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Backup Documents 12/13/2016 Item #16C3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office 4 at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County �F Commissionersfrt/ \Z\� ��(� 5. Minutes and Records Clerk of Court's Office 3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff10.- 1.c.,‘ � Phone Number Contact/ Department !0l1.L‘ II. Olt(30z.0 k - �.�� S3q Agenda Date Item was Agenda Item Number To $-cli Approved by the BCC 1-X--\7.3 ._ D-0.\ k(oC3 \tc C 3 Type of Document Q vr�t. 4 �t Number of Original Attached 1 >K 0.4er Pei l ct (11.S Documents Attached I PO number or account number if document is to be recorded . ..` at-77)61 D.. _10\0( t a_ 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? -S 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 1NA 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 l i,4 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 J Kik signature and initials are required. AA 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Ja-13-j(st and all changes made during Jt3(r�'or the meeting have been incorporated in the attached document. The County 411- Attorney's Office has reviewed the changes, if applicable. %."‘111.4 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 / ►'. ty Chairman's signature. l LJ lhhia liti I. Forms/County Forms/13CC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 03 MEMORANDUM Date: December 15, 2016 To: Alicia Abbott, Project Manager Collier County Public Utilities From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Work Order for Contract #14-6213 "Underground Utility Contractors" Contractor: Douglas N. Higgins, Inc. Attached for your record is one (1) copy of the document referenced above, (Item #16C3), approved by the Board of County Commissioners on December 13, 2016. The original document will be held in the Minutes & Records Department in the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you. Attachment 1 6 C MEMORANDUM Date: December 15, 2016 To: Kristofer Lopez, Procurement Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Work Order for Contract #14-6213 "Underground Utility Contractors" Contractor: Douglas N. Higgins, Inc. Attached for your record is one (1) copy of the document referenced above, (Item #16C3), approved by the Board of County Commissioners on December 13, 2016. The original document will be held in the Minutes & Records Department in the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you. Attachment 16C3 WORK ORDER/PURCHASE ORDER Contract 14-6213 "Underground Utility Contractors" Contract Expiration Date: July 7, 2018 This Work Order is for General Utility Contracting services for work known as: Project Name: RFQ#14-6213-75 SCRWTP Sludge Thickener Refurbishing Project No: 70109.1.2/ The work is specified in the proposal dated September 9, 2016, which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Request for Quotation #14-6213-75, 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 Request for Quote (RFQ 14-6213-75), and as listed on the attached quote form. • Task II Allowance Schedule of Work: Complete work within 180 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 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): ►1Negotiated Lump Sum (NLS) (Lump Sum Plus Reimbursable Costs (LS+RC) & Material (T&M) (established hourly rate— Schedule A) ❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I: $355,457.00 LS/ Task II: $ 20,000.00 T&NFA Total $ 375,457.00 LS &T&M PREPARED BY: \ ! \c, Alicia Abbott, Project Manager Date Planning Project Management Department APPROVED BY: - ///// Oscar Martinez, P.E.,PriAriel Project Manager Date Planning&Project Mana:- ent Department RFP#14-6213-75 APPROVED BY: P,c ��.o If-- l—Zo i G Randy L wis, CRWTP Manager Date APPROVED BY: Y" 1/ eve essner, Water Director I.t: APPROVED BY: m 6 Tom hmelik, P.E., Director Date Planning&Project Management Department APPROVED BY: 111111.16w - %/ 014 Jo-p ne, Uti ' ies Operations Support Director Date APPROVED BY: �,/ 1 � 1 6 a!