Backup Documents 09/09/2014 Item #16C4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT thi3c J'THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG "T
Routed by Purchasing Department to Office Initials Date
the Following Addressee(s) (In routing order)
1. Risk Maxagefei t -' **mit-
2. County Attorney Office County Attorney Office Q ) o�l U
3. BCC Office Board of County -VW`-'‘
et i,411
Commissioners \ik\CA/ c \1 Z`t4k
4. Minutes and Records** Clerk of Court's Office (
**Please return electronic copy 1�2 �� �2�" �M
5. Return to Purchasing Department Purchasing
Contact: Diana DeLeon
PRIMARY CONTACT INFORMATION
Name of Primary Diana De Leon for Swainson Hall, Phone Number 252-8375
Purchasing Staff September 9,2014
Contact and Date /
Agenda Date Item was September 9,2014 Agenda Item Number 16.C.4✓
Approved by the BCC
Type of Document Work Order Number of Original 1**
Attached Documents Attached
PO number or account N/A Solicitation/Contract 14-6213-1 Mitchell&
number if document is NumberNendor Name Stark Construction
to be recorded j
INSTRUCTIONS & CHECKLIST
Initial«r the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? DD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 signe
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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 N/A
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 DD
signature and initials are required.
7. In most cases(some contracts are an exception), an electronic copy of the document and DD
this routing slip should be provided to the County Attorney's Office before the item is
input into SIRE.
8. The document was approved by the BCC on the date above and all changes made DD
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready fj r
Chairman's signature.
1 6
C4 r/
WORK ORDER/PURCHASE ORDER
Contract 14-6213 "Underground Utility Contractors"
Contract Expiration Date: July 7, 2016,/
This Work Order is for professional construction services for work known as:
Project Name: NCWRF Replace Pumps, Sludge Pump Station 3
Project No: 73968.45.1 v"
The work is specified in the proposal dated July 22, 2014 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: Mitchell & Stark Construction Co., Inc. ✓
Scope of Work: As detailed in the attached proposal and the following:
* Task I Perform all Work as described in the Proposal
* Task II Allowance for Owners Use as Directed
* Task III Bid Additive 1
Schedule of Work: Complete work within 365 days from the date of the Notice to Proceed which is
accompanying this Work Order. The Contractor 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) CLump 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 $526,500.00 NLS '/
Task II $57,000.00 T&M ✓
Task III 25,500.00 NLS ✓
TOTAL FEE $609,000.00 it
G2 PREPARED BY: L/— 1"l i - 3 ( /`7,
Wayne arl• nior Project Manager D e
IS APPROVED BY: - __ 7/31 114
Craig Pa.4yam :gal Project Manager Date
APPROVED BY: / -` II / / 7151 zo t4t -
tom Chmelik, PPMD Department Director Date
Page 1 of 3
16C4
APPROVED BY: 40, -
Jo Pratt,NCWRF Plant Manager Date
PPROVED ! `�/071
Beth Jo,nssen, .stewater Director Date
fl -�
APPROVED BY: <- .9/`-0/J-
Dr. G--- •e Yilm, , Public Utilities Administrator Date
c3/6"//APPROVED BY: I�j�
47i on H. 1, Procurement Strategist 491 Date
By the signature below, the Firm (including employees, officers and/or agents) certifies, and hereby
discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or
currently planned interest or activity (financial, contractual, organizational, or otherwise) which
relates to the proposed work; and bear on whether the Firm has a potential conflict have been fully
disclosed.
Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of
learning of any actual or potential conflict of interest that arises during the Work Order and/or project
duration.
ACCEPTED BY: (Company Name)
ame & Title of Authorized Company Officer Date
(Remainder of page intentionally left blank)
Page 2 of 3
_ .
16C4
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�OUNT FLORIDA
I
By: ak,tAk_cyLaC9
Tom Henning, Chairm.i
Dated: q.ii-a7--apict
(SEAL)
Attest as:# .Qhartnari s
signatureont .'-
s Mitchell & Stark Construction Co., Inc.
u" By: _ r•
st Witness Signature
IA /4-64 sZetgl‘O'l er ;4_,.) (e.,v,-,)ac- C--F-c)
Ty s/print witness nan TType/print signature and titleT
Second Witness
vIS Ai ice
TType/print witness name
ppt ov G aVori nd; egality:
Astees4.gAty. County Attorney
S C-dt- a ---k it—L___
Print Name
Page 3 of 3
•
16C
Bond No. 09080096
Payment Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY:
MITCHELL&STARK CONSTRUCTION CO.,INC. FIDELITY&DEPOSIT COMPANY OF MARYLAND
6001 SHIRLEY STREET
1400 American Lane Schaumburg,IL.60196
NAPLES,FLORIDA 34109 Schaumburg, IL. 60196
OWNER(Name and Address):
COLLIER COUNTY BOARD OF COMMISSIONERS
3301 TAMIAMI TRAIL E
NAPLES,FLORIDA 34112
CONSTRUCTION CONTRACT
Date:08/05/2014
Amount:$609,000.00 Six Hundred Nine Thousand Dollars and No Cents DOLLARS
Description(Name and Location): NCWRF REPLACE PUMPS,SLUDGE PUMP STATION 3
BOND
Date(Not earlier than Construction Contract Date): 08/05/2014
Amount:$609,000.00 Six Hundred Nine Thousand Dollars and No Cents DOLLARS
Modifications to this Bond: ❑ None ® See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: MITCHELL& K CONSTRUCTION CO.,INC. Company: FID <&DEP( • PANY OF MARYLAND
-- Corporate Seal Corporate Seal
Signature: Signature:
Name and Title: Brian Penner Name and itle: Robert E.Williams,Jr.
CEO Attorney In Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or
other party):
Printed in cooperation with The American Institute of Architects(AIA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND
1400 American Lane Schaumburg,IL.60196 vouches that the language in the document conforms exactly to 1
the language used in AIA Document A-312,December 1984 FDITION.
PA Y7600 I ZZ0409f
With Modifications
16C4
1 The Contractor and the Surety,jointly and severally,bind 6 When the Claimant has satisfied the conditions of Paragraph 4,
themselves,their heirs,executors,administrators,successors and the Surety shall promptly and at the Surety's expense take the
assigns to the Owner to pay for labor,materials and equipment following actions:
furnished for use in the performance of the Construction Con-
tract which is incorporated herein by reference. 6.1 Send an answer to the Claimant,with a copy to the Owner,
within 45 days after receipt of the claim,stating the amounts
2 With respect to the Owner, this obligation shall be null and that are undisputed and the basis for challenging any amounts
void if the Contractor: that are disputed.
2.1 Promptly makes payment,directly or indirectly,for all 6.2 Pay or arrange for payment of any undisputed amounts.
sums due Claimants,and
7 The Surety's total obligation shall not exceed the amount of this
2.2 Defends,indemnifies and holds harmless the Owner from Bond,and the amount of this Bond shall be credited for any
claims,demands,liens or suits by any person or entity whose payments made in good faith by the Surety.
claim,demand,lien or suit is for payment for labor,materials
or equipment furnished for use in the performance of the 8 Amounts owed by the Owner to the Contractor under the Con-
Construction Contract,provided the Owner has promptly struction Contract shall be used for the performance of the Con-
notified the Contractor and the Surety(at the address struction Contract and to satisfy claims,if any,under any Con-
described in paragraph 12)of any claims,demands,liens or struction Performance Bond.By the Contractor furnishing and
suits and tendered defense of such claims,demands,liens or the Owner accepting this Bond,they agree that all funds earned
suits to the Contractor and the Surety,provided there is no by the Contractor in the performance of the Construction
Owner Default. Contract are dedicated to satisfy obligations of the Contractor and
the Surety under this Bond,subject to the Owner's priority to use
3 With respect to Claimants,this obligation shall be null and the funds for the completion of the work.
void if the Contractor promptly makes payment,directly or in- 9 The Surety shall not be liable to the Owner,Claimants or others
directly,for all sums due. for obligations of the Contractor that are unrelated to the
4 The Surety shall have no obligation to Claimants under this Construction Contract.The Owner shall not be liable for pay-
Bond until: ment of any costs or expenses of any Claimant under this Bond,
and shall have under this Bond no obligations to make payments
4.1 Claimants who are employed by or have a direct contract to,give notices on behalf of,or otherwise have obligations to
with the Contractor have given notice to the Surety(at the Claimants under this Bond.
