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1705 Vogel Bros 14/15-03Pi �'�1 L1ry 6,. r - Tuesday, March 31, 2015 N14 M65 -: 54;xf mss, CT": The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑❑ Performance Bond Resolution Once completed, please: ❑ Return originals to Purchasing ❑❑ Return copies ® Mayor's signature ❑ Re endering Safe keeping Vau epu y ity Manager ❑ Payment Bond ❑ City Manager Signature ® City Clerk Attest/Signature Special Instructions: (�7 �� r-e I From TADept_forms \City Clerk Transmittal Memo - 2009.doc Date 413) �-d r� 77- -Puasing Managdr- Finance jDirector 4Dkl Date Date (fir ! .� �'� , %ir . �� i,��,+ v °° �� r {. �s � i��" �� •�% �. THIS AGREEMENT, made this day of '? , 2015, by and between the City of Sanford, a municipal corporation of the State of Florida, holding tax - exempt status, hereinafter referred to as the Owner, and Vogel Bros. Building Co. , whose principal address is 2720 Drane Field Road, Lakeland, FL 33811 , doing business as a(n) (individual, partnership, corporation), and hereinafter referred to as the Contractor. The Owner and Contractor are collectively referred to herein as the Parties. The Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.01 CONTRACT DOCUMENTS A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), the Contractor's Bid, Notice to Proceed, the required Bonds and Insurance, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Contract Drawings, all Written Amendments, Change Orders, Work Change Directives, Field Orders, the Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the Owner are identified by title and number as set forth below, and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. B. The Contract Documents which comprise the entire Agreement between the Owner and the Contractor concerning the Work consist of the following: 1. This Agreement, executed by both Parties. 2. Project Manual bearing the title "Sanford North WRF: BNR Improvements, consisting of Volume No.'s I through III, and containing all instructions, terms, general and supplementary conditions, bid documents, and technical specifications for the Project. 3. Contract Drawings consisting of a cover sheet; index of sheets and engineering design plan sheets (civil sheets; structural sheets; electrical, controls, instrumentation and SCADA sheets; and architectural sheets) with each sheet bearing the following general title: "Sanford North WRF: BNR Improvements ". 4. Addenda applicable to the Bid. 5. Contractor's Bid Form (Section 00300). 6. Qualifications Statement (Section 00305). 7. Public Entities Crime Affidavit (Section 00420). 8. Criminal Background Check Requirements and Affidavit (Section 00425). 9. Trench Safety Act Compliance (Section 00430). 10. Drug -Free Workplace Certification (Section 00470). 11. Non - Collusion Affidavit (Section 00480). 12. Conflict of Interest Affidavit (Section 00482). 13. Compliance with Public Records Law Affidavit) (Section 00484). 14. Disputes Disclosure Form (Section 00486). 15. Contract Claim Form (Section 00550). 16. Performance Bond (Section 00610). 17. Labor and Materials Payment Bond (Section 00620). 18. Material and Workmanship Bond (Section 00625). 19. Consent of Surety to Final Payment (Section 00627). 20. Americans with Disabilities Act Affidavit (Section 00630). 21. Unauthorized (Illegal) Alien Workers Affidavit (Section 00632). 22. E- Verify Compliance Affidavit (Section 00634). 23. Financial Information Form (Section 00636). 24. Certification of Non - Segregated Facilities (Section 00653). 25. Receipt of Exempt Public Records and Agreement to Safeguard (Section 00655). 2 26. Notice of Award (Section 00660). 27. Notice to Proceed (Section 00661). 28. Contractor's Partial Release of Lien Form (Section 00662). 29. Contractor's Final Release of Lien Form (Section 00663). 30. Subcontractor's Final Release of Lien Form (Section 00664). 31. Application and Certificate for Payment Form (Section 00680). 32. Contract Change Order (Section 00681). 33. Work Directive Form (Section 00683). 34. Field Order Form (Section 00685). 35. General Conditions (Section 00700). 36. Supplementary Conditions (Section 00800). 37. FDEP Supplementary Conditions (Section 00805). 38. Certificate of Substantial Completion (Section 00848). 39. Certificate of Final Completion (Section 00849). 40. Certificates of Insurance. 41. Schedule of Values. 42. Additional documents that are not specifically listed above but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as part of the Contract. C. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions and amended by the Supplementary Conditions. D. These documents form the Agreement and all are as fully a part of the Agreement as if attached to this Agreement or repeated herein. As the documents indicated above are executed they shall become a part of the Owner's official set of Contract Documents. 3 1.02 SCOPE OF WORK A. The Contractor will commence and complete the construction of the Sanford North WRF: BNR Improvements. B. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Sanford North WRF; BNR Improvements as described herein. C. The Contractor shall complete all Work as specified or indicated in the Contract Documents at the Sanford North WRF. D. The Project Work at the Sanford North WRF generally consists of, but is not limited to, the following elements: 1. Integrated Fixed -Film Activated Sludge Process (IFAS) BNRTreatment System consisting of primary anoxic basins, aerobic basins, deoxygenation basins, secondary anoxic basins, reaeration basins, handrails, kickplate, walkways and associated equipment. 