signature page. the Contractor by which the Contractor has indicated Actual receipt of notice by Surety,the Owner or the Contractor, the claim will be paid directly or indirectly;and however accomplished,shall be sufficient compliance as of the date received at the address shown on the signature page. .3 Not having been paid within the above 30 days,have 13 When this Bond has been furnished to comply with a statutory sent a written notice to the Surety(at the address described in Paragraph 12 and sent a copy, or other legal requirement in the location where the construction 12) py,or notice was to be performed,any provision in this Bond conflicting with thereof,to the Owner,stating that a claim is being said statutory or legal requirement shall be deemed deleted made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.The intent 5 If a notice required by Paragraph 4 is given by the Owner to is that this Bond shall be construed as a statutory bond and not as the Contractor or to the Surety,that is sufficient compliance. a common law bond. Printed in cooperation with The American Institute of Architects(AIA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND 2 1400 American Lane vouches that the language in the document conforms exactly to the language used in MA Document A-12,December 1984 Edition. 14 Upon request by any person or entity appearing to be a poten- required for performance of the work t o r na { tial beneficiary of this Bond, the Contractor shall promptly fur- the Contractor's subcontractors,and a�thertem I hich arY P P Y nish a copy of this Bond or shall permit a copy to be made. a mechanic's lien may be asserted in the jurisdiction where 15 DEFINITIONS the labor,materials or equipment were furnished. 15.1 Claimant:An individual or entity having a direct con- 15.2 Construction Contract:The agreement between the tract with the Contractor or with a subcontractor of the Con- Owner and the Contractor identified on the signature page, tractor to furnish labor,materials or equipment for use in the including all Contract Documents and changes thereto. performance of the Contract.The intent of this Bond shall be to include without limitation in the terms"labor,materials or 15.3 Owner Default:Failure of the Owner,which has neither equipment"that part of water,gas,power,light,heat,oil, been remedied nor waived,to pay the Contractor as required gasoline,telephone service or rental equipment used in the by the Construction Contract or to perform and complete or Construction Contract,architectural and engineering services comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 4 is amended to insert sub-paragraph 4.3,which states: 4.3 Claimants have furnished to Surety proof of claim duly sworn to by Claimants with adequate supporting documentation proving the amount claimed is due and payable. Paragraph 5 shall be amended to delete the word"or"and insert the word"and'in its place. Paragraph 6 and its sub-paragraphs 6.1 and 6.2 shall be deleted in their entirety and replaced with the following: When the Claimant has satisfied the conditions of Paragraph 4,the Surety shall,within 90 days of the date when claimant finally completed its satisfactions of the conditions of Paragraph 4 notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed,including,but not limited to,the lack of substantiating documentation to support the claim as to entitlement or amount,and the Surety shall pay or make arrangements for payment of any undisputed amount;provided,however,that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to,or right to dispute,such claim. Rather,the Claimant's sole remedy shall be the immediate right, without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond. Paragraph 12 shall be amended to add the following paragraph: CLAIM NOTICE for the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND INSURANCE COMPANY and/or AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY must be sent to the following address: Contract Surety Bond Claims, c/o ZURICH, 1400 American Lane, Schaumburg,IL 60196. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY: (Corporate Seal) Company: Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with The American Institute of Architects(AIA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND 3 1400 American Lane vouches that the language in the document conforms exactly to the language used in AIA Document A-312,December 1984 EDITION. . . 16 C 2 i ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Robert E.WILLIAMS,JR.,of Brownstown, Indiana, its true and lawful agent and Attorney-in-Fact, to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26th day of December,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,N....n•;IN 8EAL ; -._ SC,: «.. 199! ,at I. Age;40..' BY Assistant Secretary Vice President Gerald F.Haley Geoffrey Delisio State of Maryland City of Baltimore On this 26th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GEOFFREY DELISIO,Vice President,and GERALD F.HALEY,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 9.),LitAt;,D , IG Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 044-3937A EXTRACT FROM BY-LAWS OF THE COMPANIES 16 C 2 "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- •resident, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I? TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _1 day of iiiiA,ct J... _.20 14 . • 'wQ DLI0.* Gft1� 74:11,a may,��( .o. ' fie` ''✓,� �7 O ti � `° ��r�e��3e�nA�' laver 3 ..... i i.ti 10'. .SEAL 4'w:. uN. I Thomas 1� O.McClellan,Vice President