Backup Documents 10/28/2014 Item #16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG TURE
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 1711/1 I,
3. BCC Office Board of County 1 b
Commissioners VAI Z / .(5,\�A,O
4. Minutes and Records**Please e-mail Clerk of Court's Office
electronic copy to Purchasing `m to`30(1'1 3 `iQM
5. Return to Purchasing Department Purchasing
Contact: Diana DeLeon
PRIMARY CONTACT INFORMATION
Name of Primary Diana De Leon for Swain Hall Phone Number 252-8375
Purchasing Staff October 28,2014
Contact and Date
Agenda Date Item was October 28,2014 ✓ 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 14-6213-6 Douglas N
number if document is NumberNendor Name 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 the
Chairman's signature.
16C2
WORK ORDER/PURCHASE ORDER
tkontract 14-6213 "Underground Utility Contracto "
Contract Expiration Date: July 7, 2016 7
This Work Order is for professional construction services for work known as:
Project Name: NCWRF Victoria Park Force Main ,/
Project No: 73968.46.3 /
The work is specified in the proposal dated September 12, 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. 4,-
Scope
Scope of Work: As detailed in the attached proposal and the following:
* Task I Perform work in the right-of-way as described in the Proposal
* Task II Provide vacuum tanker trucks as described in the Proposal
* Task III Perform all remaining Work as described in the Proposal
* Task IV Allowance for Owners Use as Directed
Schedule of Work: Complete work within 250 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 # 14-6213 will survive and remain subject to the terms and conditions
of that Agreement until the completion or termination of this Work Order.
Compensation: In accordance with the Agreement referenced above, the County will compensate the
Firm in accordance with following method(s): ®Negotiated Lump Sum (NLS) _Lump Sum Plus
Reimbursable Costs (LS+RC) Time & Material (T&M) (established hourly rate — Schedule A) U
Cost Plus Fixed Fee (CPFF), as provided in the attached proposal.
Task I $150,000.00 T&M "V
Task II 3,360.00 T&M f
Task III 151,199.00 NLS
Task IV 59,000.00 T&M t/
TOTAL FEE $363,559.00 ./".//1)
el
PREPARED BY:
A Wayne l arlo Senior Project Manager Date
1011111 zt
APPROVED BY: ‘CDA /I
Crai: Paj ,'r' c':al Project Manager Date
APPROVED BY: dI P/t
frif� / 141
Tim Chmelik, PPMD Department Director Date
Page 1 of 3
1 6c ee
APPROVED BY: C,�., /0 ' I I c"
Dale Waller,NCWRF Plant Manager Date
APPROVED BY: .k4
Steve N Collections System Manager Date
gY� Y g
PPROVED • - _ �- l Z
Beth 4 ssen, Wa ewater Director Da
_
APPROVED BY: �r�- � 1c)/57111
1 Dr. George Yilmaz, Public Utilities Administrator Date
APPROVED BY:A-0-.),-471/7
Swainson Hall, 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: Douglas N. Hi ins Inc.
Brandy Bartolone, Vice President/Regional Manager Date
(Remainder of page intentionally left blank)
Page 2 of 3
1 6C
IN WITNESS WHEREOF, the parties hereto, have each,respectively,by an authorized person or
agent, have executed this Work Order on the date and year first written below.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock,Clerk of Courts COLLIER COUNTY, FLORIDA
�. , :�
ORO Tom Henning, Chat an
Dated: w .) 7E)11-t
(SEAL)
Attest as to Chairman's;
signature only.
Douglas N. Higgins, Inc.
c--la4lAciA 4A_
t n r
First Witness � g atu e
. rnavo— rgarb 10 , V P
TType/print 'itness / -1 TType�t signature and titleT
Seco,d tness
1../(aft.
TType/print witness nameT
A. . u ved as to Fo an Legality:
Deputy County Attorney
c..0 it 62 1-I,
Print Name
Page 3 of 3
C County
1 6C 2
Administrative Service Dior,
Purchasing
REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER
CONTRACTS #14-6213
"Annual Contract for Underground Utilities & General Contractors"
Date: August 28, 2014
From: Swainson Hall, Procurement Strategist
239-252-8935, Telephone Number
239-252-6334, Fax Number
SwainsonHalk colliergov.net
To: Prospective Vendors
Subject: RFQ #14-6213-6– NCWRF Victoria Park Force Main
As provided in the referenced contract, the Collier County Purchasing Department is soliciting
quotes for the referenced project.