2. Turbo blowers, piping and diffusers. 3. Submersible mixers. 4. Grit Removal System modifications. 5. RAS /WAS pumping system improvements. 6. Chemical feed system modifications. 7. Blower Facility Building and associated equipment, piping, and appurtenances. 8. Electrical Building No. 1 and associated equipment, piping, and appurtenances. 9. BNR Chemical Feed Facility Building and associated equipment, piping, and appurtenances. 10. Electrical, controls and instrumentation system improvements. 11. SCADA System modifications. 12. Site work, yard piping, plant internal roadway improvements, stormwater management system improvements signage, sodding, painting and miscellaneous appurtenances and ancillaries. !ll E. It is further understood that the methods of accomplishing the work of this Project as shown on the Contract Drawings are general in nature and not intended to be complete or accurate in all details or respects with actual field conditions and the Contractor shall make such adjustments or departures as required and as approved by the Engineer and Owner to accomplish the intent. If the Contractor determines that departures are necessary from the Contract Documents, he shall submit such departures and the reasons therefore with shop drawings to the Engineer. Approved departures shall be made at no additional cost to the Owner. 1.03 ENGINEER A. The Project has been designed by CPH, Inc. who is hereinafter referred to as the Engineer, and who will assume all duties and responsibilities and will have the rights and authority assigned to the Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. B. Contact Information CPH, Inc. 500 West Fulton Street Sanford, FL 32771 Phone No.: (407) 322 -6841 Project Manager: Benjamin M. Fries (bfriesa- cphcorp.com) 1.04 CONTRACT TIME AND LIQUIDATED DAMAGES A. The Contractor will commence the work required by the Project Manual /Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and shall "substantially" complete the work within four hundred fifty (450) consecutive calendar days, or June 15 , 2016, and "finally" complete the work within four hundred eighty (480) consecutive calendar days, or July 15 , 2016. B. Liquidated Damages The City of Sanford is currently under an FDEP Order to complete the Biological Nutrient Removal (BNR) improvements within a specified timeframe to meet the new TMDL standards for the Sanford section of the St. Johns River or be fined. Therefore, the Contractor shall ensure that the project's critical path is the timely construction and testing, ready for operation, of the improvements at the Sanford North WRF. 2. It is expressly understood by both the Owner and Contractor that Time Is of the Essence with respect to the Project and Agreement and that the Owner will suffer financial loss if all of the Work is not substantially complete within the time frame identified in Article 1.03(A) above, plus any extensions thereof allowed in accordance with the General Conditions. 3. The Owner and Contractor also recognize the delays, expense and difficulties involved in proving, in a legal arbitration proceeding, the actual loss suffered by the Owner if the Work is not "substantially" complete "on- time ". Accordingly, instead of requiring such proof, the Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay the Owner the sum of Two Thousand Dollars ($2,000) for each calendar day that expires after the time stipulated in Article 1.03(A) above for project "substantial" completion forthe various portions of the Project until the Work is substantially complete. The amount represents an estimate of the Owner's damages for regulatory agency fines, loss of use and administrative costs associated with delay. 4. After Substantial Completion, if the Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in Article 1.03(A) for "final" completion and readiness for final payment or any proper extension thereof granted by the Owner, the Contractor shall pay the Owner One Thousand Five Hundred Dollars ($1,500) for each calendar day that expires after the time specified in Article 1.03(A) for completion and readiness for final payment. This amount represents Owner's damages for regulatory agency fines, loss of use and administrative costs associated with delay. 1.05 CONTRACT PRICE A. The Owner will pay to the Contractor, in current funds for the performance of the work, and at such times as set forth in the General Conditions, such amounts required by the Contract Documents. B. The Contractor agrees to perform all of the Work described in the Contract Documents for construction of the Sanford North WRF. BNR Improvements and comply with the terms therein for a Total Bid Amount of Twelve Million One Hundred Seventeen Thousand Dollars ($12,117,000). C. Payments will be made to the Contractor based on the Schedule of Values, which shall be as fully a part of the Contract as if attached or repeated herein, and subject to completion of the work, in accordance with the Contract Documents. 1.06 OWNER DIRECT PURCHASES AND SALES TAX RECOVERY A. The Contractor shall cooperate with the Owner in the implementation of the Owner's sales tax recovery program and, to that end, the Owner may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. B. The Contractor hereby recognizes the right of the Owner to engage in sales tax recovery/savings through Owner Direct Purchases (ODP's). -• -• I i_ A. The Contractor shall submit Applications for Payment (AFP) in accordance with the General Conditions, as amended by the Supplementary Conditions. Applications for Payment will be processed by the Engineer as provided in the General Conditions. The Contractor shall use the AFP Form found in Section 01030, "Applications for Payment ". Payment items are described in Section 01025, "Measurement and Payment ". B. The Owner shall make progress payments on account of the Contract Price on the basis of the Contractor's Applications for Payment as recommended by Engineer, on monthly intervals during construction as provided below. All progress payments will be on the basis of the progress of the Work. C. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as the Engineer shall determine, or the Owner may withhold, in accordance with the General Conditions and as amended by the Supplementary Conditions. 1. Ninety percent (90 %) of the value of Work completed, with the balance being retainage. 2. Ninety percent (90 %), with the balance being retainage of the value of materials and equipment not incorporated in the Work, but delivered, suitably stored and accompanied by documentation satisfactory to the Owner as provided in the General Conditions and amended by the Supplementary Conditions. 3. Upon Substantial Completion, the Owner may, at his option, increase total payments to the Contractor to ninety -five percent (95 %) of the Contract Price, with the balance being retainage, less such amounts as the Engineer shall determine, or the Owner may withhold, in accordance with the General Conditions and amended by the Supplementary Conditions. 7 D. Final Payment 1. Upon final completion and acceptance of the Work in accordance with the General Conditions, and as amended by the Supplementary Conditions, the Owner shall pay the remainder of the Contract Price as recommended by the Engineer as provided in the General Conditions and amended in the Supplementary Conditions. E. The Contractor shall certify at the time of each progress payment that the work covered by the partial payment has been completed in accordance with the Contract Documents and that all amounts have been paid by the Contractor for which previous certificates or payment were issued and that all subcontractors and materialmen have been paid. The Contractor shall consent to joint checks with subcontractors and materialmen in the event it fails to make timely payments when due or to submit affidavits or certificates as requested herein. F. No change orders, additions, modifications or deletions shall be allowed nor compensable unless the Contractor has "prior" written approval from the Owner and Engineer. Said "prior" written approval must specify the nature of the change and any adjustment to the time of completion and contract price. 1.08 CONTRACTOR'S REPRESENTATIONS A. In order to induce the Owner to enter into this Agreement, the Contractor makes the following representations: 1. The Contractor has examined and carefully studied the Contract Documents, including the Addenda listed in Article 1.07, and the other related data identified in the Bidding Documents including "technical data ". 2. The Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 3. The Contractor is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work. 4. The Contractor has carefully studied all drawings, reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site including underground facilities which have been identified in the Supplementary Conditions. The Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for the Contractor's purposes. The Contractor acknowledges that the Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground M facilities at or contiguous to the site. The Contractor has obtained and carefully studied, or assumes responsibility for having done so, all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by the Contractor and safety precautions and programs incident thereto. The Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 5. The Contractor is aware of the general nature of Work to be performed by the Owner and others at the site that relates to the Work as indicated in the Contract Documents. 6. The Contractor is specifically aware of the contractual terms relating to changes of Contract Price and Time as described in Article 12 of the General Conditions as supplemented and amended in the Supplementary Conditions. 7. The Contractor has correlated the information known to the Contractor, information and observations obtained from site visits to the Sanford North WRF, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 8. The Contractor has given the Engineer written notice of all conflicts, errors, ambiguities or discrepancies that the Contractor has discovered in the Contract Documents and the written resolution thereof by the Engineer is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1.09 ADDITIONAL TERMS AND CONDITIONS A. The following additional terms and conditions shall be made part of this agreement and shall be binding upon all parties: 1. Terms used in this Agreement which are defined in Article 1 of the Section 00700, "General Conditions ", will have the meanings indicated in the General Conditions and as amended in Section 00800, "Supplementary Conditions" and Section 00805, "FDEP Supplementary Conditions ", and Section 00807, "Classification and Wage Determination (Davis Bacon Act) ". E 2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent except to the extent that the effect of this restriction may be limited by law, and unless specifically stated to the contrary in any written consent to an assignment. No assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 3. The Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 4. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as defined in the Section 00700, "General Conditions ", and as amended by Section 00800, "Supplementary Conditions ", Section 00805, "FDEP Supplementary Conditions ", harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or services supplied in the performance of this Agreement. 5. The Contractor agrees to indemnify and hold the Owner, Engineer and others, as defined in the Section 00700, "General Conditions ", and as amended by Section 00800, "Supplementary Conditions ", Section 00805, "FDEP Supplementary Conditions ", harmless from any and all claims, suits, actions, damages, causes of action, or attorney's fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of, or as a result of the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Agreement. 6. The Contractor hereby warrants and represents to the Owner that it is competent and otherwise able to provide professional and high quality goods and /or services to the Owner by means of employees who are neat in appearance and of polite demeanor. 7. All submissions submitted by the Contractor in the proposals /bid submitted to the Owner and Engineer are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 8. The Contractor acknowledges that the Owner may retain other goods and /or service providers to provide the same goods and /or services for Owner projects. The Contractor acknowledges that the Owner, at the Owner's option, may request proposals from the Contractor and the other goods and /or service providers for Owner projects. The Owner reserves the right to select which goods and /or services provider shall provide goods and /or services for the Owner's projects. 9. The Contractor agrees to provide and ensure coordination between all goods /services providers. 10 10. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the Contractor certify that he /she /they is /are authorized to bind the Contractor fully to the terms of this Agreement. 11. The Contractor hereby guarantees the Owner that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 12. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the Contractor (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the Owner for any purpose, or in any manner, whatsoever. The Contractor is to be and shall remain forever an independent Contractor with respect to all services performed under this Agreement. 13. Persons employed by the Contractor in the provision and performance of the goods and /or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the Owner's officers and employees either by operation of law or by the Owner. 14. No claim for goods and /or services furnished by the Contractor not specifically provided for herein shall be honored by the Owner. 15. Execution of this Agreement by the Contractor is a representation that the Contractor is familiar with the goods and /or services to be provided and /or performed and with local conditions. The Contractor shall make no claim for additional time or money based upon its failure to comply with this Agreement. The Contractor has informed the Owner, and hereby represents to the Owner, that it has extensive experience in performing and providing the services and /or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the Owner's Projects. 16. Quality, Professional Standards, and Security Requirements a. Under this paragraph, the term "Contractor's employees" shall include Contractor's agents, employees and Subcontractors extending to Subcontractors agents and employees. b. The Contractor shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all 11 services furnished by the Contractor under any Agreement resulting from this solicitation. The Owner reserves the right to require all Contractor employees, when on Owner property or the Project site, to wear identification badges at all times which, at a minimum, provides the name of the employee and the Contractor. c. The Owner reserves the right to require the Contractor to provide to the Owner a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty -eight (48) hours of the Owner's written request for such information. This information will be reviewed, screened and verified by the Owner, prior to the employees of the Contractor entering the Owner's premises and /or the Project site. d. The Contractor shall comply with Section 2 -67 of the Sanford City Code as it relates to security screenings of private Contractors and employees of private Contractors. The Contractor shall cause each person found by the City Commission to be functioning in a position critical to the security and /or public safety of the Owner by reason of access to any publicly owned or operated facility to undergo the following inquiries and procedures conducted by the City of Sanford: 1) Fingerprinting in accordance with the Owner's pre - employment procedures; 2) Submission of the fingerprints to the Florida Department of Law Enforcement (FDLE) for state criminal history evaluation; and 3) Submission of the fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history evaluation. e. Such confidential information shall be used by the Owner to determine a person's eligibility to function in such critical employment position(s) as described. Additionally, the Owner may request and the Contractor shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the Contractor and /or Subcontractors that may work on the Owner's premises in positions found by the City Commission to be critical to the security and /or public safety of the Owner by reason of access to any publicly owned or operated facility. The Contractor shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and /or licenses they shall not be allowed to work or continue to work in such critical positions. f. The Contractor shall work closely with the Owner on all aspects of the provision of the goods and /or services. With respect to services, the 12 Contractor shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the Contractor under this Agreement. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The Contractor's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 17. Neither the Owner's review, approval or acceptance of, nor payment for, any of the goods and /or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Contractor shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Contractor negligent or improper performance or failure to perform any of the goods and /or services furnished under this Agreement. 18. The rights and remedies of the Owner, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 19. Time is of the essence in the performance of all goods and /or services provided by the Contractor under the terms of this Agreement. 20. Invoices, which are in an acceptable form to the Engineer and Owner and without disputable items, which are received by the Engineer and Owner, will be processed for payment within thirty (30) days of receipt. 21. The Contractor will be notified of any disputable items contained in invoices submitted by the Contractor within fifteen (15) days of receipt by the Engineer and Owner with an explanation of the deficiencies. 22. The Owner and the Contractor will make every effort to resolve all disputable items contained in the Contractor's invoices. 23. Each invoice shall reference this Agreement, the appropriate billing period. 24. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the Contractor completed goods and /or services referenced in an invoice. 25. Invoices are to be forwarded directly the Owner's designated Construction Engineering, Inspection and Management (CEIM) representative, as identifed at the preconstruction meeting, for review and processing. 13 26. The Owner designates the City Manager or his /her designated representative, to represent the Owner in all matters pertaining to and arising from the work and the performance of this Agreement. 27. The City Manager, or his /her designated representative, shall have the following responsibilities: a. Examination of all work and rendering, in writing, decisions indicating the Owner's approval or disapproval within a reasonable time so as not to materially delay the work of the Contractor; b. Transmission of instructions, receipt of information, and interpretation and definition of Owner's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement; c. Giving prompt written notice to the Contractor whenever the Owner official representative knows of a defect or change necessary in the project; and d. Coordinating and managing the Contractor's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 28. Until further notice from the City Manager the designated representative for this Agreement is: Paul Moore, P.E., Utility Director City of Sanford 300 North Park Avenue Sanford, Florida 32771 29. The Owner may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the Owner's opinion, adequate progress is not being made by the Contractor due to the Contractor's failure to perform; or b. If, in the Owner's opinion, the quality of the goods and /or services provided by the Contractor is /are not in conformance with commonly accepted professional standards, standards of the Owner, and the requirements of Federal and /or State regulatory agencies, and the Contractor has not corrected such deficiencies in a timely manner as reasonably determined by the Owner; or c. The Contractor, or any employee or agent of the Contractor, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any work that has been performed by the Contractor; or 14 d. The Contractor becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The Contractor violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the Owner's Code of Conduct. 30. In the event of any of the causes of termination, the Owner's designated representative may send a certified letter to the Contractor requesting that the Contractor show cause why the Agreement should not be terminated. If assurance satisfactory to the Owner of corrective measures to be made within a reasonable time is not given to the Owner within seven (7) calendar days of the date of the letter, the Owner may consider the Contractor to be in default, and may then immediately terminate this Agreement. 31. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase /Work Order shall be deemed terminated for convenience by the Owner and the Owner shall have the right to so terminate this Agreement without any recourse by the Contractor. 32. The Contractor may terminate this Agreement only if the Owner fails to pay the Contractor in accordance with this Agreement. 