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REPAIR & REHABILITATION OF SANITARY SEWER MANHOLES & LARGE DIAMETER SEWER PIPES AT VARIOUS LOCATIONS THROUGHOUT CLEARWATER PIGGY-BACK TAMPA BAY WATER CONTRACT - 05-0072-UT I I I I I I I I I I I I I I I .1 I I I CONTRACT Repair & Rehabilitation of Sanitary Sewer Manholes & Large Diameter Sewer Pipes at Various Locations Throughout Clearwater Piggy- Back Tampa Bay Water Contract Project #OS-0072-UT ~ Clearwater - u April/2006 ROWLAND INC. 6855 1 02nd Avenue N. . Pinellas Park, FL 33782 April 18, 2006 City of Clearwater Office of the City Attorney City Hall Building, Third Floor 112 South Osceola Avenue Clearwater, FL 33758 Re: City of Clearwater 05/06 Sanitary Manhole & Liner Repair (05-0072-UT) Rowland Project No. 06-68 Dear Sir: In accordance with instructions per Robert Fahey, enclosed are four (4) sets of contracts for the above referenced project. The Contract bond, power of attorney and the contract have been signed and sealed by our bond agent and us. However, they have all been left undated. A letter from the bond agent authorizing the City to date the documents is included. The certificates of insurance have been attached to the inside ofthe front cover. We look forward to working for the City on this project. If you have any questions or need anything additional, please contact me. Very truly yours, ROWLAND INC. ~J':+t+ a~ :::"~amm, Jr. Vice President JLH/kat RECEIVED APR 2 6 2006 CITY ATTORNEY CUC - 052617 Phone (727) 545-3815 · Fax (727) 546-8464 CGC - 008892 Al"UI'(L(. l;t:t( I I I"" Il;A I t: VI"" LIAtslLl1 T N~UKANl;t: I 06/20/2006 PRODUCER (813)282-1965 FAX (813)282-9374 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION Lassiter-Ware Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTlACA TE 5600 Mariner Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Suite 215 Tampa, Fl 33609 INSURERS AFFORDING COVERAGE NAIC # INSURED Rowland, Inc. INSURER .f;: National Trust Insurance Co. 20141 6855 102nd Avenue, North INSURER 15 FCCI Commercial Insurance Co. 33472 Pinellas Park, Fl 33782 INSURER C: INSURER D INSURER E From: 888-883-858U 10: 1-/2/-452-t5009 pale: t511 IJate: 1/1112UOO 4:UU:11 PM THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01W1THSTANDlNG JW"( REQUIREMENT, TERM OR CONDITION OF JW"( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. 11~.f~ ~9:1 lYPE OF INSURANCE POLlCY NUMBER POUCY EFFECTIVE POLICY EXPRATION LIMITS GENERAL LIABlUTY GlOO042701 01/01/2006 01/0l/2007 EACH OCCURRENCE $ 1. 000. OOC ~ g~~GE TO RENTED 100,OOCl X COMMERCIAL GENERAL LIABIlITY $ -J. CLAIMS MADE 00 OCCUR MED EX? (Any OIle person) $ 5,OOCl A fy XCU Included PERSONAL & ADV INJURY $ 1. 000. OOCl GENERAl AGGREGATE $ 2.000.000 GEN'L AGGREGATE LlfIIT APPLIES PER: PRODUCTS.COM~OPAGG $ 2.000.00Cl h POLICY !Xl 5'~8r [XlLoC AIJTOMOBILE lIABILITY CA00041553 01/01/2006 07/01/2007 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accide!1j $ 1,000,000 I--- All OWNED AUTOS BODILY INJURY I I--- (Per person) $ SCHEDULED AUTOS A - HIRED AUTOS BODILY INJURY I - (Per accident) $ I NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO O~ Y - EA ACCIDENT $ ==i f>N( AUTO on ICR 11 IAN EA ACC $ AUTO ON.. V: AGG $ EXCESSlUMBRELLA LIABILITY UMB00024223 07/01/2006 07/0l/2007 EACH OCCURRENCE $ 5.ooo.00<l AI ::!J OCCUR 0 ClAIMS MADE AGGREGATE $ 5,OOO,OO<l FOllOW FORM $ ~ DEDUCTlBLE $ X RFTFNTlON $ 10,OOCl $ WORKERS COMPENSA1lON AND ! ~1TA~ 1 IO~ T I'LlMlT EMPLOYERS'LlABfUTY EL EACH ACCIDENT $ f>N( PROPRIETORIPARThlERlEXECLmVE OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ Ifves. descrtbe under EL DISEASE - POLICYLlMlT SPECIAL PROVISIONS below $ 0Tl-ER CMOOO25031 01/01/2006 07/01/2007 Scheduled Equipment limit: ~ontractors Scheduled 8 Equipment Coverage ~21,275.380 jDeductilbe $l,~ Special Coverage DESCRIPTION Of OPERATIONS ILOCAiIONS Ive-acLES f exCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS ~e: Project Repair and Rehabilitation of Sanitary Sewer Manholes and Large Diameter Sewer Pipes ~t Various locations thoroughout Clearwater Piggy-Back Tampa Bay Water Contract. l:>roject No. 05-0072-UT / Rowland Inc., Project No. 06-68 ~e City of Clearwater is named as an Additional Insured with respects to General liability as required by written contract. City of Clearwater P.O. Box 4148 Clearwater, FL 33758-4748 "f-' '0' j ,,' .'-. ,~\i'" "~~~"i CAN ELLA TlO SHOULD AN'{ OFlHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRATION DATE THEREOF, THE ISSUING INSURERWlLL ENDEAVOR TO MAIL ..JJ:L DAYS WRITTEN NOTICE TO THE CElmFfCATE HOLOERlIIAMED TO THE LEFT, SUT FAILURE TO MAlL SUCH N011CE SHALL IMPOSE NO OBILIGAllON OR lIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CERTIFICATE HO DER Kirk Bramlett RYEl ..-/~e___ ~-:Fl~ ACORD 25 (2001108) @ACORD CORPORATION 1988 :.~M;I..""U-'':;,'' J~',:J ',. ".:;. :.'G.... 1t.'-n "'_'.~~....."rH0..) ,,,,hit l; -,j.-.ti"'J!\iF .:,PVCS I)::' t- rom: tltSt\-tltMobotlU 10: 1-{L{-40L-O~ t-'age: tIt uare: tn IILUl.IO 4:UU: I t t-'IVI IMPORTANT If the certificate holder is an ADDmONAL INSURED, the policyUes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Wachovia Insurance Services. Inc. FL4041 4600 West Cypress Street Post Office Box 25277 (33622) Tampa. FL 33607 Tel 813 287-1936 . -~~- --~~ April 12, 2006 \VACHOYIA INSPHANCIi: SEHYICI.;S City of Clearwater PO Box 4748 Clearwater, FL 33758 Rowland, Inc. Jack Hamm 6855 102nd Ave. N. Pinellas Park, FL 33782 Contractor: Project: Bond No.: Amount: Rowland, Inc. 05/06 Sanitary Manhole & Liner Repair 104688604 $500,000 Gentlemen: We have executed the captioned bonds on behalf of Rowland, Inc. in favor of the City of Clearwater. Please note that we have not dated the bonds or the Powers of Attorney. The copy of the contract we received was not dated and as the bonds guarantee the contract they should not be dated prior to the contract date. We would not want this technicality to impede upon your rights to claim under the bond should such a circumstance arise. Please accept this letter as authorization to date the enclosed Bonds and Powers of Attorney concurrently with the contract date. Do not hesitate to contact our office should you have any questions in this regard. Thank you. Sincerely, Travelers Casualty and Surety Company of America 813-890-4400 .tkev;u ><k~ Diane Sidebotham Attorney In Fact FL Licensed Resident Agent CONSTRUCTION SERVICES DIVISION Insurance Products: [Not Insure~ by"FDIC or Any Federal Government Agency May Lose Value Not a Deposit of or Guaranteed by a Bank or Any Bank A~ . "ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 06/22/2007 PRODUCER (813)282-196S FAX (888)883-8680 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lassiter-Ware Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE S600 Mariner Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 215 Tampa, FL 33609 INSURERS AFFORDING COVERAGE NAIC# INSURED Rowland, Inc. INSURER A: National Trust Insurance Co. 20141 68SS 102nd Avenue North INSURER B: FCCI Commercial Insurance Co. 33472 Pinellas Park, FL 33782 INSURER c: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABIUTY GLOO042702 07/01/2007 07/01/2008 EACH OCCURRENCE $ 1,000,00 - X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00 - =:J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ s,ooe A X XCU Inc7 uded PERSONAL & ADV INJURY $ 1, 000, OOC GENERAL AGGREGATE $ 2,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2,000,00l h POLICY m jrg: m LOC AUTOMOBILE UABIUTY CAOO047SS4 07/01/2007 07/01/2008 COMBINED SINGLE LIMIT ~ $ X ANY AUTO RECElv (Ea accident) 1, 000, OOl ~ ED ALL OWNED AUTOS BODILY INJURY ~ $ SCHEDULED AUTOS (Per person) A ~ JUL 20 2( HIRED AUTOS 07 BODILY INJURY >-- $ NON-OWNED AUTOS (Per accident) >-- >-- OFF CIAl RECOR[ SAND PROPERTY DAMAGE $ , r-,... (Per accident) GARAGE L1ABIUTY -- '" 'I.. ,)J'(VL. P Utt"'l AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA UABILlTY UMBOO024224 07/01/2007 07/01/2008 EACH OCCURRENCE $ S,OOO,OOl o OCCUR D CLAIMS MADE AGGREGATE $ S,OOO,OOl A FOLLOW FOR/rl $ ~ DEDUCTIBLE $ X RETENTION $ 10,00l $ WORKERS COMPENSATION AND I T"X~T fJ,~" I IOJ~- EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~~,if~~~~1~NS below E.L. DISEASE - POLICY LIMIT $ ~THER CMOO02S032 07/01/2007 07/01/2008 Scheduled Equipment Limit: on tractors Scheduled B Equipment Coverage $1,32S,380/Deductib7e: $1,000 Specia 7 Coverage DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS lie: Project Repair and Rehabilitation of Sanitary Sewer Manh07es and Large Diameter Sewer Pipes at Various Locations thoroughout C7earwater Piggy-Back Tampa Bay Water Contract. Project No. OS-0072-UT / Row7and Inc., Project No. 06-68 The City of C7earwater is named as an Additiona7 Insured with respects to Genera7 L iabil ity as ~equired by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of C7earwater P.o. Box 4748 C7earwater, FL 337S8-4748 EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ Kirk Bram7ett/WENDYT ACORD 25 (2001/08) @ACORD CORPORATION 1988 -\ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 04/19/2006 PRODUCER (813)282-1965 FAX (813)282-9374 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lassiter-Ware lrisurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5600 Mariner Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 215 Tampa, FL 33609 INSURERS AFFORDING COVERAGE NAIC# INSURED Rowl and, Inc. INSURER A FCCI Commercial Insurance Co. 33472 6855 102nd Avenue, North INSURER B National Trust Insurance Co. 20141 Pinellas Park, FL 33782 INSURER C INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR cm.'DITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC,t,TE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COtJDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I,N;: ~~?;1 TYPE OF INSURANCE POLICY NUMBER P~^L~<;'Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CPPOO03898 07/01/2005 07/01/2006 EACH OCCURRENCE $ 1,000,000 - DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY $ 100 , 000 - CJ CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000 - A X XCU Included PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 I POLICY m m~T m LOC AUTOMOBILE LIABILITY CAOO04755 07/01/2005 07/01/2006 COMBINED SINGLE LIMIT X (Ea accident) $ ANY AUTO 1,000,000 - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) B - ~,' HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==J ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY UMBOO02422 07/01/2005 07/01/2006 EACH OCCURRENCE $ 5,000,000 I] OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 A FOLLOW FORM $ ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS C0MPENSATION AND I T~gJmI#<: ! 