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Backup Documents 05/22/2018 Item #16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C z TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office 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 Commissioners PSI 45.- 51--15?.- 5. Minutes and Records Clerk of Court's Office 5/2-61 f "FA 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 Staff u c t Phone Number 2361 ._C - Z.90 Contact/ Department Agenda Date Item was ` Z Agenda Item Number / Approved by the BCC ( z ` �'0+ 1 v C Type of Document hoc, , ijc der � ti 1 Number of Original G°'? Y: Attached ors Go f7 Documents Attached PO number or account number if document is 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? 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 ITO 7 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's — i•VfIIPS 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 document or the final negotiated contract date whichever is applicable. 3 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. - 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. f v Some documents are time sensitive and require forwarding to Tallahassee within a certain l time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5.-q2'amid all changes made 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 E� BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16C 2 WORK ORDER/PURCHASE ORDER C Contract 14-6213"Annual Contract for Underground Utilities and General Contractors" Contract Expiration Date: July 7, 2018 / This Work Order is for professional water appurtenances construction services for work known as: Project Name: Bay Colony Appurtenances Project No: 70174.6.1, The work is specified in the proposal from Douglas N. Higgins dated February 20, 2018 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 Scope of Work: As detailed in the attached proposal and the following: * Task I Water Appurtenances/ * Task II Allowance / Schedule of Work: Complete work within 150 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): ZIstregotiated 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 $353,800.00 NLS Task II $ 80,000.00 / TOTAL FEE $433,800.001 PREPARED BY: '6' March 21, 2018 Diana C. Dueri PMP, Project Manager Date \\'1 Page 1 of 3 16C2 APPROVED BY: (� /gaz- 3/ /(-6 Oscar P. Martinez, Princ. roject Manager Date APPROVED BY: .114J (f)-11L 3'7-64 S- To Chmelik, EPMD Director Date APPROVED BY: ' Pamela Libby, Water ► ibution Manager Date APPROVED BY: i __ 3/a ( ft E- Oscar P. M. -z, Pri lel a1 Project Manager Date APPROVED BSC` IP V -51/441/A Beth ohnsse , In Ground Services Director Date APPROVED BY: —` . • /-X he Joe le en:, Operations Support Director Date i/ /f APPROVED BY: 4iI,' ply fire S re all, Pr.curement Manager Date APPROVED BY: :-- _ 11 0 d George Yilmaz, Public Utilities Department Head 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 A II 0 ti 0 iffolA i Tip.,0 0 0,1 0.,.....,....-, 3/die id e & e of Authorized Officer Date .1 cita e I Co be ((o era 61t9 R• oW \`t4 / 41t Page 2 of 3 16C2 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 C. TY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER d - , FLO' : •' 7, AVP By: A�`1 By:A, ndy Solis, Chair Dated: 111,1 , 2' : ®`i i L Attest as IASai t,s •.....:„,‘Ps-* Name of Firm Douglas N Higgins, Inc. signature only. "i"v Jtt4'}la 414 BY: % `• First Witness i• all!' 1 Q ma rA_- 1.-414,u('aTType/print signature and titleT TType/print witness na4 M i dila vil Le be 110/ el i OWL tf 9 R . / « � 7 econd Witness (4 .4,--ceC CGS 20Jc S TType/print witness nameT App .v•d as to o . d egality: ••••=w 4 hie • _.•- ounty Attorney 7e16 4 ti iR---4-A---- Print Name r< ctV \k, 0 Page 3 of 3 16C2 GENERAL CONTRACTORS CORPORATE OFFICE REGIONAL OFFICE 3390 TRAVIS POINTE ROAD 4465 ENTERPRISE AVENUE SUITE A NAPLES,FL (y)\ ANN ARBOR,MI 46109 (239)774-3130 Carom the �ro(cnCG1 .2)own (734)996.9500 FAX (239)774-4266 FAX(734)996 9490 April 27, 2018 Ms. Diana Dueri Collier County Public Utilities 3339 Tamiami Trail E., Ste. 303 Naples, FL 34112 Re: Bay Colony Appurtenances RFQ# 14-6213-117 Dear Ms. Dueri: Enclosed please find our payment and performance bond along with the certificate of insurance for the Bay Colony Appurtenances project. If you need anything else, please let me know. Sincerely, ja114/611.- *hAfr Tammy Lud3kig Office Manager TammyL@dnhiggins.com Enc. 16C2 Bond# 35BCSHN9605 ! 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 One Hartford Plaza This document has important legal Ann Arbor,MI 48108 consequences.Consultation with Hartford,CT 06155-0001 an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Collier County Administrative Services Department,Procurement Services Division Any singular reference to 3299 Tamiami Trail East Naples,FL 34112 Contractor,Surety,Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date:3/21/2018 combines two separate bonds,a Amount:Four Hundred Thirty-Three Thousand Eight Hundred and 00/100Dollars($433,800.00) Performance Bond and a Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Collier County RFQ 14-6213-117 Bay Colony Appurtenances BOND Date: 4/24/2018 (Not earlier than Construction Contract Date) Four Hundred Thirty-Three Thousand Eight Hundred and 00/100Dollars($433,800.00) Amount: Modifications to this Bond: 9 None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N.Higgins,Inc.. ` Hartford Acc nt and Indemnity Company Signature: 62,10. LL i L Signatu e: (AG— V V� - �, (ILA-- Name � Name k ►�,1Ktz Name • M.Wilmot n and Title: �, t u 'eke s ;-tic o r and Title: Attorney-in-Fact Y (Any additional signatures appear on the last page of this Performance Bond.) Countersignature (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or otherparty:)Wilham Nolan,FL Resident Agent#E162354 Hylant Group,Inc. 24 Frank Lloyd Wright Dr.,Ste J4100 Ann Arbor,MI 48105 (734)662-1154 AIA Document A312TM-2010.The American Institute of Architects. 061110 Init. 16C2 §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. • AIA Document A312T"—2010.The American Institute of Architects. Init. 2 C 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 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. AIA Document A312T"—2010.The American Institute of Architects. Init. 3 16C2 §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. AIA Document A312'"—2010.The American Institute of Architects. Init. 4 1ØUi: Bond# 35BCSHN9605 !'AIA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place ess) Douglas N.Higgins,Inc. of bus Hartfordo Accident and Indemnity Company 3390 Travis Pointe,Suite A One Hartford Plaza This document has important legal Ann Arbor,MI 48108 Hartford,CT 06155-0001 consequences.Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Collier County Administrative Services Department,Procurement Services Division Any singular reference to 3299 Tamiami Trail East Contractor,Surety,Owner or Naples,FL 34112 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-2010 Date: 3/21/2018 combines two separate bonds,a Performance Bond and a Amount: Four Hundred Thirty-Three Thousand Eight Hundred and 00/100Dollars($433,800.00) Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) Collier County RFQ 14-6213-117 Bay Colony Appurtenances BOND Date: 4/24/2018 (Not earlier than Construction Contract Date) Amount: Four Hundred Thirty-Three Thousand Eight Hundred and 00/100Dollars($433,800.00) Modifications to this Bond: 10 None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N.Higgins,Inc. Hartford Accid: t •• Indemnity Company Signature: qte � Signature tc Name ftt� Name ,Wilmot and Title: \1(,( '�1't (c�e��i and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) Countersignature (FOR INFORMATION ONLY—Name, address and telephone) W1/49124 � AGENT or BROKER: OWNER'S REPRESENTATIVE: William Nolan,FL Resident Agent#E162354 (Architect, Engineer or other party:) Hylant Group,Inc. 24 Frank Lloyd Wright Dr.,Ste J4100 Ann Arbor,MI 48105 (734)662-1154 AIA Document A312T"-2010.The American Institute of Architects. 061110 Init. 5 16c2 §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. AIA Document A312'"—2010.The American Institute of Architects. Init. 6 ioca §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. AIA Document A312T"—2010.The American Institute of Architects. Init. 7 16C2 §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 AIA Document A312''-2010.The American Institute of Architects. Init. 8 16c2 Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEYBOND,T-12 One Hartford Plaza Hartford,Connecticut 06155 Bond.Claims(dthehartford.com call:888-266-3488 or fax:860-757-5835 Agency Name: HYLANT GROUP INC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-211417 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 E. Hurd of Dublin OH, Vicki S. Duncan of Toledo OH, Rachel L. Dobbs, Chalene Haddon, Monica M. Mills, Deborah H. Neff, William V. Nolan III, Kristie A. Pudvan, Cathy Queen, Lisa M. Wilmot of LAKE MARY, Florida 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. çt 411.1"414 ell p7Y •� ' 7949 /j14' Y3(/' ir.4--------72 -----;' 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. may.51. ♦ ANA • 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 l `Y'" i k 04(t ,,p t i- . Signed and sealed at the City of Hartford. +�rrt �UfiJ•Yri (0..., `2.,�lltls.4' K� N.� ,4licp'V'�'s,.`aea..lur�R a �QIa r _ `"'y.�s.. v0y'oi • ,c.$' , iss7 ► • • 777777 ,Ot • ,_ '.,111 '''s4.,1nv,; • haat► 7.% 1079 - •^ 1079 °� 7949 • * ' .; .:�% �^M•tN ♦iA':.-t':at • huwri ba• 1._,•Ao ' Kevin Heckman,Assistant Vice President P0,5 21116 16C2 A ___----, . D DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE E(MMID 18 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER NAME: Hylant Group Inc-Ann Arbor PHONE FAX 734-741-1850 24 Frank Lloyd Wright Dr J4100 �A/C.No.Extt: 734-741-0044 E-MAIL 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.339INSURER C:Valley Forge Insurance Co 20508 Ann ArborTravMIP4810 Suite A 22322 Ann 48108 INSURER D:Greenwich Insurance Company INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1129129413 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 SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY U1061922047 4/1/2018 4/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $500,000 X Incl XCU MED EXP(Any one person) $15,000 X Incl contractual PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X TNT LOC P - PRODUCTS-COMP/OP AGG $2,000, 000 OTHER: COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY U1061922033 4/1/2018 4/1/2019 $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR U1061922050 4/1/2018 4/1/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$0 $ C WORKERS COMPENSATION WC434990543 4/1/2018 4/1/2019 X PER STATUTE EERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional/ PEC0025095 4/1/2018 4/1/2019 2,000,000 Each Claim 4,000,000 Aggregate Pollution DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Job-Bay Colony Appurtenances,Project No: 70174.6.1 Additional Insured for General Liability,primary and non-contributory,as required by written contract-Board of County Commissioners,Collier County. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3299 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34412 it„,3 t 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 16c2 Cofer 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: February 7, 2018 From: Swainson Hall, Procurement Manager-Acquisitions 239-252-8935, Telephone Number 239-252-6334, Fax Number swainsonhallna colliergov.net To: Potential Quoters Subject: RFQ 14-6213-117 Bay Colony Appurtenances As provided in the referenced contract, the Collier County Procurement Services Division is soliciting quotes for the referenced project. RFQ Due Date: Friday, February 16, 2018 at 3:00 PM Monday, February 12, 2018 at 2:00pm 886 110th Avenue North —Suite#3 Pre-Quote Meeting: _ Naples, FL 34108 Q&A Deadline: Tuesday, February 13, 2018 at 5:00 PM Number of Days to Final Completion: 120 days to substantial +30 days final = 150 days total ----. - --- Scope Provided Yes Plans and Specs: Yes Liquidated Damages: — $958.00 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- 30/239-774-4266 Telepholr '' r--/ • (-4‘1u er Signature '., Regional Manager i Title b Michael Lobello ,;,1120/) Print Name Dat C: Diana Dueri / Project Manager 1 RFQ 14-6213-117 loG 2 Colter County Email: swainson.hall@colliercounty.gov Telephone: (239) 252-8935 Administrative Services Division Purchasing ADDENDUM #1 Memorandum Date: February 13, 2018 From: Swainson Hall, Procurement Strategist To: Potential Proposers Subject: Addendum#1 —RFQ 14-6213-117 Bay Colony Appurtenances The following clarifications are issued as an addendum identifying the following clarification to the scope of work for the referenced solicitation: 1. Change: !-- - e e - -- -: -- • z, e = . :ee • Quotes will now open Tuesday, February 20, 2018 at 3:00PM If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Diana Dueri, Project Manager A.)7 16c2 Cltey, Comity t Email: swainson.hall@colliercounty.gov Telephone: (239)252-8935 Administrative Services Division Purchasing ADDENDUM #2 Memorandum Date: February 14, 2018 From: Swainson Hall, Procurement Strategist To: Potential Proposers Subject: Addendum #2— RFQ 14-6213-117 Bay Colony Appurtenances The following clarifications are issued as an addendum identifying the following clarification to the scope of work for the referenced solicitation: 1. Change: e.- 9.- - - -- -- ' - . ;" Questions will now be due Thursday, February 15, 2018 at 5:00PM 2. Updated Bid Schedule (See Attached) 3. Preconstruction Pictures Format (See Attached) 4. Clarifications and Updated M&P (See Attached) If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Diana Dueri, Project Manager 1 D' IÔCZ COLLIER COUNTY PUBLIC UTILITIES BAY COLONY APPURTENANCES PROJECT BID SCHEDULE SECTION 1: GENERAL EST. EXTENDED ITEM DESCRIPTION QUANT. UNIT UNIT PRICE PRICE N0. 1 LS $ 44,000.00 $ 44,000.00 1 MobilizationlDemobilization 1 LS $ 10,000.00 $ 10,000.00 2 Maintenance of Traffic 3 Survey&Record Drawings 1 LS $ 5,000.00 $ 5,000.00 SECTION 1 SUBTOTAL: $ 59,000.00 SECTION 2 (A): TRIESTE WATER SYSTEM EST. EXTENDED UNIT UNIT PRICE ITEM# DESCRIPTION QUANT. PRICE 4 Replace 6"Backflow&4"Bypass Assembly with 6"Backflow and 6"Bypass Assembly 1 EA $ 10,000.00 $ 10,000.00 From 45°to 45°(Labor Only) $ 1,300.00 $ 1,300.00 5 Replace 6"x1-112"Compound Service Meter(Labor Only) 1 EA1 LS $ 3,500.00 $ 3,500.00 6 Restoration of Trieste SECTION 2(A)SUBTOTAL: $ 14,800.00 SECTION 2(B): RITZ WATER SYSTEM EST. EXTENDED UNIT UNIT PRICE ITEM# DESCRIPTION QUANT. PRICE EA $ 10,000.00 $ 10,000.00 7 Replace 4"Bypass Assembly From 90°to 90°(Labor Only) 1EA $ 700.00 $ 1,000.00 8 Install 4"OS&Y Valves on 4"Bypass(Labor Only) 2EA $ 3,500.00 $ 3,500.00 9 Restoration of Ritz SECTION 2(B)SUBTOTAL: $ 14,900.00 SECTION 2 (C):TOSCANA AND SALERNO WATER SYSTEM EST. UNIT UNIT PRICE EXTENDED ITEM# DESCRIPTION QUANT. PRICE 10 Replace 4"Backflow&3"Bypass Assembly with 4"Backflow and 4"Bypass Assembly 2 EA $ 8,500.00 $ 17,000.00 