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RESIDUALS PROCESSING BUILDING STORAGE CONVERSION - 13-0053-UT - PERFORMANCE BONDFINAL CONTRACT AMOUNTS THAT EXCEED THE ORIGINAL CONTRACT AMOUNT WILL BE CHARGED AN ADDITIONAL PREMIUM. INCLUDE THESE PREMIUM CHARGES IN YOUR CHANGE ORDERS. Performance Bond Document A312TM - 2010 CONTRACTOR: (Name, legal status and address) Certus Builders, Inc. 304 S. Westland Avenue Tampa, FL 33606 OWNER: (Name, legal status and address) City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33755 CONSTRIICTION CONTRACT Date:6/17/2013 Amount: $208,923.40 Description: (Name and location) Residuals Processing Building (RDP) Storage Converstion - City Project #: 13- 0053 -UT, Clearwater, FL SURETY: (Name, legal status and principal place of Bankers Insurance Company 11101 Roosevelt Blvd N St Petersburg, FL 33716 Bond No.: 3226005 This document has important legal consequences. Consultation with an allurney is etu uurayeiJ with respect to its completion or modification. Any singular rpferenr:r. to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-201 0 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. BOND Date: 6/4/2014 (Not earlier than Construction Contract Date) Amount: $208,923.40 Modifications to this Bond: ❑ None ( • CONTRACTOR AS PRINCIPAL ompany: (Corporate Seal) tt3 . ' CertusuuIders, Inc. f t�'�, ry° baron' A.•Sumner, d `fitWC b: ' and Title: (• Arry gdditidnal signatures appear on the last page of this Performance Bo El See Section 16 SURETY Company: (Corporate Seal) Bankers Insurance Company Signature: Name (P'ORINPORMATION ONLY AGENT or BROKER: CCI Surety, Inc. 1710 N. Douglas Dr, Suite 110 Golden Valley MN 55422 763.543.6993 uiri , Attorne d) — Name, address and telephone) OWNER'S REPRESENTATIVE: (Architect. Engineer or other party) -In -Fact AIA Document A312' — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of Init. AIA Documents- on- DemandTM order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for vile-lime use truly, and nray nuL Lie reprudueed prim . lu ils cumpleUun. U61U1U 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default 2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent vuntikictois, § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312"• — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of Init. AIA Documentson_DemandTM order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for une-time use unly, dnU mdy nut lie mix Wooed phut to its completion. Init. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. §8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of thc suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted helefr um and provisions conforming to such statutory or other legal requitement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to pertorm or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shallbc deemed to be Subcontractor and thc term Owner shall be doomed to be Contractor. AIA Document A312TM — 2010. The American Institute of Architects. This document was created on 02282012 11:24:44 under the terms of AIA Documents- on- DemandT" order no. 2008406823 , and is not for resale. This document is licensed by The American Institute of Architects for une -Bore use only, duct rndy nut Le reprudueed prior lu its vumpletiun. § 16 Modifications to this bond are as follows: * *Notwithstanding the terms of the contract, the sum or the bond stated herein shall not increase without prior written consent of Surety. Init. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312TM — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of AIA Documents- on- DemandT" order no. 2008406823 , and is not for resale. This document is licensed by The American Institute of Architects for une -lime use unly, miU mdy nul be lepuUuueU piiur lu ils uumpleliun. FINAL CONTRACT AMOUNTS THAT EXCEED THE ORIGINAL CONTRACT AMOUNT WILL BE CHARGED AN ADDITIONAL PREMIUM. INCLUDE THESE PREMIUM CHARGES IN YOUR CHANGE ORDERS. Payment Bond Bond No.: 3226005 Document A312TM - 2010 CONTRACTOR: (Name, legal status and address) Certus Builders, Inc. 304 S. Westland Avenue Tampa, FL 33606 OWNER: (Name, legal status and address) City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33755 G.ONSTRIICTION CONTRACT Date: 6 /17/2013 Amount: $208,923.40 Description: (Name and location) Residuals Processing Building (RDP) SURETY: (Name, legal status and principal place of business) Bankers Insurance Company 11101 Roosevelt Blvd N St Petersburg, FL 33716 This document has important legal consequences. Consultation with an nllurney is encuulayetl with respect to its completion or modification. Any singular refprenr.e to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Storage Converstion - City Project #: 13- 0053 -UT, Clearwater, FL BOND Date: 6/4/2014 (Not earlier than Construction Contract Date) Amount: $208,923.40 Modifications to this Bond: 0 None ® See Section 18 a- CONTRACTOR AS PRINCIPAL SURETY Co irpailP•.,, (Corporate Seal) Company ,Genus BilkIkrs, Inc. Bankers Insurance C r; S5 erg 44 ,(4...14.,A. Signature: ,m-C'° Sharon A. Sumner, Name , #id rittc,CFo and Title: `(Any adei Tonal signatures appear on the last page of this Payment Bond .FC1t'IN 'OPMATIONONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect Engineer or other party.) Init. (Corporate Seal) mpany CCI Surety, Inc. 1710 N. Douglas Dr, Suite 110 Golden Valley MN 55422 763.543.6993 AIA Document A312TM 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of AIA Documents- on- Demandm order no. 2008406923 , and is not for resale. This document is licensed by The American Institute of Architects for une -lime use wily, lid may IRA L e reproduced priur to its aunipleUUrr. uemm § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnity and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non - payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1. § 7 Whorl d Claimant hub satisfied the conditions of Sections 5.1 of 5.2, wliichevei is applicable, the Suieay shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant. with a copy to the Owner. within sixty (60) days after receipt of the Claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds eamed by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. AIA Document A312TM - 2010. The American Institute of Architects. This document was created on 02!28/2012 11 :24:44 under the terms of Init. AIA Documents- on- DemandT" order no. 2008406923 , and is not for resale. This document is licensed by The American Institute of Architects for une -lime use unly, Mud may nut ue low uduued Our to its cumpleUun. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to makc payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or atter the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. Tf the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity. appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement V1 putthase oidcl pwsuallt to which labui, lll atGllals U1 equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; 1 the total amount of previous payments received by the Claimant, and the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312• — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of Init. AIA Documents-on-DemandTM order no. 2008406923 , and is not for resale. This document is licensed by The American Institute of Architects for une -lime uee urdy, an! rnay.nut Ue repwUuced peer Le ins cumpleliun. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: * *Notwithstanding the terms of the contract, the sum or the bond stated herein shall not increase without prior written consent of Surety. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title` Name and Title: Address: Address: AIA Document A312TM — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terns of Init. AIA Documents-on-DemandTM order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for une -lime use wily, arni may nut be relnuduced priur to its cunrpletiun. Power of Attorney Bankers insurance Company KNOW ALL MEN BY THESE PRESENTS, that BANKERS INSURANCE COMPANY, a corporation duly organized under the laws of the State .of Florida, and having its principal office in the City of St, Petersburg, Pinellas` County, Florida, does hereby nominate, constitute and appoint: * Andrea J. Michael Haight and/or Brad Quiri * of the City of Tampa Hillsborough ` County, State `of, : Florida ,; its true and lawful Attorney -in -fact, with full power and authority hereby conferred upon him/her to make, execute, seal and deliver for and on its behalf, as Surety, as its act and deed, any and all bonds, undertakings =sent or Agreement not exceeding the sum of Three Million and xx/100 Dollars - $3,000,000.00 which this Company may be authorized to write. This Power of 'Attorney is granted and is signed and sealed under and by the authority of the following: resolutions adopted by the Board of Directors of Bankers insurance Company, and now in force to-wit BE IT RESOLVED, that the Chairman of the Board, President and any Vice President of the Corporation are hereby authorized to execute Powers of Attorney, qualifying the Attomey(s) -in -Fact named in the Powers of Attorney to execute, on behalf "Sl the Corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the Corporation are hereby authorized to attest the execution of any such Power of Attorney. BE IT FURTHER RESOLVED, that the signatures of such officers may be affixed to any such Power of Attorney or to- any certificate relating thereto by facsimile, any and such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon ; the corporation when so affixed in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, Bankers Insurance Company has caused these presents to be executed by their duly authorized officers as of this 4th day of April, ?O13. tan Barber, Assistant Secretary STATE OF FLORIDA ) COUNTY OF PINELL AS ), The foregoing instrument was acknowledged before me 4th - + day of , 2013 by Wilbur L. Martin IV And tan Barber, as `. President and Assistant Secretary, respectively, of Bankers Insurance Company, a Florida corporation, on behalf of the -corporator'. Personally .,,,, X OR Produced Identification - Type of Identification Provided BANKERS By: Wilbur L. Martin IV, President (SEAL) (NOTIFY PUBEJ I, the _undersigned. `Asaistant Secretary of Bankers Insurance Company do hereby certify that, the orig�:Power;of Attorney, of which the foregoing is& a full, true 'mid correct copy, is in full force and effect IN ITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affix the corporate seal of the CoFpbr'ation this day of aNL , 20 IY (SEAL) Acknowledgment of Surety State of Florida County of Hillsborough On this 4th day of June, 2014 before me personally appeared Brad Quiri who acknowledged that he is the attorney in fact who is authorized to sign on behalf of Bankers Insurance Company (surety company), the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. D JESSICA EVANS ? MY COMMISSION #FF029782 •,.. EXPIRES June 20. 2017 1407) 398 -0153 FloridallotaryService , com Notary Public '`�R D® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 5/21/2014 DATE(M THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wallace Welch & Willingham, Inc. 300 1st Ave. So., 5th Floor Saint Petersburg FL 33701 CONTACT NAME: Ed Buggy FAX (A/c, Nn, Frf)• 727'522 -7777 (� No). 727- 521 -2902 ADDRESS certificates@w3ins.com EDDRE certificates@w3ins.com AFFORDING COVERAGE NAIC # INSURERA:VININGS INS CO 16632 INSURED CERTBUI -01 Certus Builders, Inc 304 S.Westland Avenue Tampa FL 33606 INSURER B :Travelers Indemnity Co. of CT 25682 INSURER C:Commerce & Industry Ins. Co. 19410 INSURER D :Amerisure Mutual Ins. Co. 23396 INSURER E : $100,000 INSURER F : 1513439487 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 LTR TYPE OF INSURANCE ' .. INSD SUBR WVD POUCY NUMBER POLICY EFF (MM/DDM/YY) POUCY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL UABIUTY GLP007515405 5/28/2014 5/28/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO PREMISES (Ea RENTED $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES 'E T PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X UABIUTY ANY AUTO AUTOS NED HIRED AUTOS SSCHHEEDULED NON -OWNED AUTOS BA2384R79614SEL 5/28/2014 5/28/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident1 $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE BE014080257 5/28/2014 5/28/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y N N /A N WC2087508 5/15/2014 5/15/2015 X STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Pollution Liability 793 -00 -19-48 -0000 3/12/2014 3/12/2015 Policy Aggregate 1,000,000 Limit of Liability 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Residuals Processing Building (RDP) Storage Conversion, City Project #13- 0053 -UT The City of Clearwater is Additional Insured with respects to General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION I City of Clearwater Municipal Services Building 100 S. Myrtle Ave., #220 Clearwater FL 33756 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUILDERS Date: 04/07/14 TO: Khang Nguyen City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756 Design /Build - Construction Management Proposal RE: Residuals Processing Building (RDP) Storage Conversion City Project #: 13-0053 -UT Certus File #: 14072 A. Objective This is a proposal from Certus Builders, Inc., of Tampa, Florida, for the guaranteed'' maximum price of $208,923.40 for the exterior & interior demolition of the Residual Processing Building (RDP) & Generator Building at the Clearwater Northeast Water Reclamation Facility (WRF). B. Scope of Work: 1. Engineering and permitting services: Engineer for interior pit fill and drive thru concrete work, and prepare permit application package. 2. Coordination: Coordinate the activities of Certus's staff and sub-consultants with those of the City and administer communications among the project team members and with the City's staff. 3. Exterior work: Demo and remove exterior silos, tanks, stairs, electrical and field office. 4. Interior work: Remove interior machinery, bins, stairs, catwalks, electrical and duct work. Demolish interior office contents, remove owner identified items from MCC, demo west walls, fill interior pit, remove tipping bin doors and cover, and replace trench drain grates. 5. Generator building: Remove concrete pads and muffler and demo exterior patio walls. 6. The demolition work will have no impact on plant function. The Northeast WRF must remain operational and in compliance with other agencies' standards and requirements. C. Cost Detail Summary: Description Amount Cost ofl,Vork* $ 150,73838 Contractor's Overhead @ 10% $ 15,073.84 Contractor Fee @ 5% $ 8,290.61 Subtotal $ 174,102.83 Contingency (20%) $ 34,820.57 Guaranteed Maximum Price $ 208,923.40 *See attached cost detail breakdown and clarification for additional info. This cost detail breakdown shall be incorporated by reference herein. D. Project Duration: Project duration shall be 75 calendar days from the date of Notice to Proceed. E. General Conditions & Technical Specifications: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on June 17, 2013, based on RFO #15-13. F. Payments: For work performed, invoices shall be submitted to the City of Clearwater, Engineering Department, Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Countersigned: --ceorie 'ce( George N Mayor Ap roved as Cami o . Soto Assistant City Attorney CERTUS BUILDERS INC. By Dean Sumner CEO CITY OF CLEARWATER, FLORIDA By _ -72;t William B. Horne II City Manager Attest: QI-Lotak (TQL Rosemarie Call City Clerk 2 G±1lnversian (13- 0053 --UT) Previous Amount Earned this Draw i Engineering e .. 2 Exterior Work 3 Interior Work - Residuals Building 4 Interior Work - Generator Building 5 Disposal Services 6 Equipment 7 CM Labor 8 Contractor's Overhead a 10% 9 CM Fee ;Q 5% S1313 roTA IN ES 11 10 20% OWNER'S CON I I VGI;N(Y rfrimS 1-9 1S3 TOT.-i�kx(1TElh13'S,t -6) LS LS LS LS LS _' 3,500.00 1 $ 3,500.00 6,800.00 ' $ 6,800 00 I, .w. 83,794.00 I $ 83 794.00 ' S 2,730.00 1 $ 2,730.00 3,500.00 1 $ 3 500 00 j. 37.214.38 $ 37,214.38 ... 13,200.00 ! $ 13,200.00 1 I $ 15,073.84 l $ 15.073.84 {, 8,290.61 ; $ 8,290.61 1 $ 1710283"i� 34,820 57 1 $ Amount this Draw Qty to Date Amount Earned to 'Elate - 51NGI.VC'r. 34,829.57 23 3,500.00 6,800.00 83,794.00 2,730.00 3,500.00 37,214.38 13,200,00 15,073.84 $ 8,290.61 174 502.83 S 34,820,57 $: 2 :34,820,57 1 Pape 2 of 2