�son Hall, Procurement Strategist ate APPROVED BY: `/3//6 George Yilmaz, Public Utilities Administrator Date By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: Douglas N. Higgins, Inc. Name (Sign&�Priint) c Title o A . ' : ' ompany Officer Date Brd"Akr 0'hu (Remainder of page intentionally left blank) Page 2 of 3 's. i L -4f:'y RFP#14-6213-75 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 - -ea,""41- 10,(Rik By L ;z Do4L0 Fiala, Chairman Dated: I °1i 1911J (SEOst as to Chairman's lanature only. Name of Firm: Douglas N. Higgins, Inc. Bye • irs ' ness Signature . VLe,A. l/ TType/prin f.ignature and titlet tType/print witness name1 46/416(it 4t- Second Witness (J tType/print witness name App 1ivets t o an Legality: <_r County Attorney S Ctlf R of-1-- Print Name Page 3 of 3 1 6 c Co ler County Administrative Services Department Procurement Services Division REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT #14-6213 "Annual Contract for Underground Utilities & General Contractors" Date: August 23, 2016 From: Kristofer Lopez, Procurement Strategist 239-252-8944, Telephone Number 239-252-6597, Fax Number kristoferlopez a(7colliergov.net To: Potential Quoters Subject: RFQ 14-6213-75 SCRWTP Sludge Thickener Refurbishing As provided in the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project. RFQ Due Date: Wednesday, September 7, 2016 at 3:00 PM August 29, 2016 2:00 PM Pre-Quote Meeting: 3851 City Gate Drive, Naples, FL 34117 Q&A Deadline: Monday, September 5,2016 at 5:00 PM Number of Days to Final Completion: 150 days to substantial+30 days final= 180 days total Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $900 per day Payment& Performance Bonds If over$200,000.00 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 Telephone Number/Fax Number —. Vice President Title Brandy Bartolone 7/, �i G Print Name Date C: Alicia Abbott/Project Manager 1 RFQ 14-6213-75 1 6 C colter ed....iv.ty Email: kristoferlopez@colliergov.net Telephone: (239)252-8944 Administrative Services Division FAX (239)252-2810 Purchasing ADDENDUM #1 Memorandum Date: August 31, 2016 From: Kristofer Lopez, Procurement Strategist To: Potential Proposers Subject: Addendum#1 —RFQ 14-6213-75 SCRWTP Sludge Thickener Refurbishing The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: Change 1: Current Q/A Due Date-Monday, September 5, 2016 5:00 PM Updated Q/A Due Date -Tuesday, September 6, 2016 5:00 PM Change 2: Current RFQ Due Date-Wednesday, September 7, 2016 3:00 PM Updated RFQ Due Date— Friday, September 9, 2016 3:00 PM c: Alicia Abbott, Project Manager 1 SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 1 6 C :3 SLUDGE THICKENER REFURBISHING 10/3/2016 Quote Tabulation ITEM C ITEM DESCRIPTION UNITS QUANTITY PRICE NO. Per-Unit Extended Mobilize on site, clean tank, remove support bridge, demolition and removal of 1 existing equipment to be replaced, order LS 1 $32,654.00 $32,654.00 new long lead equipment items, transport equipment to be refurbished to Vendor Vendor replacement and refurbished 2 Thickener equipment in accordance with LS 1 $200,294.00 $200,294.00 Specification Section 055000, including Vendor supplied control panel Repair access bridge, repaint, 3 reassemble grate decking and railing LS 1 $64,321.00 $64,321.00 system, install new fabricated equipment and refurbished equipment Furnish and install new wiring conduit and 4 electrical equipment, including new area LS 1 $27,310.00 $27,310.00 light fixtures 5 Furnish and Install New Lightning LS 1 $26,628.00 $26,628.00 Protection System 6 Clean-up, start-up and testing, LS 1 $4,250.00 $4,250.00 manufacturer certification, demobilization SUBTOTAL= $355,457.00 Allowance for Owner directed work of 7 T&M $20,000.00 Items 1-6 TOTAL QUOTE = $ 375,457.00 BOND NO. 35BCSHN95871 oc3A I A® 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 This document has important legal Ann Arbor, MI 48108 One Hartford Plaza, T-4 consequences.Consultation with OWNER: Hartford, CT 06155 an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. Board of County Commissioners Collier County, FL Any singular reference to 3301 Tamiami Trail East Contractor,Surety,Owner or Naples, FL 34412 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: Three Hundred Seventy-Five Thousand Four Hundred Fifty- Performance Bond and a Payment Bond,into one form. Seven and 00/100 ($375,457.00) This is not a single combined Description: Performance and Payment Bond. (Name and location) Contract 14-6213-75 "Underground Utility Contractors" Project Name: RFQ #14-6213-75 SCRWTP Sludge Thickener Refurbishing Project No.: 70109.1.2 BOND Date: November 7, 2016 (Not earlier than Construction Contract Date) Amount: Three Hundred Seventy-Five Thousand Four Hundred Fifty- Seven and 00/100 ($375,457.00) Modifications to this Bond: ID None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford Ac- '.-nt and Indemnity '.m.any Signature: ��.I 4 •4/ ��' �.. Signature: "7.� 'i ALA ,i _�' )� Name , • I ' r Name Heather M. ohnson` and Title: V� ' � iA i fJ j/)j and Title: Attorney in Fact (Any additions s,: 'tu es appear on t e last page of this Payment Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Hylant Group (Architect, Engineer or other party:) 24 Frank Lloyd Wright Dr. P.O. Box 541 Suite J4100 Ann Arbor, MI 48106 (734) 741-0044 Init AIA Document A312"—2010.The American Institute d Architects. wino 5 t 1 6 c 3 §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. §1.3 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. (nit. AIA Document A312' —2010.The American Institute of Architects. 6 c3 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. (nit AIA Document A312' —2010.The American Institute of Architects. 7 3 � f „ic1 w J §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 Sea!) 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. (nit AIA Document A312' —2010.The American Institute of Architects. 8 Direct Inquiries/Claim to• THE HARTFOR6 C .r/ POWER OF ATTORNEYBOND,T-12 One Hartford Plaza Hartford,Connecticut 06155 Bond.Claimsethehartford.com call:888-266-3488 or fax:860-757-5835 Agency Name: HYLANT GROUP INC/ANN ARBOR 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 : Susan Hurd of Dublin OH, Vicki S. Duncan of Toledo OH, Heather M. Johnson, Terri Mahakian, Monica Mills, Kristie A. Pudvan, Joel E. Speckman of ANN ARBOR, Michigan 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 May 6, 2015 the Companies have caused these presents to be signed by its Senior 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. Tr taw �ew4y .s; ...0�C�t-, aF'�t l�.'�r N "4.- ,-/—:',1_,t �+ .ti :`:: 0 1 1 1. tial-.^ • ♦41r '91 = ifli ♦ .t x fm.s s-.� +,.\,r.nnloy • .NIM. t,';t j5' • i. l97% .• 191 9 /Xt., 0 i John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, 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 Senior 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. it //:-',i. //':' .,,','l',,,, / - • ousuc i Nora M.Stranko Notary Public CERTIFICATE My Commission Expires March 31,2018 I, the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of November 7, 2016 Signed and sealed at the City of Hartford. `,l. ) sw..neuti, a OS' L ,C3/;.. tut.Nt: a7 ' @ . tnev g �, • : a • 1.it'• • v� ,.1. 1 • ,..s; • ,.n.,nl.` • �•N•*► E t,, la7oJe 1 f97.6. ) ; 7979 • RIs'`'; `�e..J JIB...t.s' 1 • '�`�4,''tl,.at5• �y.,U•' M • tires f._ tic..,, (0,c___.______ Kevin Heckman,Assistant Vice President i,nx;ie 1 6 c BOND NO. 35BCSHN9587 - = 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 attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Board of County Commissioners Collier County, FL 3301 Tamiami Trail East Any singular reference to Contractor,Surety,Owner or Naples, FL 34412 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: Three Hundred Seventy-Five Thousand Four Hundred Fifty- Performance Bond and a Seven and 00/100 ($375,457.00) Payment Bond,into one form. Description: This is not a single combined (Name and location) Performance and Payment Bond. Contract 14-6213-75 "Underground Utility Contractors" Project Name: RFQ #14-6213-75 SCRWTP Sludge Thickener Refurbishing Project No.: 70109.1.2 BOND Date: November 7, 2016 (Not earlier than Construction Contract Date) Amount: Three Hundred Seventy-Five Thousand Four Hundred Fifty- Seven and 00/100 ($375,457.00) Modifications to this Bond: k4 None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford A. .-nt and Indemnity Company Signature: SIA , • ignature: ( � /. Mao II ••41 i Name /�� Name -ether M. Johnson and Title: it I y and Title: Attorney in Fact (Any addition srgnatur s appear�'n 1h�last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Hylant Group 24 Frank Lloyd Wright Dr. P.O. Box 541 Suite J4100 Ann Arbor, MI 48106 (734) 741-0044 Inst AIA Document A312' -2010.The American Institute of Architects, owns I §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312"'—2010.The American Institute of Architects. 2 414 §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. knit AIA Document A312*"—2010.The American Institute of Architects. 3 t., §16 Modifications to this bond are as follows: } i (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. Inst. AIA Document A312' —2010.The American Institute otArchitects. 4