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Backup Documents 07/09/2019 Item #16C15 ORIGINAL DOCUMENTS CHECKLISTMES ROUTINGENT TO TO ACCOMPANY ALL ORIGINAL6 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR rSIGNATURE d tthe Co y Al 6 Office 5 Print on pink paper.Attach to original document. The completed routing slip and original documents are to be 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 ed. If the nt is already complete with the Complete ofrouting Chairman's signature,a draw a line thoughe for routing litional nes#1 thoatures, ugh#2,completes,and/or informationhh checklist,s,and forward totheCounty Attorney Office. exception of the g Office Initials Date Route to Addressee(s) (List in routing order) 1. 2. 3. County Attorney Office County Attorney Office i91 7 /d/i� 4. BCC Office Board of County mk Commissioners ccm (.d 5. Minutes and Records Clerk of Court's OfficeICU' 1519 c 4 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. Phone Number �" Name of Primary Staff 3' /o t, F;n dr/ch 2 39 - 25-.2,-g g 35-- Agenda � Contact/ Deparlatent n Agenda Item Number i C s Approv d by Item was J-u i_ C� Z U`9 ` Approved by the BCC `J yl—r—l'� Number of Original Gp Type of Document tit)'‘ I k F( i�-Gazl3-1�+ Documents Attached Attached W'‘y_ or �"' PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST N/A(Not Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Ye(Is stial) Applicable) appropriate. 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. AM 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 S Tr by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's �� 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. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Sr 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. 5 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Beawre of your deadlines! 8. The document was approved by the BCC on attached and document.alTThe changes made during County ..CF�, the meeting have been incorporated in the Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached do cument made,and the do umenis the version approved reby ty fhe e the/ BCC,all changes directed by the BCC have been 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 16C15 MEMORANDUM Date: July 15, 2019 To: Shon Fandrich, Senior Project Manager PU Engineering & Project Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Work Order for RFQ #14-6213-130 w/Douglas N. Higgins, Inc. "Sunshine Boulevard and Green Boulevard Water Main Improvements" Attached for your records is a copy of the document referenced above, (Item #16C15) approved by the Board of County Commissioners on Tuesday, July 9. 2019. The original has been held by the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16C15 / WORK ORDER/PURCHASE ORDER Contract 14-6213 "Annual Contract for Underground Utilities aryd General Contractors" Contract Expiration Date: July 7,2020' This Work Order is for professional water main replacement construction services for work known as: Project Name: Sunshine Blvd&Green Blvd Water Main Improvements- Construction Project No: 70222.3.2✓ / The work is specified in the proposal dated May 3, 2019 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,In Scope of Work: As detailed in the attached proposal and the following: * Task I Water Main Construction * Task II Water Main Construction Allowance Schedule of Work: Complete work within 90/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): ®Negotiated Lump Sum(NLS) ❑Lump Sum Plus Reimbursable Costs(LS+RC) Time&Material(T&M)(established hourly rate –Schedule A) ECost Plus Fixed Fee(CPFF),as provided in the attached proposal. Task I $234,238.00(NLS) / Task II $ 30,000.00 TOTAL FEE $264,238.00 J , PREPARED BY: —;;44 7 &4 Zo// Shon D.Fandrich, Senior Project Manager Date (1\\VI Page 1 of 3 CA 16C15 A APPROVED BY: t.P4,----'-- 0' 6A.81 tO /19 Benjamin N.Bullert, 'rincipal Project Manager Date '13 i / / APPROVED BY: (j/ /9 1 Tom/Chmelik,EPMD Director Date APPROVED BY: �s�i, 6/6 fi Pamela Libby,Water D. if bution and Wellfield Mgr Date APPROVED BY ����9 Beth Jo I..ssen, Ground Services Director Date I f I ,i . 