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HomeMy WebLinkAbout19-20 A11 Mid-Clay WWTF Phase II Expansion Contract Fully Executed SECTION 0050 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between CLAY COUNTY UTILITY AUTHORITY (Owner) and Wharton-Smith, Inc. (Contractor) Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all necessary permits, labor, equipment, and materials to expand the Mid-Clay WWTF from 1.5 MGD to 3.0 MGD. Work includes, but is not limited to, the following: vortex grit removal system; odor control system at the plant headworks; oxidation ditch in a prestressed concrete tank; 437.5 ft2 travelling bridge filter unit; 10 HP RAS pump with VFD; 40 HP vertical turbine effluent pump with VFD; chemical metering pump skid; yard piping; chain link fencing; sitework; and associated electrical. All materials, methods of construction, and standards must be in accordance with the Authority's approved materials manual, standards, and details. ARTICLE 2 - THE PROJECT 2.01 The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: Mid-Clay WWTF Phase II Expansion Clay County Utility Authority Project No. 2205-077, Bid No. 19/20 Al 1 ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Mittauer & Associates, Inc. 580-1 Wells Road Orange Park, Florida 32073 00500-1 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed no later than 485 days as provided in Paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions no later than 515 days. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $600 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. Time is of the essence for the Contractor to complete their work in a timely manner and as soon as practically feasible. 00500-2 CCUA Project No. 2205-077 Mid-Clay VWVTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2021 ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, and 5.0 B. below: A. For all Work, a Lump Sum of: $ 7,097,000.00 (Numerals) Seven Million Ninety-Seven Thousand Dollars and Zero Cents (Written) All specific cash allowances are included in the above price and have been computed in accordance with Paragraph 11 .02 of the General Conditions. B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make one progress payment per month on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 1st or 3rd Wednesday of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2. A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. Ninety percent (90%) of the Work completed including the cost of materials and equipment stored and secured on the Site, but not incorporated in the Work (with the balance being retainage). If the Work has been fifty percent (50%) completed as determined by Engineer, the retainage shall be reduced to five percent (5%) on all subsequent payment requests. After fifty percent 00500-3 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2021 (50%) completion, if the character and progress of the Work have been satisfactory to Owner and Engineer, Contractor may request payment of up to one-half of the retainage held by the Owner on the entire amount of the Work completed, including the cost of materials and equipment stored and secured on the Site, but not incorporated in the Work. 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to ninety-five percent (95%) of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less one hundred percent (100%) of Engineer's estimate of the value of the Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Project Closeout A. Owner shall develop a list of items required to render complete, satisfactory, and acceptable the Work purchased by Owner. The process for the development of the list, including responsibilities of Owner and Contractor in developing and reviewing the list and a reasonable time for developing the list, are as follows: 1. For construction projects having an estimated cost of less than $10 million, within 30 calendar days after reaching substantial completion of the Work; or 2. For construction projects having an estimated cost of $10 million or more, within 30 calendar days, unless otherwise extended by contract not to exceed 60 calendar days, after reaching substantial completion of the Work. B. If this Agreement between Owner and Contractor relates to Work covering more than one building or structure, or involves a multi-phased Project, the list shall contain items required to render complete, satisfactory, and acceptable all of the Work for each building, structure, or phase of the Project within the time limitations provided in subsection 1, above. C. The failure to include any corrective work or pending items not yet competed on the list developed pursuant to subsection 1 or subsection 2, above, does not alter the responsibility of the Contractor to complete all of the Work. D. Upon completion of all items on the list, Contractor may submit a payment request for all remaining retainage withheld by Owner pursuant to Section 255.078, Florida Statutes (2007) or any successor statute thereto. If a good faith dispute exists as to whether one or more items identified on the list have been completed pursuant to this Agreement, Owner may continue to withhold an amount not to exceed one-hundred fifty percent (150%) of the total costs to complete such items. 00500-4 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2021 E. All items of the Work that require correction under this Agreement and that are identified after the preparation and delivery of the list remain the obligation of Contractor as defined by this Agreement. F. Warranty items may not affect the final payment of retainage as provided in this section or as provided in this Agreement between Contractor and its subcontractors and suppliers. G. Retainage may not be held by Owner or Contractor to secure payment of insurance premiums under a consolidated insurance program or series of insurance policies issued to Owner or Contractor for the Project or a group of projects, and the final payment of retainage as provided in the section may not be delayed pending a final audit by Owner's or Contractor's insurance provider. H. If Owner fails to comply with its responsibilities to develop the list required u der subsection 1 or subsection 2, above, as defined in this Agreement, within the time limitations provided in subsection 1, above, Contractor may submit a payment request for all remaining retainage withheld by Owner pursuant to Section 255.078, Florida Statutes (2007) or any successor statute thereto. Owner need not pay or process any payment request for retainage if Contractor has, in whole or in part, failed to cooperate with Owner in the development of the list or failed to perform its contractual responsibilities, if any, with regard to the development of the list or if Section 255.078 (6), Florida Statutes (2007) or any successor statute thereto applies. 6.04 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All payments due for the Work as provided in Article 14 of the General Conditions and not made within the applicable time limits shall bear interest at the rate specified in Section 255.073 (4), Florida Statutes (2007) or any successor statute thereto. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 00500-5 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2021 B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. See Appendix A for Geotechnical Report. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 00500-6 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project Na 9204-54-1 July 2021 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00500-1 to 00500-10, inclusive). 2. Performance bond (pages 00600-1 to 00600-2, inclusive). 3. Payment bond (pages 00600-1 to 00600-2, inclusive). 4. Other bonds (pages to , inclusive). a. (pages to , inclusive). b. (pages to , inclusive). c. pages to , inclusive). 5. eneral Conditions (C-700, pages 1 to 61, inclusive). 6. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of sheets with each sheet bearing the following general title: Mid-Clay WWTF Phase II Expansion. 9. Addenda (numbers to , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages to , inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). c. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages to , inclusive). b. Work Change Directives. c. Change Order(s). 00500-7 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No. 9204-54-1 July 2021 B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented asm provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions A. WAIVER: The failure of either party to exercise any of its rights is not a waiver of those rights. A party waives only those rights specified in writing and signed by the 00500-8 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2021 party waiving its rights. Oral modification or rescission of this Agreement by an employee or agent of either party, shall not release either party of its obligations under this Agreement, shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof, or of either party's rights or remedies under this Agreement or by law, and shall not operate as a waiver of any of the provisions hereof. B. REMOTE ACCESS: The Owner may grant remote access, if required, to complete the Contractor's contractual obligations. The Contractor by accepting remote access, agrees to comply with the following provisions: 1. The Contractor will make a formal request for remote access if needed. The request will contain the following: (a) The names of any employees that will use the remote connection. (b) The scope of access needed (e.g. single machine, server, or service e.g. phone system). (c) The duration that access is needed. This date should not exceed the length of the contract. (d) List of applications that will be employed over the remote connection. 2. The Contractor shall maintain current industry standard anti-virus and anti- malware tools on the Contractor's IT systems. The Contractor shall maintain up-to-date security patches, hotfixes, security patches and other similar software and firmware changes on the system(s) used to access the remote connection. 3. The Contractor shall take reasonable precautions to prevent the transmission of a computer virus, malware, or other malicious code. 4. The Contractor shall take reasonable precautions to prevent an open connection or port that would allow an unauthorized connection to the Owner's computer, server or system. 5. If the Contractor has suffered a computer virus, intrusion, ransomware, or other cyber-attack that might put Owner's data at risk, the consultant or contractor will notify the Owner, within two (2) hours after discovery. 6. The Contractor shall only use the remote connection for the purposes of fulfilling the Contractor's contractual obligations with the Owner. 7. The Owner reserves the right to change the remote connection application, encryption, or methodology, without prior notice, in order to maintain its secure network. 8. The Contractor shall not share the remote connection. If a subcontractor or vendor requires remote access, the subcontractor or vendor shall contact Owner and make a formal request for a separate remote connection that contains the same information as the Contractor. 00500-9 CCUA Project No, 2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2021 9. The Owner reserves the right to sever the remote connection at any time in order to maintain its secure network. It is the Contractor's responsibility to seek an alternate means to share data. 10. At no time will the contractor attempt to copy, transmit, or store confidential, or Personally Identifiable Information contained in the Owner's computer, server or system. 11. At the conclusion of the contract the Contractor agrees to purge any of the Owner's data that was obtained over the remote connection, and provide a written statement attesting to the data destruction. If the Contractor wishes to retain this data, a formal request must be submitted to the Owner prior to the completion of the contract. 12. The Contractor shall require all its employees, subconsultant(s), vendor(s) and subcontractor(s) to comply with provisions of this paragraph. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on ' IJ (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CLAY OUNTY UTILITYCAUT ITY What`t n-S , I c. By: • - By: ere y . J n ton, P. ., MBA xe ti Or [CORPORATE SEAL] � Attest: _ _ Attest: 1 l \A Address for giving notices: Address for giving notices: 3176 Old Jennings Road 750 Monroe Road Middleburg, Florida 32068 Sanford, FL 32771/' QN3 License No. )C (Where applicable) Agent for service of process: rae-Pali ibN ✓tCE CbrNkPANc.f t 20 I 1-441 �'i t s ) >L SZ-41 -262S 00500-10 CCUA Project No.2205-077 Mid-Clay WWTF Phase ii Expansion STANDARD FORM OF AGREEMENT M&A Project No.9204-54-1 July 2021 (If CONTRACTOR is a corporation or a Partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Warrick Sams, MBA, CPPO Name: Michael Alexakis Title: Construction and Inspection Title: Proiect Executive Services Manager Address: 750 Monroe Road Address: 3176 Old Jennings Road Sanford, FL 32771 Middleburg, Florida 32068 Phone: 407-321-8410 Phone: (904) 213-2403 Facsimile: Facsimile: (904) 213-2469 00500-11 CCUA Project No.2205-077 Mid-Clay WWTF Phase II Expansion STANDARD FORM OF AGREEMENT MB&A Project No.9204-54-1 July 2021 GGU IGNARD AN UNCOMMON BOIID October 04, 2021 Clay County Utility Authority 3176 Old Jennings Road Middleburg, FL 32068 Re: Authority to Date Bonds and Powers of Attorney Principal: Wharton-Smith, Inc. Bond No.: 30135363 Project: Mid-Clay WWTF Phase II Expansion, Clay County Utility Authority Project No. 2205-077, Bid No. 19/20-All Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. Best re rds, W ern Sur t i . -c.,C.- a•1 . Live r Attorney in Fact 1904 Boothe Circle 1 Longwood, I- BOND DEPARTMENT PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a) Bond No. 30135363 Contractor Name Wharton-Smith, Inc. Contractor Address 750 Monroe Road,Sanford, FL 32771 Contractor Phone No.(407)321-8410 Surety Company Western Surety Company Surety Address 151 N. Franklin Street, Chicago, IL 60606 Surety Phone No. (312)822-5000 Owner Name Clay County Utility Authority Owner Address 3176 Old Jennings Road, Middleburg, FL 32068 Owner Phone Number (904)213-2403 Obligee Name N/A (If contracting entity is different from the owner, the contracting public entity) Obligee Address N/A Obligee Phone No. N/A Contract No. (If Applicable) Project Name Mid-Clay WWTF Phase II Expansion, Clay County Utility Authority Project No.2205-077, Bid No. 19/20-A11 Project Location Mid-Clay Waste Water Treatment Facility Legal Description and Street Address 2961-1 Jubilee Lane, Green Cove Springs, FL 32043 Description of Work Expand Mid-Clay WWTF from 1.5 MGD to 3.0 MGD FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that May be preprinted thereon. Bond No. 30135363 SECTION 00600 PUBLIC CONSTRUCTION PERFORMANCE AND PAYMENT BOND BY THIS BOND, We, Wharton-Smith, Inc. , as principal and Western Surety Company , a Corporation, as Surety, are bound to Clay County Utility Authority, an independent special district existing under Chapter 94-491, Laws of Florida, Special Acts of 1994, herein called Owner, in the sum of $ 7,097,000.00, for performance, and the separate and additional sum of$ 7,097,000.00, for payment, for the payment of each of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated NOV tm\)ti , 20 1. , between Principal and Owner for construction of Mid-Clay WWTF Phase II Expansion, the contract being made a part of this Bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3 Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this Bond is void; otherwise, it remains in full force. This Bond is to be deemed a Statutory Bond under Section 255.05, Florida Statutes, the provisions of which are hereby incorporated by reference and made a part hereof. All interested parties are specifically directed to the following provisions regarding time and notice limitations as set out in Section 255.05(2), Florida Statutes: A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of work, furnish the Contractor with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies or, with respect to rental equipment, within 90 days after the date 00600-1 CCUA Project No.2205-077 Mid-Clay WWfF Phase II Expansion PUBLIC CONSTRUCTION PERFORMANCE AND PAYMENT BOND M&A Project No.9204-54-1 July 2021 that the rental equipment was last on the job site available for use, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the Payment Bond or the payment provisions of a combined Payment and Performance Bond after one(1)year from the performance of the labor or completion of delivery of the materials or supplies. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this Bond. Dated On: k Ogiz 0\NO& 1 AO I Principal's Address: Surety's Address: Wharton-Smith, Inc. Western Surety Company 750 Monroe Road, Sanford, FL 32771 151 N. Franklin Street, Chicago, IL 60606 (407) 321-8410 (312) 822-5000 Project Description and Location: Mid-Clay WWTF Phase II Expansion Clay County Utility Authority CCUA Project No. 2205-077 CCUA Bid. No. 19/20-All Whart• Smith, Inc. o ( inci By: - ' Ron-'d F. Davoli, President/CEO Wester - • e om„ •e : 1/ . �, 0` - 1 :�'A fl4'�y e�'�, (Attorn : FL Licensed Resident Agent Inquiries (407) 834-0022 END OF SECTION 00600-2 CCUA Project No.2205-077 Mid-Clay VWVTF Phase II Expansion PUBLIC CONSTRUCTION PERFORMANCE AND PAYMENT BOND M&A Project No.9204-54-1 July 2021 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello, Jennifer L Hindley, Margie L Morris, Deborah Ann DeFoe, Christine A Morton, Allyson Foss Wing, Kelly Phelan, Individually of Longwood,FL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of June,2021. WESTERN SURETY COMPANY fr Y; 'aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 14th day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT PRZ March 2,2026 iO'rt"°"1CO1AP2.- ` S M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of s WESTERN SURETY COMPANY w •Oq 3@ IZ - 0._ CAvA '.:':`d_ L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasuretv.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Client#: 706782 WHARTINC YYY) /Y ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/0 DATE(M4/2021 M/DDM/DD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CQi�TACT NAmE: Marsh& McLennan Agency PHONE 727 447-6481 FAX raft EA): (A/C,No): Bouchard Region A ADDRESS: certificates@bouchardinsurance.com 1 N. Dale Mabry Hwy, Suite#450 INSURER(S)AFFORDING COVERAGE NAIC# Tampa, FL 33609 INSURER A:Amerisure Insurance Company 19488 INSURED INSURER B:Starr Indemnity&Liability Company 38318 Wharton-Smith, Inc. Amerisure Mutual Insurance Company 23396 INSURER C: P Y 750 Monroe Road Amerisure Partners Insurance Company 11050 INSURER D: P Y Sanford, FL 32771 Berkley Assurrance Company 39462INSURER E: INSURER F:Great American Assurance Co 26344 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RR ADDL SUBR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL20361081601 04/01/2021 04/01/2022 EACH gGOCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES[Ea Occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $2,000,000 PRO- PRODUCTS COMP/OP AGG $2+000,000 —� POLICY JECT LOC - OTHER: $ CBIN D AUTOMOBILE LIABILITY I Y Y CA20361071601 04/01/2021 04/01/2022 (EOMaaccidEDenuSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR Y Y CU21171470001 04/01/2021 04/01/2022 EACH OCCURRENCE $20,000,000 B X EXCESS LIAB CLAIMS-MADE Y Y 1000585014211 04/01/2021 04/01/2022 AGGREGATE $20,000,000 F DED X RETENTION SO Y Y EXC3284641 1D4/01/2021 04/01/2022 $ C WORKERS COMPENSATION Y WC203610915 04/01/2021 04/01/2022 X STATUTE ERH AND EMPLOYERS'LIABILITY ANY IPROPRIET ER/P RTNER E ECUTIVE YN N/A E.L EACH ACCIDENT $1,000,000 OFFER/MEM(Mandatory In NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 G Rented Equipment UM00024961MA21A 04/01/2021 04/01/2022 2,500,000 E Pollution Liab Y PCADB50141490421 04/01/2021 04/01/2022 5,000,000 E Professional Liab I PCADB50141490421 04/01/2021 04/01/2022 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT:Mid-Clay WWTF Phase II Expansion CCUA Project No. 2205-077 M&S Project No.9204-54-1 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION ANY OFBE Clay County Utility Authority THELD EXPIRATION E DATE E VT ER OFDESCRE D NOTICE ELLED WILL ES CBE CDELIVEREDORE IN 3176 Old Jennings Road ACCORDANCE WITH THE POLICY PROVISIONS. Middleburg, FL 32068-3907 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD IlCA704Ar14/111R1 AR1 Al on.ITF DESCRIPTIONS (Continued from Page 1) Insurers Affording Coverage Continued: Insurer G-XL Specialty Insurance Company-Rented Equipment Coverage Blanket Loss Payee applies for Rented and Leased Equipment. Rented and Leased Equipment deductible: $2,500 standard deductible. 2%subject to a$10K minimum deductible applies to all rented cranes. Certificate holder is additional insured as respects General Liability,Automobile Liability, Pollution Liability and Umbrella/Excess Liability policies only if required by written contract, and subject to the terms,conditions and exclusions as specified in the policies. Coverage is primary as respects to General Liability&Automobile Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. Waiver of subrogation applies in favor of certificate holder as respects General Liability,Automobile Liability and Workers Compensation only if required by written contract,and subject to the terms, conditions and exclusions as specified in the policy. It is agreed by endorsement to the General Liability,Automobile Liability and Workers Compensation policy that this policy shall not be cancelled by the insurance carrier without first giving thirty(30)days prior written notice except for nonpayment of premium or if the first named insured elects to non renew. Umbrella/Excess Liability policies follow the forms/endorsements of the underlying General Liability, Automobile Liability and Workers Compensation policies. SAGITTA 25.3(2016/03) 2 of 2 #58793403/M8146161 BUILDER'S RISK COVERAGE NAMED INSURED: Wharton-Smith, Inc. COMPANY: XL Specialty Insurance Company NAIC#37885 AM Best Rating: A (Excellent), XV ($2 Billion or greater) POLICY TERM: 4/1/2021 - 4/1/2022 POLICY NUMBER: UM00024960MA21A COVERED PROPERTY AND PREMISES DESCRIPTION New construction and remodeling of waste or water treatment plants; new construction and non- structural renovations of commercial buildings at various premises within the state of Georgia, Florida, North Carolina, South Carolina, Virginia, Mississippi, Alabama, Louisiana, Texas and Tennessee SUMMARY COVERAGE LIMIT OF INSURANCE Covered Property at Premises Described Above— $2,500,000 Consisting of Frame or Joisted Masonry Construction Covered Property at Premises Described Above— Consisting of Non-Combustible, Masonry Non- $100,000,000 Combustible, Semi Fire-Resistive and Fire-Resistive Construction (Including Water Treatment Plants Except on Islands) Covered Property at Premises Described Above— On Islands (Water Treatment Plant Projects Only) $5,000,000 Soft Costs $1,000,000 DEDUCTIBLE OR WAITING PERIOD COVERAGE DEDUCTIBLE OR WAITING PERIOD All Coverages Unless Otherwise Specified Below $5,000 projects $50,000,000 and under. $25,000 on projects over $50,000,000. 12.5%, Subject to $500,000 minimum Named Storm — On Islands on projects up to $8M. 10.0%, Subject to $500,000 minimum on projects over $8M. 2%, Subject to $5,000 Minimum on Named Storm —Water Treatment Plant Projects projects $50,000,000 and under. Only 2%, Subject to $25,000 minimum of projects over $50,000,000._ 5%, Subject to $5,000 Minimum on Named Storm — Frame, Joisted Masonry or Non- projects $50,000,000 and under. Combustible Construction 5%, Subject to $25,000 minimum on projects over $50,000,000. 2%, Subject to $5,000 Minimum on Named Storm — Masonry Non-Combustible, Semi projects $50,000,000 and under. Fire-Resistive or Fire-Resistive Construction 2%, Subject to $25,000 minimum of projects over $50,000,000. Flood —Zones C or X (Unshaded) $25,000 Flood —Zone B or Shaded X $50,000 Flood —All Other Zones and Water Treatment $500,000 Projects on Islands Earth movement and Volcanic Eruption "Pacific Northwest Seismic Area" "High Hazard Seismic 1% Subject to $50,000 Minimum Zones" Earthmovement and Volcanic Eruption "New 1% Subject to $50,000 Minimum Madrid Seismic Area" Earthmovement and Volcanic Eruption —All $25,000 Other SUBLIMITS COVERAGE LIMIT OF INSURANCE Flood — Per Occurrence —Zone C or Unshaded X $75,000,000 Flood — Per Occurrence —Zones B & Shaded X $15,000,000 Flood — Per Occurrence —All Other Zones $1,000,000 Flood — Per Occurrence — Islands jWaste Water Treatment Plants Only) $500,000 Flood Annual Aggregate $75,000,000 Earth Movement and Volcanic Eruption — Pacific Northwest $1,000,000 Seismic Area, High Hazard Seismic Zones Earth Movement and Volcanic Eruption — New Madrid $10,000,000 Seismic Area Earth Movement and Volcanic Eruption — Per Occurrence $50,000,000 Earth Movement and Volcanic Eruption —Annual Aggregate $50,000,000 Windstorm or Hail — Premises Located on Islands $2,500,000 COVERAGE TERMS • Maximum Limit of Insurance: $100,000,000 • Valuation Clause: Replacement Cost • Co-Insurance: 0% • Additional Coverages — Testing: Electrical, Mechanical, Pneumatic and Hydrostatic • Equipment Breakdown Endorsement • Loss of Use Coverage Endorsement • Permission to Occupy Endorsement • Additional Covera•e Limit for Valuable Pa•ers - $250,000 ADDITIONAL COVERAGE LIMIT OF INSURANCE Contract Penalty $250,000 Debris Removal $500,000 / 25% Extra and Expediting Expenses $50,000 Fire Department Service Charge $25,000 Fire Protection Systems $25,000 Increase in Construction Costs $200,000 / 10% Landscaping and Signs $100,000 Limited Coverage for "Fungi", Wet Rot and Dry Rot $25,000 Loss Adjustment Expenses $5,000 Demolition Cost and Increased Cost of Construction $500,000 Pollutant Cleanup and Removal $25,000 Preservation of Property Covered Property in the Open $25,000 Property that Supports your Business $50,000 Reimbursement for Returning Stolen $10,000 Property Reward Coverage $5,000 Site Preparation Covered Sewer and Drain Backup Covered Sinkhole Collapse Covered Temporary Premises $1,000,000 Temporary Structures $25,000 Transit $1,000,000 Unintentional Errors and Omissions $25,000 Virus, Harmful Code or Similar Instruction $10,000 Voluntary Parting $25,000