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Backup Documents 09/13-14/2011 Item #16C 81� MEMORANDUM Date: September 30, 2011 To: Nicole Parker, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Work Order to Contract #08 -5011 Contractor: Douglas N. Higgins, Inc. Attached is a copy of the document referenced above, (Item #16C8) approved by the Board of County Commissioners Tuesday, September 13, 2011. The original will be held on file in the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252 -8411. Thank you. Attachment . orb � h ITEM NO.: I\ V� FILE NO.: ROUTED TO: Date: To: From: Re: September 26, 2011 Scott Teach Deputy County Attorney Nicole Parker Procurement Strategist Purchasing Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -4270 FAX: (239) 252 -6549 Email: nicoleparker @colliergov.net www.colliergov.net DATE RECEIVED: Ems:] Dv-�.GL DO NOT WRITE ABOVE THIS LINE Request for Legal Services Zf" ZS Z 08- 5011 -53 - Underground Utility Work Order Approval Contractor: Douglas N. Higgins, Inc. BACKGROUND OF REQUEST: This item has been previously submit ras S #11- PRC -0V1 ). This item was approved by BCC on 9/1 16C8. The work order has been revis quired. ACTION REQUESTED: Please review and approve this work order on the line provided for legal sufficiency. According to the Underground Utility Contract, any work order that goes over $200k requires BCC approval. If you would like me to email you a copy of the contract please let me know. Thanks. OTHER COMMENTS: Please forward to BCC for final signature and then back to Nicole Parker in Purchasing. If there are any questions concerning the document, please contact me at the telephone number or email address above. I would appreciate notification when the documents exit your office. Thank You. ti G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewofl nsurance4 /15/2010/16/09 WORK ORDER 16 Contract # 08 -5011 Underground Utility Contracting Services Dated: August 23, 2011 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Sub - Master PS312.41 Refurbishment -70046 The purpose of the work order is to provide underground utility services related to mechanical and electrical upgrade for the PS.312.41. In accordance with Terms and Conditions of the Agreement referenced above this Work Order is assigned to Douglas N. Higgins Inc. Scope of Work: Replacement of pumps, piping and new generator is required, and the Contractor will be responsible for bypass pumping as described in the specifications and drawings. The Contractor is responsible for all required bypassing and shall provide power to pump station throughout construction. Task I — Generals: (Pre and post construction videos, and record drawings) ................ ............................... Task II - Demolition, Relocation and Temporary Facilities Task III — Mechanical ................. ............................... Task IV — Civil ......................... ............................... Task V — Electrical .................... ............................... Task Vi - Site Restoration ........... ............................... Task VII — Mobilization / Demobilization .......................... $ 2,420.00 ....... $ 23,635.00 ...... $141,855.00 ...... $ 18,930.00 $107,550.00 ....... $ 3,200.00 ......... $ 1,210.00 Total Task I, II, III, IV, V, VI and VII ....... ............................... $298,800.00 Lump Sum Task VIII - Owner Directed Allowance for Geological or Corrosion Unforeseen Conditions ...... ............................... $ 44,820.00 Time and Materials Total Task 1, 11, 1//, IV, V, VI, VII and Vlll ...............$343,620.00 Liquidated Damages: Per RFQ letter from Collier County and per contract 08 -5011. Schedule of Work: The scope of work defined herein will commence upon notice to proceed, and are estimated to be completed within 240 days after all materials are received. Compensation: The County will compensate Douglas N. Higgins $343,620.00 as noted above, and as provide n the attached hereto 0 PREPARED BY: Zamira Del Toro, Project Manager Planning and Project Management Department APPROVED BY: Craig P , P. E., rincipal Project Manager Planni d Project Management Department APPROVED BY: T m Chmelik, P.E., Director anning and Project Management Department Inc., an amount not to exceed Date 01z:4111 Date Y Z rDI D to APPROVED BY: X40111" _2r ( ( Steve Nagy, Collections Manager - WW Department Date APPROVED BY: nk I no, Power Sys em Manager -WW Department Date APPROVW��V- L B th Johnssen, W stewater Operat(ans Manager Daie APPROVED BY: F P Steve Messner, Wastewater Department Director ate REVIEWED BY: 2 U ( �e2'444�9 2,6 / 1 Nicole Parker, Purchasing Contract Specialist Date APPROVED BY: George Yilmaz, PhD, Public Utilities Administrator Date r ACCEPTED BY: DOUGLAS N. H I G G I N S INC. ------------------------- _--------- _ ------ ______ Signature of Authorized Company Officer Type or Print Name and Title Witnesses (2) r !Print Na }, 451904COunty Attorney_ —� Ass,s -/- (2) u Signature (Print Name) 16C$ BOARD OF COUN'T'Y COI4i14iISSIONERS Collier County, Florida By: L J Fred W. Coyle - Cha an 1'em # Agenda G! 3 / Date Date -3O R epu Clerk AI.A Document A312 TM -2010 Performance Bond CONTRACTOR: (Name, legal status and address) Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor, MI 48108 OWNER: (Name, legal status and address) Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34412 CONSTRUCTION CONTRACT Date: SURETY: (Name, legal status and principal place of business) jrrji�I: Bond No. 35BCSEP0668 Hartford Accident and Indemnity Company This document has important legal One Hartford Plaza, T -4 consequences. Consultation with Hartford, CT 06155 an attorney is encouraged with respect to its completion or modification. Amount: Three Hundred Forty -Three Thousand Six Hundred Twenty and 00 /100 ($343,620.00) Description: (Name and location) Contract #08 -5011 Underground Utility Contracting Services Sub - Master PS312.41 Refurbishment - 70046 BOND Date: August 25, 2011 (Not earlier than Construction Contract Date) Amount: Three Hundred Forty -Three Thousand Six Hundred Twenty and 00 /100 ($343,620.00) Modifications to this Bond: ❑ None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. Hartford ident and Inclemnity Company Signatu Signature: 144me - / , /'l. , t �' �rsi ' Name Heather M. Jo s n tt_ and Title: Attorney in Fact (AnyLadditional signatures appear on the last page of this Performance Bond) (FOP INFORMATION ONLY— Name, address and telephone) (A}CENT 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 Init. AIA Document A312TM - 2010. The American Institute or Architects. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. 06111D 1 16 C8 § 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 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 (l 0) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 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. ZU,a i ne Pmencan msutute otarchitects. 2 16C8 § 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 famished, 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 terns of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. ~"" ulll""`"'" A.-- zuiu .1neAmencan institute ofArchRects. 3 § 16 Modifications to this bond are as follows: Section 8 is hereby deleted in its entirety and replaced with the following: If the Surety elects to act under Section 5.1, 5.2, 5.3 or 5.4, the Surety's liability is limited to the amount of this bond. _ . (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CQNT;RACTOR AS PRINCIPAL SURETY tom,, .. , .. • Company: I a , , 4,T&. (Corporate Seal) Company: (Corporate Seal) Siguative: Signature: r Name and T1 P1 / Name and Title: Address? 0110 'I jp$ il/1 Address �� t'�al ) (� GAUT,1.ON: ou "s' I d si �n Agin Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A312*M - 2010. The American Institute of Architects. 4 #,vAIA Document A312 TM -2010 Payment Bond CONTRACTOR: (Name, legal status and address) Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor, MI 48108 OWNER: (Name, legal status and address) Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34412 CONSTRUCTION CONTRACT Date: C 8 BOND NO. 35BCSEP0668 SURETY: (Name, legal status and principal place of business) Hartford Accident and Indemnity Company This document has important legal One Hartford Plaza, T -4 Hartford, CT 06155 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Amount: Three Hundred Forty -Three Thousand and 00 /100 ($343,620.00) Description: (Name and location) Contract #08 -5011 Underground Utility Contracting Services Sub - Master PS312.41 Refurbishment - 70046 BOND Date: August 25, 2011 (Not earlier than Construction Contract Date) Amount: Three Hundred Forty -Three Thousand Six Hundred Twenty and 00 /100 ($343,620.00) Modifications to this Bond: 13 None ❑ See Section 18 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N. Higgins, Inc. i Hartford Accident and Inde ity Company `\ F�. SignattiI 9AA Signature: r i Najea r Name Bather M. John n J an� t` e I (,� �/ r e and Tlt1e: Attorney in Fact -(A)1y additlonalsignatures appear on the last page of this Payment Bond) f (FOR X' i&RMATION ONLY — Name, address and telephone) �0 G��fG,,ot_BROKER: OWNER'S REPRESENTATIVE: ")- xylant 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 of Architects. 061110 5 16 G8 § 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 it 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 A312TM — 2010. The American Institute of Architects. § 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 firnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312TM — 2010. The American Institute of Architects. 7 16C8 § 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.) CQNTRACTOR AS PRINCIP SURETY .Coiripany: T 1 i l�� or porate Seal) Company: (Corporate Seal) Signature: r Signature: Name and Title: 1 lQ t 1 L'C Name and Title: Address,Dy "iVjLj%�¢ �(},?L�rt Address r7 f t..GAUT(Ot�: Y0�S ul sign anylor►iginAl AilCContract Document, on which this text appears in RED. An original assures that ,chbioges will not be obscured. Init. AIA Document A312°1— 2010. The American Institute of Archfiects. Direct Inquiries /C16: C 8 POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call. 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 X� Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 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: Dan Hines, Heather M. Johnson, Judy K. Macklem, Carol J. Youngs of Ann Arbor. MI 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 January 22, 2004 the Companies have caused these presents to be signed by its Assistant 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. Ty r q► 'r �.•i �`'Ga+rr E.rrsai a tQ�� _:l4�1 �� - •�' n �+ tR•'F r 1 �.^ IY - rD•' -•� i o inr 't n.v+ • ••alaM► �' 3 °t j • $ : :_ f r �4i: a. 1� ^°•+ri° yrA '� }9`t • '•}"tl ••'tuw�5 nru +' � -� Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD On this 3rd day of March, 2008, 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 Assistant 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. t E. �• S •4q +� " Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 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 August 25, 2011. Signed and sealed at the City of Hartford. L 1. TyY'♦ i Mt Sl $67 i° o�3 : t F � �/�u• c a�y , � i: r ' � � .,,�'t�r ms' • ru +' .y' -.� -' Gary W. Stumper, Assistant Vice President I k 0 OP ID: AV ACORO" CERTIFICATE OF LIABILITY INSURANCE D (MM /DDIYYYY) 12/09/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 734- 741 -0044 Hylant Group Inc - Ann Arbor 734 - 741 -1850 24 Frank Lloyd Wright Dr J4100 Ann Arbor, MI 48105 David Harlock CONTACT NAME: PHONE FAx A/C No E -MAIL AD PRODUCER CUSTOMER 1plt.HIGGI-5 INSURERS AFFORDING COVERAGE NAIC S INSURED Douglas N. Higgins, Inc. 3390 Travis Pointe, Suite A Ann Arbor, MI 48108 INSURER A: Continental Insurance Company 035289 INSURER B:Valley Forge Insurance Co 020508 INSURER c: Continental Casualty Company 020443 INSURER D:Greenwich Insurance Company 22322 INSURER E: PREMISES Ea occurrence $ 200,00 A COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 200,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR U1061922047 12/10/10 12/10/11 MED EXP (Any one person) $ 15,00 X Includes XCU PERSONAL BADVINJURY $ 1,000,00 X Contractual Liab GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY X PR0 LOC $ A AUTOMOBILE LIABILITY ANY AUTO U1061922033 12/10110 12/10/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS X PROPERTY DAMAGE (Per accident) $ X NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,00 X AGGREGATE $ 10,000,00 C EXCESS LIAB CLAIMS -MADE U1061922050 12/10/10 12/10/11 DEDUCTIBLE - $ X $ RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER /EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA WC161922016 12/10/10 12/10/11 X WCSTATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00 D Professional and PECO025095 12/10/10 12/10/11 2,000,00 Pollution Liab 25,000 de DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Job - Contract #08 -5011; Annual Contract for Underground Utility Contracting Services. Additional Insured for General Liability, as required by written contract (primary) - Board of County Commissioners, Collier County. Collier County Board of County Commissioners 3301 Tam lam i Trail East Naples, FL 34412 ACORD 25 (2009109) COLCO02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2009 ACORD CORPORATION. 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