HomeMy WebLinkAboutSawcross, INC. Construction Agreement 2021 01 11 11 R A
CONSTRUCTIONT AGREEMENT
THIS AGREEMENT is made this 11t' day of January, 2021 by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and
SAWCROSS,INC., a Florida Corporation authorized and duly licensed to do business in the State of
Florida(herein referred to as CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with
the Contract Documents for the construction of WTP No. 1 HSPS Suction Piping
Replacement.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement;
Exhibits and Addendum to the Agreement; the WTP No. 1 HSPS Suction Piping Replacement
Contract Documents and Technical Specifications Conformed December 2020, WTP No. 1 HSPS
Suction Piping Replacement Conformed Plans Certified, Engineering Drawings prepared by Carollo
Engineers, Inc., dated September 2020; RFP Documents issued by the City, dated September 2020;
including Addenda, if any; Contractor's Bid Submittal, dated November 6,2020; 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. The Contract Documents are complementary,
and what is called for by any one shall be as binding as if called for by all. The intent of the Contract
Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals
necessary for the proper and complete execution of the Work for each Project. Materials or Work
described in words which so applied have a well-known technical or trade meaning shall be held to
refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents
shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify
discrepancies or omissions, in writing,within a reasonable time.
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. Change Orders
b. Agreement,Exhibits and Addenda
c. Supplemental Terms and Conditions
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 1 of 31
d. (3encrall"erms and Conditions
e. rj.ngineedrig Plans and Drawings
f RFP for WI? No. I 11SPIS Saction. Piping Replacement issued by flae
City o pnter Springs dated September 2020, includinig ally
subsequcntly issued Addenda
g.. Contractor's Bid Subirtittal
Any inconsistcncy in the woric.description.shall.The clarified by the OWNER.and performed by
the CONTRA( MR.
4. AGREEMENT MrERPRETATION - At its discretion, during the course of the work,
sIxuld arty errors, ambiguities, or discrepancies be flound in the Contract Documents, t,,he
OWNER. at, its sole discretion will interpjet the intent of the Contract Docurnents and the
CONTRACTOR hereby agrees to at-).ide by the OW.N.J..A'.R's .i.nterpi,etatioii and agrees to carry
out the work.in accordance with the decision of the OWDER..
5, BRAND NAME mxrERtALS - Whenever Materials or Equipment aare, spe(.:ified or
described in the Drawings or Specifications by using the narne of a proprietary itern. or the
narne of a paAk.,alar Supplier,the narrung of the item is aunt erided to establish the type, lunction.
and quality required. 'I'lic CONTR-ACTOR will be responsible for all coordination necessary
to accommodate the material, article, or equipment beirig provided without additiq'Ynal cost to
the OWNI.�',R. Unless the name is folled b wo owy rds indica t n ting that: substitution. is
perrnitted, a. substitute matelial, article, or eqUipment is allowed if it is reasonably equivalent
to the brand name specified and CONTRACTOR culifies in writing that the proposed
substitute will perftyrrn adequately the functions called lbr by the general desil.."n, be sirn-ilar
and of equal substance to that specified and. be stLited to the saine use and capable of
perforn.i.ing the sarne function as that specifted. . The OWNER. has ffill. discretion to decide
whether as substitute is reasonabIly equivalent. C'ONTRACTOR must notify the OWNER in
writing prior' to use of the substitute for as specified brand naine and allow the OWNER to
make a.detcn.nination.before CON]RACTOR uses the substitute.
& CONTIZACTTIME
a. All provisions regarding ContractTirne are essential to the perfbrmance of this Contract.
b., The Work shall be completed according to the following schedule°
L Litnited Noti.c(..-. toProceed Januar�y H, 2021,
2. Full Notice to Proceed April I 5„ 2021
I Substantial Completion July 20, 2021
4. Final Conipletion August 13, 202 1-
C.'onstruction Agreement
City of Winter Springs,and SawGross, Inc..
Page 2 of 31
The date of Substantial Completion of the Work is the date certified in writing by the
OWNER when (1) construction is sufficiently complete, in accordance with the contract
documents, so the OWNER can occupy or utilize the work for its intended purpose, as
expressed by the contract documents, and (2) any additional project-specific requirements
or milestones for "Substantial Completion" identified in the general, special, or technical
conditions or construction plans have been satisfied.
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.
e. In the event that the Work requires phased construction, then multiple points of Substantial
Completion may be established in the Supplementary Conditions.
7, LI, UIDATED 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$500 for each day that expires after the time specified in Paragraph 6 for substantial
completion until the work is substantially complete and $500 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. CONTRACT PRICE, UNIT PRICE CONTRACT - 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 Ei �ht Hundred and Ninei:y Three Thousand Dollars
Constriction Agreement
City of Winter Springs and Sawcross,Inc.
Page 3 of 31
($893,,,000). 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 may involve significant
Work adjacent to, above, and in close proximity to Underground Facilities and Aboveground
Power Lines and 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
and Aboveground Facilities, utilities in their present, relocated (temporary and
permanent) and proposed locations, and conflicts relating to utilities and Underground
and Aboveground Facilities.
(2) The CONTRACTOR acknowledges that CONTRACTOR's 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 ,,.mount 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. TERNIINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The
OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated with this Agreement, without penalty, for convenience. Further, the
Construction Agreement
City of Winter Springs and Sawcross,1nc.
Page 4 of 31
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 CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; 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 prejudice to any other right,
or remedy OWNER may have under this Agreement.
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 properly
performed prior to the effective date of termination.
10. FORCE MAJEURE - Any delay or failure of either parry 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.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 5 of 31
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 PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS;
SUBMITTAL OF PAYMENT RE `QUESTS — No payments shall be made where a
Payment and Performance Bond is required herein until OWNER receives a certified copy of
the recorded Bond. 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 i£
a. Work is found defective and not remedied;
b. 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
f. In the opinion of the OWNER that CONTRACTOR's work is not progressing
satisfactorily.
OWNER herein (X) designates or O does not designate an agent, i.e., an architect or
engineer, that must approve any payment request or invoice before the payment request or
invoice is submitted to OWNER for payment. If an agent must approve the payment request
or invoice before the payment request or invoice is submitted to OWNER,payment is due 25
business days after the date on which the payment request or invoice is stamped as received as
provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or
invoice does not meet contract requirements. The CONTRACTOR may send OWNER an
overdue notice. If the payment request or invoice is not rejected within 4 business days after
delivery of the overdue notice, the payment request or invoice shall be deemed accepted,
except for any portion of the payment request or invoice that is fraudulent or misleading. If an
agent need not approve the payment request or invoice submitted by CONTRACTOR,
payment is due 20 business days after the date on which the payment request or invoice is
stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 6 of 31
payment request or invoice does not meet contract requirements. If OWNER disputes a
portion of a payment request or an invoice, the undisputed portion shall be timely paid.
OWNER shall reject payment requests or invoices in accordance with the procedure
established in s. 218.735,Florida Statutes.
OWNER hereby identifies the City's Finance Department as the agent or office to which the
CONTRACTOR must submit payment requests or invoices.
13. FINAL PAYMENT, CHANGE ORDERS. - 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 project, 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 up 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 and its engineer
indemnifying them against such claims.
By making payments OWNER does not waive claims including but not limited to those
relating to:
a. Faulty 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;
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 7 of 31
0'.. N'TTO.C"TOR. does not rnn,ike prorrij.-)t arid. proper payi.nents flor tabor, materials, or
equiptricrit furnished 11im; a subcontract(,:)r is darnaged limy an act for which.
CONTRACTOR. is responsible; claitris of licirs are filed on the Job or, in the opinion of'
the OWINIER, CONTR.ACTOR'S m3rk is not progressing satist'actorily. Ftwther,
OWNER. may withhold additional retainage I i n anticipation of liquidated damiages equal
to the product of the number ofDays after the sc.Ilieduled (..ontract Time (Substantial
Conipletion. or Firial Completion.) and. the amount of hquadated darnages set: forth. in this
Contract if CON'l R.A.CTOR.. is behind schedule and it is anticipated by OWNER.that the
or will riot be completed within the Contract Tinie. The additional. retainage, tinder
this subsection, may at the OWNER'S discretion be withlield 1rorn. subsequent Progress,
Payments. Any additional retainage held ander- this subsection shall be released to
CONTRACTOR in the next Progress Payment ('61lowing the OWNER's approval of a
supt-flrcan.ental Progress SchcdUh., demonstrat'ing that the requisite progress will be
regained and maintained as requirt-d by the General Conditions.
The C111Y, by written change order and without invalidating tfie A.greerrient, inay order
extra Work or make changes by, altering, adding to, or deducting 1rom the Work, the
surn being adjusted. accordingly,. Addifionail tinie required. for any change in.
Work..mi.ist L-)e inchided.with the requested Change (..)rder,.
In giving instructions, the City's Pro"ject Manager will have authority to make minor
changes in I,he Work, not involving extra cost or time, and riot. inconsistent with the
purpose of the Work, but otherwise, except in an emergency endarigering life or property,
no extra work or change will be made unless it goes throt.tgh tlic� (.ity. 's; written. Change
Order process a.nd is approved by the City, and no clairn fi.:)r an addition to the conti-azt.
surn or tinic will be valid. antess so ordered in writing.
The valUe of any such extra Work: or change wilt be determined in one or more of the
following ways:
I� By mutual acc.eptari(..-.e of as himp su.m.
2. By unit prices narried in time contract or subsequently agreed upon.
1 By cost and percentage or by cost and a fixed fi..e.
If rione of"the above methods is agreed upon, the CONTR AC'f.'OR, pr(,wided it n.,,ccives
an. order as above, shall procee�d with the work. In suds ioase and also under case (3)
above, the C'Oi iTRA,GTOR. shall keep and present in such forrri. as ttie City"s Project
Manager may direct, as correct accoutit of the net cost of' labor arid materials, togeiher
with vouchers. ln any case, the (...'ity"s Project Manage- will (,"ertify to the amount,
including reasonable allowances for overheard anid profit, dirie to the CONVI'RACTOR.
Pending final deteri-nination. of va].UC, payments on. ac,,count of changes will be made on
the Cit I
y's Pro,.je(,-.t Manager's estimate,. Furth er-more, if C(..)N,rRA('1'r0R. (.;Iairris that
any instructions by drawings or otherwise involve extra, cost under this Contract
F)oeurnents, it shall give the City written notice thereof within ten (10) days after the
receipt Of SUch instnictions, and. in any event before proceeding to execute the w(,:)r].<.,
Construcfioni Agreement
City of Winter Springs and Sawcnass, [tic.
Page 8 ol'31
except in emergency endangering life or property, and the procedure shall then be as
provided above under this section. Claims will not be processed unless filed in writing
before any work has commenced. In addition, if the City's Project Manager deems it
inexpedient to correct work injured or done not in accordance with the Contract
Documents, an equitable deduction from the Contract Price will be made therefor by
Change Order.
14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE
ARCHITECT: DUTIES AND AUTHORITY - 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, City
Manager 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. Inspections, Opinions, and Pro<xress Resorts. The OWNER shall be kept familiar
with the progress and quality of the work by CONTRACTOR and may make periodic
visits to the work site with its representatives. 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 perform the work in accordance with the Contract
Documents.
c. Access to Worksite for Insppections. The OWNER and its representatives 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. No inspector is
authorized to change any provision of the specifications without written authorization of
the City's Project Manager, nor shall the presence or absence of an inspector relieve the
CONTRACTOR from any requirements of the Contract Documents.
If the specifications, the City's instructions, laws, ordinances, or any public authority,
require any work to be specialty tested or approved, the CONTRACTOR shall give the
City timely notice of its readiness for inspection, and of the date fixed for such inspection.
Inspections by the City's Project Manager will be promptly made.
If upon inspection such work is found not in accordance with the Contract Documents,the
CONTRACTOR shall pay such cost, including compensation for professional services,
and an appropriate deductive Change Order shall be issued.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 9 of 31
d. Inteorpretation of Contract Documents: Decisions on Disc utes. The OWNER will
be the initial interpreter of the contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e. R±ection and Sto- :)a Fe 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.
g. City Reviews and Status. The City's review, inspection, or approval of any
Work, applications for payment, or other submittals shall be solely for the purpose of
determining whether the same are generally consistent with the City's scope and
requirements for the project. No review,inspection, or approval by the City of such Work
or documents shall relieve the CONTRACTOR of its responsibility for the performance of
its obligations under the Contract Documents or the accuracy, adequacy, fitness,
suitability, or coordination of the Work. Approval by any governmental or other
regulatory agency or other governing body of any Work,design document, or construction
document shall not relieve CONTRACTOR of responsibility for the performance of its
obligations under the Contract Documents. Payment by the City pursuant to the Contract
Documents shall not constitute a waiver of any of the City's rights under the Contract
Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its
performance, if any, may not be discovered until after payment, including final payment,
is made by the City. Notwithstanding the foregoing,prompt written notice shall be given
by the City or City Project Manager to the CONTRACTOR if the City becomes aware of
any fault or defect in the Projects or non-conformance with the Contract Documents.
Furthermore, the City shall not have control or charge of construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in
connection with the Work, nor shall the CONTRACTOR, for any of the foregoing
purposes,be deemed the agent of the City.
15. PROGRESS MEETINGS — 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.
16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 10 of 31
a. Responsibiliti, for Supervision 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 dine and Em:loTment. 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. Furnishin [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. Pavment 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 OWNER, that all materials and equipment furnished 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).
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 1 I of 31
f. Project Site, The CONTRACTOR shall, among other things, (i) visit and thoroughly
inspect the project site and any structure(s) or other man-made features to be modified and
become familiar with local conditions under which the project will be constructed and
operated; (ii) if applicable, familiarize itself with the survey, including the location of all
existing buildings, utilities, conditions, streets, equipment, components, and other
attributes having or likely to have an impact on the project; (iii) familiarize itself with the
City's layout and design requirements, conceptual design objectives, and budget for the
project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule;
(v) review and analyze all project geotechnical, hazardous substances, structural,
chemical, electrical, mechanical, and construction materials tests, investigations, and
recommendations; and (vi) gather any other information necessary for a thorough
understanding of the project. If the project involve modifications to any existing
structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall
also review all as-built and record drawings, plans, and specifications of which the
CONTRACTOR has been informed by the City, and shall thoroughly inspect the existing
structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the
specific locations of pertinent structural components. Claims by the CONTRACTOR
resulting from its failure to familiarize itself with the project site or pertinent documents
shall be deemed waived.
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 omissions 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.
d. If upon receiving written approval from OWNER, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR and subcontractors shall make
prompt payments to subcontractors in accordance with s. 218.735,Florida Statutes.
18. THIRD PARTY RIGHTS -Nothing in this Agreement shall be construed to give any rights
or benefits to anyone other than OWNER and CONTRACTOR.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 12 of 31
19. PR_OHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has
not employed or retained any company or person, other than a bona fide employee 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, gift, 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 party 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. INDEMI\'IFICATION—CONTRACTOR shall indemnify and hold harmless the OWNER,
its officers, employees, agents, engineer, and city attorneys (individually and in their official
capacity, from liability, losses, damages, 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
performance of this Agreement.
CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR'S own employees against the OWNER and, solely for the purpose of
this indemnification and defense, CONTRACTOR specifically waives its entitlement, if
any, to immunity under Section 440.11, Florida Statutes. This waiver has been
specifically and mutually negotiated by the parties.
The indemnification 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,
engineer, 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.
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 THE CONTRACT SUM WHICHEVER IS
GREATER. The CONTRACTOR acknowledges receipt of the specific consideration for
CONTRACTOR's 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.
The indemnity provisions set forth in this Paragraph shall survive termination of this
Agreement.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 13 of 31
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. More specifically, the CONTRACTOR shall be
responsible for initiating, maintaining, and supervising all safety precautions and programs in
connection with the Work. The CONTRACTOR shall take all necessary precautions for the
safety of,and shall provide the necessary protection to prevent damage, injury,or loss to:
1. All employees on the project site and other persons who may be affected thereby.
2. All the Work and all materials or equipment to be incorporated therein,whether in storage
on or off the project site.
3. Other property at the project site or adjacent thereto.
CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health
Administration (OSHA) and Florida Department of Transportation safety standards and shall
assure and monitor the compliance of its Subcontractors with those same standards.
Further, CONTRACTOR shall work in compliance with the OSHA Hazardous
Communication Standard and Florida Department of Environmental Protection guidelines,
and shall supply all information about hazardous chemical being brought onto City property as
required by any applicable City Safety and Loss Control Program.
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 of 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, CONTRACTOR
agrees to provide a copy of all said licenses to the OWNER prior to the execution of this
Agreement.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 14 of 31
24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and in substantially in conformance with the form attached to the
Agreement Exhibit"A"and approved by the City Attorney. The materials,performance, and
payment amounts shall be in an amount equal to 110% of the Contract Price for the work
prescribed herein. The issuance of bonds required under this Agreement shall not relieve
Contractor of any liability under the Agreement. Contractor shall remain jointly and severally
liable with any surety issuing a bond under the Contract. The premium for such bonds shall be
paid by the CONTRACTOR.
CONTRACTOR shall be required to provide certification from all laborers, materialmen, and
subcontractors that such laborers, materialmen, and subcontractors have no claims against
CONTRACTOR. resulting from completion of the Work in accordance with Paragraph 12
above. The CONTRACTOR shall provide a certified list of all subcontractors, laborers, and
material suppliers to the OWNER within twenty (20) days of receiving the Notice to Proceed
with the work. This list shall be updated thereafter as necessary with a certified statement that
the list and its updates include the names and addresses of all of those subcontractors, laborers,
and material suppliers furnishing labor and/or material for the work.
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 under this Paragraph.
Additionally, all independent contractors or agents employed by CONTRACTOR to perform
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
minimum amount of $2,000,000 as the combined single limit for each occurrence to
protect the CONTRACTOR from claims of property damages which may arise from any
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 $2,000,000 for all of its
employees performing Work for the OWNER pursuant to this Agreement.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 15 of 31
d. The CONTRACTOR shall maintain comprehensive builder risk 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 the Total
Contract Price. 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. The CONTRACTOR shall maintain Pollution Liability Insurance in the minimum amount
of$1,000,000 per loss and $1,000,000 in the aggregate, covering third-parry injury and
property damage claims, including clean-up costs, as a result of pollution conditions
arising from CONTRACTOR's operations and completed operations. This insurance
shall be maintained for no less than three years after final completion.
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 OWNER and its engineer
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.
Insurance covering the specified additional insureds shall be primary insurance, and all
other insurance carried by the additional insured shall be excess insurance; and with
respect to workers' compensation and employer's liability, comprehensive automobile
liability, commercial general liability, and umbrella liability insurance, CONTRACTOR
shall require CONTRACTOR's insurance carriers to waive all rights of subrogation
against OWNER and its engineer, the engineer's consultants, and their respective officers,
directors,partners, employees and agents.
Each policy shall contain a cross liability or severability of interest clause or endorsement.
26. MEDIATION/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.
27. GOVERNING 'LAW & VENUE - This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of Florida. Venue
Constriction Agreement
City of Winter Springs and Sawcross,Inc.
Page 16 of 31
I,br any silate action OT litigation shalli. be SEMINOLE County, flori&i. 'Venue f6r arly federal
action or litigatim.i.shall be Orlando,HoTida.
2& AT,ron.EY'S FEE S Sbould.either-party brjDg an action tO enforce any of the terms of t1his
A eernent, each party shall bear its own costs and.expenses of sucla action including, but not
linritcA tug,reasonableattorney's fees,whether art settlen.rent, trial or on.appeal..
29.. N(Yric,ES - A.Ry notice or approval under this Contract shall be sent, postage prepaid, to the
applicable pzirty at the ad(..Ircss shown.on.the first page of this Contract.
30. WORK IS A. PR-tVA.I.E UNDER"F'A KING - With regard to any and all. Work performed
ereuuun(1err, it is specifically understood and ap.,,rLed to by and between the parties hereto tliat
the contractual relationship between the OWNER and CONTRACI OR is such[ that the
C,'ONTRACTOR is an indeperldent contraclor and. not an agent of the OWNE.R. 'rhe
CIDN"FRACT'OR, its contractors, partners, agents, and their erriployees are independent
contractors arid not employees of the OWNER, Nothing in.this A�7eement shatl be interpreted
to establish any relationship other than that of an. iridependent contractor. between tine
OWNER-, on Orl(, haDd, and the CIDN'TR AC'rotz, its contractors, parIners, employees, or
agents,duri.rigy or after the perl'ormaricc of the or under this Agreement,
31- DOCI.J.MENTS . Public Recordsr It is hereby specificallyqp-eecl that any record, docurneTA,
computerized information and pr(.)grarn, audio or video tape, photograph, or other writing of"
the CONTRACrOR and its indepert(Jent ex.nitractors and associates rLtated, directly or
indircetly,to this Agreerinent,irtay be deerr-ied to be as Pulblic.R.e(...ord whether in the possessioni
or control (if the OWNER or the C0N,rR.AC`T0R- Said reco.rd, document, cornputerizeuJ.
infoinnation and program, audio or video tape, photograph, oi.-- other- writing of' the,
CONTRA(-TOR is sLjbjcct to the provisions of Chapter 119, Florida. Stitutes, and may not, be
destroyed.without the ,,specific written approval of the OWNETs City Manager. (Jpon xrquest
by teas OWNER, the CONTRA.CmR s1liall promptly supply copies of'said public records to
the OWNER. A,H books, cards, registers., receipts, docurnents, and other papers inn connextion.
with this.Agrerrient shall at any and all.] reasonable times during ti-re nonnal. working haurs of
the CONTRACTOR 'be open arid fireelly eydiibited to the OWN.1l for- the puq..-)ose of
examination ancl/or audit. Faihn.-e by CONTRACTOR. to grant su ch. access arid comply, with
public records laws ,ind/or-requests shall be �7, ounds for itmnediate utiflateral cancellation of
this Agreemerit by the OWNER up on. detivery of as written notice of caticellation. If
CONTRACTOR fails to comply wid-11 this Section` and the OWNER must entbree this
Section, or, the OWNER sufleTs a third party award ofattomey's fees and/or damages for
violating Chapter 119, .Flor,ida Statutes, &C to (.",(,..)N"I'R.A.C"I"OR.."s faifure to comply with this
Section, the OWNER shall collect frorn CONTRACTOR prevailing party attor-ney's fees aml
costs, and any darriages incurr-ed by the City, I.-br enffirc.ing this Section against
CON'TRACTUR, And, if applicable, the OWNTR. shaill also be entitle(,l to reimburseTnent of'
all attorneys' fbes and darnages which the OWNER hw to pay as third.party because of the
.1
CON'TRACTOR's failure to comply with this Section. The terms and conditions set forth in
this Section S111a.11 Survive the termination of this Agreement.
Construction Agreement
fty of'Whiter Springs and Smcross,Inc.
Pagc-, 17of 31
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK,AT (407) 327-6560,
coven cvwiaters� rifsll orb, Christian Gowan, City Clerk's Office, 1126 E. State Road
434,Winter Springs,Florida 32708.
32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section
768.28, Florida Statutes and any other statutes and common law governing sovereign
immunity to the fullest extent possible. Neither this provision nor any other provision of this
Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on the OWNER's potential
liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable
under this Agreement for punitive damages or interest for the period before judgment.
Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one
person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or
portion thereof, which,when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds three
hundred thousand dollars($300,000.00). Nothing in this Agreement is intended to inure to the
benefit of any third party for the purpose of allowing any claim which would otherwise be
barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall
survive termination of this Agreement.
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 REMEDIES - Waiver by either parry of any terms, or
provision of this Agreement shall not be considered a waiver of that term, condition, or
provision in the future. No waiver, consent, or modification of any of the provisions of this
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 18 of 31
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, certified mail,return receipt requested,postage prepaid to:
For CONTRACTOR:
Sawcross,Inc.
Attn: Mark Hickinbotham
10970 New Berlin Road
Jacksonville,FL ,32226
904-751-7500
For OWNER:
City of Winter Springs
Attn: City Manager
1126 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. Any Notice given as provided herein shall be deemed received as follows: if delivered
by personal service, on the date so delivered; if delivered to an overnight courier service, on
the business day immediately following delivery to such service; and if mailed, on the third
business day after mailing.
38. CONFLICT OF INTEREST.
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,
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 19 of 31
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.
39, ADDITIONAL ASSURANCES.
a. No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Work under this Agreement is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in any Work required by this Agreement by any Federal, State, or local
governmental commission., department, corporation, subdivision, or agency;
b. No principal (which includes officers, directors, or executive), individual holding
a professional license and performing Work under this Agreement, employee, or agent
has employed or otherwise provided compensation to, any employee or officer of the
OWNER; and
C. No principal (which includes officers, directors, or executive), individual holding
a professional license and performing Work under this Agreement, employee or agent has
willfully offered an employee or officer of the OWNER any pecuniary or other benefit
with the intent to influence the employee or officer's official action or judgment.
40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any
City contractors shall register with and use the U.S. Department of Homeland Security's E-
Verify system,htt s //e ve if' uscis tl�ov/ems, to verify the work authorization status of all employees
hired on and after January 1, 2021. City Contractors must provide evidence of compliance with
section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all
employees hired on and after January 1, 2021 have had their work authorization status verified
through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to
comply with this provision will be a material breach of the contract, and shall result in the immediate
termination of the contract without penalty to the City. The City Contractor shall be liable for all costs
incurred by the City securing a replacement contract, including but not limited to, any increased costs
for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor
utilizes Subcontractors the following shall apply:
a. Contractor shall also require all subcontractors performing work under the Agreement
to use the E-Verify system for any employees they may hire during the term of the
Agreement.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 20 of 31
b. Contractor shall obtain from all such subcontractors an affidavit stating the
subcontractor does not employ, contract with, or subcontract with an unauthorized
alien,as defined in section 448.095,Florida Statutes.
C. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt
and shall maintain a copy for the duration of the Agreement.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal on the date first
above written.
CITY OF WINTER SPRINGS
By: i�
Shawn Boyle, Ciw",l anager
4
n i
Date
VirAoJ� +�
•. f
ATTE51"; .
Chrtstian Gowa City ClerkJ4,1
CONTRACTOR
'4
Sawcross,� Inc. 'y
By:
Print name/title: Mark Hickinbotham, President
Date: 1/13/2021
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 21 of 31
STATE OF Florida
COUNTY OF Duval......................._..
The foregoing instrument was acknowledged before me by means of(-?�j physical presence or
(__)online notarization,this 13th day of J„an„u„a„ a w mm,2021 ,
byMark Hickinbotham,,,,, ,the_President of
Sawcross, Inc. ,who is ..�ersonall known to me or who produced
as identification and who did take an oath.
,. ► CHRISTINAL.PARKER
M1,COMMISSION#GG903233 (Notary Publlic Signature)
EXPIRES:.FOMM 18.2023
.;uFryo¢' 8MMTlwNQtWyPubllcUn WW$ Christina L. Parker
(Print Name)
Notary Public, State of Florida
Commission No.: GG303233
My Commission Expires: . 02/18/2023mmITIT,,,,mW..............................,
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 22 of 31
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a)
Bond NO. 30111410
Contractor Name Sawcross, Inc.
Contractor Address 10970 New Berlin Road,Jacksonville, FL 32226
Contractor Phone No.(904)751-7500
Surety Company Western Surety Company
Surety Address P.O.Box 5077,Sioux Falls,SD 57117
Surety Phone No. (877)276-7511
Owner Name City of Winter Springs, Florida
Owner Address 1126 East State Road 434,Winter Springs, FL 32708
Owner Phone Number (407)327-1800
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No. (If Applicable)
Project Name WTP No. 1 HSPS Suction Piping Replacement
Project Location 851 Northern Way, Winter Springs, FL 32708
Legal Description and Street Address 851 Northern Way,Winter Springs, FL 32708
Description of Work
1. Furnish and install 14-in to 42-in ductile iron piping and fittings
2. Furnish and install chemical injection points, vaults, and associated piping
3. Complete critical transitions(including time sensitive tie-ins and overnight work)
FRONT PAGE
All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that
May be preprinted thereon.
EXHIBIT A
PERFORMANCE:
Bond No. 30111410
BY THIS
. S E , We Sawcross,Inc. s Principal, whose address
is 10970 New Berlin a��a , _ckso v lle,if L 22i.�.... ��;l�pl��m number �� ������,.?5t„75�D�D.... .. and
Western Suret ar�a� l��� , � �� �' whose address is to fin.Box 5077,Sio Falls,S 5'7117
,.�.. p S ... . .. .�........ ...... _...._... ....---
aznd telephone h a�n number is $�Q �3t 6053 - are bound to the City of Winter Springs, a Florida
municipal corporation, as OVVNEIR, whose address is 1126 E. State Road 434, Winter Springs,
Florida 32708 and telephone nuniber is 7-327.-18 l , in this initial sum of
met Hundred d Fni lnt _Two* �l i tl��® cuf � �� i rice),or such greater amount as the
.52�.3�.®..�E� n......... .
Contract may be adjusted from turns to tinate in accordance with the Contract between the
Principal and OWNER) (the'Ternal Sum")., *'t'housannd':hree]E-t aadred and 00/1 OLhs)
WHEREAS, the Principal has executed a contract with the E , dated J aananar-v !1,2021
for-the construction of the ' TP No. l HSPS Suction Piping Replacement project in the City of
Winter Springs, Seminole o ty,Florida(the"Project").; and
Project Address:Sa 1 Northern Way,Winter Springs,K,32708
WHEREAS, the OWNER :has required the Principal to rumish a performance bond ,
accordance wiffilaw and as a condition of executing the Contract with:Principal; and
WHEREAS, this bond" is being entered .into -to satisfy � r�apanir ran. rats �� S •born 255.05(l),
]Florida Statates and the Contract referenced above, as the same may be amended, and
additionally, to provide common law rights more expansive than&s required by statute,
NOW THEREF ORE, the Surety and the Principal, both joint and severally, and for themselves,
their heirs,administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL " . . FULL
PERFORMANCE. The Contract is incorporated by reference eance and de a part of this bond.
The Surety and the Principal are bound for the fnnll performance of the Contract including
without exception all of the ContractDocuments (as defined,in the Contract) and all of their
terrrus and conditions,both express and implied.plied. itho t limiting the Principal's and Surety's
obligations under the Contract and this bond,the Principal d Surety agree:
Au Promptly and faithfully perform their duties and all the covenants,terms, conditions,and
obligations urnder the Contract including,but not limited to the insurance provisions,
guaranty period and the warranty provisions, in the time and manner prescribed in the
Agreement,eant, and
Construction Agreement
City of Fluter Springs and SRawcross,Inc.,
Page 23 of 31
B. Pay OWNER all losses, damages,delay damages(liquidated or actual),expenses, costs
and attorneys' fees under sections 627.428 or 627.756,Florida Statutes,including costs
and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from
any breach or default by Principal under the Contract, and
C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold
harmless the OWNER and ENGINEER from all costs and damages which it may suffer
by reason or failure to do so.
2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the
OWNER shall provide to Surety the written affidavit of the OWNER stating that the
Principal is in breach or default of the Contract, and that such breach or default remains
uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for
providing notices as set forth in Paragraph 7 below, Surety must promptly notify the
OWNER in writing which action it will take as pennitted in Paragraph 3.
3. SURETY'S OBLIGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF
CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the OWNER's
affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety
may promptly remedy the breach or default or must,within ten (10) days,proceed totake one
of the following courses of action.-
A. Proceed Itself. Complete performance of the Contract including correction of defective
and nonconforming Work through its own CONTRACTORs or employees, approved as
being acceptable to the OWNER, in the OWNER's sole discretion, provided, however,
that OWNER's discretion in approving the Surety's CONTRACTOR will not be
unreasonably withheld as to any CONTRACTOR who would have qualified to offer a
proposal on the Contract and is not affiliated in any way with the Principal. During this
performance by the Surety, the OWNER will pay the Surety from its own ftmds only
those sums as would have been due and payable to the Principal under the Contract as
and when they would have been due and payable to the Principal in the absence of the
breach or default not to exceed the amount of the remaining Contract balance less any
sums due the OWNER under the Contract. During this performance by Surety, any
payment bond required under the Contract must remain in full force and effect; or
B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a
CONTRACTOR, together with a contact for fulfillment and completion of the Contract
executed by the completing CONTRACTOR, to the OWNER for the OWNER's
execution. OWNER's discretion to approve Surety's completing CONTRACTOR will
not be unreasonably withheld as to any CONTRACTOR who would have qualified to
offer a proposal on the contract and is not affiliated with the Principal. OWNER's
discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 24 of 31
the tendered.contract shall be in OWNERs sole and absolute discretion. Upon execution
b-y the OWNER of the contract for fulfillment and can C mpletion of the ontract, the
completing CONTRACTOR must furnish to the OWNER a performance bond and a
separate payment bond, each in the form of those bonds previously furnished to the
OWNER for the Project by the Principal. Each such bond must be in the .Penal. Sum of
the full cost to complete the Contract. Ilie OWNER will pay the completing
CONTRACTOR from its own funds only those sums as would have been due and
payable to the Principal -under the Contract as and when they -would have been due and
payable to the Principal in the absence of the breach or defhutt not to exceed the arnount
of the remaining Contract balance less any sums due the OWNER under the Contract. To
the extent that the OWNER is obligated to pay the completing CONTRACTOR sums
which would not have been due and payable to CONTRACTOR-under the Contract(any
sums in excess of the then remaining Contract balance less any sums due the OWNER
-under the Contract), the Surety must pay the OWNER the full amount of those sums at
the time the completing CONTRACTOR -tenders an invoice to the OWNER so that the
01%NER can utilize those sums in making timely payment to the completing
CONTRACTOR;or
C. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sian. of the
performance bond. The OWNER will refund to the Surety without interest any unused
portion not spent by the OWNER procuring and paying a completing CONTRACTOR or
completing the Contract itself, plus the cost allowed under Section 4, after Completion of
the contract for fiilfillment and completion of the Contract and the expiration of any
applicable warranties; or
D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and
the Surety.
E. IT SHALL BE NO DEFENSE TO SURETY'S OBLIGATION TOUNDERTAKE
ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL
CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE
CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS
DEFECTIVE,OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM
OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS
RE CEIVED THEAFFIDAV11T OF THE OWNER AS SPECIFIED IN
PARAGRAPH 2.
® SURETY'S ADDITIONAL OBLIGATIONS. In addition to those duties set forth
herein above, -the Surety must promptly pay the OWNER (i) all losses, costs and expenses
resulting frown the Principal's breach(es) or dcfault(s), including, without limitation, fees
(including attorney's fees pursuant to sections 627.428 or 627.756, Florida Statutes and related
costs), expenses and costs for architects, ENGINEERs, consultants, testing, surveying and
attorneys,plus (ii) .fiquidated or actual damages, whichever may be provided for in the Contract,
Construction Agreeffienk
City of Winter Springs and Sawcross,Inc.
Page 25 of
for lost use of the Project, plus (iii) reprocurernent costs and fees and expenses, plus (iv) costs
incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided
that in no event shall Surety's lidbility exceed the Penal Sum of this Bond.
5. SURETY'S WAIVER OF' Narw& The Surety waives notice of any Modifications to the
Contract, including changes in the Contract Time, the Contract Sum, -the amount of
liquidated darnages,or the or to be performed wider the Contract.
6. NO 1111" PARTY BENEFICIARIES. The Surety provides this performance bond for
the sole and exclusive benefit of the OVVNER and OWNER."s heirs, administrators,
executors, successors and assigns. No other party, person or entity has any rights against the
Suxety.
7. METHOD OF NOTICE. All notices to the Surety, -the Principal or the OWNER must be
given by Certified Mail, Return Receipt Requested, to the address set fourth :for each party
below:
SURYFY:
Name: Weste,rg,Su, tyTq �)inpjany& .......
Attention: Surety,
.............................. ...............................................
Street: CINA,Sur�.y),,,J5J.,.N1.,F,ra,n,klj,.n§q,pe't.- 17th.Flo or
City, State: Cbicag2,1L
.............................
Z 5p- 60606.
PRINCIPAL:
.....................
Attention: Mark Hickinbo tharn,President.... ....... ............
Street: 10970 New ultra Road
.................................. .............................
City, State: Jacksonville,EL ...................................... .......... . .......
'' "" .... ...............
Zip: ...... ........--
OWNER-.
The City of Winter Spi.ings
Attention: Shawn Boyle, City Manager
1126 E., State Road 434
Winter Springs,Florida 32708
(407) 327-1800
'With a copy to:
Anthony A. Gar ganese,City Attorney
Brown, Garganese,Weiss&D'Agresta,P.A.
Construction Agreement
City of'Winter Springsand Saweross,Inc.
Page 26 of 31
I I I N. Orange Avenue, Suite 2000
Orlando,Florida 32802
(407)425-9566
8. STATUTE OF LIMITATIONS. Any statutory limitation, which may be contractually
superceded, to the contrary notwithstanding, any action hereon may be instituted so long as
the applicable statute of limitations governing the Contract (including any warranty period)
has not run or expired or within three (3) years following Final Completion of the Contract
(including any warranty period) and acceptance of the Work performed under the Contract
by the OWNER,whichever is longer.
9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference
herein and are expressly made a part of this Performance Bond.
10. GOVERNING LAW. This performance bond shall be governed by, and construed in
accordance with the laws of the State of Florida without regard to its conflict of laws
provisions.
11.VENUE. In the event any legal action shall be filed upon this performance bond, venue shall
lie exclusively in the Circuit Court for Seminole County,Florida.
12.MISCELLANEOUS.
A. The Surety agrees that this performance bond shall afford the OWNER with all of
the protections and rights afforded under Florida Statutes and under common law.
B. This performance bond is issued in addition to any other bond or warranty required
under the Contract including,but not limited to, any labor and materials payment
bond and maintenance bond. Each bond issued under the Contract shall be construed
as separate and distinct from each other.
C In the event that the Surety fails to fulfill its obligations under this performance
bond,then the Surety shall also indemnify and hold the OWNER and ENGINEER
harmless from any and all loss, damage, cost and expense, including reasonable
attorneys' fees and costs for all trial and appellate proceedings,resulting directly or
indirectly from the Surety's failure to fulfill its obligations hereunder. This
subsection shall survive the termination or cancellation of this performance bond.
This performance bond shall remain in full force and effect until such time all the work,
labor and materials under the Contract have been performed or provided to the
OWNER's complete satisfaction,through the expiration of all warranty periods.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 27 of 31
C'C
�l° IiMn 1
Principal _ Surer.
. ._.,. ... m��(S"a`wr , " Western Surety Cornsnr
...w .
(Typed Name)
ed, mruNa � w
P
v �
m� 0
ca
(S .)m_ .�m .., (Seal).... .
m . w
a n s
F
6 6�
B :
By /
" Xv,
(Signature (Sig :r
-Mark Hickinbotharn A ril L Livel.� ..m _ — i'.........._.. _. .e..
(Printed Name) (Printed Name)
Preside
nt Attorney-in-Fact&FL Licensed Resident Agent
Title..... u_�w..._�...� .�..... .......�.....�.� ���....__�_. r..� .
( ) (Title)
10970New Berlin Road Guignard ComLan
.�.� nnn��. _........... . ... �-�. ...._ �. � ,
llacksonville,FL 32226 1904 Boothe Circle,Longwood,FL 32750
Address (Address)
�anua� 13 2021
...�.....��� .._....M��, �..... ..... �,�
(Date of Execution) (Date of Execution)
Inquiries(407) 834-0022
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 28 of 31
LABOR AND MATERIALSA N FORM
Bond No. 30111410
BY THIS LABOR ATE PAYMENT BOND, We
Sawcross,Inc...mm as Principal, whose address is
10970 New Berlin Road Ja(*sp nyill,,, �_ 322;,Oand telephone number is (904) 751-7500 d
Western Sure4 C�n,...+ as Surety, whose address is
P.O.Box 5077,Sioux Fa11 LSD 57117 and telephone number is
i0.0p.,.331 605.3 are bound to the City of Winter Springs, a Florida municipal
corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs,
Florida 32705 and telephone number is 407-327-1 00, in the initial sum of
9.8,2._3....00.00 (Nine Hundred Ei fht
_._... Two* -- (11. % of Contract rice), or such greater
� .. .... ................_._..._.... n
amount as the Contract may be adjusted from time to time in accordance with the
Contract between the Principal and OWNER)(the`Penal Sum").
*Thousand Three Hundred and 00/100ths)
WHEREAS, the Principal has executed a contract with the OWNER, dated.
Januau 11 2021 , for the construction of the WTP No. I HSPS Suction Piping
Replacement project in the City of Winter Springs, Seminole County, Florida. (the
"Project"); and
Project Address: 851 Northern Way,Winter Springs,FL 32708
WHEREAS, the OWNER has required the Principal to furnish a labor and materials
payment bond in accordance with law and as a condition of executing the Contract with
Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section
255.05(l), Florida Statutes and the Contract referenced above, as the same may be
amended, and additionally, to provide common law rights more expansive than as
required by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for
themselves, their heirs, administrators, executers, successors and assigns agree as
follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR
FULL PERFORMANCE. The Contract is incorporated by reference and made a part of
this bond. The Surety and the Principal are bound to promptly make payments to all
claimants, as defined in Section 255.05(1),Florida Statutes, supplying Principal with
labor,materials, supplies, or rental equipment used directly or indirectly by Principal in
the prosecution of the work provided under the Contract. Any such payments shall not
involve the OWNER in any expense.
2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section
Construction Agreement
City of Winter Springs and Saweross,Inc.
Page 29 of 31
255.0.5,Florida Statutes, and applicable law. Therefore,a claimant, except a laborer,who
is not in privity with the Principal shall, before commencing or not later than 45 days
after commencing to furnish labor, services, or materials for the prosecution of the work,
fi=i.sh the Principal with written notice that he or she intends to look to the bond for
protection. A claimant
aimant who is not in privity with the Principal and who has not received
payment for his or her labor, services, or materials shall deliver to the Principal and to the
surety written notice of the performance of the labor or delivery of materials or supplies
and of the nonpayment, The notice of nonpayment may be served at any time during the
progress of the work or thereafter but not before 45 days after the first furnishing of
labor, services, or materials, and not later than 90 days after the final furnishing of the
labor, services, or materials 'by the claimant or, with respect to the rental equipment, not
later than 90 days after the date that the rental equipment was last on the job site available
for use. Any notice of nonpayment served by a claimant who is not in privity with
Principal which includes sums for retainage must specify the portion of the amount
claimed for retainage.
3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to
the Contract, including changes in the Contract Time, the Contract Sum, or the labor,
work,or materials required to be perfon-ned under the Contract.
4, BENEFICIARIES. The Surety provides this performance bond for the sole and
exclusive benefit of the OWNER.and OWNER's heirs, adn.unistrators, executors,
successors and assigns, as well as for the benefit of any claimants who have actually
provided labor,material, rental equipment, or services under the Contract.
5. RECITALS. The recitals contained in this labor and materials payment bond are
incorporated by reference herein and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment bond shall be governed by,and
construed in accordance with the laws of the State of Florida without regard to its conflict
of laws provisions.
7. VENUE. In the event any legal action shall be filed upon this labor and materials
payment bond, venue shall lie exclusively in the Circuit Court for Seminole County,
Florida.
8. MISCELLANEOUS.
Construction Agreement
City of Winter Springs and Sawcross,Inc.
Page 30 of 31
.A. The Surety agrees that this labor and materials payment band shall afford the
OWNER and all claimants under tlie Contract with.all of tine protections -and rights
afforded under Florida Statutes and under con.. on law.,
B. This labor and materials payment bond is issued in addition to any other bond or
warranty required under the Contract including,but not limited to,any performance
bond and maintenance bond.Each bond issued under the Contract shall be construed
as separate and distinct from each other.
C. In the event that the Surely fails to ffiffill its, obligations under this labor and
materials payment bond,then the Surety shall also inderanify and hold the OWNER
har am and ENGINEEIR less from any and all loss, dunnage, cost and C)�pense,
I ,, "
�tdhidirtg reasonable attorneys' .fees mid, bi costs for all. al a nd appellate proceedings,
0�� 9 4�661iing directly or indirectly from.the Surety's failure to fulfill its obligations
jiner. 'Mis si bsection,shall survive the terimnation,or cancellation of this labor
id
0 0rn (Ma#rials payment bond.
.�rlabor and materials payment bond sball remain in full force and eff.act unitil such,
lairn hereunder has duly expired.
fifirip jbat the legal deadline f-or a c
M,
00
12
�10
Principal Surety
Sawcrossjnc. e Wstern Surety_gLiLrU2MI)
..........
... .......(Typed Firin't Name) (TypedTirm Name)
04H Oo
Cv.
'�Y C,
eal
--------------------------------------------- ...............
'All"
(S ) (Sea]) n
BY By
.. ...... ............. ................
(Sign Mark Hickinbotharn,
................................................. ..... .. ............................ .....
(Printed Name) (Printed Nanie)
President Atto in Fact FLI.Acensed - dent A. ent
............... I...............
gitle) (Title)
Puri nand Com,any
10970 New.Berlin Road 1904.Boothe Circle
_111111111"......................
Jacksonville,F.11,32226 Longwood,FL 32750
.......... ................................................. ....................... ............ . ...... ............. ...............
(Address) (Address)
- 4nuAt y_j&_20.21........ ......
(Date of Execution) (Date of Execution)
Inquiries(407)834 0022
Construction Agreernent
City of Winter Springs and Sawc.ross,Inc.
Page 31 of 31
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Bryce R Guignard, Christine A Morton, Paul J Ciambriello, Deborah Ann DeFoe, M Gary
Francis,April L Lively,Jennifer L Hindley,Margie L.Morris,Allyson Foss Wing,Kelly Phelan,
Individually
of Longwood,FL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 24th day of October,2019.
WESTERN SURETY COMPANY
i�1RET"
=Wi4 t�ti=5
`*4SCA`'r*'r
v�
�Tjr p101 _
caul T.Bruflat,Vice President
State of South Dakota
ss
County of Minnehaha
On this 24th day of October,2019,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be
the act and deed of said corporation.
My commission expires
J.MOLAR
�soura°A"°r"l
..............June...23,2021.......................,...
.................................
- -.....- ....
J.Mohr,Notary Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the`a q,0V [hk16hA, is`13th day of January,2021.
�pNNY y,
Z�`Cr�:'�tt, -��'•; ,-=�tiogq�o; WESTERN SURETY COMPANY
C:k sW`40 1�^se
r�� S •
fix
O 1r 1 L;aJ EAv�
�
L.Ne
Form F4280-7-2012 /'�, ���' f(5 as lson,Assistant Secretary
••... T a a
Go to wwwxnas r 'f-71� @�a/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity.
Client#:1025198 SAWCRINC
DATE(MMIDDIYYYYI
ACORD. CERTIFICATE OF LIABILITY INSURANCE 12107/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
NAME: Staci Richter
US[Insurance Services LLC PHONE
�_,AK:,No,Exty:904-450�717 i No
877-775-0285
4600 Touchton Rd ADDRESS: staci.richter@usi.com
Building 100,Suite 275
Jacksonville,FL 32246 _ INSURER(3)AFFORDING COVERAGE I NAIC 0
INSURER A:Travelers Indemnity Co of America 125666
INSURED INSURER B:Travelers Property Cas.Co.of America 25674
SaWCross,Inc. _
INSURER C.Bridgefield Casualty Insurance Company 10335
10970 NEW Berlin Road INSURER D:lronshore Specialty Insurance Cc ;25445
Jacksonville,FL 32226 lusuRERE:
_ INSURERF; _... ......... ......... I, .._.
COVERAGES CERTIF � .> .......k.....................,.,.�n.,ro,�,.,�.',.,,,...,.�._.—�n._.�.._""""_.,EREVISION--, ,.�— .�---- �....���
CATE NUMBER: NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR_... ._. .... ......... 'ADDLSUBR -;-ppppLLICY EFF POLICY E�pp
LTR TYPE OF INSURANCE INSR INN, POLICY NUMBER gMMIDDIYYYY� UNITS
A X COMMERCIAL GENERAL LIABILITY DTC03P199789TIA21 �1/0112021 0110112022:EACH OCCURRENCE $1,000,000
,�CLAIMS-MADE OCCUR R�iMACybE�O RENTED
RAMIE
xcurrence 5300,000
XI Blanket Add'I Ins. MED EXP(Any me parson) $5,000
XI Blanket Waiver I PERSONAL&ADV INJURY, $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $2,000,OOD
POLICY�PRO-
POLICY LOC i qqI,PRODUCTS-COMP/OPAGG $2,000,000
OTHER: I $
...... ... .I ... , _ .......... :com NED SINGLE LIMB ......... ..
A AUTOMOBILE LIABILITY 8103P115918212613 1101/202101/01/2022;E.ecdIderd 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
OWNEDONLY SCHEDULED
OS AUTOS
BODILY INJURY(Per accident) $
_ AUT
HIRED X NON-OWNED PROPERTY DAMAGE J$X AUTOS ONLY X AUTOS ONLY (Per accident,
I PIP $10,000
B XIUNBRELLALIAS X I OCCUR CUP3P2416832126 1/01I2021 01101/2022EACHOCCURRENCE 1$5,000,000
EXCESSCLAIMS-MADE � _
I CLAIMS-MADE I AGGREGATE $5 At DDO,OOD
i DED I X1 RETENTION$10000
C WORKERSCOMPENSAnON 19649974 i1101I2O21 01101/2022 X PER oTH
AND EMPLOYERS'LLABWTY .�70"1,,,dl L ANY PROPRIETOR/PARTNERIEXECUTIVE Y I N E.L.EACH ACCIDENT $500�,000
OFFICER/M£MBER EXCLUDED? � NIA --
(Myyaeendatory in NH) E.L.DISEASE-EA EMPLOYEE$500,000
be under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I,$500,000
B Installation QT6304P360215TIL A/01/2021 01/0111202� $2,000,000
D Pollution Liab. 004320900 2107/2020I 7 D21 1 $1,000,000
B Leased/Renter!Emu QT6304P360215TIL 11101/2021 01/01/2022 $500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N more space Is required)
RE:PROJECT NAME:WTP No.1 HSPS Suction Piping Replacement
BID NUMBER:06-20 LR
CERTIFICATE HOLDER CANCELLATION
City of Winter Springs,FlOrlda SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
YTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1126 East State Road 434 ACCORDANCE WITH THE POLICY PROVISIONS.
WinterSprings,FL 32708 __. _....�_ .... _.._.....�..........__ � ...m.. ------------------.rvrvrvrv... ..............
AUTHORIZED REPRESENTATIVE
01988.2015 ACORD CORPORATION..�� ll rights
.is reserved.
All rights reserved.
ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S30564433/M30564281 S9KZP