101~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ OTHER CPPOO03898 07/01/2005 07/01/2006 $1,218,480 Limit :Contractor's Equipment A Icoverage $1,000 Ded/Scheduled Equipment Special Coverage Il~ESCRIPTION OF OPERATIONS / LOCATIONS / VEHI:LES / EXCLUSIONS ADDED BY ENDORSf,ilnENT / SPECIAL PROVISIONS n.e: Project Repair and Rehab"ilitation of Sanita,"y Sewer Manholes and Large Diameter Sewer Pipes ~t Various Locations thoroughout Clearwater Piggy-Back Tampa Bay Water Contract. Project No. 05-0072-UT / Rowland Inc., Project No. 06-68 he City of Clearwater is named as an Additional Insured with respects to General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Clearwater BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 4748 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Clearwater, FL 33758-4748 AUTHORIZED REPRESENTATIVE ~~~ Kirk Bramlett/PEGR ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) PRODUCER Advanced Comp THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 2525 Drane Field Road, Ste. 3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lakeland, FL 33811 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (863)646-3332 I i 456 . INSURERS AFFORDING COVERAGE I NAIC# INSURED Rowland, Inc. INSURER A: Bridgefield Employers Insurance Co INSURER B: 6855 102nd Ave. INSURER c: Pinellas Park, FL 33782 --- INSURER D: I ; INSURER E: Policy Number: Date Entered: 4/20/2006 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~: ~o..~~1 TVP"n" POLICY NUMBER POLICY EFFECTIVE PgH9"Y EXPIRATION LIMITS I I i$ nERAL LIABILITY EACH OCCURRENCE rt~~MERCIAL GENERAL LIABILITY ~~~~~~J9E~~~J~~nce\ $ CLAIMS MADE D OCCUR MED EXP (Anyone person) $ tj PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ I n'L AGGREnE LIMIT APn PER: , PRODUCTS. COMP/OP AGG $ POLICY ~bW,: LOC ~OMOBILE LIABILITY I COMBINED SINGLE LIMIT $ , (Ea accident) ANY AUTO , r-- r-- ALL OWNED AUTOS BODILY INJURY $ f-- SCHEDULED AUTOS i (Per person) - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS I (Per accident) c-- , r-- PROPERTY DAMAGE i$ I I (Per accident) , , I GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO I EA ACC $ OTHER THAN 'I AUTO ONLY: AGG $ \ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE ~- f-- $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I I T~~$lml~;' I IOJ~- EMPLOYERS' LIABILITY $ 500,000 A I ANY PROPRIETOR/PARTNER/EXECUTIVE 10830-11902 4/1/2006 4/1/2007 E.L EACH ACCIDENT .- OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under $ 500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Repair & Rehabilitation of Sanitary Sewer Manholes & Large Diameter Sewer Pipes at Various Locations Throughout Clearwater Piggy-Back Tampa Bay Water Contract Project No. 05-0072-UT Rowland Inc. Project No. 06-68 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Clearwater DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN P.O. Box 4748 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Clearwater, FL 33758-4748 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r---~- Dickey I Fielding Dickey f-t. ~ -? ACORD 25 (2001/08) @ACORD CORPORATION 1988 Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing 800-208-1977 I I I I I I I I I I I I I I I I I I I - CONTRACT This CONTRACT made and entered into this Lday of ~ ' 2006 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter~designated as the "City", and Rowland, Inc., of the City of Pinellas Park County of Pinellas and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: Repairing existing sanitary sewer manholes and lines in accordance with the terms and conditions ofthe competitively bid and current Tampa Bay Water contract (piggy-backing the contract) for an amount of $500,000. Contractor shall start to commence Work on the current list under this Contract within ten (10) consecutive calendar days after the date contained in the written Notice to Proceed. From there on, Contractor shall be on site within the reasonably agreeable timing by the City when called upon for assistance. The contract will be terminated one (1) year from the date contained in the written Notice to Proceed or upon which time the contract funds have been fully utilized. In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instmctions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF SS MH Piggy-baekContraet Page 1 Revised: 12/05/05 I I I I I I I I I I I I I I I I I I I CONTRACT (2) THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because ofrace, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recmitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions ofthe non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per lli!r.. shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the perfornlance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the ternlS hereof shall be completed and furnished to the City in a form satisfactory to it. SS MH Piggy-baekContraet Page 2 Revised: 12/05/05 I I I I I I I I I I I I I I I I I I I CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA B ~A.'...__f3. ~-.rr. ~ Home, II City Manager Attest: Countersigned: By ~ }<~ Frank Hibbard, / Mayor Approved as to form and legal sufficiency: r:J ')) j) / .v~tcl ...-: Brya _ . Ruff Assistant City Attorney (Contractor must indicate whethe~orporatio~ Partnership, Company or Individual.) R Of...tl '~lIl.tI. T^ c. ( Contractor) ,y-b!t (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). SS M H Piggy-baekContraet Page 3 Revised: 12/05/05 I I I I I I I I I I I I I I I I I I I FRONT PAGE Attached to and part of Bond No. 104688604 In compliance with Florida Statute Chapter 255.05 (1)(a), Public Work. All other Bond Page(s) are deemed subsequent to this page regardless of any page number (s) that may be pre-printed thereon. Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: Surety Address: Surety Phone No.: Owner Name: Owner Address: Owner Phone No.: Obligee Name: (If contl'Ktinc entity is different froOl the owner, the cODtnctiJlc pnblic entity) Obligee Address: Obligee Phone No.: Bond Amount: Contract No. (if applicable) Description of Work: Project Location Legal Description Rowland, Inc. 6855 102nd Ave. N. Pinellas Park, FL 33782 727-545-3815 Travelers Casualty and Surety Company of America 7870 Woodland Center Blvd, Tampa FL 33614 813-890-4081 City of Clearwater PO Box 4748, Clearwater, FL 33758 727-462-6126 NA NA NA $500,000.00 05-0072-UT 05/06 Sanitary Manhole & Liner Repair Clearwater, FL NA I I I I I I I I I I I I I I I I I I I BOND NUMBER: 104688604 CONTRACT BOND STATE OF FLORIDA COUNTY OF Pinellas KNOW ALL MEN BY THESE PRESENTS: That we Rowland, Inc. Contractor and Travelers Casualty and Surety Company of America (Surety) whose home address is 7870 Woodland Center Blvd., Tampa, FL 33614 as HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: Five Hundred Thousand & NO/100 Dollars ($ 500,000 ) for the payment of which we bind ourselves, our heirs, executors, administrato~successors, and assigns for the faithful performance of a certain written contract, dated the 3 day of ~ ./ , 20<y: entered into between the Contractor and the City of Clearwater for: 6 ~L!J a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Section V Page I Revised: 5/1 1/2005 I I I I I I I I I I I I I I I I I I I CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2005. Rowland, Inc. CONTRACTOR ATTEST: .,~~r Kenneth D. Rowland, Secretary Travelers Casualty and Surety Company of America WITNESS: 0ffid~ J<1aveJc SIJIlE~ 813~890-4400 BY:~/LULd~L11~_ ATTORNEY-IN-FACT Diane Sidebotham FL Licensed Resident Agent COUNTERSIGNED: WACHOVIA INSURANCE SERVICES, INC. 4600 W. CYPRESS Sl TAMPA, FL 33607 (813) 287-1936 Section V Page 2 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA VELERSCASUALTY AND SURETY COiYLPAJ'iY FARML'iGTON CASUALTY COMPANY Hartford, Cunnecticut 06183-9062 POWER OF ATTO&''iEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT K1~OW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR1VlINGTON CASUALTY COlVIPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Diane Sidebotham, John R Neu, Carol H. Hermes, of Tampa, Florida, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. " This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COlVIPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COlVIPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certiticate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. I I I I I I I I I I I I I I I I I I I ---------- CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF On this day personally appeared before me, administer oaths and take acknowledgments, deposes and says: the undersigned authority, duly authorized to , who after being duly sworn, That he is the (TITLE) , a Florida Corporation, with its principal place (herein, the "Contractor"). of of business located at That the Contractor was the general contractor under a contract executed on the day of , 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me AFFIANT This _ day of , 2006. BY: NOTARY PUBLIC My Commission Expires: PRESIDENT SS M H Piggy-backContract Page 4 Revised: 12/05/05 I I I I I I I I I I I I I I I I I I I - Contract No. 2005-079-01 AGREEMENT This Agreement is made this9:!2day of ~os, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an interlocal governmental agency of the State of Florida, created and existing pursuant to Sections 163.01, 373.1962 and 373.1963, Florida Statutes, ("TAMPA BAY WATER"), and Rowland Inc. ("CONTRACTOR"), a corporation in the State of Florida and authorized to do business in the State of Florida.) WITNESSETH: WHEREAS, TAMPA BAY WATER desires to retain CONTRACTOR to provide As- Needed Contractor Services; and WHEREAS, TAMPA BAY WATER has selected CONTRACTOR in accordance with competitive bidding procedures; and WHEREAS, CONTRACTOR agrees to serve as TAMPA BAY WATER'S Contractor for As-Needed Contractor Services based upon the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the premises set forth hereinabove, and of the mutual promises hereinafter set forth, the sufficiency and adequacy of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1.0 RETENTION: TAMPA BAY WATER does hereby retain and engage the CONTRACTOR and the CONTRACTOR does hereby accept said engagement and agrees to provide TAMPA BAY WATER's As-Needed Contractor Services. 2.0 TERM: This Agreement shall commence on October 1, 2005, and terminate 2 years therefrom. TAMPA BAY WATER, at its discretion, shall have the option to renew this Contract for an additional two (2) years, one year at a time, or any portion thereof. This option shall be exercised in writing and will be exercised only if agreeable to both parties and all prices remain the same. 3.0 GOODS and/or SERVICES: The CONTRACTOR shall provide those GOODS and/or perform those SERVICES and provide the project BONDS as specified, in a manner satisfactory to TAMPA BAY WATER and as are described in SPECIFICATIONS for As-Needed Contractor Services attached hereto and made a part hereof, in a manner satisfactory to TAMPA BAY WATER. Said GOODS and/or SERVICES shall commence upon written notice to proceed from TAMPA BAY WATER. 4.0 COMPENSATION: TAMPA BAY WATER shall pay the CONTRACTOR for those GOODS and/or SERVICES provided for in paragraph 3.0 above on a monthly basis as provided for in the BID SCHEDULE attached hereto and made a part hereof. The CONTRACTOR will bill TAMPA BAY WATER monthly and TAMPA BAY WATER shall make payment of approved invoices within thirty (30) days. Invoices shall meet all requirements of TAMPA BAY WATER. 1 q: \ facilities \smithw\as-needed contractor\agreementOl I I I I I I I I I I I I I I I I I I I -- Contract No. 2005-079-01 5.0 TERMINATION OF AGREEMENT: 5.1. TAMPA BAY WATER may tenninate ot cancel this Agreement at its discretion and said termination shall be effective, with or without cause, after written notice has been provided to the CONTRACTOR. 5.2. Following termination, TAMPA BAY WATER shall make a settlement with the CONTRACTOR upon a pro rata basis as detennined by TAMPA BAY WATER, which shall fix the value of the GOODS and/or SERVICES performed by the CONTRACTOR prior to the termination or cancellation of tlus Agreement. 6.0 SUBCONTRACTORS: The CONTRACTOR shall not sublet, assign, or transfer any GOODS and/or SERVICES specifically set forth under this Agreement without the prior written consent of TAMPA BAY WATER. All persons used by the CONTRACTOR for fulfilling the requirements of this contract must be employees of the CONTRACTOR. 7.0 INDEMNIFICATION: In consideration of the first $100.00 paid by AUTHORITY to CONTRACTOR, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, defend, or at the option ofTAl\1PA BAY WATER pay the cost of defense, and hold harmless TAMPA BAY WATER from any and all claims, expenses and damages, including, but not limited to, attorneys' fees, legal assistants' fees, court costs and all other sums which TAMPA BAY WATER may pay or become obligated to pay on account of a demand or claim, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of use of CONTRACTOR's products, or CONTRACTOR's performance of this contract, or the operation of CONTRACTOR's business, or any act of onlission of CONTRACTOR, ills agents, servants, or employees, whether such claim or claims, action or actions be for damages, injury to person or property, including TAMPA BAY WATER'S property, or death of any person, made by any person, group or organization, whether employed by CONTRACTOR or TAMPA BAY WATER, or otherwise or for breach of warranty by CONTRACTOR either expressed or implied, except that neither the CONTRACTOR nor any of its subcontractors will be liable under tills section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of TAMPA BAY WATER or any of its officers, agents or employees. 8.0 CONTRACTOR'S INSURANCE-GENERAL REQUIREMENT 8.1. The CONTRACTOR shall purchase and maintain the following described insurance on policies and with insurers acceptable to TAMPA BAY WATER. The insurance policy shall be written for not less than the limits of coverage specified in articles 9 through 14 and any supplementary conditions to tlUs Agreement and contract. The CONTRACTOR shall subnlit certificates itemizing the policies issued, limits of coverage, expirations dates and endorsements provided to TAMPA 2 q: \ facili ties \ smith w\ as-needed con tractor \ agreemell to 1 I. I I I I I I I I I I I I I I I I I I -- 8.4. 8.5. 9.0 Contract No. 2005-079-01 BA Y WATER, using TAMPA BA Y WATER form provided in these contract documents. 8.2. These insurance requirements shall not limit the liability of the other party. TAMPA BAY WATER does not represent these types or amounts of insurance to be sufficient or adequate to protect the other party's interests or liabilities, but are merely minimums. 8.3. CONTRACTOR shall not commence or continue to provide any GOODS and/or perform any SERVICES unless CONTRACTOR has in full force and effect all required insurance, and until all correct and complete insurance certificates have been provided to TAMPA BAY WATER evidencing the specific insurance coverage required and indicating TAMPA BAY WATER as additional insured, unless AUTHORITY approves commencement or continuation of GOODS and/or SERVICES, nor shall any payment for GOODS and/or SERVICES performed become due and payable until such certificates have been provided to TAMPA BAY WATER. If the use of subcontractors is authorized by TAMPA BAY WATER pursuant to paragraph 6.0 above, CONTRACTOR shall not permit any subcontractor, supplier or other person or organization to provide the GOODS and/or perform the SERVICES unless the insurance requirements set forth in this Agreement have been complied with by such subcontractor, supplier or other person or organization. All above-referenced policies of insurance, except worker's compensation insurance, shall be endorsed to include as additional insured: TAMPA BAY WATER, its consultants, subsidiaries or affiliates, and each of TAMP A BAY WATER's directors, officers, employees, representatives, agents or volunteers. Such insurance policies shall include or be enforced to include a cross liability clause so the additional insured will be treated as if a separate policy were in existence and issued to them. If the additional insureds have other insurance which might be applicable to any loss, the insurance required of the CONTRACTOR shall be considered primary, and all other insurance shall be considered excess. All above-referenced policies of insurance (and the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, adversely changed or renewal refused until at least thirty (30) days prior written notice has been given to AUTHORITY and CONTRACTOR by certified mail. LIABILITY INSURANCE 9.1. CONTRACTOR shall purchase and maintain such commercial (occurrence form) or comprehensive general liability, automobile policies and other appropriate insurance for the GOODS and/or SERVICES being performed and furnished which shall provide protection from claims set forth below which may arise out of, or result from CONTRACTOR'S performance and q: \ facilities \ SlrutllW \ as-needed contractor \ agreemen tOl 3 I I I I I I I I I I I I I I I I I I I - Contract No. 2005-079-01 furnishing of the GOODS and/or SERVICES and CONTRACTOR'S other obligations under the Agreement and contract documents. 9.1.1. Minimum limits of $1,000,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the Worker's Compensation coverage section) and the total amount of coverage required. limits of coverage shall not be less than the following for Bodily Injury, Property Damage and Personal Injury, Combined Single Limits: General Aggregate Each Occurrence Personal Injury/Advertising Injury Products Comp/Operations Aggregate $1,000,000 $ 500,000 $ 500,000 $ 500,000 9.1.2. The CONTRACTOR'S liability insurance shall include contractual liability coverage sufficient to cover the CONTRACTOR'S indemnification obligations under this Agreement. The CONTRACTOR agrees to pay on behalf of TAMPA BAY WATER, and to provide and pay for a defense for all claims coveted by the CONTRACTOR'S obligations under the indemnification provisions. 