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SOLID WASTE TRANSFER STATION REPLACEMENT PROJECT - 15-0007-SW - FIRST AMENDMENT TO CONSTRUCTION MANAGER AT RISK FOR SOLID WASTE TRANSFER STATIONKO KO LAKI S February 3, 2021 Mrs. Tara Kivett, P.E. City Engineer City of Clearwater 1 Engineering 100 S. Myrtle Ave #220 Clearwater, FL. 33756 CONTRACTING Project: CM at Risk Services for Solid Waste Transfer Station Clearwater, Florida Project No.: FL -0185-16 / PO# ST114551 / 15 -0007 -SW Subject: 5 -Year Asphalt Warranty — 1-1/2" Wear Layer Dear Mrs. Kivett: Kokolakis Contracting, serving as Construction Manager, does hereby warrant all labor and materials specific to the asphaltic paving at the above referenced project will be free from defects for a period of (5) five years. This warranty commences on March 26, 2020 and expires on March 25, 2025. Should the asphalt paving fail during the warranty period due to defective materials or workmanship, repairs or replacement will be made at no expense to the Owner. This warranty specifically excludes failures attributed to leachate, vehicle/equipment fluid leaks, lack of reasonable maintenance or operations. Respectfully, Roderick Voigt Executive Vice President Enc: n/a CC: Field, Fax, File, JK, BA, RV FORGING RELATIONSHIPS 1 500 OCEAN AVENUE, SUITE A BOHEMIA, NY 1 1 716 631-744-6147 WWW. JK0KOLAKI5.00M 202 E. CENTER STREET TARPON SPRINGS, FL 34689 727-942-221 1 FIRST AMENDMENT TO CONSTRUCTION MANAGER AT RISK FOR SOLID WASTE TRANSFER STATION This FIRST AMENDMENT is made and entered into on this 3rd day of February, 2021, by and between the City of Clearwater, a municipal corporation, hereinafter referred to as the "City ", and J. Kokolakis Contracting, Inc., authorized to do business in Pinellas County and State of Florida, hereinafter referred to as the "Contractor", collectively "Parties". WHEREAS, the City and Contractor previously entered into a construction contract on November 20, 2017, hereinafter referred to as the Contract, to construct the Solid Waste Transfer Station Project (15 -0007 -SW); and WHEREAS, during construction of the project, problems occurred relating to the asphalt furnished and installed at the Solid Waste Transfer Station site location; and WHEREAS, to resolve these issues, both the City and Contractor desire to amend the Contract. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree that the above terms, recitals, and representations are true and accurate and are incorporated herein by reference, and the Parties further agree as follows: 1. Article 13.5.1. Extended Warranty Period (Section III, General Conditions) is hereby added in its entirety as follows: 13.5.1 EXTENDED WARRANTY PERIOD For purposes of this Article 13.5.1. only, Work shall be defined as the upper one and one- half (1.5) inches of asphalt paving materials at the Solid Waste Transfer Station site location. The Parties agree that the Substantial Completion date is March 26, 2020. If within five years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations, any Work is found to be defective, Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written instructions; (i) correct such defective Work, or, if it has been rejected by the Owner, remove it from the site and replace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the Owner may have the defective Work corrected or the rejected. Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. 1 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. This extended warranty specifically excludes failures attributed to the direct application and accumulation of harmful leachates, petroleum based vehicle/equipment fluid contamination, abuse, lack of reasonable maintenance, operational equipment damage and normal wear and tear. Incidental amounts of such contaminants tracked by tires as part of normal transfer station operations shall not be considered direct application and accumulation. The Parties mutually agree that AREHNA Engineering, Inc. shall be the Consultant during the extended warranty period. Every six months, Consultant shall conduct an inspection of the Work and provide a written report. At any point during the extended warranty period, if Consultant determines that the Work has become defective, then Contractor shall replace such defective Work. The decision of the Consultant shall be final and binding on both Parties. Contractor shall maintain a warranty bond in the amount of $140,000 for the duration of the extended warranty period, which is incorporated by refence and attached hereto as Exhibit A. 2. Except as changed or modified by this First Amendment, all provisions and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals this 3rd day of February , 2021. Countersigned: rank Hibbard Mayor J. KOKOL IS CONTRACTIN By: Printed ame: Roderick Executive Vice President CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Approved as to form: Attest: 2 --,,a, 4 0,4,6 Owen Kohler Assistant City Attorney Rosemarie Call City Clerk Init. Bond No. 015213021 #!AIA Document A313 - 2020 Warranty Bond CONTRACTORIPRINCIPAL: (Name, legal status, and address) J. Kokolakis Contracting, Inc. 202 East Center Street Tarpon Spings, FL 34689 OWNERIOBLIGEE: (Name, legal status, and address) SURETY: (Name, legal status, and address) Liberty Mutual Insurance Company 175 Berkeley St. Boston, MA 02116 City of Clearwater - Engineering Municipal Services Building, Suite #220 100 S. Myrtle Ave. Clearwater, FL 33756 CONSTRUCTION CONTRACT Date: November 20, 2017 Description: Construction Management (Name and location) Clearwater Solid Waste Transfer Station 1005 Old Coachman Rd. Clearwater, FL 33765 BOND Term of the Bond The Term of this Bond commences on March 26, 2020 under the Construction Contract and expires March 25, 2025, unless otherwise specified below, notwithstanding a longer warranty period set forth in the Construction Contract. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount of this Bond: $ 140,000.00 One Hundred Forty Thousand and 00/100 Dollars Modifications to this Bond: None X See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Sea J. Kokolakis Co racting, Inc. Signature: Name and Title: oderick C. Voigt Executive Vice Presi•ent SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company Signature: Name and Colette F7 Chisholm Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Warranty Bond.) (FOR INFORMATION ONLY— Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, or other party.) Alliant Insurance Services, Inc. Ardurra 333 Earle Ovington Blvd, Suite 700 4921 Memorial Highway #300 Uniondale, NY 11553 Tampa, FL 33634 AIA Document A313' - aoao. Copyright © 2020 by The American Institute of Architects. All rights reserved. The "American lcan ! r}ssjifu'te of,Arcliitects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was producecdby AIA software at 10:36:13 ET on 11/17/2020 under Order No.9696133454 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414429046) Init. § 1 During the Term of the Bond, the Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the Contractor's warranty obligations set forth in the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor satisfies its warranty obligations under the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond. It is understood and agreed that in no event shall the Surety's obligations under this Bond extend to warranties provided by the Contractor's suppliers and manufacturers. § 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 during the Term of the Bond of the Owner's intent to declare a Contractor Default; .2 the Contractor fails to remedy the Contractor Default within a reasonable amount of time of such notice; and, .3 the Owner declares a Contractor Default and notifies the Surety. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3 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, under reservation of rights, and at the Surety's expense, remedy the Contractor's Default. The Surety may, with the consent of the Owner, arrange for the Contractor to remedy the Contractor's Default. § 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. § 7 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. The Surety is obligated, without modification or qualification, for the responsibilities of the Contractor for correction of defective work as set forth in the Construction Contract, and additional legal and design professional costs resulting from the Contractor's Default or resulting from the actions or failure to act of the Surety under Section 5. § 8 The Owner may request an extension of the Term of this Bond. The Surety, at its sole option, may extend the Term of this Bond by continuation certificate or rider setting forth the new expiration date. .1 if the Surety extends the Term of this Bond, the Bond shall be considered one continuous bond. .2 If the Surety decides not to extend the Term of this Bond, then the Surety shall notify the Owner in writing thirty (30) days prior to the end of the current term of this Bond at the address indicated on page I. .3 Neither the Surety's failure to extend the Term of this Bond nor the Contractor's failure to provide a replacement bond or other acceptable security shall be considered a breach or default by the Surety or Contractor on this Bond, nor serve as a basis for a claim or demand on this Bond. § 9 The Surety's total liability under this Bond is limited to the Amount of this Bond indicated on Page 1, regardless of whether the Term of this Bond is extended, the length of time this Bond remains in force, and the number of premiums that shall be payable or paid. § 10 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. § 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 of the Contractor required by the Construction Contract is located and shall be instituted within two years after a declaration of Contractor Default. If the provisions of this Paragraph are void or AIA Document A313- - 2020. Copyright © 2020 by The American Institute of Architects. AH rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:36:13 ET on 11/17/2020 under Order No.9696133454 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414429046) Init. prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be in writing and mailed or delivered to the address shown on the first page of this Bond. § 13 Provisions in this Bond that conflict with applicable statutory or other legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. § 14 Definitions § 14.1 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. § 14.2 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with the warranties required under the Construction Contract. § 14.3 Owner Default. Failure of the Owner, which has not been remedied or waived, to perform or otherwise comply with the other material terms of the Construction Contract. § 14.4 Contract Documents. All the documents that comprise the Construction Contract. § 14.5 Surety. The company or companies lawfully authorized to issue surety bonds in the jurisdiction where the project is located. § 15 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. § 6 Modifications s to tbis Bond are as follows: is on is specs ica ly or t e upper one an one-half (1.5) inches of asphalt paving materials at the Solid Waste Transfer site location. This extended warranty specifically excludes failures attributed to the direct application and accumulation of harmful leachates, petroleum based vehicle/equipment fluid contamination, abuse, lack of reasonable maintenance, operational equipment damage and normal wear and tear. Incidental amounts of such contaminants tracked by tires as part of normal transfer station operations shall not be considered direct application and accumulation. (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 A313- - 2020. Copyright © 2020 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:36:13 ET on 11/17/2020 under Order No.9696133454 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414429046) ACKNOWLEDGEMENT OF PRINCIPAL IF A CORPORATION STATE OF FLORIDA } COUNTY OF PINELLAS } The foregoing instrument was acknowledged before me by means of 0 physical presence or El online notarization, this 3rd day of February , 2021 by Roderick C. Voigt, Executive Vice President of J. Kokolakis Contracting, Inc. dba Kokolakis Contracting , a New York State corporation, on behalf of the corporation. He/she is 0 personally known to me or ❑ has produced as identification. My commission expires: 04/26/2024 ,►� Ns, Notary Public State of Ftonda a4 `F Andria C Sartor M , v My Commission GG 981827 �iy Expires 04/26/2024 ACKNOWLEDGMENT OF SURETY COMPANY STATE OF New York } COUNTY OF New York } On this February 3, 2021 , before me personally came Colette R. Chisholm to me known, who, being by me duly sworn, did depose and say; that he/she resides in New York County , State of New York that he/she is the Attomey-In-Fact of the Liberty Mutual Insurance Company the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has pursuant to Section 1111 of the Insurance Law of the State of New York, issued to Liberty Mutual Insurance Company (Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving is as such; and that such certificate has not been revoked. NY acknowledgement Notary Public VISHNU CHAITOO Notary Public -State of New Yark No. 01CH6383706 Qualified in Queens County Commission Expires November 26.2022 Liberty Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8200782-969603 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Colette R. Chisholm; Dana Granice; Susan Lupski; Robert T. Pearson; Katherine Acosta; Thomas Bean; George O. Brewster; Desiree Cardlin; Lee Ferrucci; Peter F. Jones; Rita Losquadro; Gerard S. Macholz; Camille Maitland; Nelly Renchiwich; Vincent A. Walsh; Michelle Wannamaker all of the city of Uniondale state of NY each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of March , 2019 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company 1 By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this 26th day of March , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Merlon Twp., Montgomery County My Commission Expires March 28, 2021 Member, Pennsylvania Association of Notaries By: Lte& eresa Pastella, Notary Pubic eresa Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West Americen, Insurapce Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Cpmparties, is in full** and effect and has not been revoked. -' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of February , 2021 LMS -12873 LMIC OCIC WAIC Multi Co 062018 By�Cti*�'4T"":'- Renee C. Llewellyn, Assistant Secretary . to U) to a) O _ I— o co W >E m O O Q 40 O C Otis d O co 0 moi o aa)) a) To- so > a) NI - _c N no E w °D o0 0 H- Liberty Mutual SURETY LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL, STATEMENT — DECEMBER 31, 2019 Assets Liabilities Cash and Bank Deposits $778,754,989 *Bonds — U.S Government 2,780,808,610 *Other Bonds 12,645,608,792 *Stocks 16,385,435.431 Real Estate 235.608,378 Agents' Balances or Uncollected Premiums 6,217,983,641 Accrued Interest and Rents 102,273.390 Other Admitted Assets 11.957,106.292 Total Admitted Assets $51,103,579,523 Unearned Premiums $8,007,146,482 Reserve for Claims and Claims Expense 21,532,853,787 Funds Held Under Reinsurance Treaties 507,868.920 Reserve for Dividends to Policyholders 1,143,826 Additional Statutory Reserve 125,722,000 Reserve for Commissions, Taxes and Other Liabilities 4,117,460.075 Total 534,292,1 95,090 Special Surplus Funds $32,768,443 Capital Stock 10,000,075 Paid in Surplus 10.044,978,933 Unassigned Surplus 6,723,636,983 Surplus to Policyholders 16,811,384,434 Total Liabilities and Surplus S51,103,579,524 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from 1,iberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2019, to the best of my knowledge and belief IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 27'' day of March. 2020. Assistant Secretary S-1262LMIC/a 3/20 Init. Bond No. 015213021 =WDocument A313TM - 2020 Warranty Bond CONTRACTORIPRINCIPAL: (Name, legal status, and address) J. Kokolakis Contracting, Inc. 202 East Center Street Tarpon Spings, FL 34689 OWNERIOBLIGEE: (Name, legal status, and address) SURETY: (Name, legal status, and address) Liberty Mutual Insurance Company 175 Berkeley St. Boston, MA 02116 City of Clearwater - Engineering Municipal Services Building, Suite #220 100 S. Myrtle Ave. Clearwater, FL 33756 CONSTRUCTION CONTRACT Date: November 20, 2017 Description: Construction Management (Name and location) Clearwater Solid Waste Transfer Station 1005 Old Coachman Rd. Clearwater, FL 33765 BOND Term of the Bond The Term of this Bond commences on March 26, 2020 under the Construction Contract and expires March 25, 2025, unless otherwise specified below, notwithstanding a longer warranty period set forth in the Construction Contract. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount of this Bond: $140,000.00 One Hundred Forty Thousand and 00/100 Dollars Modifications to this Bond: None X See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Se J. Kokolakis Contracting, Inc. Signature: Name and Title: (Any additional signatures appear on the ' p oderick C. Voigt Executive Vice Pres :rnt SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company Signature: Name and Colette R. Chisholm Title: Attorney -In -Fact last page of this Warranty Bond.) (FOR INFORMATION ONLY—Name, address, and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer, or other party.) Alliant Insurance Services, Inc. Ardurra 333 Earle Ovington Blvd, Suite 700 4921 Memorial Highway #300 Uniondale, NY 11553 Tampa, FL 33634 2 AIA Document A313- - 2020. Copyright © 2020 by The American Institute of Architects. All rights reserved. The "American I nsti u( of AFchitects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:36:13 ET on 11/17/2020 under Order No.9696133454 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414429046) Init. § 1 During the Term of the Bond, the Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the Contractor's warranty obligations set forth in the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor satisfies its warranty obligations under the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond. It is understood and agreed that in no event shall the Surety's obligations under this Bond extend to warranties provided by the Contractor's suppliers and manufacturers. § 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 during the Term of the Bond of the Owner's intent to declare a Contractor Default; .2 the Contractor fails to remedy the Contractor Default within a reasonable amount of time of such notice; and, .3 the Owner declares a Contractor Default and notifies the Surety. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3 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, under reservation of rights, and at the Surety's expense, remedy the Contractor's Default. The Surety may, with the consent of the Owner, arrange for the Contractor to remedy the Contractor's Default. § 6 lf 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. § 7 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. The Surety is obligated, without modification or qualification, for the responsibilities of the Contractor for correction of defective work as set forth in the Construction Contract, and additional legal and design professional costs resulting from the Contractor's Default or resulting from the actions or failure to act of the Surety under Section 5. § 8 The Owner may request an extension of the Term of this Bond. The Surety, at its sole option, may extend the Term of this Bond by continuation certificate or rider setting forth the new expiration date. .1 If the Surety extends the Term of this Bond, the Bond shall be considered one continuous bond. .2 If the Surety decides not to extend the Term of this Bond, then the Surety shall notify the Owner in writing thirty (30) days prior to the end of the current term of this Bond at the address indicated on page 1. .3 Neither the Surety's failure to extend the Term of this Bond nor the Contractor's failure to provide a replacement bond or other acceptable security shall be considered a breach or default by the Surety or Contractor on this Bond, nor serve as a basis for a claim or demand on this Bond. § 9 The Surety's total liability under this Bond is limited to the Amount of this Bond indicated on Page 1, regardless of whether the Term of this Bond is extended, the length of time this Bond remains in force, and the number of premiums that shall be payable or paid. § 10 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. § 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 of the Contractor required by the Construction Contract is located and shall be instituted within two years after a declaration of Contractor Default. If the provisions of this Paragraph are void or AIA Document A313- - 2020. Copyright © 2020 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:36:13 ET on 11/17/2020 under Order No.9696133454 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414429046) Init. prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be in writing and mailed or delivered to the address shown on the first page of this Bond. § 13 Provisions in this Bond that conflict with applicable statutory or other legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. § 14 Definitions § 14.1 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. § 14.2 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with the warranties required under the Construction Contract. § 14.3 Owner Default. Failure of the Owner, which has not been remedied or waived, to perform or otherwise comply with the other material terms of the Construction Contract. § 14.4 Contract Documents. All the documents that comprise the Construction Contract. § 14.5 Surety. The company or companies lawfully authorized to issue surety bonds in the jurisdiction where the project is located. § 15 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. §,l,6 soda iscspeclticns ally for the upper one follows: one-half (1.5) inches of asphalt paving materials at the Solid Waste Transfer site location. This extended warranty specifically excludes failures attributed to the direct application and accumulation of harmful leachates, petroleum based vehicle/equipment fluid contamination, abuse, lack of reasonable maintenance, operational equipment damage and normal wear and tear. Incidental amounts of such contaminants tracked by tires as part of normal transfer station operations shall not be considered direct application and accumulation. (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 A313- - 2020. Copyright © 2020 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:36:13 ET on 11/17/2020 under Order No.9696133454 which expires on 12/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414429046) ACKNOWLEDGEMENT OF PRINCIPAL IF A CORPORATION STATE OF FLORIDA } COUNTY OF PINELLAS } The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this 3rd day of February , 2021 by Roderick C. Voigt, Executive Vice President of J. Kokolakis Contracting, Inc. dba Kokolakis Contracting , a New York State corporation, on behalf of the corporation. He/she is 0 personally known to me or ❑ has produced as identification. My commission expires: 04/26/2024 1 P4,. Notary Public State of Florida Y Andria C Sartor c My Commission GG 981827 r Expires 04/26/2024 ACKNOWLEDGMENT OF SURETY COMPANY STATE OF New York } COUNTY OF New York } On this February 3, 2021 , before me personally came Colette R. Chisholm to me known, who, being by me duly swom, did depose and say; that he/she resides in New York County , State of New York that he/she is the Attomey-In-Fact of the Liberty Mutual Insurance Company the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has pursuant to Section 1111 of the Insurance Law of the State of New York, issued to Liberty Mutual Insurance Company (Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving is as such; and that such certificate has not been revoked. NY acknowledgement \)1;41A0 (1ti c Notary Public VISHNU CHArTOO Notary Public -State of New Yolk No. 01CH8383706 Qualified in Queens County Cwnmission Expires November 28. 2022 Liberty Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8200782-969603 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Colette R. Chisholm; Dana Granice; Susan Lupski; Robert T. Pearson; Katherine Acosta; Thomas Bean; George 0. Brewster; Desiree Cardlin; Lee Ferrucci; Peter F. Jones; Rita Losquadro; Gerard S. Macholz; Camille Maitland; Nelly Renchiwich; Vincent A. Walsh; Michelle Wannamaker all of the dty of Uniondale state of NY each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of March , 2019 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company /1 State of PENNSYLVANIA County of MONTGOMERY ss On this 26th day of March , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. David M. Carey, Assistant Secretary vi to to m —o o a) 9- 3 O i5 aim --a c •� oas � y0 c t0 L 0) toy 0)aJ o .E EL_ ai- d m U (6 c oL COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Upper Merlon Twp., Montgomery County By: My Commission Expires March 28, 2021 Member, Pennsylvania Association of Notaries eresaTpu,Asd gAift(4) PazINIa. Nolan Public Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon:the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance COMpany do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is ih full force'and eftedt and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3rd day of February , 2021 - LMS -12873 LMIC OCIC WAIC Multi Co 062018 By: Renee C. Llewellyn, Assistant Secretary > (0 -o 0 N T (0 c 0 _ to o >'E m n oID 0 kV 0 (o ao N O d) 0 00) > O CO Li -- M 00 00 0 Liberte Mutu 11 SURETY LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT— DECEMBER 31, 2019 Assets Liabilities Cash and Bank Deposits $778,754,989 Unearned Premiums *Bonds — U.S Government 2.780.808,610 *Other Bonds 12,645,608.792 *Stocks 16,385,435,431 Real Estate 235.608,378 Agents' Balances or Uncollected Premiums 6,217,983.641 Accrued Interest and Rents 102,273,390 Other Admitted Assets 11,957,106,292 Reserve for Claims and Claims Expense Funds Held Under Reinsurance Treaties Reserve for Dividends to Policyholders Additional Statutory Reserve Reserve tier Commissions. Taxes and Other Liabilities Total Special Surplus Funds $32,768,443 Capital Stock 10,000,075 Paid in Surplus Unassigned Surplus 10,044,978,933 6,723,636,983 16,811,384,434 551,103,579,524 Total Admitted Assets x51,103,579,523 Surplus to Policyholders Total Liabilities and Surplus $8,007,146,482 21,532.853,787 507.868.920 1,143,826 125,722,000 4,117,460,075 S34,292,195,090 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. 1, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2019, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 27th day of March. 2020. Assistant Secretary S-1262LMIC/a 3/20 Construction Services Group February 3, 2021 Andria Sartor J. Kokolakis Contracting, Inc. 205 E. Center St. Tarpon Springs, FL 34689 Re: Type of Bond: Bond Number: Obligee: Description: Bond Amount: Dear Andria: WLIIiant Warranty Bond 015213021 City of Clearwater - Engineering Contract Management, Clearwater Solid Waste Transfer Station, 1005 Old Coachman Rd., Clearwater, FL 33765 $140,000.00 In accordance with your request, we are pleased to enclose the above referenced Warranty Bond, in duplicate. An authorized individual of J. Kokolakis Contracting, Inc. must sign, seal and notarize the bond before filing it with the Obligee. Please do not hesitate to contact us should you have any questions. Sincerely, CYT/s1//8/ L-,Ii�fi/tV Vishnu Chaitoo Enclosures Alilant Insurance Services. Inc. • 333 Earle (hineton d.. Suite 700. Uniondale. NY 11553 mo'a (516) 414-8900 • \\ AN,. vv.alliant.com • License No. 0C36861