REPAIR & REHABILITATION OF SANITARY SEWER MANHOLES & LARGE DIAMETER SEWER PIPES AT VARIOUS LOCATIONS THROUGHOUT CLEARWATER PIGGY-BACK TAMPA BAY WATER CONTRACT - 05-0072-UT
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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
.
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--~~
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
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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
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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
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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
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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
$500,000.00
05-0072-UT
05/06 Sanitary Manhole & Liner Repair
Clearwater, FL
NA
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BOND NUMBER: 104688604
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF Pinellas
KNOW ALL MEN BY THESE PRESENTS: That we Rowland, Inc.
Contractor and Travelers Casualty and Surety Company of America
(Surety)
whose home address is 7870 Woodland Center Blvd., Tampa, FL 33614
as
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of:
Five Hundred Thousand & NO/100 Dollars ($ 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
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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
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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.
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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
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-
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.
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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
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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
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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
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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
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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.
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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.
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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
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CONDITIONS OF THE CONTRACT
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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.
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Contract No. 2005-079-01
SPECIFICATIONS
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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 $100.00.
Rental or equivalent rental cost shall be allowed for only those days or hours during which
the equipment is in actual use. Rental and transportation allowance shall not exceed the
current rental rates prevailing in the locality. The rentals allowed for equipment shall, in all
cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further
allowances shall be made for those items, unless specific agreement to that effect is made.
To the cost reimbursement work, there shall be added the following fIXed fees for the contractor
or sub-contractor actually performing the work:
1. A fIXed fee of fifteen (15) percent of the cost of item 1 above. For costs incurred for work
performed by sub-contractors, the contractor's fee shall not exceed five (5) percent and the
sub-contractors fee shall not exceed ten (10) percent.
2. A fixed fee of ten (10) percent will be added to the cost of items 2 and 3.
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30.
31.
Contract No. 2005-079
27.
QUALIFICATION OF BIDDERS
27.5 BIDS will only be considered from bidders who provide As-Needed Contractor
Services. Bidder shall document their qualifications and experience in providing As-
Needed Contractor Services on the Experience List provided.
28.
QUANTITIES
28.5 The quantity specified on the BID SCHEDULE is to be used for establishing the basis
of award purposes only and TAMPA BAY WATER reserves the right to increase or
decrease quantities shown or used without penalty.
PRlCING
29.5 The BIDDER acknowledges and agrees that the separate p.rices on the Bid Schedule,
where they are applicable and deemed acceptable by TAMPA BAY WATER, will be
used by TAMPA BAY WATER and the BIDDER, if awarded the Contract, whenever
similar service is added to or deducted from the Contract.
ADDENDA
30.S The BIDDER acknowledges that he has received Addenda Number(s):
.1.
A~ 15, ~oo5
Ad endum Tide
~
~ l~er Initials
Number
l
A pri' 16( .;LOOS
Addendum Tide
..$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.
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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
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ADDENDUM No.: Two (2)
DATED: April 15, 2005
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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~
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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
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Telephone Number (1~'1) 545' ~~ /5
Date Apri I ~<& I ~ooS
ltA
ADDENDUM No.: Two (2)
DATED: April 15, 2005
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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.
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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
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Rowland :Lnc.
, (the
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Affiant has personal knowledge of the matters set forth herein and is competent to
testify.
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3. Affiant is fully informed respecting the preparation and contents of the attached
Bid and all pertinent circumstances respecting the Bid;
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4. The Bid is genuine and is not a collusive or sham Bid;
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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.
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By cJc~- ,,7-t+;~
John l. Hamm Jr., Vice President
(Corporate Seal)
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Title:
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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
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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
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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
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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'
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