RFQ Due Date: 3:00 PM 9/12/14
Q&A Deadline: 5:00 PM 9/10/14
– — 220 days substantial/30 days final/250
Number of Days to Final Completion: total
Scope Provided Yes
Plans and Specs: Yes
Estimated Value $450,000.00
Liquidated Damages: $1,000.00 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
239-774-3130/23 Z..7.4.4266_.
T--110• - lumber/Fax Number
Vice President/Regional Mgr.
Title
Brandy Bartolone �1 `
Print Name Date
C: Wayne Karlovich, Project Manager
16C
COLLIER COUNTY QUOTE NO._RFQ 14-6213-6 NCWRF Victoria Park FM
QUOTATION OPENING DATE_Friday,September 12, 2014_
VICTORIA PARK FORCE MAIN
COLLIER COUNTY PUBLIC UTILITIES DIVISION
Item Estimated
No. Description Units Quantity Total
1 All Work in the easterly Right-of-Way(ROW)of Goodlette Frank
Road as shown on Contract Drawings M-3,M-4, M-8&M-10 and
required by the Contract Documents.The Work in this ROW area
shall be provided on a time and material basis using unit prices
from the County Contract Number 14-6213 with a maximum cost
not to exceed$150,000. By submission of the Quotation,the
bidder confirms he has reviewed the Work scope and Work —
requirements in the ROW area, Based upon that review and work
analysis the bidder agrees that the Work described in this Bid
Item shall have a total cost not to exceed$150,000 irrespective
of the actual time and material costs. T&M
Not to Exceed $150,000.00
2 Provide a minimum of three vacuum tanker trucks on a full time
basis at the Victoria Park wastewater pump station to keep the
station pumped out during periods when revisions are made to
the station's force main.The tanker trucks will also be used as
required to drain the existing piping being revised and to provide —
spill prevention.The costs associated with the tanker trucks will
be paid on a time and material basis using actual cost and the
unit prices from County Contract Number 14-6213. T&M
Not to Exceed $3,360.00
3 All Work described in the Contract Documents not specifically
covered by Bid Item 1 and 2. — Lump Sum $151,199
4 Allowance Fund for Owners Use as Directed. Inclusion of the
Allowance Fund as part of the Contract Price is not a guarantee
that the Contractor will be paid any portion or the full amount of
the Allowance Fund.The Allowance Fund shall be used for the
following activities.
•Relocation of buried facilities(piping,electrical,etc.). _
•Encasement of buried facilities(for protection).
•Adjustment of piping locations or additional piping due to record
drawings not matching real conditions.
•Additional piping needed for operational or testing purposes.
T&M $59,000.00
TOTAL PRICE FOR ITEMS 1,2,3 AND 4 $363,559.00
1 6C 2
Corner er Co" nty Email: SwainsonHall@colliergov.net
Telephone: (239)252-8935
Administrative Services Division FAX: (239)252-6334
.... . .. ......
Purcfl sing'
ADDENDUM #1
Memorandum
Date: September 10, 2014
From: Swainson Hall, Procurement Strategist
To: Potential Proposers
Subject: Addendum #1 — 14-6213-06 NCWRF Victoria Park Force Main
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE:
1. Contract Drawings, Sheets M-4 through M-9 and M-12
Eliminate all cleanouts, and the piping and appurtenances for the cleanouts.
If you require additional information please contact me using the above contact information.
c: Wayne Karlovich, Project Manager
1
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1 6 C 2
crAIA Document A312TM - 2010 Bond No.; 3,- BCS.W6947
P
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
of business)
Douglas N. Higgins, Inc.
3390 Travis Pointe, Suite A Hartford Accident and Indemnity Comp amY This document has important legal
Ann Arbor, MI 48108 One Hartford Plaza, 7-4 consequences.Consultation with
Hartford, CT 06155 an attorney is encouraged with
OVVNER: respect to its completion or
(Name, legal status and address) modification
Collier County Hoard of Commissioners
3301 Tamiami Trail Fast Any singular reference to
Contractor,Surety,Owner or
Naples, FL 14412
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable,
Date: ALA Document A312-2010
combines two separate bonds,a
Amount: Three Hundred Sixty-Three Thousand Five Hundred Fifty-Nine Performance Bond and a
and 00/00 ($363,559.00) Payment Bond.into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Contract #14-6213 / Underground Utility Contractors
Project Name: NCWRF Victoria Park Force Main
Project No.: 73968.46.3
BOND
Date: October '7, 2014
(Not earlier than Construction Contract Date)
Amman Three Hundred Sixty-Three Thousand Five Hundred Fifty-Nine and 00/100 (5363,559.00)
Modifications to this Bond: 0 None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Douglas N. Higgins, Inc Hartford Acident and Indemnity Company
Signature: 1 ja..1.461, Signature:
A:4
Minei,1.641: A li < Name .4ethey M. tfc,hnson%,,, •
and Title: Vjc',„? —6 6 tteil and Title: Attorney In Fact
(Any additional signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
Hylant Group
24 Frank Lloyd Wright Dr.
P.O. Box 541
Suite J4100
Ann Arbor, MI 48106
134 741-0044
NA Document A312' -2010.The American Institute of Architects. 061110
Init.
1
6C2
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 if the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any.subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of'the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract:
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 i)eny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Init. AIA Document A312*"—2010.The American Institute of Architects,
2
1 6C 2
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the
Owner to pay the Balance oldie 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.
AM Document A312"'-2010.The American Institute of Architects.
Init. 3
1 6C 2
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added ponies, 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 angina!AlA Contract Document,on which this text appears in RED.An original assures that
changes MO not be obscured,
AIA Document A312^ —2010.The American Institute of Architects.
init.
4
1
6 02
BOND NO. 35BCSGQ6947
Nft
***. IA Document A312TM - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
t:o.:alas N. HIgg:rss, 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 06.:.55 an attorney is encouraged with
OWNER: respect to its completion or
(Name, legal status and address) modification.
Collier County Board of Commissioners
3301 'Pami.ami Trail East Any singular reference to
Contractor,Surety,Owner or
Naples, Fi. 34412
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: AlA Document A312-2010
combines two separate bonds,a
Amount: Three Hundred Sixty-Three Thousand Five Hundred Fifty-Nine Performance Bond arid a
and 00/100 (S363,555.00) Payment Bond,into one form.
This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Contract #1.4-6213 / Underground Utility Contractors
Project Name: NCWRF Victoria Park Force Main
Project No., 7.39E:8.46.3
BOND
Date. 'Ocrol)C-`: 7, i,, 4
(Not earlier than Construction Contract Date)
Amount: Three Hundred Sixty-Three Thousand Five Hundred Fifty-Nine and 00/100 ($363,559.00:
Modifications to this Bond: 0 None 0 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Douglas N. Higgins, Inc:. Hartford. Accident and Indernity„Company
Signature: illar - Signature: .,t ' )144
NameName \Heather M Jrhrsciti
and Title: VI 61 11(e !i1 "' 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:
y:ar,tGroup (Architect, Engineer or other party:)
..4 Frank Lloyd Wright Dr.
P.O. Sox 541
Suite J41O0
Ann. Arbor, MI 49:06
(:34 741.-0044
snit. AIA Document A312r"—2010.The American Institute of Architects. %'00
5
1 6C 2
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,
§1 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 ofdefenses 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. ll 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
kes provided under Section 7.3,and the amount of this Bond shall he credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall 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
perfonnance 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.
AIA Document A.112""—2010.The American Institute of Architects.
Init.
6
1 6C 2
§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 he 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 C'ontract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall he 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 he 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 he 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 he 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.
AIA Document A.312"'—2010.The American Institute of Architects.
Init.
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1 6C 2
§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
CAU1IONi You should sign an original AIA Contract Document,on which this text appears in RED An original assures that
changes will not he obscured
Init AIA Document A312TM-2010.The American instttute of Architects.
Direct Inquirie CI 2
TH HA D
POWER 1. ATTORNEY
One Hartford Plaza
Hartford,Connecticut 06155
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Asenc Code: 35-350851
X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X 1 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 la„s of tire State of C'ortneeticut
Hartford Underwriters Insurance Company,a corporation4litly organized under the laws of the State of Connecticut
C. Twin City Fire Insurance Company, a corporation dung organized under the laws.ofthe State of Indiana
7 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 tinder the laws of the State of Indiana
i 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 eeliective y referred to as the"Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Heather M. Johnson, Joel E Speckrnan, Terri Mahakian, David Harfock
of
Ann Arbor, MI
their true and lawful Attorneys;-;a-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 arid 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, du'y 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
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Wesley W Cowling,Assistant Secretary M Ross Fisher.Vice President
STATE OF CONNECTICUT
. ss. Hartford
COUNTY OF HARTFORD
On this 12'''day of July, 2012, before me personally carie 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 authcrity of the Boards of Directors of said corporations and that he signed his name thereto by like
authority
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SC • hailtleen 1.A'lz.:rt4 d
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Vtv(..oillrni,..sion Expires Jul.i 1,2016
CERTIFICATE
I, the undersigned, Vice President of the Companies. DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
the Power of Attorney executed by said Companies, which is still in full force effective as of October 7, 2014
Signed and sealed at the City of Hartford.
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Gary W.Stumper,Vice President