TOWN POND FLOC REMOVAL PROJECT - 11-0008-ENCONTRACT BOND
STATE OF TEXAS
COUNTY OF DALLAS
BOND NUMBER: SUR0014439
KNOW ALL MEN BY THESE PRESENTS: That we Terra Renewal LLC as Contractor and
Ar�onaut Insurance Compan� (Surety) whose home address is 225 W. Washington, 6�' Floor,
Chicago, Illinois 60606
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: Four Hundred Seventeen Thousand
Two Hundred Twenty-Four pollars and Eightv-One Cents / Dollars ($417,224.81) for the payment
of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the
faithful performance of a certain written contract, dated the 5'''` day of �o n e ,
20�, entered into between the Contractor and the City of Clearwater for:
TOWN POND FLOC REMOVAL RFP 17-12
Project # 11-0008-EN
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 Requests for Proposals, 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 co�npletion of said work by contract or otherwise, & any damages, direct ar
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.
Council Bond.docx Page 1 of 6 4/18/2012
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 speciiications 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.
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IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this ls` da�� �� �°
Mav, 2� 12. � .! �
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Terra Renewal LLC a o �� ��~�
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CONTRACT R `° , � ..� o��� .
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By: _`r' `.
A TEST: �s�r�����E;,�.
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�onaut Insurance Company
SURETY '
W NE S:
ie Sellers
OUNTERSIGNED:
Not Re u' ed Si ned b Non-Resident A ent
Contract for Sign
Page 2 of 6
By: � �
Harold Miller Jr., ATTORNEY-IN=�'
. Y'.
4/ 18/2012
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State of
County of
Illinois
DuPage
I, Joan B Ward, Notary Public of DuPage, County, in the State of Illinois, do hereby
certify that Harold Miller, Jr. Attorney-in-Fact, of the Argonaut Insurance Company who is
personally known to me to be the same person whose name is subscribed to the foregoing
instrument, appeared before me this day in person, and acknowledged that he signed, sealed
and delivered said instrument, for and on behalf of the Argonaut Insurance Company for the
uses and purposes therein set forth.
Given under my hand and notarial seal at my office in the City of Itasca in said County,
this 1 st day of May , 2012.
My
Cc.�t
ic
mission expires
Joan B Ward
10/29/2013
�,�,�
OFFICIAL SEAL
JOAN B WARD
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/29113
Argonaut Insurance Company
225 W. Washington, 6th Floor
Chicago, IL 60606
POWER OF ATTORNEY
A S-0035401
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State
of Illinois and having its principal office in the County of Cook, lllinois does hereby nominate, constitute and appoint:
William T. Krumm. Sharon A Foulk. Patricia A. Josenh Harold Miller Jr M Moodv Bettv L Tolentino Michael R Pesch Jodie Sellers Matthew V
Buol
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capaciry if more than one is named above, to make, execute, seal and deliver for
and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided,
however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$15.000.000.00
This Power of Attomey is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is
authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any
officer or attorney, of the Company, qualifying the attomey or attorneys named in the given power of attomey, to execute in behalf of, and acknowledge as
the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto afiixed and these presents to be signed by its duly
authorized officer on the 15th day of September, 2011. Argonaut Insurance Company
'� /yL�
by:
Michael E. Arledge President
STATE OF TEXAS
COUNTY OF HARRIS SS:
On this 15th day of September, 2011 A.D., before me, a Notary Public of the State of Texas, in and for the County of Hattis, duly commissioned and
qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the
preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as
officer were duly affixed and subscribed to the said instrument by the authoriry and direction of the said corporation, and that Resolution adopted by the
Boazd of Directors of said Company, refetred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harcis, the day and yeaz first above written.
KAhIIEEM N4 MEEI6
NOURY PUlLiC
suu� o� �ous
a�rc�. �xr. o�-�s�ois
���, `�iYl.`"rYt.lu.r/�
(Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 1� ��day of ,�[�
,� C f�%��
,�-` - _
Joshua C. Beti Assistant Vice President
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH BLUE SERIAL NUMBER IN THE UPPER RIGHT
HAND CORNER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400.
CONTRACT
This CONTRACT made and entered into this 5'`�` day of Svn � , 20 12 by and between
the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
Terra Renewal LLC , of the City of Richardson County of
Dallas and State of Texas, 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:
TOWN POND FLOC REMOVAL RFP 17-12 (PROJECT #11-0008-EN)
in the amount of $ 417,224.81
In accordance with such proposal RFP 17-12 and technical supplemental specifications and such
other special provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions 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
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.
Contract for Sign Page 3 of 6 4/18/2012
CONTRACT
�2)
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 of race, 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 recruitment advertising; lay-off or
termination; rates of pay or 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 of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions andlor 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 uer dav 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
d� 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 performance 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, fiarnish an additional
bond or bonds in such term and amounts and with such surety ar 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 tertns hereof shall be completed and furnished to the City in a form
satisfactory to it.