9.2. Excess or Umbrella Liability 9.2.1. Umbrella liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverages. 9.3. Automobile Liability 9.3.1. Coverage shall be maintained as to the business use of all its owned, non-owned, leased or hired vehicles with limits of not less than: Bodily Injury & Property Damage Liability $500,000, Combined Single Limit Each Accident. 9.3.2. If CONTRACTOR has no owned autos, a letter from the CONTRACTOR so stating must be included with the Certificate of Insurance. 10.0 WORKERS COMPENSATION COVERAGE 10.1. CONTRACTOR shall purchase and maintain workers compensation insurance for all workers compensation obligations imposed by Florida statutes. As of the date of this revision, these statutes require employers 4 q: \ facilities \smithw\as-needcd contractor \agrcementOl I. I I I I I I I I I I I I I I I I I I - Contract No. 2005-079-01 liability limits of at least $100,000 each accident and $100,000 each employee, $500,000 policy limit for disease. 10.2. TAMPA BAY WATER requires CONTRACTOR employers to purchase workers' compensation insurance for all their employees and sub-contractors regardless of the number of employees they have and regardless of any other exemptions. Florida law permits employers who may be exempt from purchase of coverage to waive their exemptions and purchase the coverage. TAMPA BAY WATER will expect CONTRACTOR to purchase said coverage. 10.3. CONTRACTOR shall also purchase any other coverages required by law for the benefit of employees. 11.0 CERTIFICATES OF INSURANCE 11.1. Required insurance shall be documented in Certificates of Insurance which provide that TAMPA BA Y WATER shall be notified by Certified Mail at least 30 days in advance of cancellation, non-renewal or adverse change. 11.2. New Certificates of Insurance are to be provided to TAMPA BAY WATER on the TAMPA BAY WATER Certificate of Insurance Form at least 15 days prior to coverage renewals. 11.3. If requested by TAMPA BAY WATER, the CONTRACTOR shall furnish complete copies of the CONTRACTOR'S insurance policies, forms and endorsements. 11.4. For Commercial General Liability coverage the CONTRACTOR shall, at the option of TAMPA BAY WATER, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. 11.5. Receipt of certificates or other documentation of insurance or policies or copies of policies by TAMPA BA Y WATER, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance requirements herein. 11.6. Before providing services, CONTRACTOR shall provide TAMPA BAY WATER with an acceptable Certificate of Insurance on the form included herein. Only certificates of insurance provided on this form - "TAMPA BAY WATER Certificate of Insurance Form" - will be accepted. 12.0 INSURANCE OF THE CONTRACTOR PRIMARY 12.1. Insurance required of the CONTRACTOR or any other insurance of the CONTRACTOR shall be considered primary, and the insurance of TAMPA BA Y WATER shall be considered excess, as may be applicable to claims 5 q: \ facilities \smithw\as-needed contractor\agreementO 1 I. I I I I I I I I I I I I I I I I I I -- Contract No. 2005-079-01 which arise out of the Hold Hannless, Payment on Behalf of AUTHORITY, Insurance, Additional Insurance and Certificates of Insurance provisions of this agreement or contract. 13.0 LOSS CONTROL/SAFETY 13.1. Precaution shall be exercised at all times by the CONTRACTOR for the protection of all persons, including employees, and property. The CONTRACTOR shall be expected to comply with all laws, regulations or ordinances related to safety and health, shall make special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected. 13.2. TAMPA BAY WATER may order GOODS and/or SERVICES to be stopped if conditions exist that present immediate danger to persons or property. The CONTRACTOR acknowledges that such stoppage will not shift responsibility for any damages from the CONTRACTOR to TAMPA BAY WATER. 14.0 MISCELLANEOUS PROVISIONS 14.1. CONTRACTOR shall provide GOODS and/or perform all SERVICES under this Agreement as an independent contractor. CONTRACTOR shall not be considered an agent of AUTHORITY nor shall CONTRACTOR'S subcontractors, suppliers, experts, or other persons, or organizations retained or utilized by the CONTRACTOR be considered agents of TAMPA BAY WATER. 14.2. This written document shall constitute the entire agreement between the parties hereto and said agreement shall not be amended or modified except in writing duly executed by the party against whom such an amendment or modification is sought to be enforced. 14.3. The Agreement shall be governed by and construed under the laws of the State of Florida. 14.4. Venue for any action arising under this Agreement shall lie in Pinellas County, Florida. 6 q: \ facilities \smithw\as-needed contractor\agreementOl I. I I I I I I I I I I I I I I I I I I - Contract No. 2005-079-01 14.5. Any notices or other wntmgs permitted or required to be delivered as described and required under the provisions of this Agreement shall be delivered by sending the notice by Certified Mail, Return Receipt Requested, and addressed as follows: If to TAMPA BAY WATER: Tampa Bay Water 2535 Landmark Drive, Suite 211 Clearwater, Florida 33761 Attention: Ed Davis If to the CONTRACTOR: Rowland Inc. 6855 l02nd Avenue North Pinellas Park, Florida 33782 Attention: John L. Hannn Jr. 7 q: \ facilities \smithw\as-needed contractor\agreementO 1 I. I I I I I I I I I I I I I I I I I I - Contract No. 2005-079-01 IN WITNESS WHEREOF, the parties hereto, have caused these presents to be executed by their duly qualified representatives on the day and year first written above. WI1NESS: Rowland Inc. (Firm Name) ~~ Kenneth D. Rowland, Secretary (}W-. i;7 -V+~___ Date: May 23. 2005 John L. Hamm Jr., Vice President Name (SEAL) ArrEST: TAMPA BAY WATER, A Regional Water Supply Authority ~ B~~fl2g Its: CJ~'\fLl ( lY\un Date: to\'2.C loS APPROVED AS TO FORM: (SEAL) Office of General Counsel 8 q: \ facilities \smithw\as-needed contractor\agreementO 1 I. I I I I I I I I I I I I I I I I I I - CONDITIONS OF THE CONTRACT q: \ facilities \ smithw\as-needed contractor\agreementOl 11 Contract No. 2005-079-01 .. II II II II II . - III III - , , I I I I I I - Contract No. 2005-079-01 1. TIlls contract is for "As-Needed" Contractor Services and consequently will not be used unless time constraints prohibit the work from being awarded based on a competitive bid. Work assignments will be detennined solely by Tampa Bay Water, in the best interest of Tampa Bay Water. It is therefore imperative that when a contractor is called upon for assistance, contractor shall be on site within twenty four hours from the time of the call. 2. The Contractors principal place of business shall be in, or within fifty (50) miles of Pinellas, Pasco, or Hillsborough counties. 3. TIlls contract will be for a "Not to Exceed" amount of $200,000.00 per year per contractor. 12 q: \ facilities \smithw\as-needed contractor\agreementOl I. I I I I I I I I I I I I I I I I I I - Contract No. 2005-079-01 SPECIFICATIONS 13 q: \ facilities \ smithw\ as-needed contractor \agreement01 I I I I I I I I I I I I I I I I I I I - Contract No. 2005-079-01 1. "LABOR" Items - The hourly rate shall include wages, taxes, insurance, fringe benefits, overhead, and profit. 2. "Equipment" Items - The hourly rate shall include fuel, supplies, maintenance, renewals and depreciation. 3. "Material" Items - All items shall include applicable delivery costs and taxes. Payment shall be based on in-place measurements and delivery tickets. 4. "Sub-Contractor" Items - The hourly rate shall include a certified welder and a truck fully equipped with an engine driven welder, oxygen and acetylene cylinders and other accessories as would be necessary to weld or cut carbon steel on site. This hourly rate shall include the contractor's overhead and profit. Any item used on the work which is not covered on the bid schedule and for which the contractor seeks payment will be considered "cost reimbursement work". The term "cost reimbursement work" shall be for work performed and compensated on a time and expense basis, that is, on an accounting of the contractor's forces, materials, equipment, and other items of cost as required and used to do the work. The contractor shall furnish labor, and furnish and install equipment and materials necessary to complete the work in a satisfactory manner and within a reasonable period of time. For the work performed, payment shall be made for the documented actual cost of the following: 1. Labor, for those hours they are assigned and participating in the cost reimbursement work (actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements, labor insurance and labor taxes as established by law). No other fIXed labor burdens will be considered, unless approved in writing by Tampa Bay Water. 2. Material delivered and used on the designated work, including sales tax, if paid for by the contractor or its sub-contractor. 3. Rental, or equivalent rental cost of equipment, including necessary transportation for items having a rental value in excess of $100.00. Rental or equivalent rental cost shall be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowance shall not exceed the current rental rates prevailing in the locality. The rentals allowed for equipment shall, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances shall be made for those items, unless specific agreement to that effect is made. To the cost reimbursement work, there shall be added the following fIXed fees for the contractor or sub-contractor actually performing the work: 1. A fIXed fee of fifteen (15) percent of the cost of item 1 above. For costs incurred for work performed by sub-contractors, the contractor's fee shall not exceed five (5) percent and the sub-contractors fee shall not exceed ten (10) percent. 2. A fixed fee of ten (10) percent will be added to the cost of items 2 and 3. 14 q: \ facilities \smithw\as-needed contractor\agreement01 I, I I I I I I I I I I I I I I I I I I - 29. 30. 31. Contract No. 2005-079 27. QUALIFICATION OF BIDDERS 27.5 BIDS will only be considered from bidders who provide As-Needed Contractor Services. Bidder shall document their qualifications and experience in providing As- Needed Contractor Services on the Experience List provided. 28. QUANTITIES 28.5 The quantity specified on the BID SCHEDULE is to be used for establishing the basis of award purposes only and TAMPA BAY WATER reserves the right to increase or decrease quantities shown or used without penalty. PRlCING 29.5 The BIDDER acknowledges and agrees that the separate p.rices on the Bid Schedule, where they are applicable and deemed acceptable by TAMPA BAY WATER, will be used by TAMPA BAY WATER and the BIDDER, if awarded the Contract, whenever similar service is added to or deducted from the Contract. ADDENDA 30.S The BIDDER acknowledges that he has received Addenda Number(s): .1. A~ 15, ~oo5 Ad endum Tide ~ ~ l~er Initials Number l A pri' 16( .;LOOS Addendum Tide ..$Y!J-' add~ ~nitials Number Number Addendum Tide Bidder Initials BIDDER shall insert number and name of each addendum received and agrees that all addenda issued are hereby made a part of the proposed contract documents, and the BIDDER further agrees that his BID is submitted after consideration of said addenda. AWARD 31.5 TAMPA BAY WATER will award this contract to the lowest responsive, responsible bidder or bidders, at the Agency's discretion, deemed qualified to provide the specified GOODS AND/OR SERVICE. 9A I. ContIact 2005-079 I 32. BID SCHEDULE I Item Brief Description Unit Unit Price Labor I 1 Foreman Hour $ Lfc1.9; 2 Over Time Hour $ I..Y.6c:r I 3 Operator Hour $ .:2.'1.11 4 Over Time Hour $ Y 3. 1,'1 I 5 Truck Driver Hour $ :l.~. :l~ 6 Over Time Hour $ .1~.~H I 7 Pipe Layer Hour $ .:l.l.gl 8 Over Time Hour $ .3:l.13 I 9 Laborer Hour $ Ii. ~O 10 Over Time Hour $ ~7.~Cf I Equipment 11 Foreman P IV with hand tools Hour S 11.15 . I 12 Job truck with tools Hour $ H.50 I 13 Tractor & Trailer (Transport) Hour $ li.25 39.50 14 Track Hoe (to 100 HP) Hour $ I 15 Track Hoe (101 HP to 170 HP) Hour $~ I 16 Track Hoe (171 HP and up) Hour $ I c15. '12 17 Rubber Tired Backhoe Hour S 3g.~5 I 18 Wheel Loader (to 150 HP) Hour $ L{1.~5 19 Wheel Loader (151 HP and up) Hour $ '15.15 I 20 Track Type Tractors (to 100 HP) Hour $ :;.q.OO I 21 Track Type Tractors (101 HP up) Hour $ Y?OO 22 Dump Truck (Tandem Axle) Hour $ 50.~5 I 23 Plate Tamp Hour $ 7.50 I lOA ADDENDUM No.: Two (2) DATED: April 15, 2005 I I, I I I I I I I I I I I I I I I I I I 24 3" Trash Pump 2S 4" Double Diaphragm Pump 26 Air Compressor (125 CFM Min.) 27 Well Point Pump 28 Well Point 29 4" Jet Pump Material 30 Asphalt-1" Overlay 31 2500psi Concrete (Un-fanned) 32 Off Site Select Fill 33 Limerock Base Material 34 #57 Washed Stone 35 Bahia Sod Sub-Contractor 36 Welder with Truck Contract 2005-079 Hour $ '7,00 Hour $ ~.OO Hour $ I~.OO Day $ 300.00 Linear Ft $ 3.35 Day $~ Sq. Yard $ j.OO Cu. Yard $ (/5.00 Cu. Yard $ ".55 Ton $ /1.00 Ton $ 15.45 Sq. Foot $ .~S- Hour $ $ $ ~{oo ::15. CO Ilpo4-.Ip~ J 37 Tractor with 7' Bush Hog Hour Total Contract Price (Sum Lines 1 - 37) Onf.J1'lOU5l:tnd Sx. 8WY:ired rDur dollaJ~ and 5ix~ eiah+ Cen~ (proposed Total Contract Price Written in or~ Current License HeldlilldergrolAnd UJi Ii ~ License Number c.U-COSdlon Authorized Signature /~r~? Printed Name J-<ellneth D. Row land Company Name 1<owland Inc. Address IogS5 IO~nd Avenue /-J.. Pmella~ It1rK .FL 331cg.2 . ~-- Telephone Number (1~'1) 545' ~~ /5 Date Apri I ~<& I ~ooS ltA ADDENDUM No.: Two (2) DATED: April 15, 2005 I. I I I I I I I I I I I I I I I I I I -- Contract No 2005-079 33.8 If BIDDER is a Corporation: By; Row I a..na Ine. (Legal Corporation Name) Name and Title: John l. Hamm Jr., Vice President ence of Authority to Sign) , Name and title and Signature of Official Attesting: Name: Kenneth 0 RO\~Jland, Secreta!)' Title: Kp.nnp.th n Rowland. Secretary By: /~~ ~~ Business Address: lo&SS IOd nd. Ave. rJ . 'Plnellas 'Po.rt< J FL 331'i?,2 City, State, Zip Phone #: ('12'7) 5~S- 3<616 Fax #: (t'f~'1) 5t.Jlo'84~Y. State of Incorporation: Flori d 0.... 33.9 If BIDDER is aJoint Venture: Each joint venturer shall sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture shall be in the manner indicated above. 13 Ljfacilioes \ smi thw \ as -needed \ 2005-079 I I Contract No. 2005-079 I 34. NON-COLLUSION AFFIDAVIT STATE OF F'loy',dtt COUNTY OF Prnella5 30hn L. Ho.vnm 1 JR.. and says that: 1. Affiant is V,'CC President "Bidder") and has submitted the attached Bid; ("Affiant"), being first duly sworn, deposes I I of Rowland :Lnc. , (the I 2. Affiant has personal knowledge of the matters set forth herein and is competent to testify. I 3. Affiant is fully informed respecting the preparation and contents of the attached Bid and all pertinent circumstances respecting the Bid; I 4. The Bid is genuine and is not a collusive or sham Bid; I 5. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to flX the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Tampa Bay Water or any person interested in the proposed Contract. I I By cJc~- ,,7-t+;~ John l. Hamm Jr., Vice President (Corporate Seal) I Title: I Subscribed and sworn ~hn L. Ho.rnm ,:Yr--. before me this J~-th day of Apr', I , who is r.ersonallv known to me or as identification. , 2005, by has produced I Notary Public ~ j Jd~ Print Name: Amy L. 6CV1nOrL My commission expires: Tune. 15,;).()Og AMY L. GANNON Notary Public, State of Florida My comm. expo June 15, 2008 CO""". No. 00 329086 I I I I 14 qfacilities \ sm..ithw \ as-needed \ 2005-079 I I I I I I I Mllillnvolce8 to: TAMPA BAVe WATER Il\lll'lllvlng WIlte, TbYIUI Region 2675 Enterprise Raid Clearwater, ~L 33763.1 102 Clearwater (727) 798.2356 Tampa 18131 996.7009 ROWLAND INC 6855102ND AVENUE NORTH PINELLAS PARK, FL 33782 Purchase Order Flsul Yellr 2006 P.a. 1 Tax Number 85-8012529488C_e Tampa Bay Water - CCPS 8865 Pump StatIon Road Land 0 Lakes, ~L 34639-2718 I I - Requested by: w. Smith for Ed. Davi. Board Approved: Jun. 20, 2005 Item: D-6 As-Needed Contract: 2005-079-01 001 AS-Needed Contractor Services. Effective: Oct. 1, 2005 through Sept. 30,2006. 002 As needed contractor services-Board. Approved 02/20/06 Agenda Item 09 ***** General Ledger Summary Section ..... Account 4100215-63400 4100715-63400 4100B15-63400 4100915-63400 4101315-55200 4101315-153400 -~-, ._.~--~.'_.... I~[ ~- ~ : 2~~6 i:, L___.. -___. _.. C!T~' or Cl C . r, PURtle \\'CJ~.~S...J'.',. ~ Tli'll 'd 8~lE 'ON VENDOR COpy 1.0 200000.00000 200,000.00 Bach 1.0 200000.00000 200,000.00 Ea. PO Total 400,000.00 Amount 367,500.00 20,000.00 500.00 4,000.00 .00 8,000.00 f' W\f l n : P Q () n 7