4/6/0o/9 APPROVED BY: - • i Joe Be,one,Op rations Support Director Date APPROVED BY: �f ie C IC .__ C y (�"?` 'V7 Dr. G orge 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 Finn 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. K.00( Ar4...""— ---- . q. 11(/' liirr"11:1 ello,Regional Manager Date (Remainder of page intentionally left blank) Page 2 of 3 6 16C15 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 s •• COMMISSIONERS C . mzel,tlerk of Courts COLLIE C, • •A ti . 1 - / ra / a rG• By: —�.. '—, .i7 „+ *A' :1 I 'liam L. McDaniel,Jr.,Chair Daist i ' *•- , p'P l.` Name of Firm:Douglas N.Higgins,Inc. f e,...only. ,,,./ ci.-Aer 46 By: s First F fitness 'l!!ly f r TType/pu witness namet TType/print signature and'thief e,va1LLi G.._ & Second Witness ! c1 Vvt a{v7i- „(,j yi(.t,> TType/print witness na> eT pprove‘ t• '• and, -galit : c I `� t Ve. County Attorney ^Ltern# 142C15 1..411- v2 sc t _ ;i Print Name ," en "Fel,.lei :-d1�da a "'ate 1'1511 ,ec'd +yCkkA ig \.4 Page 3 of 3 16015 Date: April 18th, 2019 From: Patrick Boyle, Operations Analyst 239-252-8941, Telephone Number o e'� linty Patrick.Boyle cr colliercountyfl.gov Public Utilities Department Engineering and Project Management Division To: Potential Quoters REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT 14-6213 "Underground Utility Contractors" Selected Vendors: Mitchell & Stark Construction Co,, Inc. Kyle Construction, Inc. Douglas N. Higgins Inc. Haskins, Inc. Quality Enterprises USA, Inc. Southwest Utility Systems, Inc. As provided in the referenced contract, the County Division is soliciting quotes for the referenced project. Project RFQ 14-6213-130 SUNSHINE BLVD & GREEN BLVD WM IMPROVEMENTS RFQ Due Date: Friday, May 3rd, 2019 at 3:00 PM Q&A Deadline: Wednesday, May 1st, 2019 at 5:00 PM Number of Days to Final Completion: 60 days to substantial and 30 days final = 90 days total Scope Provided Yes Plans and Specs: Yes Liquidated Damages: $1241.00.00 per day Payment & Performance Bonds If over $200,000.00 Your quotation response for this project is due electronically to the Email address listed above 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 Public Utilities Engineer & Project Management at the below 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 TeleP,, Number is ature Regional Manager Title Mike Lobello 513/1 Print Name Date cc: Shon Fandrich, Senior Project Manager Public Utilities Engineering&Project Management Division•3339 Tamiami Trail East,Suite 303 Naples,Florida 34112 Gt'�' C 1 Collier County Public Utilities COLLIER COUNTY PUBLIC UTILITIES 5/3/2019 Engineering and Project Management Division SUNSHINE BLVD WATER MAIN IMPROVEMENTS-PHASE 1 Bid Schedule SECTION 1:GENERAL ITEM NO. DESCRIPTION EST.QUANTITY UNIT UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $ 24,000.00 $ 24,000.00 2 Maintenance of Traffic 1 LS $ 17,000.00 $ 17,000.00 3 Preconstruction Audio/Video Recording 1 LS $ 2,000.00 $ 2,000.00 4 Survey and Record Drawings 1 LS $ 5,000.00 $ 5,000.00 SECTION 1 SUBTOTAL: $ 48,000.00 SECTION 2:WATER SYSTEM ITEM NO. DESCRIPTION EST.QUANTITY UNIT UNIT PRICE EXTENDED PRICE 5 Install Water Main Pipelines(Installation Only) a. 6"Water Main-PVC C900 DR18 20 LF $ 52.00 $ 1,040.00 b. 8"Water Main-PVC C900 DR18 46 LF $ 52.00 $ 2,392.00 c. 12"Water Main-PVC C900 DRIB 515 LF $ 59.00 $ 30,385.00 d. 12"Water Main-PVC C900 DR14(Under 17th Ave SVV) 40 LF $ 60.00 $ 2,400.00 6 Install 14"HDPE DR11 Horizontal Directional Drill from STA 4+97 1 LS $ 69,000.00 $ 69,000.00 to STA 8+93(Installation Only) 7 Connect to Existing Water Main(Installation Only) a. Connect to Existing 6"Water Main 1 EA $ 1,400.00 $ 1,400.00 b. Connect to Existing 8"Water Main 3 EA $ 2,400.00 $ 7,200.00 c. Connect to Existing 10"Water Main 1 EA $ 2,400.00 $ 2,400.00 8 Install Air Release Valve(Installation Only) 2 EA. $ 2,100.00 $ 4,200.00 9 Install Fire Hydrant Assembly(Installation Only) 1 EA. $ 2,100.00 $ 2,100.00 10 Install Gate Valves(Installation Only) a. 6"Gate Valve 1 EA. $ 700.00 $ 700.00 b. 8"Gate Valve 3 EA. $ 700.00 $ 2,100.00 c. 10"Gate Valve 1 EA. $ 900.00 $ 900.00 d. 12"Gate Valve 4 EA. $ 1,000.00 $ 4,000.00 e. 16"Gate Valve 3 EA $ 1,500.00 $ 4,500.00 SECTION 2 SUBTOTAL: $ 134,717.00 SECTION 3:RESTORATION ITEM NO. DESCRIPTION EST.QUANTITY UNIT UNIT PRICE EXTENDED PRICE 11 General Restoration 1 LS $ 19,000.00 $ 19,000.00 12 Concrete Sidewalk Restoration 9 SY $ 200.00 $ 1,800.00 13 Asphalt Driveway Restoration 187 SY $ 45.00 $ 8,415.00 14 Asphalt Roadway Restoration 190 SY $ 58.00 $ 11,020.00 15 Abandon and Remove Existing Water Main a. Existing 6"Water Main 10 LF $ 17.00 $ 170.00 b. Existing 8"Water Main 15 LF $ 17.00 $ 255.00 c. Existing 10"Water Main 265 LF $ 17.00 $ 4,505.00 16 Abandon and Grout Existing Water Main a. Existing 8"Water Main 560 LF $ 7.00 S 3,920.00 b. Existing 10"Water Main 348 LF $ 7.00 5 2,436.00 SECTION 3 SUBTOTAL: $ 51,521.00 SECTION 4:ALLOWANCE ITEM NO. DESCRIPTION EST.QUANTITY UNIT UNIT PRICE EXTENDED PRICE Allowance:Allowance for unforeseen conditions will be made at the 17 appropriate contract price for time&materials,lump sum,and I or 1 TBD $ 30,000.00 $ 30,000.00 contract unit price. SECTION 4 SUBTOTAL: $ 30,000.00 BID SUMMARY SECTION 1 GENERAL SUBTOTAL: $ 48,000.00 SECTION 2 WATER SYSTEM SUBTOTAL: $ 134,717.00 SECTION 3 RESTORATION SUBTOTAL: $ 51,521.00 SECTION 4 ALLOWANCES SUBTOTAL: $ 30,000.00 PROJECT TOTAL: $ 264,238.00 Vendor Signature:y`F Print Name: Per,M iaS� 4i"e 1 r Ti S Company Name: D e.c t V j ' 1 4.5t jiL4 - Date: ..r/3 f l Sunshine Blvd and Green Blvd Water Main Improvements JOHNSON 70222.3.1/20149700-211 Page 1 of 1 ENGINEERING G�' 16C15 Cofer Couvity Email: Patrick.Boyle@colliercountyfl.gov Administrailve Services Division Telephone: (239)252- 8941 Procurement Services Addendum 2 Date: May 1st,2019 From: Patrick Boyle,Operations Analyst-Acquisitions To: Interested Bidders Subject: Addendum#2 14-6213-130 Sunshine&Green Blvd Water WM Main Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Revised the Number of Days to Final Completion: 60 days to substantial and 30 days to final for a total of 90 days. If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. CC: Shon Fandrich,Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. —}4)41-41 titcPta, Sit I (Signature) Date (Name of Fire I) i6C15 Cofer County Email: Patrick.Boyle@colliercountyfl.gov Administrative Services Division Telephone: (239)252- 8941 Procurement Services Addendum 3 Date: May is',2019 From: Patrick Boyle,Operations Analyst-Acquisitions To: Interested Bidders Subject: Addendum#3 Sunshine&Green Blvd WM Improvements The following clarifications are issued as an addendum identifying the following clarification to the scope of work,changes,deletions,or additions to the original solicitation document for the referenced solicitation: Change 1. Signature confirmation for addendum 1 was not uploaded.By signing this addendum,you have reviewed and agreed to the changes outlined in addendum 1. If you require additional information,please post a question on our Bid Sync(www.bidsync.com)bidding platform under the solicitation for this project. CC: Shon Frandich,Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. LA-,<-de (Signature) i Date 4-Gt ik5 t is 71c (Name of Fir ) , LC ari `wE o 0 o wE o 0 wm wm wm m X11 g v o _ _ o W 0 z 0 `/ i h U 2 U 2 U Z U 2 Z E g. 6 6 G w ~ — 1- - o w 2 O O 0 0 0 mora w'z wa gg 1"0'.. 2 www wwww w wwwww wwww o ' o 0 0 c w m w m wwww www wwm w w m C1 0 - O W 0 w O 0 0 U ` U 2 {j 2 U Z U 0 2 E a E E z c o - - z g 5 $ wE h ra wE 0 0 o v a w w w w w w wwww w w _ w w w w w w m wwww www wwm w w m m H2 U 0 U 62 U Z 2 9p i,-`. C C Y o > o C 0 88888 88888 888888 0 888 888 O g.8.8. 8. 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O. c om w - - m - w, - m No 0 L[1 s..1 C.., .01 0 vU I, m co N CSI W -0 0 'a 23 5 L N N N > W op L —I > LU as > LA co C"( 0 + O TS CO C I I CJ 1 1 I I 0 I I 13 I I C f 1 1 a CJ I I I 1 ."' 1 1 VfC I I C E1 1 " U I I > 1 1 MI 1 I l'1 l W E a __ _ 1 I-1 I N CO 1 Li ME 14.' 1 c el I Y a I = ,„ LL. 1 CeI al s- 0 1 00.19_ 14- N N CJ (YII in W m C W O O O O O O O O O og CD 0 C C C Q O �• O ci O O O O p O O `n to L} m O N NO ri ci i/} 16015 7 ® E( ACORDATE � D CERTIFICATE OF LIABILITY INSURANCE E(M/2o19 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 pollcy(les)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). PRODUCER CONTACT NAME: Hylant Group Inc-Ann Arbor PHONE FAX 24 Frank Lloyd Wright Dr J4100 ore.No.Ex y 734-741-0044 (A/C,No):734-741-1850 Ann Arbor MI 48105 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL 4 INSURER A:Continental Insurance Company _ 35289 INSURED HIGGI-5 INSURERS Continental Casualty Company 20443 Douglas N.Higgins,Inc. 3390 Travis Pointe,Suite A wSURER e:Greenwich insurance Company 22322 Ann Arbor MI 48108 INSURER o:Zurich American Insurance Co 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:126713306 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. 1N7R TYPE OF INSURANCE AOOL SURE • POLICY EFF ' POLICY EXP INSD Wyo POLICY NUMBER IMMIDOIYYWI IMMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY U1061922047 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [ 1 OCCUR PREM SES(Ea scccunence) $500,000 X Ind XCU MED EXP(Anyone person) $15,000 X Ind contractual PERSONAL&ADV INJURY $1,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICYn JI f LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY U1081922053 4/1/2019 4/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea eocltlenl) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED , BODILY INJURY(Per accident)t$ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ,,AUTOS ONLY (Per accident) B X UMBRELLA LIAR X OCCUR U1061922050 4/1/2019 4/1/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE S 10,000,000 DOD X RETENTION$n _ j S 0 WORKERS COMPENSATION WC1839680 4/1/2019 4/1/2020 X TATE 1 OTH- ER AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNERIFXECUTIVE `YNNI N 1 A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEM9ER EXCLUDED? ` (Mandatory In NH) EL,.DISEASE-EA EMPLOYEE $1 000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000 C Professional/ PECD025095 4/1/2019 4/1/2020 2,000,000 Each Claim Pollution 4,000,000 Aggregate I . DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Job-Sunshine Blvd&Green Blvd Water Maln Improvements Contract#14-8213.Project#70222.32 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 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples FL 34412nial'lt lDQ�©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD OW 16C 15 Bond# 35BCSHX4654 OD T ,dr IA 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,MI48108 One Hartford Plaza 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 Board of County Commissioners Any singular reference to 3295 Tamlaml Trail E. Naples,FL 34112 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. AIA Document A312-2010 Date:4/10/2019 combines two separate bonds,a Amount:Two Hundred Sixty-four Thousand Two Hundred Thirty-eight And No/100Dollars Performance Bond and a ($264,238.00) Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) #14-6213 Underground Utility Contractors•Sunshine Blvd&Green Blvd Water Main Improvements-Construction BOND Date: 5/20/2010 (Not earlier than Construction Contract Dale) Amount: Two Hundred Sixty-four Thousand Two Hundred Thirty-eight And No1100Doliars ($264,238.00) Modifications to this Bond: El None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N.Higgins,Inc. Hartford Ac IQ dents Indemnity Company WikutSignature: ( �.. /1st Signature: ' 1,1 Name Pe I k it,. Name ,LIsa M,Wilmot and Title: VILE_rffSiitd t 4f 1' and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) Hylant Group,Inc. 24 Frank Lloyd Wright Dr.,Ste J4100 Ann Arbor,MI 48105 (734)662-1154 Init. AIA Document A312n4—2010.The American Institute of Architects. 081110 1 1 16015 §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 shalt 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 16C15 §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 herefronl and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond, §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents, §14.3 Contractor Default,Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14,5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A312' —2010.The American Institute of Architects. 3 16C15 §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) Signatre: 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 he obscured. Inif. AIA Document A3127"—2010.The American Institute of Architects. 4 16C1 Bond ft 35BCSHX4654 A s filAIA Document A312,m - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place Douglas N.Higgins,Inc. of business) Hartford Accident and indemnity Company 3390 Travis Pointe,Suite A This document has Important legal Ann Arbor,MI 48108 One Hartford Plaza 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 Board of County Commissioners 3295 Tamlaml Trail E. Any singular reference to Contractor,Surely,Owner or Naples,FL 34112 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. AIA Document A312-2010 Date:4/18/2019 combines two separate bonds,a Amount:Two Hundred Sixty-four Thousand Two Hundred Thirty-eight And No/100Dollars Performance Bond and a ($264,238.00) Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Name and location) #14-6213 Underground Utility Contractors-Sunshine Blvd&Green Blvd Water Main Improvements-Construction BOND Date: 5/29/2019 (Not earlier than Construction Contract Date) Amount: Two Hundred Sixty-four Thousand Two Hundred Thirty-eight And No/100Dollars ($264,238.00) Modifications to this Bond: ®None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Douglas N.Higgins,Inc. t Hartford Acctdentpnd indemnity Company , , Signature: A t t ( ,k)irLc1...., Signature: t<)r` I�t r• !k Name "(It (lips • i Lic, Name Lisa.Wilmot and Title: °� ..Y i p,S totem t and Title: Attorney-In-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party.) Hylant Group,Inc. 24 Frank Lloyd Wright Dr.,Ste J4100 Ann Arbor,MI 48105 (734)662-1154 AIA Document A3121"-2010.The American Institute of Architects. 061110 Init. 5