Contract for Sign Page 4 of 6 4/18/2012
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
By: ��ll�'��-a��f��l�:� `�
William B. Horne, II
City Manager
Countersigned:
_ c��pr�c � cr t i� lws
By:
George N. Cretekos
Mayor-Councilmember
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(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).
Contract for Sign
Page 5 of 6
Attest:
i_ �, �
Camilo Soto
Assistant City Attorney
�e,✓��'�. I�e.nP.w�i 1, GL C�
T�l�( n��-r� �s
(Contractor)
By: SEAL
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4/18/2012
BID SCHEDULE
RFP 17-12: TOWN POND FLOCK REMOVAL
Unit
Bid Item Unit p�ce
Mobilization/Demobilization
Geotube Dewatering Processing
Loading and Transportation to farm site for beneficial reuse
Total
� I $25,000.00 I $25,OOO.QO
1,703 Dry Tons 5111.97 per Dry Ton
4,389 Wet Tons $33.52 per Wet Ton
Bidder's Total
15% Contingency
Project Value
$190,684.91
$147,119.28
$362,804.19
$54,420.62
$417,224.81
COMPANY NAME Terra Renewal LLC
BIDDER'S GRAND TOTAL � ��� 22a.8� (Numbers)
Four Huntlred Seventeen Thouaand, Two MunAreO 7wenty Four Thousand Dollars
BIDDER' S GRAND TOTAL S anA Eighly-One Cents (Words)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND THE
LUMP SUM PRICES AND THE ESTIMATED QUANTTTES REQUIRED. THIS FIQURE IS FOR
INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE
TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR
IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND
LUMP SUM PRICE SHALL GOVERN.
�� �
� ° CERTIFICATE OF LIABILITY INSURANCE °�;;;no"�°"""''
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate dces not confer rights to the
certificate holder in lieu of such endorsement(sL
PRODUCER
MARSH USA INC.
600 RENAISSANCE CENTER, SUITE 2100
DETROIT, MI 48243
00346 -00346RAFF-12-13
INSURED
Terra Renewal LLC
1100 E. Campbell Road, Ste. 220
Richardson,TX 75081
A: Zurich American Insurance Co
s : wA
16535
N/A
cvvewo►�ES CERTIFICATE NUMBER: cHl-oona�5755-0� REVISION NUMBER: �
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMFD ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR � ADDL BR POLICY EFF POLICY D�
LTR � TYPE OF INSURANCE � POLICY NUMBER MNVD MMID LiMiT3
GENERAL LIABILITY EACH OCCURRENCE 3
D E T RE
CAMMERCIAL GENERAL LIABILITV PREMISES Ea ocxurrence 5
CLAIMS-MADE � OCCUR MED EXP (My one person) S
PERSONAL & ADV INJURY S
GENERALAGGREGATE E
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG y
POLICY PRa LOC S
A AUTOMOBILE LIABILRY BAP3487189 04/01/2012 04/0112013 COMBINED SINGLE LIMIT ���
Ea acddent
X ANY AUTO . BODILY INJURY (Per person) $
AA�OOS NED A T�ULED BODILY INJURY (Per acddent) S
. X j� NON-0WNED PROPERTY DAMAGE
HIRED AUTOS p�pg Per acddent s
a
UMBRELLA W1B pCCUR EACH OCCURRENCE S
EXCESS UAB CWMS-MADE AGGREGATE S
DED RETENTiON a s
q woRKeRS caareNSnTwri WC3487188 OM01/2012 04/0112013 wc sTnTU- oni-
AND EMPLOYERS' WIBILRY
ANY PROPRIETORlPARTNER/EXECUTIVE Y� N E.L. EACH ACCIDENT j �'�'�
OFFICERMIEMBER IXCLUDED7 � ►'� � A
(Mandatory M NH) E.L. DISEASE - EA EMPLOYE S ������
Ifyes describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS / LOCATION3 / VEHICLES (Attaeh ACORD 101, Additlonal Ramarks Sehadule, H mon speae ia required)
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED FOR AUTO LIABIUTY ONLY, BUT ONLY AS RESPECTS LWBILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE
REQUIRED BY WRITTEN CONTRACT. WORKERS' COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (ND, OH, WA AND VVY), PUERTO RICO OR THE VIRGIN ISLANDS.
CERTIFICATE HO�DER CANCELLATION
City of Clearwater, FL
Muniapal Services Building
100 S. Myrtle, 3rd FL
Clearwater, FL 33756
ACORD 25 (2010/05)
SHOULD ANY OF THE ABOVE DESCWBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITM THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATNE
of Manh USA Inc.
John C Hurley p�—��-� G�--e
�O 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD