#14-6213 WO (Douglas N. Higgins, Inc) WORK ORDER/PURCHASE ORDER
Contract 14-6213/Underground Utility Contractors"
Contract Expiration Date: July 7, 2020
This Work Order is for professional construction services for work known as:
Project Name:NCWRF Oxidation{)itch No, 2 Mechanical Upgrade
Project No: 70148.8.1/
The work is specified in the proposal dated February 14,2020 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,Inc,'
Scope of Work: As detailed in the attached proposal and the following:
* Task I NCWRF Oxidation Ditch No. 2 Mechanical Upgrade Construction
* Task H Allowance for Owners Use as Directed
Schedule of Work: Complete work within 275 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# 14-62132kill 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) f Lump Sum Plus
Reimbursable Costs (LS-4-RC) NTime & Material (T&M) (established hourly rate— Schedule A) ❑
Cost Plus Fixed Fee(CPFF), as provided in the attached proposal.
Task I $241,800.00 NLS
Task II $30,000.00'Th
•
TOTAL FEE $271,800.00
PR.EPARF.•,D BY: c �;, ,� _ / P-j P-
Wayne :lovich, Senior Project_ anager Date
Page 1 of 3
L..) ��
APPROVED BY: .._ _r,,,,,,•je (2-1 / p
Crai Pajer, t Manager Date
APPROVED BY:_ I//A) 14„4 _ �
1' in Clunelik,EPMD Director Da e
APPROVED BY. ,SIU ill-- CC, _. __ _ 2 2,0 L4
RManager
Date
VonHolle NCWRF Plant `
APPROVED BY: j , t L �..-- iZt(?.1)Z*0
(
• ••Z, eve Messner,Division Director Date
APPROVED BY: .. .. ��'�xW�Ls2 -- p:3..��c�/ ',.)c,
Jos, r Bell.ne, Operations Support Director Date
^ ,
APPROVED BY: . .. _ ''� L/
4
Dr, George 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 onwhether 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., i:, ,Inc.
ce! :/" -'" —.� ::''' / 26)2 }
id •e1 ' .=ci fS,.Regional Manager- SWFL, Dat
(Remainder of page intentionally left blank)
014/ ij\6\
Page 2 of 3
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.
A I"I E T BOARD OF COUNTY COMMISSIONERS
,G lel, Clerk of Courts COLLIER COUNTY, FLORIDA
. Agg,./. .,e4e0Alblaa.
�� •
Burt L. Saunders, Chairman
„gip s` est as to Chairman's
signature only.
Douglas N. Hi__ins I. c.
or . A,"
-- By: /I fr'.,
First Wi ness , Signa ere'
L Ali kc' /,°4 1,-J ,b,,,,-1(k*,
me
TType/print wi ess naT TType/print signature and titleT 1
,t AGS -"� K
Second Witness
TType/print witness n icT
Ap rovedas to -m nd Legality:
_____
.4serrt'County Attorney
ootvwy
_s ---. R
--re._41_t_11.,______
Print Name
1 \f I'
(7N(..\\
Page 3 of 3
N. .
Date: January 28, 2020
From: Patrick Boyle, Operations Analyst t o e r County
ty
239-252-8941,Telephone Number
Patrick.Boyle(Tcolliercountvfl.aov
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..' Haskins Inc. /
Douglas N. Higgins, Inc.
Quality Enterprises USA, Inc.
As provided in the referenced contract, the County Division is soliciting
quotes for the referenced project.
Project
RFQ 14-6213-205372-2
NCWRF OXIDATION DITCH NO. 2 MECHANICAL UPGRADES
RFQ Due Date: Friday, February 14, 2020 at 3:00 PM
Q&A Deadline: Wednesday, February 12, 2020 at 5:00 PM
230 days to substantial and 275 days to final ,/
Number of Days to Final Completion: completion
Scope Provided `les
Plans and Specs: Yes
Liquidated Damages: $964.00 per day
Payment&Performance Bonds If aver$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
Telephone , mber Number •
Regional Mgr.
Title
Michael Lobello 2/14/20
Print Name Date
cc:Wayne Karlovich, Senior Project Manager
Public Utilities Engineering&Project Management Division 3339 Tamlami Trail East,Suite 303 Naples,Florida 34112 (.1
BID SCHEDULE
COLLIER COUNTY SOLICITATION NO.14-6132-205372-2
OXIDATION DITCH NO. 2 MECHANICAL UPGRADE
NORTH COUNTY WATER RECLAMATION FACILITY(NCWRF)
COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT-EPMD PROJECT N 70148.8,1
Item Estimated
No. Description Units Quantity Cost Per Unit Total
1 Mobilization/Demobilization (Not
to Exceed 10%of Total of items 2-5) Lump Sum 1 $24,000 $24 ppp
2 Demolition Oxidation Ditch No.2 Lump Sum 1 $29,800 $29,800
3 Oxidation Ditch No,2 Mechanical
Upgrades Lump Sum 1 $180,000 $180,000
4 Sludge Pump Station No.2
Modifications Lump Sum 1 $6,000 $6,000
5 Anchor Bolt Replacement Each 4 $500 $2,000
Allowance fund for Owners Use as
Directed.This fund will be used only at
the Owner's direction to accomplish
work due to unforeseen conditions. To be determined.
5
Inclusion of the Allowance Fund aspart 1 $30,000 $30,000
See Specifications
of the Contract Price is not a guarantee
that the Contractor will be paid any
portion or the full amount of the
Allowance Fund.
TOTAL PRICE FOR ITEMS 1 THROUGH 6 $271,800
d \i
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Bond# 35BCSHX4663
011710
AIA Document A312TM 2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Douglas N.Higgins,Inc. of business)
3390 Travis Pointe,Suite A Hartford Accident and Indemnity Company
Ann Arbor,MI 48108 One Hartford Plaza This document has important legal
Hartford,CT 06155-0001 consequences.Consultation with
OWNER: an attorney is encouraged with
(Name, legal status and address) respect to its completion or
modification.
Collier County Board of County Commissioners
3295 Tamiaml Trail E. Any singular reference to
Naples,FL 34112 Contractor,Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
AIA Document A312-2010
Date:1/28/2020 combines two separate bonds,a
Amount:Two Hundred Seventy-one Thousand Eight Hundred And No1100Dollars($271,800.00) Performance Bond and a
Payment Bond,into one form.
Description: This is not a single combined
(Name and location) Performance and Payment Bond,
NCWRF Oxidation Ditch No.2 Mechanical Upgrade
BOND
Date: 2/2712020
(No!earlier than Construction Contract Dale)
Two Hundred Seventy-one Thousand Eight Hundred And No1100Dollars($271,800.00)
Amount:
Modifications to this Bond: ®None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Douglas N.Higgins In. Hartford Accident and Indemnity Company /'
Signature: ./ L-' Signature: \ L ( t i
Name 0 )41(,0), Name Lisa M.Wilmot
and Title: c€ ptftSI ( + and Title: Attorney-in-Fact
(Any additional signatures appear on t e last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other part!)
Hylant Group,Inc.
24 Frank Lloyd Wright Dr.,Ste J4100
Ann Arbor,MI 48105
(734)662-1154
Init. AIA Document A312""-2010.The American Institute of Architects. 061110
1
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Init. AIA Document A312T"—2010.The American Institute of Architects.
2
1
§7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1, 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
1
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents,
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
AIA Document A312T"—2010.The American Institute of Architects.
Init.
3
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that
changes will not be obscured.
Inst. AIA Document A312Tm—2010.The American Institute of Architects.
4
Bond# 35BCSHX4663
ttAIA Document A312TM — 2010
Payment 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
Ann Arbor,MI 48108 One Hartford Plaza This document has Important legal
Hartford,CT 06155.0001 consequences.Consultation with
OWNER: an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
Collier County Board of County Commissioners
3295 Tamiaml Trail E. Any singular reference to
Naples,FL 34112 Contractor, Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: 1/28/2020 AIA Document A312-2010
combines two separate bonds,a
Amount:Two Hundred Seventy-one Thousand Eight Hundred And No1100Dollars($271,800.00) Performance Bond and a
Payment Bond,into one form.
Description: This is not a single combined
(Name and location) Performance and Payment Bond.
NCWRF Oxidation Ditch No.2 Mechanical Upgrade
BOND
Date: 2/27/2020
(Not earlier than Construction Contract Date)
Amount: Two Hundred Seventy-one Thousand Eight Hundred And No/100Dollars($271,800.00)
Modifications to this Bond: E None ❑ See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: j (Corporate Seal) Company: (Corporate Seal)
Douglas N.Higgs c. / Hartford Accide t anal Indemnity Company X
Signature: i, c""y.�-''"` Signature: - (rim '‘,1)‘• ,t _; ,
Name it 1L431 -) Name Lis6 M.Wiimot
and Title: v`4 fl,f) t �✓"7 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
Inst. AIA Document A312""—2010.The American Institute of Architects. osiiio
5
§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 duc 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
perfonned labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312',—2010.The American Institute of Architects.
Init.
6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Inst. AIA Document A312"'—2010.The American Institute of Architects.
7
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
(Space is provided below for additional.signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that
changes will not be obscured.
AIA Document A312T"-2010.The American Institute of Architects.
Init.
8
Direct Inquiries/Claims to:
THE HARTFORD
POWER OF ATTORNEYBOND,T-12
One Hartford Plaza
Hartford,Connecticut 06155
Bond.Claims@thehartford.com
call:888-266.3488 or fax:860.757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: HYLANT GROUP INC/ANN ARBOR
Agency Code: 35-350851
X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of Unlimited :
Susan E. Hurd, Vicki S. Duncan, Terri Mahakian, Monica M. Mills, Kristie A. Pudvan,
Joel E. Speckman, Lisa M. Wilmot of ANN ARBOR, Michigan
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
i , ^ Leo t y e ,•cave 4- °rpT �c;
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John Gray,Assistant Secretary M. Ross Fisher,Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 5th day of January,2018,before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above Instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
• Rustic ,
Kathleen T.Maynard
Notary Public
CERTIFICATE My Commission Expires July 31,2021
I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of -
Signed and sealed at the City of Hartford. Yak +.��r +� •
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Kevin Heckman,Assistant Vice President
POA 2018