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Backup Documents 05/27/2014 Item #16C5 O ACCOMP A YUALL ORIGINAL OCUM N TS S NT TO 16 C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ^- „j, ?3z '''°,‘V4°.(44 ,.tee Routed by Purchasing Department to Office Initials Date the Following Addressee(s)(In routing order) 1. Risk Management Risk 2. County Attorney Office County Attorney Office S� A l�g {� � 3. BCC Office Board of County -j` / Commissioners V `V/s, S`zg\L� . • • 7' • d Records *Please return Clerk of Court's electronic Office �I� rl CI elnic c i ,y to Purchasing I . urn c urchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart Phone Number 252-8375 Purchasing Staff May 27,2014 Contact and Date Agenda Date Item was May 27,2014 Agenda Item Number 16.C.5✓ Approved by the BCC Type of Document Work Order Number of Original 1* Attached Documents Attached PO number or account N/A Solicitation/Contract 08-5011-116 Douglas number if document is Number/Vendor Name N.Higgins 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 signed by 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 Chairman's signature. 16C 5 MEMORANDUM Date: May 30, 2014 To: Diana De Leon, Contracts Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #08-5011-116"Work Order" Contractor: Douglas N. Higgins Attached is an scanned copy of the contract referenced above, (Item #16C1) approved by the Board of County Commissioners on May 27, 2014. The original contract will be held on file in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16C5 . WORK ORDER/PURCHASE ORDER Contract 08-5011 "Annual Underground Utility Contractors" Contract Expiration Date: September 10, 2014 This Work Order is for professional underground utility construction services for work known as: Project Name: Thomasson Drive 24-inch Force Main Project No: 70044.6.3.5 The work is specified in the proposal dated March 28, 2014 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order/Purchase Order is assigned to: Douglas N. Higgins, Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I Perform all Work as described in the Proposal * Task II Owner Directed Allowance Work Schedule of Work: Complete work within 90 days from the date of the Notice to Proceed which is accompanying this Work Order. The Contractor agrees that any Work Order that extends beyond the expiration date of Agreement # 08-5011 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): 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 $197,790.00 NLS Task II $10,000.00 T&M TOTAL FEE $207,790.00 PREPARED BY: bi.1 x �? / Wayne arlovich, Senior Project Manager Dat- 1 2 4- ' ill APPROVED BY: � _ :� Craig Plarinci'. Proj-ct Manager Date / APPROVED BY: I ►4 To Chmelik, PPMD Department Director Dat- APPROVED BY: 44# "--1"7"-/ Steve Nagy, Collections System Manager Date Page 1 of 3 16C5 APPROVED B r /,Z 9� Bet ohnssen astewater Director Date APPROVED BY: ., .yc�.� ~� 6G k 511b0I1 Dr.,f.eorge Yilmaz, Public tilities Administrator Date APPROVED BY: Brenda Brilh , Procurement Strategist 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: Dou:l. • Name & Title of Authorized Company Officer Date (Remainder of page intentionally left blank) Page 2 of 3 16C5 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 COUN COMMISSIONERS Dwight E.,Broc • lerk of Courts COLLIER ,AUNT , FLORIDA By. . III B : _, .� D5uty.‘Clexk.-. f / om He mg, ..rman Dated 1' �1 °'S E Attest asI a� an's signature only Doty la ■ __:,t Ja,4114/1 t.--- *dix-c_ r, .! • .....