address described in Paragraph 12)and sent a copy,or notice
thereof,to the Owner,stating that a claim is being made under 10 The Surety hereby waives notice of any change,including
this Bond and,with substantial accuracy,the amount of the changes of time,to the Construction Contract or to related sub-
claim. contracts,purchase orders and other obligations.
4.2 Claimants who do not have a direct contract with the 11 No suit or action shall be commenced by a Claimant under
Contractor: this Bond other than in a court of competent jurisdiction in the
location in which the work or part of the work is located or after
1 Have furnished written notice to the Contractor and sent the expiration of one year from the date(1)on which the Claim-
s copy,or notice thereof,to the Owner,within 90 days ant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,
after having last performed labor or last furnished or(2)on which the last labor or service was performed by anyone
materials or equipment included in the claim stating, or the last materials or equipment were furnished by anyone
with substantial accuracy,the amount of the claim and under the Construction Contract,whichever of(1)or(2)first
the name of the party to whom the materials were occurs.If the provisions of this Paragraph are void or prohibited
furnished or supplied or for whom the labor was done by law,the minimum period of limitation available to sureties as
or performed;and a defense in the jurisdiction of the suit shall be applicable.
.2 Have either received a rejection in whole or in part from
from the Contractor,or not received within 30 days of 12 Notice to the Surety,the Owner or the Contractor shall be
furnishing the above notice any communication from mailed or delivered to the address shown on the signature page.
the Contractor by which the Contractor has indicated Actual receipt of notice by Surety,the Owner or the Contractor,
however accomplished,shall be sufficient compliance as of the
the claim will be paid directly or indirectly;and
date received at the address shown on the signature page.
.3 Not having been paid within the above 30 days,have 13 When this Bond has been furnished to comply with a statutory
sent a written notice to the Surety(at the address p y n
described in Paragraph 12)and sent a copy,or notice or other legal requirement in the location where the construction
thereof,to the Owner,stating that a claim is being was to be performed,any provision in this Bond conflicting with
made under this Bond and enclosing a copy of the said statutory or legal requirement shall be deemed deleted
previous written notice furnished to the Contractor. herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein.The intent
5 If a notice required by Paragraph 4 is given by the Owner to is that this Bond shall be construed as a statutory bond and not as
the Contractor or to the Surety,that is sufficient compliance. a common law bond.
Printed in cooperation with The American Institute of Architects(AIA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND 2
•1400 American Lane Schaumburg,IL.60196 vouches that the language in the document conforms exactly
to the language used in AIA Document A-12,December 1984 Edition.
16C4
14 Upon request by any person or entity appearing to be a poten- required for performance of the work of the Contractor and
tial beneficiary of this Bond, the Contractor shall promptly fur- the Contractor's subcontractors,and all other items for which
nish a copy of this Bond or shall permit a copy to be made. a mechanic's lien may be asserted in the jurisdiction where
15 DEFINITIONS the labor,materials or equipment were furnished.
15.1 Claimant:An individual or entity having a direct con- 15.2 Construction Contract:The agreement between the
tract with the Contractor or with a subcontractor of the Con- Owner and the Contractor identified on the signature page,
tractor to furnish labor,materials or equipment for use in the including all Contract Documents and changes thereto.
performance of the Contract.The intent of this Bond shall be
to include without limitation in the terms"labor,materials or 15.3 Owner Default:Failure of the Owner,which has neither
equipment"that part of water,gas,power,light,heat,oil, been remedied nor waived,to pay the Contractor as required
gasoline,telephone service or rental equipment used in the by the Construction Contract or to perform and complete or
Construction Contract,architectural and engineering services comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Paragraph 4 is amended to insert sub-paragraph 4.3,which states:
4.3 Claimants have furnished to Surety proof of claim duly sworn to by Claimants with adequate supporting documentation proving the
amount claimed is due and payable.
Paragraph 5 shall be amended to delete the word"or"and insert the word"and'in its place.
Paragraph 6 and its sub-paragraphs 6.1 and 6.2 shall be deleted in their entirety and replaced with the following:
When the Claimant has satisfied the conditions of Paragraph 4,the Surety shall,within 90 days of the date when claimant finally
completed its satisfactions of the conditions of Paragraph 4 notify the Claimant of the amounts that are undisputed and the basis for
challenging any amounts that are disputed,including,but not limited to,the lack of substantiating documentation to support the claim as to
entitlement or amount,and the Surety shall pay or make arrangements for payment of any undisputed amount;provided,however,that the
failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part
of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the
Contractor's or Surety's defenses to,or right to dispute,such claim. Rather,the Claimant's sole remedy shall be the immediate right,
without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond.
Paragraph 12 shall be amended to add the following paragraph:
CLAIM NOTICE for the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,ZURICH AMERICAN INSURANCE COMPANY,
COLONIAL AMERICAN CASUALTY AND INSURANCE COMPANY and/or AMERICAN GUARANTEE AND LIABILITY
INSURANCE COMPANY must be sent to the following address: Contract Surety Bond Claims, c/o ZURICH, 1400 American Lane,
Schaumburg,IL 60196.
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY: (Corporate Seal)
Company: Company:
Signature: Signature:
Name and Title:
Name and Title:
Address:
Address:
Printed in cooperation with The American Institute of Architects(AIA)by FIDELITY&DEPOSIT COMPANY OF MARYLAND 3
1400 American Lane Schaumburg, IL.60196 vouches that the language in the document conforms exactly to
the language used in AlA Document A-312,December 1984 FDITION.
ZURICH AMERICAN INSURANCE COMPANY 16C 4
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,
constitute, and appoint Robert E. WILLIAMS,JR., of Brownstown, Indiana, its true and lawful agent and Attorney-in-Fact, to make,
execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of
such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26th day of December,A.D.2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
µwrik� `erg IdPQ4,� /059:71k,
..rte j ./ z e :cp*Po� t
�W ♦\n
SEAL f.(*_.—°ins in7
if 3
4..g.e4r
d idilill .
Assistant Secretary Vice President
Gerald F.Haley Geoffrey Delisio
State of Maryland
City of Baltimore
On this 26th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
GEOFFREY DELISIO,Vice President,and GERALD F.HALEY,Assistant Secretary,of the Companies,to me personally known to be the individuals
and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and
saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,
and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
LO. 00
/ ',''II,Illio',
Maria D.Adamski,Notary Public
My Commission Expires:July 8,2015
POA-F 044-3937A
16C4 .
Bond No, 09080096
Performance Bond
Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY:
MITCHELL&STARK CONSTRUCTION CO.,INC. Fidelity&Deposit Company of Maryland
6001 SHIRLEY STREET 1400 American Lane
NAPLES,FLORIDA 34109 Schaumburg, IL. 60196
OWNER(Name and Address):
COLLIER COUNTY BOARD OF COMMISSIONERS
3301 TAMIAMI TRAIL E
NAPLES,FLORIDA 34112
CONSTRUCTION CONTRACT
Date: 08/05/2014
Amount: $ 609,000.00 Six Hundred Nine Thousand Dollars and No Cents DOLLARS
Description(Name and Location): NCWRF Replace Pumps, Sludge Pump Station 3
BOND
Date(Not earlier than Construction Contract Date): 08/05/2014
Amount: $ 609,000.00 Six Hundred Nine Thousand Dollars and No Cents DOLLARS
Modifications to this Bond: X None
❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: MITCHELL& STARK CONST.CO.,INC. Company: Fideli Deposit Company of Maryland
f Corporate Seal Corporate Seal— 14A,,,..(Signature: Signature:
Name and T. le: BRIAN PENNER Name and Title: Robert E. Williams,Jr.
CEO Attorney In Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER:
OWNER'S REPRESENTATIVE(Architect, Engineer or
other party):
Printed in cooperation with the American Institute of Architects(AIA)by FIDELITY AND DEPOSIT COMPANY
OF MARYLAND 1400 American Lane Schaumburg,IL vouches that the language in the document conforms exactly to the
language used in AIA Document A-312,December 1984 Edition. 1
PRF76002ZZ0601 f
Without Modifications
1604
1 The Contractor and the Surety,jointly and severally,bind may be liable to the Owner and,as soon as prac-
themselves,their heirs,executors,administrators,successors and ticable after the amount is determined,tender pay-
assigns to the Owner for the performance of the Construction ment therefor to the Owner;or
Contract,which is incorporated herein by reference.
.2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contract,the Owner citing reasons therefor.
Surety and the Contractor shall have no obligation under this
Bond,except to participate in conferences as provided in Sub- 5 If the Surety does not proceed as provided in Paragraph 4 with
paragraph 3.1. reasonable promptness,the Surety shall be deemed to be in default
on this Bond fifteen days after receipt of an additional written notice
3 If there is no Owner Default,the Surety's obligation under this from the Owner to the Surety demanding that the Surety perform its
Bond shall arise after: obligations under this Bond,and the Owner shall be entitled to
enforce any remedy available to the Owner. If the Surety proceeds as
3.1 The Owner has notified the Contractor and the Surety provided in Subparagraph 4.4,and the Owner refuses the payment
at its address described in Paragraph 10 below that the tendered or the Surety has denied liability,in whole or in part,
Owner is considering declaring a Contractor Default and has without further notice the Owner shall be entitled to enforce any
requested and attempted to arrange a conference with the remedy available to the Owner.
Contractor and the Surety to be held not later than fifteen days
after receipt of such notice to discuss methods of performing 6 After the Owner has terminated the Contractor's right to com-
the Construction Contract. If the Owner,the Contractor and plete the Construction Contract,and if the Surety elects to act under
the Surety agree,the Contractor shall be allowed a reasonable Subparagraph 4.1,4.2,or 4.3 above,then the responsibilities of the
time to perform the Construction Contract,but such an Surety to the Owner shall not be greater than those of the Contractor
agreement shall not waive the Owner's right,if any, under the Construction Contract,and the responsibilities of the
subsequently to declare a Contractor Default;and Owner to the Surety shall not be greater than those of the Owner
under the Construction Contract.To the limit of the amount of this
3.2 The Owner has declared a Contractor Default and for- Bond,but subject to commitment by the Owner of the Balance of
mally terminated the Contractor's right to complete the con- the Contract Price to mitigation of costs and damages on the
tract.Such Contractor Default shall not be declared earlier Construction Contract,the Surety is obligated without duplication
than twenty days after the Contractor and the Surety have for:
received notice as provided in Sub-paragraph 3.1;and
3.3 The Owner has agreed to pay the Balance of the Contract 6.1 The responsibilities of the Contractor for correction of
Price to the Surety in accordance with the terms of the defective work and completion of the Construction Contract;
Construction Contract or to a contractor selected to perform 6.2 Additional legal,design professional and delay costs
the Construction Contract in accordance with the terms of the resulting from the Contractor's Default,and resulting from the
contract with the Owner.
actions or failure to act of the Surety under Paragraph 4;and
4 When the Owner has satisfied the conditions of Paragraph 3,the
Surety shall promptly and at the Surety's expense take one of the 6.3 Liquidated damages,or if no liquidated damages are
following actions: specified in the Construction Contract,actual damages caused
4.1 Arrange for the Contractor,with consent of the Owner,to by delayed performance or non-performance of the Contractor.
perform and complete the Construction Contract;or
7
4.2 Undertake to perform and complete the Construction The Surety shall not be liable to the Owner or others for obliga-
tions of the Contractor that are unrelated to the Construction
Contract itself, through its agents or through independent
Contract,and the Balance of the Contract Price shall not be reduced
contractors;or or set off on account of any such unrelated obligations.No right of
4.3 Obtain bids or negotiated proposals from qualified con- action shall accrue on this Bond to any person or entity other than
tractors acceptable to the Owner for a contract for perfor- the Owner or its heirs,executors,administrators or successors.
mance and completion of the Construction Contract,arrange
for a contract to be prepared for execution by the Owner and
the contractor selected with the Owner's concurrence,to be 8 The Surety hereby waives notice of any change, including
secured with performance and payment bonds executed by a changes of time, to the Construction Contract or to related sub-
qualified surety equivalent to the bonds issued on the contractors,purchase orders and other obligations.
Construction Contract,and pay to the Owner the amount of 9 Any proceeding,legal or equitable,under this Bond may be
damages as described in Paragraph 6 in excess of the Balance instituted in any court of competent jurisdiction in the location in
of the Contract Price incurred by the Owner resulting from the which the work or part of the work is located and shall be instituted
Contractor's default;or within two years after Contractor Default or within two years after
the Contractor ceased working or within two years after the Surety
4.4 Waive its right to perform and complete,arrange for
completion,or obtain a new contractor and with reasonable refuses or fails to perform its obligations under this Bond,whichever
promptness under the circumstances: occurs first. If the provisions of this Paragraph are void or prohibited
by law,the minimum period of limitation available to sureties as a
.1 After investigation,determine the amount for which it defense in the jurisdiction
Printed in cooperation with the American Institute of Architects(AIA)by FIDELITY AND DEPOSIT COMPANY 2
•OF MARYLAND 1400 American Lane Schaumburg,IL. vouches that the language in the document conforms exactly to the
language used in AIA Document A-312,December 1984 Edition.
16C4
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be Owner in settlement of insurance or other claims for
mailed or delivered to the address shown on the signature page. damages to which the Contractor is entitled,reduced by all
valid and proper payments made to or on behalf of the
11 When this Bond has been furnished to comply with a statutory Contractor under the Construction Contract.
or other legal requirement in the location where the construction
was to be performed,any provision in this Bond conflicting with 12.2 Construction Contract: The agreement between the
said statutory or legal requirement shall be deemed deleted Owner and the Contractor identified on the signature page,
herefrom and provisions conforming to such statutory or other including all Contract Documents and changes thereto.
legal requirement shall be deemed incorporated herein.The intent
is that this Bond shall be construed as a statutory bond and not as 12.3 Contractor Default:Failure of the Contractor, which
a common law bond. has neither been remedied nor waived,to perform or
12 DEFINITIONS otherwise to comply with the terms of the Construction
12.1 Balance of the Contract Price: The total amount payable by Contract.
the Owner to the Contractor under the Construction Contract 12.4 Owner Default:Failure of the Owner,which has neither
after all proper adjustments have been made,including allowance been remedied nor waived,to pay the Contractor as required
to the Contractor of any amounts received or to be received by the by the Construction Contract or to perform and complete or
comply with the other terms thereof.
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:
Printed in cooperation with the American Institute of Architects(AIA)by FIDELITY AND DEPOSIT COMPANY
OF MARYLAND 1400 American Lane Schaumburg,IL. vouches that the language in the document conforms exactly to 3
the language used in AIA Document A-3I2,December 1984 Union
. , .
. . . ,
16C4
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Robert E. WILLIAMS, JR., of Brownstown, Indiana, its true and lawful agent and Attorney-in-Fact, to make,
execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of
such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26th day of December,A.D.2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
L
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.iiiiip#11 4,4 •e,er
BY-
Assistant Secretary Vice President
Gerald F.Haley Geoffrey Delisio
State of Maryland
City of Baltimore
On this 26th day of December, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
GEOFFREY DELISIO,Vice President,and GERALD F.HALEY,Assistant Secretary, of the Companies,to me personally known to be the individuals
and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and
saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,
and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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371
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Maria D.Adamski,Notary Public
My Commission Expires.July 8,2015
POA-F 044-3937A