From 45°to 45°(Labor Only) 1 LS $ 3,500.00 $ 3,500.00 11 Restoration of Toscana and Salerno SECTION 2(C)SUBTOTAL: $ 20,500.00 EST. EXTENDED ITEM# DESCRIPTIONQUANT. UNIT UNIT PRICE PRICE 2 EA $ 15,000.00 $ 30,000.00 12 Install 8"Double Line Stop with Bypass Assembly EA $ 1,300.00 $ 2,600.00 EA $ 13 Install 8"Gate Valve(Labor Only) 2 22 14 Replace 3"Backflow&3"Bypass Assembly From 90°to 90°(Labor Only) 11 EA $ 7,000.00 $1,300.00 $ 7,600.00 ,000.00 15 Replace 3"x314"Compound Service Meter(Labor Only) 1 EALS $ 5,000.00 $ 5,300.00 16 Restoration of Windsor SECTION 2(D)SUBTOTAL: $ 45,900.00 SECTION 2(E): BILTMORE WATER SYSTEM EST. EXTENDED ITEM# DESCRIPTION QUANT, UNIT UNIT PRICE TRICE 1 EA $ 14,000.00 $ 14,000.00 17 Install 8"Double Line Stop with Bypass Assembly 1 EA $ 13,000.00 $ 14,000.00 18 Install 6"Double Line Stop with Bypass Assembly 1 EA $ 1,300.00 $ 1,300.00 19 Install 8"Gate Valve(Labor Only) 1 EA $ 1,200.00 $ 1,300.00 20 Install 6"Gate Valve(Labor Only) 1 EA $ 13,000.00 $ 13,200.00 21 Install 8"Insertion Valve ,000.00 $ 8,000.00 1 EA $ 1,300.00 $ 1,000.00 8 8 22 Replace 3"Backflow&3"Bypass Assembly From 90°to 90°(Labor Only) 1 EA $ 23 Replace 3"x314"Compound Service Meter(Labor Only) 1 LSA $ 5,000.00 $ 5,000.00 24 Restoration of Biltmore SECTION 2(E)SUBTOTAL: $ 56,800.00 2122 Johnson Street*Post Office Box 1550*Fort Myers,Florida 339024550 (239)334-0046*Fax(239)334-3661 JEI Project#20149700-148 Addendum#1 www.johnsonengineering.com Page 1 of 2 2/20!2018 16C2 COLLIER COUNTY PUBLIC UTILITIES BAY COLONY APPURTENANCES PROJECT ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST SECTION 2(F): BRIGHTON WATER SYSTEM ITEM# DESCRIPTION EST' UNIT UNIT PRICE EXTENDED QUANT. PRICE 25 Install 6"Double Line Stop with Bypass Assembly 1 EA $ 13,000.00 $ 13,000.00 26 Install 6"Gate Valve(Labor Only) 1 EA $ 1,200.00 $ 1,200.00 27 Install 8"Insertion Valve 1 EA $ 13,000.00 $ 13,000.00 28 Restoration Brighton 1 LS $ 3,500.00 $ 3,500.00 SECTION 2(F)SUBTOTAL: $ 30,700.00 'SECTION 2(G): CARLYSLE WATER SYSTEM ITEM# DESCRIPTION EST. UNIT UNIT PRICE EXTENDED QUANT. PRICE 29 Install 8"Double Line Stop with Bypass Assembly 2 EA $ 14,000.00 $ 28,000.00 30 Install 8"Gate Valve(Labor Only) 2 EA $ 1,300.00 $ 2,600.00 31 Install 8"Insertion Valve 1 EA $ 13,000.00 $ 13,000.00 32 Restoration of Carlysle 1 LS $ 3,500.00 $ 3,500.00 SECTION 2(G)SUBTOTAL: $ 47,100.00 SECTION 2(H): MARQUESA WATER SYSTEM IMPROVEMENTS ITEM# DESCRIPTION EST. UNIT UNIT PRICE EXTENDED QUANT. PRICE 33 Replace 3"Backflow&3"Bypass Assembly From 45`to 45°(Labor Only) 1 EA $ 8,000.00 $ 8,000.00 34 Restoration of Marquesa 1 LS $ 3,400.00 $ 3,400.00 SECTION 2(H)SUBTOTAL: $ 11,400.00 SECTION 2(I):CONTESSA WATER SYSTEM ITEM# DESCRIPTION EST. UNIT UNIT PRICE EXTENDED QUANT. PRICE 35 Install 4"Double Line Stop with Bypass Assembly 1 EA $ 12,000.00 $ 12,000.00 36 Install 4"Gate Valve(Labor Only) 1 EA $ 1,200.00 $ 1,200.00 37 Install 8"Insertion Valve 1 EA $ 13,000.00 $ 13,000.00 38 Restoration of Contessa 1 LS $ 4,000.00 $ 4,000.00 SECTION 2(I)SUBTOTAL: $ 30,200.00 SECTION 2(J): SECTION OF BAY COLONY DRIVE WATER SYSTEM ITEM# DESCRIPTION EST. UNIT UNIT PRICE EXTENDED QUANT. PRICE 39 Install Fire Hydrant Assembly(Labor Only) 1 EA $ 5,000.00 $ 5,000.00 40 Install 6"Double Line Stop with Bypass Assembly 1 EA $ 13,000.00 $ 13,000.00 41 Install 6"Gate Valve(Labor Only) 1 EA $ 1,200.00 $ 1,200.00 42 Restoration of Section of Bay Colony Drive 1 LS $ 3,300.00 $ 3,300.00 SECTION 2(J)SUBTOTAL: $ 22,500.00 SECTION 2(K): BAY COLONY WATER SYSTEM (ALL AREAS) EST. UNIT UNIT PRICE EXTENDED ITEM# DESCRIPTION QUANT. PRICE 43 Allowance(For All Areas) 1 $ 80,000.00 $ 80,000.00 SECTION 2(K)SUBTOTAL: $ 80,000.00 SUMMARY SECTION 1 GENERAL: $ 59,000.00 SECTION 2(A-K): $ 374,800.00 TOTAL: $ 433,800.00 2/20/2018