■ First Witness Signature - iJ I q MO(rit - L{40(0 I.G TType/print signature and titleT TType/print witness nan1 c t.14At ess IA(ilia d Lobel° TType/print witness nameT A., ved as to rm and Legality: , _ 4- 1 Arslstan County Attorney W104 III 5(il),1 k -7AK Print Name Page 3 of 3 16C5 Crofter County Administrative Services Division Purchasing REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT#08-5011 "Annual Contract for Underground Utilities" Date: March 10, 2014 From: Brenda Brilhart, Procurement Strategist 239-252-8446, Telephone Number 239-252-6697, Fax Number brendabrilhart(a colliergov.net To: Prospective Vendors Subject: RFQ#08-5011-116—Thomasson Drive 24" Force Main ($270K) As provided in the referenced contract, the Collier County Purchasing Department is soliciting quotes for the referenced project. RFQ Due Date: 4:00 PM March 28, 2014 Non-Mandatory Pre-Quote Meeting N/A Q&A Deadline: 5:00 PM March 25, 2014 Number of Days to Final Completion: Substantial 60, Final 30 Total 90 Plans and Specs: Attached Liquidated Damages: $1,215 Per Day Payment& Performance Bonds Yes Direct Material Purchase No Your quotation response for this project is due no later than the date and time specified above. We will not accept any quotation responses later than the noted time and date. If your firm is unable to respond electronically, your quotation must be received in the office of the Purchasing Department at the above referenced address no later than the time and date specified. We look forward to your participation in this request for information/quotation process. Douglas N. Higgins, Inc. Firm's Complete Legal Name 239-774-3130/239-774-4266 T- • e um•er/Fax Number 3 Vice President ----_� Title B • randy Bartolone Print Name Date C: Wayne Karlovich, Project Manager RFQ 08-5011-116 1 16C5 RFQ 08-5011-116 Thomasson Drive 24-Inch Force Main ITEM DESCRIPTION QTY I UNITS UNIT TOTAL Section 1: General 1 Mobilization/Demobilization 1 LS $ 21,000.00 $ 21,000 2 Maintenance of Traffic 1 LS $ 4,000.00 $ 4,000 3 Pre-Construction Video 1 LS $ 800.00 $ 800 4 Survey Layout&Record Drawings 1 LS $ 3,700.00 $ 3,700 SUBTOTAL Section 1 $ 29,500 Section 2:Force Main 5 24"C905 PVC(Labor Only) 2,040 LF $ 37.00 $ 75,480 6 Install 24"Plug Valves(Labor Only) 2 EA $ 1,400.00 $ 2,800 7 Connect to Existing Force Main 1 EA $ 1,800.00 $ 1,800 8 Open Cut 42"Steel Casing(Labor Only) 141 LF $ 110.00 $ 15,510 SUBTOTAL Section 2 $ 95,590 Section 3: Drainage Modifications 9 Drainage Structures-Manhole Type P-8 2 EA $ 5,400.00 $ 10,800 10 Drainage Structures-Manhole Type J-8 2 EA $ 4,800.00 $ 9,600 11 Drainage Pipe 15"RCP 12 LF $ 100.00 $ 1,200 12 Drainage Pipe 30"RCP 12 LF $ 150.00 $ 1,800 SUBTOTAL Section 3 $ 23,400 Section 4:Restoration 13 General Restoration 2,100 LF $ 13.00 $ 27,300 14 Roadway Crossing Restoration 2 EA $ 11,000.00 $ 22,000 15 Allowance to cover unanticipated costs including but not limited to:un-located utilities and unforeseen site conditions(No additional payment shall be made for rock excavation, 1 T&M $ 10,000.00 $ 10,000 replacement of fill material or dewatering). Use of allowance must be approved by the County prior to the execution of the work. SUBTOTAL Section 4 $ 59,300 SUBTOTAL Section 1 $ 29,500 SUBTOTAL Section 2 $ 95,590 SUBTOTAL Section 3 $ 23,400 SUBTOTAL Section 4 $ 59,300 TOTAL $ 207,790 . . 16C 5 co ler C.,oulity Email: BrendaBrilhart @colliergov.net Telephone: (239)252-8446 Administrative Services Division FAX: (239)252-6697 Purchasing ADDENDUM #1 Memorandum Date: March 26, 2014 From: Brenda Brilhart, Procurement Strategist To: Awarded Firms 08-5011 Annual Contract for Underground Utilities Subject: Addendum #1 —RFQ#08-5011-116—Thomasson Drive 24"Force Main($270K) The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CLARIFICATION: Sheets 04, 05, 06, 07: At each plug valve add the following Note: Plug valve shall be supported on a precast concrete slab placed under the valve to help distribute the total weight of the valve and reduce line sagging. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Wayne Karlovich, Project Manager J \-Ip\ • ... 16C 5 0 0 0 0 0 0 0 00 0 0 0 o 0 0 0 00 0 0 °o 00 0,1 0 00 °o 0 O V O Y N W N N O N N O d O _ J aG �[1 N < N N N Oi ' M O N N O - CO N 00 N b F , r ,a 0 I- 2 Y N a a a a a a a a a N a a N a a a a a N a a N N Q o ° o ° ° o ° O o o o o ° ° ° 0 o o 0 O d O h V N 2 O Z 0 N O O N O• N " N N N N N N N N ..pp N N N N N N N OO 00 00 O O O O O G O 0 t00 O ' O O O O ' O O a O N N O O 1p O O V O O N O IG .J aJ ,7 O N - h V of N ' N 0] �'! N V h r, P r. ,. N 0 f W a a a a a a a a a a a a a a a a a a a a a a a N rJ O O O O 8 O O O O 8 O O O ,,, O g O O a N O a 0 0 h N N O 7 w N . 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N a V N IG A O m e2 O 1 eN- II V I0 16C5 • i Bond No. 35BCSAE0811 =-AIA Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Douglas N. Higgins, Inc. of business) 3390 Travis Pointe, Suite A Hartford Accident and Indemnity Company This document has important legal Ann Arbor, MI 48108 One Hartford Plaza, T-4 consequences.Consultation with Hartford, CT 06155 an isencO OWNER: y encouraged with (Name, legal status and address) respect to its completion or Collier County Board of Commissioners modification. 3301 Tamiami Trail East Any singular reference to Naples, FL 34412 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: Two Hundred Seven Thousand Seven Hundred Ninety Performance Bond and a and 00/00 ($207,790.00) Payment Bond,into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. Contract #08-5011 / Annual Underground Utility Contractors Project Name: Thomasson Drive 24-inch Force Main Project No. : 70044.6.3.5 BOND Date: May 5, 2014 (Not earlier than Construction Contract Date) Amount: Two Hundred Seven Thousand Seven Hundred Ninety and 00/100 ($207,790.00) Modifications to this Bond: ❑None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford Ac ident and Indemnity Company Signature: r �• ✓. Signature: :� 4 ! Name l, Q i 1 • It G Name -ather M. Johnso and Title: j �,e`re,� ,(��f and Title: Attorney in Fact (Any additional signatures appear on t e last page of this Performance Bond) i (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Hylant Group 24 Frank Lloyd Wright Dr. P.O. Box 541 Suite J4100 Ann Arbor, MI 48106 (734) 741-0044 snit AIA Document A312"'—2010.The American Institute or Architects. 061110 I 16C5 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (I 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 of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312*"—2010.The American Institute of Architects. 2 16C5 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A312TM—2010.The American Institute of Architects. 3 16C5 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init. MA Document A312' —2010.The American Institute of Architects. 4 16C 5 ® BOND NO. 35BCSAE0811 Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Douglas N. Higgins, Inc. of business) 3390 Travis Pointe, Suite A Hartford Accident and Indemnity Company Ann Arbor, MI 48108 One Hartford Plaza, T-4 This document has important legal Hartford, CT 06155 consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) rasped to its completion or modification. Collier County Board of Commissioners 3301 Tamiami Trail East Any singular reference to Naples, FL 34412 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: Two Hundred Seven Thousand Seven Hundred Ninety Performance Bond and a and 00/100 ($207,790.00) Payment Bond,into One form. Description: This Is not a single combined (Name and location) Performance and Payment Bond. Contract #08-5011 / Annual Underground Utility Contractors Project Name: Thomasson Drive 24-inch Force Main Project No. : 70044.6.3.5 BOND Date: May 5, 2014 (Not earlier than Construction Contract Date) Amount: Two Hundred Seven Thousand Seven Hundred Ninety and 00/100 ($207,790.00) Modifications to this Bond: ®None ❑See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford Accident and Indemnity Company Signature: 1 ' ,L, Ii • Signature: Name �� , TY l Name eather M. Johnso Title: Ia� 't 4`c`'`am 1't- and Title: Attorney in Fact / (Any additional signatures appear on the last page of this Payment Bond) / (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: xylant Group (Architect, Engineer or other party:) 24 Frank. Lloyd Wright Dr. P.O. Box 641 Suite J4100 Ann Arbor, MI 487.06 (734) 741-0044 Init MA Document A312TO—2010.The American Institute of Architects. 061110 5 16C5 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands, liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2.the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Ind AIA Document A312'"—2010.The American Institute of Architects. 6 16C 5 §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(l)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312'"—2010.The American Institute of Architects. 7 16C5 5 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that changes will not be obscured. Ink AIA Document A312"'—2010.The American Institute of Architects. 8 • Direct N1uii6/toms toy POWER OF ATTORNEY THE HARTFORD BOND,T-4 F One artford Plaza Hartford,Connecticut 06155 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35-350851 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Heather M. Johnson, Joel E. Speckman, Terri Mahakian, David Harlock of Ann Arbor, Ml their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. triry6 �swwls �C\ xrs,�• Sri /�" ,tr°�< OY r r ',,p...�•.,ri,; a, Veer ;9t0 ��I�,^v.b�:^ F ,4000,, ,C�,• _ 1� } �'`Anrtravx' • A••li1► t i Ip70 i. �t ID74 T: .;� se/% 7971 �. � �> Wesley W.Cowling,Assistant Secretary M. Ross Fisher,Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 12t''day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 4�M4y47 iii\\ltMrAl► fj / • Pl�lta • Kathleen T Maynard Notary Public CERTIFICATE My Commission Expires July 31,2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 5, 2014 . Signed and sealed at the City of Hartford. �ri ry4� 106w4. ��)�._ �,,»r s,,r �a,•,� g��,•r���• U;-rte•< • ,..7�• p':0A , 1967 • '�f , t • • .F '•1 -. 1 •`,..),!mty� • A•tr�H� ly 7I : tai .Air 14•- dY>f. /� a 1D7�• 1971 Gary W.Stumper,Vice President „ ..---, 0 16C5 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) L.-----” 1 5/5/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hylant Group Inc Ann Arbor (a/C PHONE FAX.EXn:734-741-0044 ac,Not:734-741-1850 24 Frank Lloyd Wright Dr J4100 EMAIL Ann Arbor MI 48105 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Insurance Company_ 35289 INSURED HIGGI-5 _INSURER B:Continental Casualty Company 20443 Douglas N. Higgins, Inc. INSURER C Malley Forge 1ns_urance Co. 20508 _ 3390 Travis Pointe, Suite A INSURER D:Greenwich Insurance Company 22322 Ann Arbor MI 48108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1077596543 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 I POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER I IMM/DD/YYYY) IMM/DD/YYYY) LIMITS A GENERAL LIABILITY U1061922047 12/10/2013 12/10/2014 EACH OCCURRENCE $1,000,000 DAMAGE RETED X COMMERCIAL GENERAL LIABILITY PREMISES(OEa oocur ence) $500,000 CLAIMS-MADE LX I OCCUR MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE _ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X jE 8 L. A AUTOMOBILE LIABILITY U1061 9220 33 12/10/2013 12/10/2014 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS —_ AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR U1061922050 12/10/2013 12/10/2014 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$10,000 $ C WORKERS COMPENSATION WC161922016 12/10/2013 12/10/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY ,,/N TORY I MIS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) I' E L DISEASE-EA EMPLOYEE $500,000 If yes,describe under -- — DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $1,000,000 D Professional/ PEC0025095 12/10/2013 12/10/2014 2,000,000 Each Claim Pollution '14,000,000 Aggregate I i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Job-Contract#08-5011;Annual Contract for Underground Utility Contracting Services. Additional Insured for General Liability, as required by written contract(primary)- Board of County Commissioners, Collier County Project: Thomasson Drive 24-inch force main CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail, East Naples FL 34412 AUTHORIZED REPRESENTATIVE Mai 11 v yt ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD