HomeMy WebLinkAboutBliss Products and Services Inc Construction Agreement - Central Winds Playground Improvements - 2019 03 05 CONSTRUCTION AGREEMENT
THIS AGREEMENT is made this 5 h dao March,2019 by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and Bliss Products and
Services.lnc.a Cojporation authorized and duly licensed to do business in the State of Florida(herein
referred to as CONTRACTOR),as follows:
I DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with
the Contract Documents for the Installation of all la and ectuioment and noured in Dlace
p1gyaround surfacing as detailed in the response to Winter Stirings RFP 012-18-SB and as
agreed to desiLm details negotiated and denicted on the Bliss Products drawinpas dated
February 6.2019.
2, CONTRACT DOCUMENTS-The Contract Documents consist of this Agreement; and the
construction documents, plans and specifications inclusive of the design documents provided
by Bliss Products dated February 6, 2019; General Conditions, if any; Supplemental Terms
and Conditions by the City, if any; all Change Orders approved by the City after execution of
this Agreement. These Contract Documents are hereby incorporated into this Contract by this
reference. The CONTRACTOR represents and agrees that it has carefully examined and
understands this Agreement and the other Contract Documents, has investigated the nature,
locality and site of the Work and the conditions and difficulties under which it is to be
performed and that it enters into this Agreement on the basis of its own examination,
investigation and evaluation of all Such matters and not in reliance upon any opinions or
representations of the OWNER, or of any of their respective officers, agents, servants, or
employees.
3. ORDER OF PRECEDENCE -In case of any inconsistency in any of the documents bearing
on the Agreement between the OWNER and the CONTRACTOR,the inconsistency shall be
resolved by giving precedence in the following order:
a. Agreement Exhibits and Addenda;Contractor's Bid Submittal
b. Change Orders
c. Supplemental Terms and Conditions
d. General'T'erms and Conditions
e. Engineering Plans and Drawings
f [OTHER]
Any inconsistency in the work description shall be clarified by the OWNER and performed by
the CONTRACTOR.
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4. AGREEMENT INTER11RETATION - At its discretion, during the course of the work,
should any errors, ambiguities, or discrepancies be found in the Contract Documents, the
OWNER at its sole discretion will interpret the intent of the Contract Documents and the
CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry
out the work in accordance with the decision of the OWNER.
S. BIL4,ND NAME, MATERIALS - Whenever Materials or Equipment are specified or
described in the Drawings or Specifications by using the name of a proprietary item or the
name of a particular Supplier,the naming of the item is intended to establish the type,function
and quality required. The CONTRACTOR. will be responsible for all coordination necessary
to accommodate the material, article, or equipment being provided without additional cost to
the OWNER. Unless the name is followed by words indicating that no substitution is
permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent
to the brand name specified and CONTRACTOR certifies in writing that the proposed
substitute will perform adequately the functions called for by the general design, be similar
and of equal substance to that specified and be suited to the same use and capable of
performing the same function as that specified. The OWNER has full discretion to decide
whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in
writing Prior to use of the substitute for a specified brand name and allow the OWNER to
make a determination before CONTRACTOR uses the substitute.
6. CONT RACTTIME-
(a) All provisions regarding Contract Time are essential to the performance of this
Contract.
(b) The Work shall be substantially completed as described in the General Conditions,
within One Hundred Twenty (120) calendar days after the date when the Contract Time
begins to run as provided in the General Conditions. The Work shall be finally completed,
ready for Final Payment in accordance with the General Conditions, within thirty (30)
calendar days after the actual date of Substantial Completion.
(c) The parties acknowledge that the Contract Time provided in this Section includes
consideration of adverse weather conditions common to Central Florida including the
possibility of hurricanes and tropical storms.
(d) If applicable to the particular Work required by this Agreement, Float time is
allocated specifically to the Contractor's responsibility for coordination of utility relocations as
described in the General Conditions and is included in the Contract Time provided by this
Section. OWNER will not consider any Contract Time extensions related to utility
coordination matters including, but not limited to, utility relocations and conflicts, unless the
utility relocation delays exceed the float time and also extend the Project Schedule's Critical
Path,
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(e) In the event that the Work requires phased construction, then multiple points of
Substantial Completion may be established in the Supplementary Conditions,
7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph 6 above, plus any extensions
thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR
also recognize the delays,expense,and difficulties involved in proving in a legal or arbitration
preceding the actual loss suffered by OWNER if the Work is not substantially complete 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 $250.00 for each day that expires after the time specified in Paragraph 6 for
substantial completion until the work is substantially complete and 5250.00 for each day that
expires after the time specified in Paragraph 6 for final completion until the work is finally
complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00)
Dollars as consideration for this provision. The liquidated damages provided in this Section
are intended to apply even if CONTRACTOR is terminated, in default, or if the
CONTRACTOR has abandoned the Work.
8. CONIH&CT PRICE, UNIT PRICE CONI'RACT - The OWNER will pay the
CONTRACTOR in current funds for the performance of the work in accordance with the
Contract Documents, subject to additions and deductions approved by Change Order, the
Total Contract Price of Four Hundred Fiftv-Three Thousand Eiaht Hundred Ninetv-One
Dollars and 77/100 ($453,891.77). CONTRACTOR agrees to accept the Contract Price as
full compensation for performing all Work,furnishing all Materials,and performing all Work
embraced in the Contract Documents.
The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included
in CONTRACTOR's Total Bid all costs of any nature relating to: (1) performance of the
Work under Florida weather conditions; (2) applicable law, licensing, and permitting
requirements; (3) the Project site conditions, including but not limited to, subsurface site
conditions;(4)the terms and conditions of the Contract Documents, including,but not limited
to,the indemnification and no damage for delay provisions of the Contract Documents.
The CONTRACTOR acknowledges that performance of the Work will involve significant
Work adjacent to, above, and in close proximity to Underground Facilities including utilities
which will require the support of active utilities, as well as,the scheduling and sequencing of
utility installations,and relocations(temporary and permanent)by CONTRACTOR.
(1) In addition to the acknowledgments previously made, the CONTRACTOR
acknowledges that the CONTRACTOR's Total Bid (original Contract Price)
specifically considered and relied upon CONTRACTOR's own study of Underground
Facilities, utilities in their present, relocated (temporary and permanent) and proposed
locations,and conflicts relating to utilities and Underground Facilities.
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(2) The CON]I RACTOR acknowledges that CONTRACTOM Total Bid (original
Contract Price) considered and included all of CONTRACTOR'S costs relating to
CONTRACTOR's responsibilities to coordinate and sequence the Work of the
CONTRACTOR with the work of the OWNER, if any,with its own forces,the work
of other contractors,if any,and the work of others at the Project site.
Payments will be made to the CONTRACTOR for actual quantities installed on the
basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as
fully a part of the Contract as if attached or repeated herein. Where the Contract
Documents provide for Unit Price Work, the Contract Price stated in the Agreement
will include for all Unit Price Work an amount equal to the sum of the Unit Prices for
each item of Unit Price Work times the estimated quantity of each item as indicated in
the Contract Documents. Each Unit Price will be deemed to include an amount
considered by CONTRACTOR to be adequate to cover all costs, including
supplemental and administrative costs,and profit.
9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEmEs- The
OWNER reserves the right to revoke and terminate this Agreement and rescind all fights and
privileges associated with this Agreement, without penalty, for convenience. Further, the
OWNER reserves the right to revoke and terminate this Agreement in the following
circumstances,each of which shall represent a default and breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days after
written notice from the OWNER specifying the default complained of, unless, however,
the nature of the default is such that it cannot, in the exercise of reasonable diligence, be
remedied within seven. (7) calendar days, in which case the CONTRACTOR shall have
such time as is reasonably necessary to remedy the default,provided the CONT RA.CTOR.
promptly takes and diligently pursues such actions as are necessary therel'ore;or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent,or is unable or unwilling to pay its debts;
or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder;or
d. CONTRACTOR has committed any act of fraud upon the OWNER;or
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while
performing its obligations under this Agreement;or
f. CONTRACTOR is experiencing a labor dispute,which threatens to have a substantial,
adverse impact upon performance of this Agreement without pNiudice to any other right,
or remedy OWNER may have under this Agreement,
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Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the
OWNER shall have the right to exercise any other remedy the OWNER may have by
operation of law,without limitation,and without any further demand or notice. In the event of
such termination, OWNER shall be liable only for the payment of all unpaid charges,
determined in accordance with the provisions of this Agreement, for Work property
performed prior to the effective date of termination
I O� FORCE MAJEURE-Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor
force); extraordinary breakdown of or damage to OWNER's affiliates'generating plants,their
equipment,or facilities;court injunction or order; federal and/or state law or regulation; order
by any regulatory agency; or cause or causes beyond the reasonable control of the party
affected; provided that prompt notice of such delay is given by such party to the other and
each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If
any circumstance of Force Majeure remains in effect for sixty days,either party may terminate
this Agreement.
11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed
invalid, against public policy, void, or otherwise unenforceable by a court of law,the parties,
at the sole discretion and option of the OWNER,shall negotiate an equitable adjustment in the
affected provision of this Agreement.The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable
12. PROGRESS PAYNTS - OWNER. shall make progress payments on account of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the
OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in
accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied,
K CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompts and proper payments for labor,materials,or
equipment furnished him;
d. Another contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job;or
C. In the opinion of the OWNER that CONTRACTOR's work is not progressing
satisfactorily.
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13, FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout
the project in accordance with the Local Government Prompt Payment Act ("Act'"). After
50% completion of the prcject, OWNER shall reduce to 5% the amount of the retainage
withheld from each subsequent progress payment made to the CONTRACTOR, unless the
project is subject to Federal funding,in whole or in part,and the project is subject to laws and
regulations contrary to the Act. The term "50% completion of the project" shall mean the
point at which the OWNER has expended 50% of the total cost of the construction services
purchased under this Agreement together with all costs associated with existing change orders
and other additions or modifications to the constructions services provided for in this
Agreement. After 50% completion, the Contractor may present to the OWNER a payment
request for tip to one-half of the retainage held by the OWNER. Owner shall promptly make
payment to the CONTRACTOR unless the OWNER has grounds, under the Act, for
withholding the payment of the retainage. The remaining retainage amount withheld shall be
released with the Final Payment after the issuance of the Final Completion Certificate.
OWNER shall make final payment to CONTRACTOR.within thirty(30)days after the work
is fully and properly completed, if the contract has been fully and timely performed, but
subject to the condition that final payment shall not be due until CONTRACTOR has
delivered to OWNER a complete release of liens arising out the contract,or receipt releases of
lien fully covering all labor, materials and equipment for which a lien could be,filed,or in the
alternative a bond satisfactory to OWNER indemnifying him against such claims,
By making payments OWNER does not waive claims including but not limited to those
relating to:
a. Fault),work appearing after substantial completion has been granted;
b. Work.that does not comply with the Contract Documents:
c. Outstanding claims of liens;or
d. Failure of Contractor to comply with any special guarantees required by the
Contract Documents.
Progress payments may be withheld if Work is found defective and not remedied;
CONTRACTOR does not make prompt and proper payments to subcontractors;
CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him; a subcontractor is damaged by an act for which
CONTRACTOR is responsible; claims of liens are filed on the job; or in the opinion of
the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Furlher,
OWNER may withhold additional retainage in anticipation of liquidated damages equal
to the product of the number of Days after the scheduled Contract Time (Substantial
Completion or Final Completion) and the amount of liquidated damages set forth in this
Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the
Work will not be completed within the Contract Time. Tile additional retainage, under
this subsection, may at the OWNER'S discretion be withheld from subsequent Progress
Payments. Any additional retainage held under this subsection shall be released to
CONTRACTOR in the next Progress Payment following the OWNER's approval of a
(Ao"/
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supplemental Progress Schedule demonstrating that the requisite progress will be
regained and maintained as required by the General Conditions.
14. DESIGNATION OF PROJECT MANAGER OR ARCI ECT OR LANDSCAPE
ARCHITECT: DUTIES AND AUfHORITY - The duties and authority of the OWNER
are as follows:
a. General Administration of Contract. The primary function of the OWNER is to
provide the general administration of the contract. In performance of these duties, Guy
Meyers or his authorized representative is the OWNER's Project Manager during the
entire period of construction. The OWNER (CITY) may change the Project Manager
during the term of this contract.
b. 111SDeCti0nS. 02inions,and Progress Re rts The OWNER shall be kept fwniliar
with the progress and quality of the work by CONTRACTOR and may make periodic
visits to the work site. The OWNER will not be responsible for the means of construction,
or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's
failure to perfonn the work in accordance with the Contract Documents.
c. Access to Worksite for Ins2ections. The OWNER shall be given free access to the
worksite at all times during work preparation and progress. The Project Manager is not
obligated to make exhaustive or continuous on site inspections to perform his duties of
checking and reporting on work progress, and any such inspections shall not waive
Owner's claim regarding defective work by Contractor.
d. Interpretation of Contract Documents: Decisions on Disiputes. The OWNER will
be the initial interpreter of ffic contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e. Rejection and Stop2ne of Work. The OWNER shall have authority to reject work
which in its opinion does not conform to the Contract Documents,and in this connection
may stop the work or a portion thereof,when necessary.
f. Payment Certificates. The OWNER will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications and
OWNER's inspections and observations, and will issue certificates for progress payments
and final payments in accordance with the terms of the Contract Documents.
15. 11-vROGRESS MIEETING — OWNER'S Project Manager may hold periodic progress
meetings on a monthly basis, or more frequently if required by the OWNER,during the term
of work entered into under this Agreement. CONTRACTOR!s Project Manager and all other
appropriate personnel shall attend such meetings as designated by the OWNER'S Project
Manager.
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16. RESPONSIBILITIE S OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
a. Resnonsibilib far,SuDervisjon and. Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Disci line and Fm la CONTRACTOR shall maintain at all times strict
discipline among his employees,and he agrees not to employ for work on the project any
person unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishine of Labor.Materials etc. CONTRACTOR shall provide and pay for all
labor, materials and equipment, including tools, construction equipment and machinery,
utilities, including water,transportation, and all other facilities and work necessary for the
proper completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits, necessary for proper completion of the work, paying the
fees thereof. CONTRACTOR warrants that, it (and subcontractors or tradesmen, if
authorized in the Contract Documents)hold or will secure all trade or professional licenses
required by law for CONTRACTOR to undertake the contract work.
e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent
provided in the Plans, Specifications, General Conditions, Special Conditions and other
Contract Documents. The CONTRACTOR shall remove,replace and/or repair at its own
expense and at the convenience of the OWNER any faulty, defective or improper Work,
materials or equipment discovered within one(1)year from,the date of the acceptance of
the project as a whole by the Owner or for such longer period as may be provided in the
Plans, Specifications, General Conditions, Special Conditions or other Contract
Documents. Without limiting the generality of the foregoing, the CONTRACTOR
warrants to the OWNU".R,that all materials and equipment famished under this Agreement
will be of first class quality and new, unless otherwise required or permitted by the other
Contract Documents, that the Work performed pursuant to this Agreement will be free
from defects and that the Work will strictly conform with the requirements of the Contract
Documents. Work not conforming to such requirements, including substitutions not
properly approved and authorized,shall be considered defective. All warranties contained
in this Agreement and in the Contract Documents shall be in addition to and not in
limitation of all other warranties or remedies required and/or arising pursuant to applicable
law. Furthermore, CONTRACTOR will provide written guarantee for work and materials
for one (1) calendar year after acceptance by OWNER. The one (1) period is not a
limitation upon manufacturer warranties or CONTRACTOR's payment and performance
Bond(s).
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17. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any
rights or any monies due or to become due hereunder without the prior,written consent of the
OWNER.
a. If upon receiving written approval from OWNER, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to
OWNER for all acts and/or emissions performed by the subcontractor as if no subcontract
had been made.
b. If OWNER determines that any subcontractor is not performing in accordance with
this Agreement,OWNER shall so notify CONTRACTOR who shall take immediate steps
to remedy the situation.
c. If CONTRACTOR,prior to the commencement of any Work subcontracts any part of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to
provide OWNER and its affiliates with insurance coverage as set forth by the OWNER.
18. TMRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights
or benefits to anyone other than OWNER and CONTRACTOR.
19. PROHIBITION AGAINST CONTINGENT FEES- CONTRACTOR wan-ants that it has
not employed or relained any company or person, other than a bona fide ernployee working
solely for the CONTRACTOR.,to solicit or secure this Agreement,and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the CONTRACTOR, any fee, commission, percentage, g,ift, or
other consideration contingent upon or resulting from the award or making of this Agreement.
20. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties and neither patty is authorized to, nor shall
either party act toward third persons or the public in any manner which would indicate any
such relationship with the other party.
21. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its
officers, employees, and city attorneys (individually and in their official capacity, from
liability, losses,darnages,and costs, including,but not limited to,reasonable attorney's fees,to
the extent caused by the negligence, recklessness or intentional wrongful misconduct of
CONTRACTOR and persons employed or utilized by CONTRACTOR in the perfortnance of
this Agreement,
Theindemnification provided above shall obligate the CONTRACTOR to defend at its own
expense or to provide for such defense, at the option of the OWNER, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the OWNER or its officers, employees, and city attorneys which may
covered by this indemnification. In all events the OWNER and its officers, employees, and
city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with this indemnification provided herein.
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In consideration of the CONTRACTOR!s indemnity obligations, OWNER specifically agrees
to pay the CONTRACTOR the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS
($250.00) or ONE PERCENT (1%) OF 111E CONTRACT SUM WHICHEVER IS
GREA'fER. "rhe CONTRACTOR acknowledges receipt of the specific consideration for
CONTRACTOWs indemnification of OWNER and that the specific consideration is included
in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of
which is acknowledged.
22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and agents
while performing work provided hereunder.
23. 'CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and warrants to the OWNER the following:
a. CONTRACTOR is duly registered and licensed to do business in the State or Florida
and is in good standing under the laws of Florida,and is duly qualified and authorized to
carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power,authority,and the legal
right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and performance hereof by
CONTRACTOR has been duly authorized by the board of directors and/or president of
CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a
copy to the OWNER of a corporate certificate of good standing provided by the State of
Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the
work stated in paragraph 1.0 herein. In support of said representation, CONTRAC'"FOR
agrees to provide a copy of all said licenses to the OWNER prior to the execution of this
Agreement.
24. BOND-CONTRACTOR shall supply a materials,performance and payment bond(s)in form
approved by the OWNER and in accordance with Florida low and in an amount specified in
the Contract Documents.
25. INSURANCE-During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth tinder this Paragraph.
Additionally, all independent contractors or agents employed by CONTRACTOR to
perfon-n any Work hereunder shall fully comply with the insurance provisions contained in
these Contract Documents.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
ininimum amount of $1,000,000 as the combined single limit for each occurrence to
protect the CONTRACTOR from claims of property damages which may arise from any
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Work performed under this Agreement whether such Work are performed by the
CONTRACTOR or by anyone directly employed by or contracting with the
CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in
the minimum amount of$1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
the CONTRACTOR from claims for damages for bodily injury,including wrongful death,
as well as from claims from property damage,which may arise from the ownership, use,
or maintenance of owned and non-owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law and
Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its
employees performing Work for the OWNER pursuant to this Agreement.
d. The CONTRACTOR shall maintain comprehensive installer's insurance, which shall
cover CONTRACTOR'S labor, and any materials and equipment to be used for
completion of the Work performed under this Agreement, against all risks of direct
physical loss, excluding earthquake and flood, for a minimum amount of $100,000.
CONTRACTOR shall maintain the builder risk insurance required by this subsection until
the date a certificate of occupancy is issued issuance of a certificate of occupancy for the
Work.
e. Current, valid insurance policies meeting the requirements herein identified shall be
maintained during the term of this Agreement A copy of a current Certificate of Insurance
shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this
Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal
certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall
also be a 30-day advance written notification to the OWNER in the event of cancellation
or modification of any stipulated insurance coverage. The OVVNER shall be an
additional named, insured on all stipulated insurance policies as its interest may
appear, from time to time, excluding worker's compensation and professional
liability policies.
26. ME121.AT1Q&VENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in
mediation.The parties agree to equally share the cost of the mediator, Should the parties fail to
resolve their differences through mediation, then any cause of action filed hereunder shall be
filed in the Circuit or County Court for SEMINOLE County,Florida.
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27. GOVERNING LAW & VENUE - This Agreement is made and shall be interprcted,
construed, governed,and enforced in accordance with the laws of the State of Florida. Venue
for any state action or litigation shall be SEMINOLE County, Florida, Venue for any federal
action or litigation shall be Orlando,Florida.
28, ATTORNEY'S FEES-Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover
from the non-prevailing party the costs and expenses of such action including,but not limited
to,reasonable attorney's fees,whether at settlement,trial or on appeal.
29. NOTICES -Any notice or approval under this Contract shall be sent, postage prepaid,to the
applicable party at the address shown on the first page of this Contract,
30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed
hereunder, it is specifically understood and agreed to by and between the patties hereto that
the contractual relationship between the OWNER and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the OWNER. The
CONTRACTOR, its contractors, partners, agents, and their employees are independent
contractors and not employees of the OWNER.Nothing in this Agreement shall be interpreted
to establish any relationship other than that of an independent contractor, between the
OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or
agents,during or after the performance of the Work under this Agreement,
31. DOCUMENTS-Public Records: It is hereby specifically agreed that any record,document,
computerized information and program, audio or video tape, photograph, or other writing of
the CONTRACTOR and its independent contractors and associates related, directly or
indirectly,to this Agreement, may be,deemed to be a Public Record whether in the possession
or control of the OWNER or the CONTRACTOR. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of the
CONTRACTOR is subject to the provisions of Chapter H 9, Florida Statutes,and may not be
destroyed without the specific written approval of the O"ER's City Manager. Upon request
by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to
the OWNER. All books, cards, registers, receipts,documents, and other papers in connection
with this Agreement shall at any and all reasonable times during the normal working hours of
the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of
examination and/or audit.
The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and
subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any
document produced by CONTRACTOR under this Agreement constitutes a Public Record;
CONTRACTOR shall comply with the Florida Public Records Law
32. SOVEREIGN IMTvRJNITY - Notwithstanding any other provision set forth in this
Agreement,nothing contained in this Agreement shall be construed as a waiver of the CITY'S
right to sovereign immunity Linder Section 768.28, or other limitations imposed on the
CITY'S potential liability under state or federal law,
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33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to
be construed as part of this Agreement.
34. INTEGRATION. MODIFICATION - The drafting, execution, and delivery of this
Agreement by the Parties has been induced by no representations, statements, warranties, or
agreements other than those expressed herein. This Agreement embodies the entire
understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless
expressly referred to herein. Modifications of this Agreement shall only be made in writing
signed by both parties.
35. 'WAIVER AND ELECTION OF REMMPW, - Waiver by either patty of any tenris, or
provision of this Agreement shall not be considered a waiver of that tenon, condition, or
provision in the future. No waiver, consent; or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
each party hereto. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
36, DRAFTINg - OWNER and CONTRACTOR each represent that they have both shared
equally in drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
37. NOTICE-Any notices required to be given by the terms of this Agreement shall be delivered
by hand or mailed,postage prepaid to:
For CONTRACTOR:
Bliss Products
Attn:Gregg Bliss
6831 S.Sweetwater Rd.
Lithia Springs,GA 30122
(770)920-1934
For OWNER:
City of Winter Springs
Attn:Kevin L. Smith
1.126 E. State Road 434
Winter Springs,Florida 32708
(407)327-1800
Either party may change the notice address by providing the other party written notice of the
change,
Page 14
Winter Springs Central Winds Playground Improvements
38. CONFLICT OF INTERE ST.
(a) The CONTRACTOR agrees that it will not engage in any action that would create a
conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or
which would violate or cause others to violate the provisions of Part III,Chapter 112,Florida Statutes,
relating to ethics in government and the OWNER's Personnel Policies.
(b) The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER
has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent
(5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and
that no such person shall have any such interest at any time during the term of this CONTRACT.
(c) Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that
monies received from the OWNER pursuant to this Agreement will not be used for the purpose of
lobbying the Legislature or any other State or Federal Agency.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal on the date first
above written.
CITY OF WINTER SPPJ
.W
By:
Ke n L. Smit C. Manager
Date:
Al"FEST-
Andrea Clerk
Page 16
Winter Springs Central Winds Playground improvements
Signed,sealed and delivered in the CONTRACTOR
presence of the following witnesses:
0,
Signature of"Witness By: Q2
14-( H Print name/title:
Printed Na c of Witness
Date:
s4laturc Witness
Printed Name of Witness
STATE OF GEORGIA
COUNTY OF DOUGLAS
The foregoing instrument was acknowledged before me this 51 day of March, 2019, by gus
Bliss, the Representative of Bliss Products and Services who is personally known to me
or who produced as identification and who did take an
oath.
(N,o!W Public
Signature)
(Print Name)
Notary Public, State of Georgia
Commission No.:
My Commission Expires:
ISO
UG Z' Z
Ckjh
EXHIBIT"A"
SCOPE OF WORK
Central Winds Park Playground Improvements
March 5, 2019
Provide all labor, materials, tools, equipment, permits, supervision, licenses, inspections,
coordination, and layout needed to erect and construct the"Custom Playground Equipment" and
"Poured in Place Rubber Surface". Scope of work described and required by the contract
documents, shall meet with all state and local codes. In all instances, except as specifically
excluded below, the work and obligations of the "contractor" as described in the contract
documents and state and local codes shall be the responsibility of the Contractor for this package
of work. The work performed shall include, but not be limited to,the following:
1 Contractor is responsible for the review of the contract documents and is to
immediately advise the City of Winter Springs of any adverse factors, conflicts, or
ambiguities, which might affect the execution of the contract work. Contractor is
responsible to review all scope category descriptions and contract documents and
coordinate their work accordingly. Contractor agrees to incorporate into his/her
contract and coordinate his work with the requirements of all subsequent documents.
a. Provide all labor, materials, tools, and equipment required for the complete
installation of all custom playground equipment, Separate structures for
age groups 2 through 5 and 5 through 12, swings, shades, signs, benches
and poured in place rubber surfacing as presented in the proposal from Bliss
Products and Services, Inc., dated September 19, 2018, REVISED February 6,
2019.
b. Playground, Shade Equipment and surfacing to meet standards set in bid
documents, including Installation.
c. Playground surfacing shall meet the minimum guidelines set forth in the RFP.
d. Signed and Sealed engineered drawings.
a. Also included in the cost of work Is the excavation of the site and installation of a
compacted rock aggregate sub-base to a minimum of 4"thick for proper drainage
of the poured in place surfacing.
f. Installation of concrete ribbon curb around entire perimeter of poured in place
surfacing.
g. Installation of all benches, signs, and shades as detailed in the contract
documents.
h. The contractor is responsible for all restoration associated with the installation
of the playground & shade. This includes, but is not limited to landscaping,
irrigation, utilities,etc.
1. New sod is to match existing.
j. The contractor is responsible for the removal of roots up to 4" diameter as part
of standard removal. For roots greater than 4", the contractor may charge an
hourly rate for removal.
k. All playground components are to match the finalized details noted on the Bliss
Products final drawings dated February 6, 2019.
Central Winds Contractor Initials_ 6o.
Playground Improvements City of Winter Springs Initials_
Page I
EXHIBIT "A"
SCOPE OF WORK
Central Winds Park Playground Improvements
March 5, 2019
1. Contractor is to have full time supervision on site while working under this scope,
is being performed.
m. Contractor shall provide daily cleanup of debris generated by this scope of work
including wrappings from food and/or drink and construction related debris into
an on-site dumpster provided by the City of Winter Springs,
n. Warranties and Guarantees
1. Contractor shall warrant their workmanship for a period of (1) one year
from the date of completion of the erection of the pavilion structure to be
free from contractor's defects.
2. The Contract Agreement specifically includes strict compliance with the requirement
of the following listed CONTRACT DOCUMENTS and all documents identified as
related thereto:
a. This Exhibit"K—Scope of Work
b. Exhibit "B" — Custom Plavaround EguiDment Rendering, REVISED and dated
FetrggM-6 2019
c. Exhibit"C"—Schedule-TBD
1 Contractor agrees to be bound by the project milestones indicated in the
Construction Schedule dates TBD and attached herewith and identified as Exhibit
"C", Performance start times and durations may be changed by Contractor from
time to time as Contractor determines necessary. Performance duration times are all
in calendar days. Schedule will be altered by Contractor by one or more of the
following methods of notice to Contractor(s): (a)issuance of an updated schedule, (b)
letter, (c)memo, (d)job meeting,
4. Exclusions:
a. None
End of Scope of Work
Central Winds Contractor Initials "7
Playground Improvements City of Winter Springs Initials
Page 2
awaaa
1-ilvAIA Document A312 - 2010
Performance Bond
Bond Number: 602-119016-1
CONTRACTOR: SURETY:
(Name, legal status and address) (Nance, legal status and principal place of ADDITIONS AND DELETIONS:
business) The author of this document has
Bliss Products and Services,Inc. United States Fire Insurance Company added information needed for its
6831 S.Sweetwater Road 305 Madison Avenue completion.The author may also
Lithia Springs,Georgia 30122 Morristown,New Jersey 07962 have revised the text of the original
AIA standard form,An Additions and
OWNER: Deletions Report that notes added
(Name, legal status and address) information as well as revisions to
City of Winter Springs the standard form text Is available
1126 E.State Road 434 from the author and should be
Winter Springs,Florida 32708 reviewed.A vertical line in the left
margin of this document indicates
CONSTRUCTION CONTRACT where the author has added
Date:March 05,2019 necessary Information and where
Amount:$453,891.77 the author has added to or deleted
Description: from the original AIA text.
(Name and location) This document has important legal
Winter Springs Central Winds Playground Improvements(Installation of all consequences.Consultation with an
playground equipment and poured in place playground surfacing,RFP 012-18-SB) attorney Is encouraged with respect
to Its completion or modification.
BOND Any singular reference to
Date: Contractor,Surety,Owner or other
(Not earlier than Construction Contract Date) party shall be considered plural
March 6,2019 where applicable,
Amount:$453,891.77
Modifications to this Bond: X None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporat S al) Company: orate S,
I (Co 1)
0
jai
CC,
I a,
Name and Name and 4CEyn�eIrW
Sigruuurc.� Signature:
"q
Title: ix PT Title: Attorney-in-Fact
(Any additional signatures appear on the last page qfthis Pedbriflance Bond)
(FOR INTIORUA TION ONLY ---Maine,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Fngineer at-other party.)
McCartha,Cobb&Associates,Inc,
1407 Calhoun Street
Columbia,South Carolina 29201
Telephone Number:803-799-3474
-----------
AlADocurn nt A3121"-2010 Performance Bond.The Amencon Institute of Architects.All rights reserved.)AIARM443:I'M AW
Inn. by LLS�Copolnight Law and Uyvauffiorized reprodtxtlon or dlaldbubon of d0r,MA"' �)oeunlwvt'or'any jjm'�*I'n('4 If,may rem'At h",
SiM11WO Ch'fl�on e"'rtrWnaI�'Ieinaltkis,and aMfl bn prosecuted to the unaxirman extoot pruaMblIe ai,,tder the Wiv.This documentwas produced by AIA software
1APAInt 10:3847 ET on 03/0612019 under Order No.3091110970 which expires on 0910712019,and Is not for resale,
k UserNotes: (3B9ADA30)
§I 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 Conti-actor 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 oil 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 prqiudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shalt 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 Contrael;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals front 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 Owners 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 tinder 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
I 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 54,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,
AIA Document A312Tm—2010 Performance Bond.The American institute of Architects,All rights reserved.VVARMHNTW&4M,1V L)ocunu,,iMl iserr
InIt. by LJA CopyHqht 4dv and UnwAhl"111zed mprioductuor,odDtribuficm o"tWe AIA' DoctnnOM,01 :IV p0rti01A(A it PUN ,Ot rrrifc::,
Ovwn CKK�arid crhninM ur";wiH he p: 2
the nukMn,hinn extent possJlfle"ncler Vm�ao, This do�cumentwas produced by AIA software
at 10:38A7 ET on 03106/2019 under Order No,3091110970 which expires on 09/0712019,and is not for resale,
User Notes: (MADAM)
U
§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 Conti-act;
.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 orthis
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 he 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,
§U Definitions
§14.1 Balance of the Contract Price.'l lie total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Conti-actor of any amounts
received or to be received by the Owner in settlement of insurance or other claims for darnages 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 riot 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,
AIA Document A312�—2010 Perfonnance Bond.The American Institute of Architects.All rights reserved.WAR WNG� Vh,'WfidAl
[nit. t�y US.Copyright Law ofW1 unauthmi
severe rWfl MW crhr0nall 11',mueMov,anfl Mil be prosevisted tri Vhv irrwoMmuni extentpns%flAe under thei Ilam,This documentwas produced by AIA software 3
at 10:38A7 ET on 03106/2019 under Order No 3091110970 which expires on 09807/2019,and Is not for reswe
User Notes: (MADAM)
§15 ff 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.
§16 Modifications to this bond are as follows:
(S),)ace is provided below far additional signatures(#'addedparties, other than those appearing on the Cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seat)
Signature: Signature:
Name and Title° Name and'I"itle:
Address: Address:
AIA Document A3121m—2010 Performance Bond,The Arredron Institute of Architeeft.All rights reserved.V,004WNa T hk,PUP,
telt by VS CopyHpht Law and 4iternadcimTrf,"AD06.URWANDHZed repruducfian or diWbu'UWof thr,Alk Docunwrot,or anpe Mien to i, s,nwy in! 4
aevero r"M[wd;orhnn
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ov This produced by AlA software
Vat 1018-47 ET on 03/0612019 under Order No 3091110970 which expires on 09107/2019,and is not for resole.
User Noted: (399ADA3D)
TM
VAIA Document A312 _ 2010
Payment Bond
Bond Number: 602-119016-1
CONTRACTOR. SURETY:
(Arame, legal status and address) (Mame, legal status and principal place of
business) ADDITIONS AND DELETIONS:
The author at this docurnent has
Bliss Products and Services,Inc. United States Fire Insurance Company
6831 S,Sweetwater Road 305 Madison Avenue added Information needed for Its
Lithia Springs,Georgia 30122 Morristown,Now Jersey 07962 completion.The author may also
have revised the text of the original
AIA standard form.An Additions and
OWNER: Deletions Report that notes added
(Afam e, legal status and address) information as well as revisions to
City of Winter Springs the standard form text Is available
1126 E.State Road 434 from the author and should be
Winter Springs,Florida 32708 reviewed,A vertical line In the left
margin of this document indicates
CONSTRUCTION CONTRACT where the author has added
Dale:March 05,2019 necessary information and where
Amount:$453,89,1,77 the author has added to or deleted
Description: from the original AIA text,
(Name and location) This document has important legal
Winter Springs Central Winds Playground Improvements(installation of all consequences.Consultation with an
playground equipment and poured in place playground surfacing,RFP 012-18-S13) attorney Is encouraged with respect
to Its completion or modification.
BOND Any singular-reference to
Date: Contractor,Surety,Owner or other
(Not earlier than(7onstruclion Contract Date) party shall be considered plural
March 6,2019 where applicable,
Amount. S 453,891.77
Modifications to this Bond: X None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (CorporateSeal) Company: I(7orporate Seal)
Signature. Signature:
Name anName and d a42eqet y"PLvib C. Wayne
'Title: Title: McCartha
Attorney-in-Fact
(Anti additional signatures appear on the last page of this PqyMent Bond)
(1,01?1,VF,'0RA1A 17ON 0AIL Y Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party)
McCartha,Cobb&Associates,Inc.
1407 Calhoun Street
Columbia,South Carolina 29201
Telephone Number: 803-799-3474
-----------.....--------
AJA Document A312ym—2010 Payment Bond.The American Instituter of Architects.Art rights reserved.WAWANG',This AW
Init. UA Copyruqht Low A,n r1 WternatIanarri ewVes.r h
Revere,00H and c11rTfi1uM porm ftiac,mood wM he prosccubroii to the maxrufln codan't pcm0hh')under the,Vaw.This document was produced by AIA software
at 10:4AI ET on 03/061019 under Order No.3091110970 which expires on O9/D7/2019,and is not for resale.
User Notes: (3B9ADA34)
§I 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 make;payment of all sums duo to Claimants,and defends,indennnifies 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 duty tendered claim,demand,hen 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,
J have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished
or supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety
(at the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non.-payment tinder 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
foes 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,tinder 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
tinder this Bond,subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312 Im—2010 Payment an The American Institute of Architects.All rights reserved.WA R N�114,G�T AW
InIt. 11S,Cap,,1,11 Lawand Inn nmuflonal Tmnlles Ur,aulhoded eproduell....ni'1111,1,11bullon a11110s AW uIHar
V
z", (,na,;Mt ar(d crhr0ial r,enaw
lues, w onit i,m wosemihldt() MU
UM kkOMI�010,en(,,po�,,,Wtui ndc�tkw kw,,This documentwas produced by AIA software
at M44:41 ET an 0310612019 under Order No.3091110970 which expires on 09/07/2019,and is not for resale.
User Notes; (3B9ADA34)
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 oil
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 hcrefrom 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
§161 Clalrn.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;
X the total amount earned by the Claimant for labor,materials or equipment furnished as of the dale 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. rhe
term Claimant also includes any individual or entity that has rightfully asserted a claim trader 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,
I
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AIA Document A312 2010 Payment Bond.The American Institute of Architects.All rishts reserved,VW0,0110�I ha� AIA
Init. M. Gopyri,&I 1,aw and hdarnefilimW tRVIrthm,Unaudicineed rupmducNon or Mstflbutwii af?biis MAI DDCU1in6VV,Cir repay pc)rkion of tt nr?,Jy rlrvnh hi
Severe civfl and evky&W ponakles,and vi0 be prosecuted to the Mal Awminin extenk prmyaflWe under Lan M&%,ThIs documentwas produced byAlA software 3
jAe at 10.44A1 ET on 03/06/2019 under Order No 3091110970 which expires on 09/0712019,and is not for resale.
If User Notes- (3BOADA34)
§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 qfadded parties, other than those appearing on The cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corlvrale Seal)
Signature: Signature:
Name and'Fitle: Name and Title:
Address: Address:
AIA Document A312Tm—20110 Payment Bond.The American Institute of Architects.All rights reserved.WARWNG; 11'Ha AM,' Doc�umnnt, p1c'1cU0 Oy
InIt. US GapY600 Law and pFqernatGonaB nmati((xn,unauihOr4ed raproducklon r rhatributJori of mini,Aik, Ekartmnmrri.orany portion of R,may by
Severe civu arnd u6rvfltmpvinzAies,,and vAfi be prasoyGuWd lIo the rnaAimurn extent pos%HAe uwlerRw Wvv�This document was produced by AIA software 4
at 10:44:41 ET on 0310612019 under Order No.3091110970 which expires on 0910712019,and is not for resale,
User Notes: (MADA34)
' CERTIFICATEO LIABILITY INSURANCE DAT3/4/12020Ort°YrY1
3/419
THIS CERTIFICATE IS ISSUED AS A (NATTER 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: It the certificate holder Is an ADDITIONAL INSURED,they policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION iS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this certificate does not confer r1 hts to the certificate holder In lieu of such endorsemen s.
PRODUCER Q�2C Inc dba tslr Daniel Insurance �wc» .._..CT
MM Stover 0 386 40...
Harry A %
Cartersville, GA 30120 .eIIt1 770382 8954 __..._ _ _ � ...?.. — ..81 _..
....MStoverhdins,com ..... _ .....
..._ _....,.INI!UrCkR AFFORK NO COVERAGE ,.,..... _........._. NAac
ww.hdlns.com AYPO70759 INSURER A Cincinnati SUnderwriters _�_....._... �13037,�,,,_.
INsuRED INsuRER N TvAnwCit Fire Insurance Co _ 29459
Miss Products and Services, Inc. _y
___._._....e... ,.._._ _ ..,_,
6$31 S. Sweetwater Rd. INSURER c: Sentinel Insurance Co,Ltd11000,. �....n_
Lithia Springs GA 30122 INSLiREA3 D m __ .
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER.- 47371480 REVISION NUMBER:
THIS IS 7O 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 15 SUBJECT TO ALL,THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE..... _.. _....AdtA g R. ... P lCY NUMBER. ..._ _.. ..._ PdAJLd�..., ...P ffCY' XP a_. ,.... . ._. ....._. LIMITS ._..._
LT
DIYYYYI
A COMMERCIAL GENERAL LIABILITY CSU0024940 1/17/2019 111712020 EACH OCCURRENCE $1000000_.
f
CLAIMS-MADE / OCCUR Ai�7i�5dk�TlEf�rLYS
rTrEaalsl§..tom I1 _.. 1 s 00000 ..__ ....__....
a✓.. 99ntr8ct ACU _....._.. ....__ ra sa Exf t"of F�r!!!r .s Excluded .,.,_...._ ._.
✓__.$_40P0 Deductible; rimer claim _ !.qRSDNA e AOV INJURY s tOCtU00Q . ..... __,.
GEN`t AGGREGATEr LIMr APPLIES PER: GENERAL.AGGREGATE s3000000
POLICY 2.1 JET LOC PR,gQ CTS COMPW AW s 3000000
OTHER. S
C AUTOMOSILIELIABILITY 2OUECKN3349 7/79/2018 7/29/201 Lm. �Ell � $
g0ta00�..n.__...
✓ ANY AUTO BODILY INJURY(Per person) S
OWNED SCHEDULED EMILY INJURY(Per aorddertl) $
HIRED ONLY NON-("ED-("ED RC7f'ERTY DAMAGE _ _ _..
_____
✓. AUTOS ONLY AUTOS ONLY .w. 1. $
s
OCCUR EACH..__.._ ...:.NC.. $5000000.
A ......_. uMBRELLALIAB �i CSIJ0024939 1/1712019 1117/2020 EAc�IDCCI�6ETRENCF _._.....„.....,._.. _..ry__..
EXCESS UAB cLalEls EIADE A REGATE $5000000
D RETENTION 10 $
B WORCKERS COMPENSATION TION T f N N t A 20WECAT3242 7/29/2018 7/29/2019 ERH
(Mandarory NH),
S ANYPROPRIETARTNERfDXECLnIVE E,L DISEASE $X000000._.
AND EMPLOYERS'LIABILITY
&(541 ION OF OPERATIONS Wow E.L.DISEASE•POLICY LIM EMPLOYEE j1 0�t.'
ar oa dosamlbo urWeae 1000000
C IM-Installation 20SBAZT2793 411912018 411912019 100000
DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES(ACORD 101,AddMonol Remarks Sslasdula,may be attached It scone space Is required)
Information provided by this certificate(Including any addendum/attachment)is strictly limited per State of Georgia legislation(HB66).
RE: Central VAnds Playground improvements
CERTIFICATE HOLDER CANCELLATION
City Ot Winter ruRoans SHOULD ANY OF THE ABOVE'DESCRIBED POLICIES BE CANCELLED BEFORE.
1126 E. State Sprin 34 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Winter Springs FL 32708
AUTHORIZED REPRESENTATIVE
H.L.Daniel OC.
1988-2016 ACORD CORPORATION, All rights reserved.
ACORD 2 (2016/43) The ACORD name and logo are registered marks of ACORD
47371400 1 A 1 1g-20 special cext I meg stover 3/4/2019 4:4I:'J7 PM 4ESV I maga I of 10
AGENCY CUSTOMER ID.A
LOC#:
ACCMEV ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMEDINSURED
HDINSJnc dba HiarryDa� Bliss Products and Services,Inc.
iel Insurance 6831 S.Sweetwater Rd,
POLICY NUMBER Lithia Springs GA 30122
CANAfC CODE
RRIER EFFECTME DAIM.,
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE:Certificate of Liability'03/1
HOLDER:City of Winter Springs
ADDRESS:1126 E.State Road 434 Writer Springs FL 32708
See details of Georgia legislation (House Bill 667 at: http://www.oci.ga.gov/agents/
Certificates0finsurance.aspx
GENERAL LIABILITY: Additional insured for ongoing and completed operations, on a primary
and non-contributory basis, when required by executed written contract per form, CSGA437
1.2/13.
GENERAL LIABILITY: Waiver of subrogation when required by executed written contract per
form, CSGA4087 12/12.
AUTO LIABILITY: Additional insured, on a primary and non-contributory basis, and waiver of
subrogation when required by executed written contract per form, HA9916 03/12.
EXCESS LIABILITY: General Liability, Auto Liability and Workers' Compensation policies are
all listed on the Schedule of Underlying Insurance. Additional insured and waiver of
subrogation per forms, CSCXIDO 02/13 and CSIA405 08/09A.
WORKERS' COMP: Waiver of subrogation when requi:red by executed written contract per form,
WC000313.
ACORD 101 (2008/01) V 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD ADDENDUMIDOO
4-1371400 1 A 1 19-20 SpeCial Cort i N" Stover 1 3/4/2019 4A1:17 Pn IVIA'I'l I page 2 of :o
AGENCY CUSTOMER ID-A
LOC#:
ACC>R& ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMED INSURED
Bliss Products and Services,Inc.
HDINS,Irtcdba Harry Daniel Insurance 6831 S.Sweetwater Rd.
woucY NUMBER Lithla Springs GA 30122
CARRIER
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 26 FORM TITLE.Certfficate!g'L!Btril (03!18
HOLDER:City of Winter Springs
ADDRESS:1126 E.State Road 434 Winter Springs FL 32708
The afore-mentioned forms on the ADDENDUM/D00 apply to: City of winter Springs
ACORD 101 (2008/01) 0 2008 ACORD CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD ADDENDUM
41371400 1 A 1 19.20 Special Cext I Meg Stmer 1 3/412019 4;42s1'7 R4 617,SV I P&qr f Of Ix0
CSU0024940 COMMERCIAL GENERAL LIABILITY
CSGA 437 12 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REM IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH
OPERATIONS AND COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION 11 - WHO IS AN INSURED is
amended to include as an additional insured 2. If coverage provided to the additional in-
any person or organization when you and such sured is required by a contract or agree-
person or organization have agreed in writing ment, the insurance afforded to such ad-
in a contract or agreement that such person or ditional insured will not be broader than
organization be added as an additional insured that which you are required by the con-
on your policy, but only with respect to "bodily tract or agreement to provide for such ad-
injury"
d-
Inju ., "°property damage" or "personal and ditional linsured.
advertising injury"caused, in whole or in part, B. With respect to the insurance afforded to
by: these additional insureds, the following addi-
1. Your act's or omissions in the perform- tional exclusions apply:
ance of your ongoing operations for the This insurance does not apply to.
additional insured;
1. "Bodily injury","property damage!'or"per-
2. The acts or omissions of those acting on sonal and advertising injury"arising out of
your behalf in the performance of your the rendering of, or the failure to render,
ongoing operations for the additional in- any professional architectural, engineer-
sured; or ing or surveying services, including:
3. "Your work" performed for the additional a. The preparing,approving,or failing to
insured and included In the "products- prepare or approve, maps, shop
completed operations hazard% drawings, opinions, reports, surveys,
If not specified otherwise in the written con- field orders, change orders or draw-
tract or agreement, a persorTs or organize- ings and specifications;or
tiorVs status as an additional insured under this b. Supervisory, inspection, architectural
endorsement ends one year after your opera- or engineering activities.
tions for that additional insured are completed.
The written contract or agreement must be 2. 'Bodily injury"or "property damage" aris-
currently in effect or become effective during ing out of"your work"for which a consoli-
the term of this Coverage Part,The contract or dated (wrap-up) insurance program has
agreement must be executed prior to the"bod- been provided by the prime contrac-
ily injury","property damage"or "personal and tor/project manager or owner of the con-
advertising injury' to which this endorsement struction project in which you are involved.
pertains. 3. 'Bodily injury","property damage"or"per-
However: sonal and advertising injury" to any em-
ployee of you or to any obligation of the
1. The insurance afforded to such additional additional insured to indemnity another
insured only applies to the extent permit- because of damages arising out of such
ted by law, and injury.
Includes copyrighted material of ISO
CSGA 437 12 13 Properties, Inc.,with its permission. Page I of 2
47312490 i A 19-20 Spccidl Cerr I Meg Stover 1 -1/4/2029 4;43.:14 M. (EST) I Page 4 of TO
4. "Bodily injury","property damage!'or"per- D. With respect to the insurance afforded to
sonal and advertising injury" for which the these additional insureds, SECTION IV -
Named Insured is afforded no coverage COMMERCIAL GENERAL LIABILITY COW
under this policy of insurance. DITIONS, 4. Other Insurance is amended to
C. With respect to the insurance afforded to include:
these additional insureds, SECTION III-LIM- Any coverage provided herein will be excess
ITS OF INSURANCE is amended to include: over any other valid and collectible insurance
available to the additional insured whether
The limits applicable to the additional insured primary, excess, contingent or on any other
are those specified in the written contract or basis unless you have agreed in a written con-
agreement or in the Declarations of this Cov- tract or written agreement executed prior to
erage Part, whichever is less, If no limits are any loss that this insurance will be primary.
specified in the written contract or agreement, This insurance will be noncontributory only if
the limits applicable to the additional insured you have so agreed In a written contract or
are those specified in the Declarations of this written agreement executed prior to any loss
Coverage Part.The limits of insurance are In- and this coverage is determined to be primary.
clusive of and not in addition to the limits of In-
surance shown in the Declarations.
Includes copyrighted material of ISO
CSGA 437 12 13 Properties, Inc—,with its permission. Page 2 of 2
67311480 1 A 1 19-20 Special coot. I r4ag sLover 1 3/4/2019 4:4olr1'7 PM MST) I Page 9 of 10
20UECKN3349
Bliss Products and Services, Inc. COMMERCIAL AUTOMOBILE
HA 9916 0312
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form,the provisions of this endorsement apply.
1. BROAD FORM INSURED d, Any "employee" of yours while using a
A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or
Formed Organizations borrow in your business or your
The Named Insured shown in the personal affairs.
Declarations is amended to include-. C. Lessors as Insureds
(1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED - of
partnership or joint venture, formed as a Section 11 - Liability Coverage is amended to
subsidiary in which you have an add:
ownership interest of more than 50% on e, The lessor of a covered "auto" while the
the effective date of the Coverage Form, "auto" is leased to you under a written
However, the Named Insured does not agreement if.
include any subsidiary that is an (1) The agreement requires you to
"insured" under any other automobile provide direct primary insurance for
policy or would be an "insured" under the lessor and
such a policy but for its termination or
the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver,
(2) Any organization that is acquired or Such a leased "auto" will be considered a
formed by you and over which you covered "auto" you own and not a covered
maintain majority ownership. However, ""auto""you hire.
the Named Insured does not include any D. Additional Insured If Required by Contract
newly formed or acquired organization: (1) Paragraph A.1, -WHO IS AN INSURED
(a) That is a partnership or joint - of Section 11 - Liability Coverage is
venture, amended to add:
(b) That is an "insured" under any other f. When you have agreed, in a written
policy, contract or written agreement,that a
(c) That has exhausted its Limit of person or organization be added as
Insurance under any other policy,or an additional insured on your
(d) 180 days or more after its business auto policy, such person or
acquisition or formation by you, organization is an"insured",but only
unless you have given us notice of to the extent such person or
the acquisition or formation, organization is liable for "bodily
Coverage does not apply to "bodily injury" or "property damage"caused
injury" or"property damage"that results by the conduct of an"insured"under
from an "accident" that occurred before paragraphs a, or b. of Who Is An
you formed or acquired the organization, Insured with regard to the
B. Employees as Insureds ownership, maintenance or use of a
Paragraph A,1. -WHO IS AN INSURED - of covered"auto."
SECTION 11 - LIABILITY COVERAGE is
amended to add:
0 2011,The Hartford (Includes copyrighted material
Form HA 99 16 0312 of ISOProperties, Inc.,with its permission.) Page I of 5
47311480 A 1 19-�M Special Cert, 1 Meg SLOver 1 3/4/2019 4:41,:17 V4 (ESTI 1 FagL 6 of 24
The insurance afforded to any such E. Primary and Non-Contributory If
additional insured applies only if the Required by Contract
"bodily injury" or "property damage" Only with respect to insurance provided to
occurs., an additional insured in 1.D. - Additional
(1) During the policy period, and Insured If Required by Contract, the
(2) Subsequent to the execution of such following provisions apply;
written contract,and (3) Primary Insurance When Required By
(3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have
requires such insurance be provided agreed in a written contract or written
to the additional insured. agreement that this insurance be
(2) How Limits Apply primary. If other insurance is also
If you have agreed in a written contract primary, we will share with all that other
or written agreement that another insurance by the method described in
person or organization be added as an Other Insurance 5.d.
additional insured on your policy, the (4) Primary And Non-Contributory To Other
most we will pay on behalf of such Insurance When Required By Contract
additional insured is the lesser of: If you have agreed in a written contract
(a) The limits of insurance specified in or written agreement that this insurance
the written contract or written is primary and non-contributory with the
agreement;or additional insured's own insurance, this
(b) The Limits of Insurance shown in insurance is primary and we will not
the Declarations, seek contribution from that other
insurance.
Such amount shall be a part of and not Paragraphs(3)and (4)do not apply to other
in addition to Limits of Insurance shown insurance to which the additional insured
in the Declarations and described in this has been added as an additional insured.
Section. When this insurance is excess, we will have no
(3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if
If we cover a claim or "suit" under this any other insurer has a duty to defend the
Coverage Part that may also be covered insured against that "suit'. If no other insurer
by other insurance available to an defends, we will undertake to do so, but we will
additional insured, such additional be entitled to the insured's rights against all
insured must submit such claim or"suit" those other Insurers.
to the other insurer for defense and When this insurance is excess over other
indemnity insurance, we will pay only our share of the
However, this provision does not apply amount of the loss, if any,that exceeds the sum
to the extent that you have agreed in a of:
written contract or written agreement (1) The total amount that all such other
that this insurance is primary and non- insurance would pay for the loss in the
contributory with the additional insured's absence of this insurance;and
own insurance.
(4) Duties in The Event Of Accident, Claim, ( f-
2) The total of all deductible and selinsured
Suit or Loss amounts under all that other insurance.
If you have agreed in a written contract We will share the remaining loss, if any, by the
or written agreement that another method described in Other Insurance 5.d.
person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES
additional insured on your policy, the Any "auto" hired or rented by your "employee"
additional Insured shall be required to on your behalf and at your direction will be
comply with the provisions in LOSS considered an"auto"you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended
EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured,
C 2011,The Hartford(Includes copyrighted material
Form NA 9516 0312 of ISOProperties, Inc.,with its permission.) Page 2 of 5
1737�460 W A 1 39 20 SpeCial Cart I Meg Stover 1 3/4/2015 4A1 t17 PM M5V I PagO 7 of 10
If an "employee's" personal insurance also 5, PHYSICAL DAMAGE ADDITIONAL
applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE
hired or rented by your "employee" on your COVERAGE
behalf and at your direction, this insurance will Paragraph A.4,a. of SECTION III - PHYSICAL
be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a
insurance. limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000.
EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOANILEASE GAP COVERAGE
SECTION 11 - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE
apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a
insurance in-force covering all of your covered "auto"', we will pay your additional legal
Iremployees", obligation for any difference between the actual
Coverage is excess over any other collectible cash value of the "auto""at the time of the "loss"
insurance. and the"outstanding balance"of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you
If hired "autos" are covered "autos" for Liability owe on the loanAease at the time of"loss" less
Coverage and if Comprehensive, Specified any amounts representing taxes; overdue
Causes of Loss, or Collision coverages are payments; penalties, interest or charges
provided under this Coverage Form for any resulting from overdue payments; additional
"auto" you own, then the Physical Damage mileage charges; excess wear and tear charges;
Coverages provided are extended to"autos"you lease termination fees; security deposits not
hire or borrow,subject to the following limit, returned by the lessor; costs for extended
The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident
"auto"is: or disability insurance purchased with the loan or
lease; and carry-over balances from previous
(1) $100,000-1 loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE
stolen property at the time of the"loss';or Under Paragraph B. EXCLUSIONS - of
(3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE
damaged or stolen property, COVERAGE,the following is added:
whichever is smallest, minus a deductible, The The exclusion relating to mechanical breakdown
deductible will be equal to the largest deductible does not apply to the accidental discharge of an
applicable to any owned "auto" for that airbag.
coverage. No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED
by fire or lightning, Hired Auto Physical Damage COVERAGE
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA -
and excess provisions,we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL
equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the
covered"auto"you own. following:
We will also cover loss of use of the hired 'auto" Exclusions 4.c. and 4.d. do not apply to
if it results from an "accident", you are legally equipment designed to be operated solely
liable and the lessor incurs an actual financial by use of the power from the "auto's"
loss, subject to a maximum of $1000 per electrical system that, at the time of"loss",
.accident". is.
This extension of coverage does not apply to (1) Permanently installed in or upon
any "auto" You hire or borrow from any of your the covered"auto";
"employees"", partners (if you are a partnership), (2) Removable from a housing unit
members (if you are a limited liability company), which is permanently installed in
or members of their households, or upon the covered"auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1)and (2)above;or
C 2011,The Hartford (Includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc.,with its permission,) Page 3 of 5
41371480 V A 1 19-20 Special Cert I Meg SL—al- 1 3/4/2019 4!41:17 PH JESTM I Page S. of 10
(4) Necessary for the normal If another Hartford Financial Services Group,
operation of the covered "auto"or Inc, company policy or coverage form that is not
the monitoring of the covered an automobile policy or coverage form applies to
loauto'sw operating system, the same"accident'",the following applies:
b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto
Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest)
Damage Coverage, Limit of Insurance, deductible, it will be waived'.
Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto
the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or
Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by
Paragraph C are each amended to add the the amount of the smaller (or smallest)
following. deductible.
$1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF
any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS
equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. -
solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS
that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of
audio, visual or data signals which, at the an'accident"applies only when the"accident"is
time of"loss", is: known to:
(1)Permanently installed in or upon (1) You, if you are an individual;
the covered "auto" in a housing,
opening or other location that is not (2) A partner,if you are a partnership;
normally used by the "auto" (3) A member, if you are a limited liability
manufacturer for the installation of company;or
such equipment, (4) An executive officer or insurance manager, if
(2)Removable from a permanently you are a corporation.
installed housing unit as described 13, UNINTENTIONAL FAILURE TO DISCLOSE
in Paragraph 2.a, above or is an HAZARDS
integral part of that equipment;or If you unintentionally fail to disclose any hazards
(3)An integral part of such equipment. existing at the inception date of your policy, we
c.For each covered "auto", should loss be limited will not deny coverage under this Coverage
to electronic equipment only, our obligation to Form because of such failure,
pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY
stolen electronic equipment will be reduced by
the applicable deductible shown in the Paragraph a. of GENERAL CONDITIONS Z. -
Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY -
less. of SECTION IV - BUSINESS AUTO
9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following:
COVERAGE a. For short-term hired "autos", the coverage
Under Paragraph AL -COVERAGE -of SECTION territory with respect to Liability Coverage is
III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the
pay for the expense of returning a stolen covered "insurede responsibility to pay damages for
"auto"to you, "bodily injury" or "property damage" is
determined in a"suit,"the"suit"is brought in
10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories
Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of
III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a
following is added: settlement we agree to,
No deductible applies to glass damage if the 15. WAIVER OF SU'BROGATION
glass is repaired rather than replaced, TRANSFER OF RIGHTS OF RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV -
Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by
III - PHYSICAL DAMAGE COVERAGE, the adding the following;
following is added:
0 2011,The Hartford (Includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc.,with its permission,) Page 4 of 5
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We waive any right of recovery we may have c.Regardless of the number of autos deemed a
against any person or organization with whom total loss, the most we will pay under this
you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle
waiver because of payments we make for Payment Coverage provision for any one
damages under this Coverage Form. "loss""is$10,000,
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the cover-age provision,
The definition of "bodily injury" in SECTION V- a.A "non-hybrid"auto is defined as an auto that
DEFINITIONS is replaced by the following; uses only an internal combustion engine to
"Bodily injury" means bodily injury, sickness or move the auto but does not include autos
disease sustained by any person, including powered solely by electricity or natural gas,
mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an
these. internal combustion engine and one or more
17, EXTENDED CANCELLATION CONDITION electric motors, and that uses the internal
Paragraph 2. of the COMMON POLICY combustion engine and one or more electric
CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal
except as follows; combustion engine to charge one or more
electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of In the event of a total loss to an"auto"for which
cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or
date of cancellation. Collision coverages are provided under this
18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage
VEHICLE PAYMENT COVERAGE Coverages are amended to add the following
In the event of a total loss to a "non-hybrid"auto In addition to the actual cash value of the "auto",
for which Comprehensive, Specified Causes of we will pay up to $1,000 for vinyl vehicle wraps
Loss, or Collision coverages are provided under which are displayed on the covered "auto"at the
this Coverage Form, then such Physical time of total loss. Regardless of the number of
Damage Coverages are amended as follows: autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this
an auto powered solely by electricity or natural coverage provision, signs or other graphics
gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are
maximum of$2,500, of the "non-hybrid"auto's not considered vehicle wraps.
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of"loss,"
C 2011,The Hartford (Includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc.,with its permission.) Page 5 of 5
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