Backup Documents 04/14/2015 Item #16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 p`
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 he 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 Po\ u G U VI 1►..1-i.oS p e MD -.01, -31't-ollo 1S
3. County Attorney Office County Attorney Office
4. BCC Office Board of County ��
Commissioners 4.\\SV
5. Minutes and Records Clerk of Court's Office
7rn U(t5k5
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 Phone Number
Contact/ Department Z t i ' r-71 - RO PP�t.b 7, q--15z,--(611.--7 9 Zevnir0.itl1-orEV edk U/ill
Agenda Date Item was Agenda Item Number /
_Approved by the BCC 4' /t/1 Z®f 5 r k co "C-"7--V
Type of Document WO) te;onAS .1. Number of Original w ore Pa 4'
)
Attached r-,�\a cA.. C-v fl'i.Q!) S - Documents Attached tors C q r• '
PO number or account 14030 -- n.d 4I 4 -
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)
I. Does the document require the chairman's original signature? Sacox,.'p\<. Za b
2. Does the document need to be sent to another agency for additional signatures? If yes,
--z-01:,
provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
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
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.
Some documents are time sensitive and require forwarding to Tallahassee within a certain0
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC ono /S(enter date)and all changes made N/A is not
during the meeting have been incorporated in t e attached document. The County an option for
Attorney's Office has reviewed the changes, if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved by theapis
A is not
BCC,all changes directed by the BCC have been made,and the document is ready for theoption for
Chairman's signature. is line.
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
16C2
MEMORANDUM
Date: April 16, 2015
To: Zamira Del Toro, Project Manager
Public Utilities Engineering Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #12-5871 Work Order w/Youngquist Brothers, Inc.
for Livingston Road IQ Water ASR System Monitor Well
Modification Project 74030.2.5 and related Bond No. SUR60000304
Attached for your records is a copy of the document(s) referenced above, (Item #16C2)
approved by the Board of County Commissioners on Tuesday, April 14, 2015.
The original(s) will be kept in the Board's Minutes & Records Department for
the Board's Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachment
16C2
WORK ORDER/PURCHASE ORDER
Contract 12-5871 "Well Drilling, Testing and Maintenance"
Contract Expiration Date: October 7, 2015 ✓
This Work Order is for professional well testing and maintenance services for work known as:
Project Name: Livingston Road IQ Water ASR System Monitor Well Modification V
Project No: 74030.2.5 ,/ /
The work is specified in the proposal dated March 12, 2015 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: Youngquist Brothers, Inc.
Scope of Work: As detailed in the attached proposal and the following:
* Task I Well Drilling Construction Services
* Task II Well Construction Allowance
Schedule of Work: Complete work within 120 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 # 12-5871 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) ❑
Cost Plus Fixed Fee (CPFF), as provided in the attached proposal.
Task I $294,900.00 NLS
Task II $ 60,000.00 T&M
TOTAL FEE $354,900.00
PREPARED BY: T' .\�1 3I1R 15
Zamira DelToro, Project Manager Date
3II�
APPROVED BY: Craig Pa Pri�p roJ t Manager D te
APPROVED BY:
To Chmelik, PPMD Director Date
Page 1 of 3
€"..)
16 C2
APPROVED BY: 7... ... _ tS� CS
Rob Kaine, Interim IQ Manager Date
APPROVED ems( — /_ I✓�!—
Bet ohnssen, astewater Director Da e
APPROVED BY: _ __ 3/i //).
George Yilmaz, Department Administrator Date
3 04 \f,N4
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: Youngquist ' o ,-rs, Inc.
i' 3/7 /S
Harvey t. Y fun M. , ., 'ice President Date
(Remainder of page intentionally left blank)
Page 2 of 3
0
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 COUNTY COMMISSIONERS
Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA
By: J I e/4*Ce-
'
Tim Nance, Chairman 4\11 \t S
Dated: AtiVatil F.. en 6
(SEst as'tB=Chairman's
signatureonIy Youngquist Brothers, Inc.
i .. .tiliyat(it...1.__''
By: �
First Witness Slgnat r
i i`ne 14 hi Harvey B. Youngquist, Jr., Vice President
Print
/ A" 'E-4 (.(4-0_,e_wK------
Se nd Witness
co -V• CC�i4 '-
Print
A rove a o Fo a d gali :
Scott R. Teach, Deputy County Attorney
i:em#
Agenda :15
Date
" -615
•ec'd
liII
p.4%)......-1.
-e-plARIMID
Page 3 of 3 0
16C2
C.;olker (.3ovivitv
REQUEST FOR QUOTATIONS FOR MULTIPLE PROJECTS UNDER CONTRACT#12-5871
"Well Drilling,Testing and Maintenance"
Date: February 18, 2015
From: Swainson Hall, Procurement Strategist
239-252-8935, Telephone Number
239-252-6334, Fax Number
SwainsonHall a(�,colliergov.net
To: Awarded Vendors—Category 4
Subject: RFQ#12-5871-05 Livingston Road IQ Water ASR System Monitor Well Modification
As provided in the referenced contract,the Collier County Purchasing Department is soliciting
quotes for the referenced project.
RFQ Due Date: 3:00 PM February 27, 2015
Pre-Quote Meeting Date/Time: No Pre-Quote Meeting Needed
Q&A Deadline: By 5:00 PM February 24, 2015
Number of Days to Final Completion: 60 Days Substantial, 30 Days Final—Total 90
Liquidated Damages $1,500 per day
Direct Material Purchase N/A
Specifications and Plans: Attached
***Provide pricing in attached quote schedule.***
Owner will pay for all Collier County-issued permits via interdepartmental transfer. All permits
required outside of County-issued permits shall be paid for by the contractor.
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.
YO(ANGQu.t ST an-k GRS,
Firm's Comnlete Legal Name
239 . 9.efil .4.39' 9 • L'5 45
Teleplipne.Number-4 Fax Numb
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Sint4
c£ si t
Title
C.�. `'a1Il) �ussut+IZE z7 zdt5
Print Name Date
C: Zamira Del Toro, Project Manager
16C2
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16C2
Smith
2180 W.First Street
Suite 400
Fort Myers,Florida 33901
tel: 239 938-9600
fax: 239 339-6418
April 7, 2015
Ms. Zamira DelToro
Project Manager
Public Utilities Planning and Project Management Division
3339 Tamiami Trail East,Suite 303
Naples, FL 34112
Subject: Livingston Road IQ Water ASR System Monitor Well Modification
Quote Evaluation-Recommendation for Contract Award
Dear Ms.DelToro:
On March 12, 2015,a quote was received by Collier County for the Livingston Road IQ Water
ASR System Monitor Well Modification project.The quote was solicited through the Well
Drilling,Testing and Maintenance contract (#12-5871). The quote submitted by Youngquist
Brothers, Inc. (YBI)was in the amount of$398,765.00. Layne Christensen,the other well
driller under the 12-5871 contract, declined to submit a quote. Subsequent to receipt of the
YBI quote,a meeting was held between Public Utilities Planning and Project Management
Division, Purchasing,YBI and CDM Smith. Based on the meeting a negotiated project price
of$354,900 was reached. The project price includes an owner directed time and materials
allowance of$25,000 and a time and materials pond liner repair allowance line item in the
amount of$35,000. The negotiated project price less the allowances is$294,900. This
amount is approximately 18 percent higher than the$250,000 estimate provided on
September 25,2014 by CDM Smith.
CDM Smith has reviewed the quote provided by YBI and while it is above the planning level
estimate obtained early in the design phase, it appears reasonable given the requirements of
the final design and the level of risk in the project. When the planning level estimate was
requested in September 2014,CDM Smith provided draft design plans of the monitoring
well improvements. Specifications for the project were not provided at that time.
Subsequent to the request for the cost estimate,the County identified several modifications
to the design plans and identified specific project requirements which were to be included
in the project specifications. The major changes reflected in the final design are the
inclusion of a flow meter and additional piping on the discharge of the monitoring well,
strict requirements for protection of existing infrastructure and landscaping and limitation
on the techniques which may be used for performing the drilling work. The cost for the
flow meter and additional piping is included in line item six of the quote,which was
$30,000. Adjusting for the difference in cost for the flow meter and piping results in a
variance of approximately 6%above the estimate. The cost of the protection of existing
infrastructure and limitation on the construction techniques is likely carried in the
Mobilization and Demobilization and Well Construction line items.
0
WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES 1
CDM 16C2
Smith
Ms.Zamira DelToro
April 7, 2015
Page 2
CDM Smith believes that YBI is qualified to perform the construction of the Livingston Road
IQ Water ASR System Monitor Well Modification project and that the negotiated price
represents a reasonable project cost. CDM Smith recommends that Collier County award
the project for the total Quote,for Base Quote Items 1 through 7 plus the project allowance.
Should you have any questions or wish to discuss the quote further,please do not hesitate to
call us.
Respectfully,
Ja:on A.Sciandra,P.E.
Senior Project Manager
CDM Smith Inc.
1 6 C 2
Bond Number:SUR60000304
AI Document A312TM - 2010
Performance Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place
Youngquist Brothers,Inc. of business)
15465 Pine Ridge Road Ironshore Indemnity Inc.
Ft.Myers,FL 33908 One State Street,7th Floor This document has important legal
239-489-4444 New York,NY 10004 consequences.Consultation with
OWNER: 646-826-6600 an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
Collier County Board of County Commissioners Any singular reference to
3301 Tamiaml Trail E.
Naples,FL 34112 Contractor,Surety,Owner or
239-252-8097 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: AIA Document A312-2010
combines two separate bonds,a
Amount: $354,900.00 Performance Bond and a
Payment Bond,into one form.
Description: This is not a single combined
p Performance and Payment Bond.
(Name and location)
Contract 12-5871 Well Drilling, Testing and Maintenance
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $354,900.00
Modifications to this Bona. CI None.ine. .' L3 See Section 16
CONTRACTOR AS PRINCIPAL , ; - :SURETY
Company: (Cor�pncat4,1eal) i Conjpany: (Corporate Seal)
Youngquist Brothers;Ific.', IroRshor nity Inc.•
Signature: i1/ Signature.
Name Harvey ou .�esident Name Brook T mith,Attorney-In-Fact
and Title: and Title:
(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:
Burton Harris (Architect, Engineer or other party:)
Security Bond Associated,Inc.
10131 SW 40th Street
Miami,FL 33165
305-552-5412
Init. MA Document A312"—2010.The American Institute of Architects. 061110
2
§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 extort the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Stretrah ill.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:gontractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by tr 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 tight 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 a ter 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. MA Document A31240-20*ThiAmedcen Institute of Architects.
2
16C2
§7 If the Surety elects to act under Section 5.1,5.2 or 53,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 thedomanents that comprise the agreement between the Owner and Contractor.
§15 If his Bond is issued for an agmemad between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to Snbcontrat ttor and the term Owner shall be deemed to be Contractor.
Init. MA Document A312 -3010:The American Institute of Architects.
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 AlA Contract Document,on which this tiadamara in RED.An odgiasl assume that
changes will not be obscured.
JI.JA,bocument A312",—2010.7heAmerican Institute of Architects.
Ink
4
Bond Number: SUR60000304
.,�� I Document A312TM - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Youngquist Brothers,Inc of business)
15465 Pine Ridge Road
Ft.Myers,FL 33908 Ironshore Indemnity Inc. This document has important legal
239-489-4444 One State Street,7th Floor consequences.Consultation with
New York,NY 10004 an attorney is encouraged with
OWNER: 646-826-6600 respect to its completion or
(Name, legal status and address) modification.
Collier County Board of County Commissioners
3301 Tamiami Trail E.
Any singular reference to
Naples,FL 34112 Contractor,Surety,Owner or
239-252-8097 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: AIA Document A312-2010
combines two separate bonds,a
Amount: $354,900.00 Performance Bond and a
Payment Bond,into one form.
Description: This is not a single combined
(Name and location) Performance and Payment Bond.
Contract 12-5871 Well Drilling, Testing and Maintenance
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $354,900.00
Modifications to this Bond: .❑None ❑See Section 18
CONTRACTOR AS PRiNCiP.I ',4. .:SURETY
Company: 'Cor le syea0 °t onipany: (Corporate Seal)
Youngquist Brothers„irtc 1 Ironshore Jade ity Inc.
Signature: �4 '' Signature: r— 1
Name Harvey Youngquist Jr.,Vice President Name Brook T. Snu(th,Attorney-In-Fact
and Title: and Title:
(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:
Burton Harris (Architect, Engineer or other party.)
Security Bond Associated.Inc.
10131 SW 40th Street
Miami,FL 33165
305-552-5412
Init. AIA Document A312'"—2010.The American Institute of Architects. oat rro
5
N., L.
§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.
Init. MA Document A312' —2010.TheAmedcan Institute of Architects.
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§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(I)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.
Wt. AM Comma*Mem-2010.The American Institute of Architects.
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§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: _.--.. .
gn _. _.—:---........ Signature:
Name and Tide: Name and Title:
Address Address
CAUTION:You should sign an original AIA Contract Document,on which this text appears-in RED.An original et liras that
changes will not be obscured.
Ink AIA Document A312' —2010.The American Institute of Architects.
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POWER OF ATTORNEY
III-40000 3 0µ
Ironshore Indemnity Inc.
KNOW ALL MEN BY THESE PRESENTS,that IRONSHORE INDEMNITY INC.,a Minnesota Corporation,with its principal office in New York,NY does
hereby constitute and appoint:Brook T.Smith, Raymond M.Hundley,Jason D.Cromwell,James H. Martin,Sandra L.Fusinetti, Deborah Neichter,Jill
Kemp,Jackie C. Koestel, Sheryon Quinn, Dawson West, Bonnie J. Wortham,Amy Meredith, Lynnette Long, Barbara Duncan, Mark A. Guidry, Michele
Lacrosse,Jessica Nowlin and Summer A. Betting its true and lawful Attorney(s)-In-Fact to make, execute,seal and deliver for, and on its behalf as
surety,any and all bonds,undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC.on the
22nd day of April,2013 as follows:
Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or
persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory
in nature of a bond not to exceed $5,500,000 dollars,which the Company might execute through its duly elected officers, and affix the seal of the
Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly
executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and
the authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the
signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate
so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF,IRONSHORE INDEMNITY INC.has caused this instrument to be signed by its Director,and its Corporate Seal to be affixed this
2ed day of July,2013.
IRONSHORE INDEMNITY INC.
R; P1
♦ SEAL
%MO' j��
•
By;
Daniel L.Sus)IOad
Director
ACKNOWLEDGEMENT
On this 2„d day of July,2013,before me,personally came Daniel L.Sussman to me known,who being duly sworn,did depose and say that he is the
Director of Ironshore Indemnity Inc., the corporation described in and which executed the above instrument; that he executed said instrument on
behalf of the corporation by authority of his office under the By-laws of said corporation.
,YrTA rr22,,,, ^ i
AMY L.TAYLOR
T �..... / ,�
Notary Pudic-State of Tennessee aoeE IS(/I_/�v -
Davidson County S "WOW
My Commission Expires 01-01-16 . "ax f r Amy L.Taylod
�'. c` Notary Public
CERTIFICATE
I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of
which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force.
Signed and Sealed at this_Day of ,20_
S
Ni9
Paul S.Giordano •
Secretary
'WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance or statement of claim
containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto,commits a fraudulent
insurance act,which is a crime and subjects such person to criminal and civil penalties.°