33. Notwithstanding any other provision of this Agreement, the Owner shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the Owner to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the Contractor shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the Contractor to remedy said specified items of deficiency or default in the notice by either the Owner's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the Owner shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 34. The Owner shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The Owner reserves the right to terminate any Agreement for cause with a five (5) day written notice to the Contractor. Notice shall be served to the parties as specified in the Agreement. 35. In the event that this Agreement is terminated, the Owner shall identify any specific work to be continued to completion pursuant to the provisions of this Agreement. 36. In the event that after the Owner termination for cause for failure of the Contractor to fulfill its obligations under this Agreement it is found that the Contractor has not so failed, the termination shall be deemed to have been for convenience and without cause. M 37. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the Contractor to the date of termination and any additional services shall be paid to the Contractor. 38. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and /or services, unless the notice provides otherwise. 39. The performance or provision of the Contractor's goods and /or services under this Agreement may be suspended by the Owner at any time. 40. In the event the Owner suspends the performance or provision of the Contractor services hereunder, the Owner shall so notify the Contractor in writing, such suspension becoming effective within seven (7) days from the date of mailing, and the Owner shall pay to the Contractor within thirty (30) days all compensation which has become due to and payable to the Contractor to the effective date of such suspension. The Owner shall thereafter have no further obligation for payment to the Contractor for the suspended provision of goods and /or services unless and until the Owner's designated representative notifies the Contractor in writing that the provision of the goods and /or services of the Contractor called for hereunder are to be resumed by the Contractor. 41. Upon receipt of written notice from the Owner that the Contractor's provision of goods and /or services hereunder are to be resumed, the Contractor shall continue to provide the services to the Owner. 42. The Contractor agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The Contractor, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 43. Indemnity and Insurance a. To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless and defend the Owner, the Engineer, engineering subconsultants, their agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual M- costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subcontractors. Additionally, the Contractor accepts responsibility for all damages resulting in any way related to the performance of work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the Contractor for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. c. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the Owner as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the Contractor or its agents or subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or its agents or Subcontractors, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the Contractor shall obligate the Contractor to comply with the indemnification provision of this Agreement; provided, however, that the Contractor must also comply with the provisions of this Agreement relating to insurance coverage. f. The Contractor shall submit a report to the Owner within twenty -four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 44. The Contractor shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the Bid documents. 45. All insurance other than Workers Compensation and Professional Liability that must be maintained by the Contractor shall specifically include the Owner, Engineer and engineering subconsultants as an additional insured. 46. The Contractor shall provide Certificates of Insurance to the Owner evidencing that all such insurance is in effect prior to the issuance of the first Purchase /Work Order under this Agreement from the Owner. These Certificates of Insurance shall become part of this Agreement. Neither approval by the Owner nor failure to disapprove the insurance furnished by a Contractor shall relieve the Contractor of the Contractor's full responsibility for performance 17 of any obligation including the Contractor's indemnification of the Owner, Engineer and engineering consultants under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the Contractor shall, as soon as the Contractor has knowledge of any such circumstance, immediately notify the Owner and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the Contractor has replaced the unacceptable insurer with insurance acceptable to the Owner, the Contractor shall be deemed to be in default of this Agreement. 47. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the Owner by submission of a new Certificate of Insurance. 48. The Contractor shall furnish Certificates of Insurance directly to the Engineer and Owner's Designated Representative. The certificates shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Agreement. 49. Nothing in this Agreement or any action relating to this Agreement shall be construed as the Owner's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 50. The Owner shall not be obligated or liable under the terms of this Agreement to any party other than the Contractor. There are no third party beneficiaries to this Agreement. 51. The Contractor is an independent Contractor and not an agent, representative, or employee of the Owner. The Owner shall have no liability except as specifically provided in this Agreement. 52. All insurance shall be primary to, and not contribute with, any insurance or self - insurance maintained by the Owner. 53. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that the Contractor has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 18 54. The Contractor shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 55. The Contractor hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the Contractor, or any interest in property that the Contractor may have. The Contractor further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the Owner. Violation of this Section shall be considered as justification for immediate termination of this Agreement. 56. The Contractor shall ensure that all taxes due from the Contractor are paid in a timely and complete manner including, but not limited to, occupational license tax. 57. If the Owner determines that any employee or representative of the Contractor is not satisfactorily performing his /her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the Owner shall so notify the Contractor, in writing. The Contractor shall immediately remove such employee or representative of the Contractor from such assignment. 58. The Contractor shall not publish any documents or release information regarding this Agreement to the media without prior approval of the Owner. 59. The Contractor shall certify, upon request by the Owner, that the Contractor maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination. 60. If the Contractor or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the Owner. The Contractor shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the Owner. 61. The Owner reserves the right to unilaterally terminate this Agreement if the Contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 919, Florida Statutes, and other applicable law, and made or received by the Contractor in conjunction, in any way, with this Agreement. 62. The Contractor shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 63. The Owner will not intentionally award publicly- funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) 19 Section 274A(e) of the Immigration and Nationally Act (INA). The Owner shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the Owner. 64. The Contractor agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and /or services provided to the Owner. The Contractor agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 65. The Contractor shall ensure that all goods and /or services are provided to the Owner after the Contractor has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents. 66. If applicable, in accordance with Section 216.347, Florida Statutes, the Contractor shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 67. The Contractor shall advise the Owner in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 68. The Contractor shall not engage in any action that would create a conflict of interest in the performance of that actions of any Owner employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 69. The Contractor shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 70. The Contractor shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and /or services under this Agreement and date of final payment for said goods and /or services, or date of termination of this Agreement. 71. The Owner may perform, or cause to have performed, an audit of the records of the Contractor before or after final payment to support final payment under any Purchase /Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Contractor and the Owner subsequent to the close of the final fiscal period in which goods and /or services are provided or performed. Total compensation to the Contractor may be determined subsequent to an audit as provided for in this Section, and the total 20 compensation so determined shall be used to calculate final payment to the Contractor. Conduct of this audit shall not delay final payment as required by this Section. 72. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and /or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to goods and /or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 73. In the event of any audit or inspection conducted reveals any overpayment by the Owner under the terms of the Agreement, the Contractor shall refund such overpayment to the Owner within thirty (30) days of notice by the Owner of the request for the refund. 74. The Contractor agrees to fully comply with all State laws relating to public records. 75. The Contractor agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 76. The Contractor shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written Owner approval. When approved by the Owner, written notice of such assignment or transfer shall be furnished promptly to the Owner. 77. Any Contractor proposed Subcontractors shall be submitted to the Owner for written approval prior to the Contractor entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 78. The Contractor shall coordinate the provision of goods and /or services and work product of any Owner approved Subcontractors, and remain fully responsible for such goods and /or services and work under the terms of this Agreement. 79. Any subcontract shall be in writing and shall incorporate this Agreement and require the Subcontractor to assume performance of the Contractor's duties commensurately with the Contractor's duties to the Owner under this Agreement, it being understood that nothing herein shall in any way relieve the Contractor from any of its duties under this Agreement. The Contractor shall provide the Owner with executed copies of all subcontracts. 21 80. The Contractor shall reasonably cooperate at all times with the Owner and other Owner Contractors, the Engineer and other professionals. 81. This Agreement is to be governed by the laws of the State of Florida. 82. The venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 83. This Agreement is the result of bona fide arms length negotiations between the Owner and the Contractor and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 84. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 85. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the Owner and the Contractor and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 86. This Agreement may only be amended, supplemented or modified by a formal written amendment. 87. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 88. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The Contractor agrees not to claim any waiver by Owner of such notice requirements based upon Owner having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of the Contractor to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 22 89. The failure of the Owner to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the Owner hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 90. In no event shall any obligation of the Owner under this Agreement be or constitute a general obligation or indebtedness of the Owner, a pledge of the ad valorem taxing power of the Owner or a general obligation or indebtedness of the Owner within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 91. The Contractor shall not have the right to compel the exercise of the ad valorem taxing power of the Owner. 92. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 93. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 94. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 95. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 96. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the Owner prior to filing suit or otherwise pursuing legal remedies. 97. The Contractor agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the Owner in alternative dispute resolution procedures or which the Contractor had knowledge and failed to present during the Owner procedures. 23 98. In the event that Owner procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise "best efforts" to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 99. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. 100. The Contractor shall ensure that all subcontractors, including all lower tier subcontractors and labor staffing agencies, abide by all wage and reporting requirements. 1.10 SIGNATORIES IN WITNESS WHEREOF, the Owner and Contractor have executed, or caused to be executed by their duly authorized officials, this Agreement in triplicate, each of which shall be deemed an original on the date first above written. This Agreement will be effective on re1"1111: c7 City of Sanford, Florida 300 North Park Avenue Sanford, FL 32771 Authorized Sig Name (typed) March 16 24 , 2015. CONTRACTOR Vogel Bros. Buildinq Co. 2720 Drane Field Road Lakeland, FL 33811 uthorized Signature Peter C. Vogel Name (typed) aLrAA44 Title 2.--- Date (SEAL) Attest:`X Name: �`/ "-- (Typed) Title: � C.t...& 25 President Title Date •,, O Rq ,�'' to (SEAL) ON W� Attest:G('- Name: RoJeane Anderson (Typed) Title: Secretary CGC1509018 License No.: Sanford North WRF: BNR Improvements - Project Manua/ 00645 -1 Name of Project: Sanford North WRF: Biological Nutrient Removal Improvements CInRT9�; City of Sanford 300 N. Park Avenue Sanford, Florida 32771 ENGINEER: CPH, Inc. 500 West Fulton Street Sanford, Florida 32771 The following insurance requirements are required to be met, in addition to requirements defined in Section 00700, "General Conditions ", and Section 00800, "Supplementary Conditions ". Any conflict between the requirements contained in this Section and any other Section, it is hereby noted that the requirements of this Section as amended shall prevail. 1. The successful Bidder will be required to provide, to the Owner's Purchasing Manager and the Engineer, prior to commencing any work, a Certificate of Insurance which verifies coverage in compliance with the requirements outlined herein. Any work initiated without completion of this requirement shall be "unauthorized" and the Owner will not be responsible. The successful Bidder shall also submit the Insurance Endorsement Form presented in Section 00650 of the Project Specifications. 2. The Owner reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the Project, conditions and exposure. 3. The insurance limits indicated below and otherwise referenced are "minimum" limits acceptable to the Owner. Also, all Contractor policies shall to be considered primary to Owner coverage and shall not contain co- insurance provisions. 4. All policies are to be endorsed to include the Owner, the Engineer and their consultants, and each of their officers, agents and employees as Additional Insured, except for professional liability policies and workers compensation policies. December 13, 2014 Insurance Requirements Sanford North WRF. BNR Improvements - Project Manual 00 645 -2 5. Professional Liability Coverage, when applicable, will be defined on a case by case basis. 6. Builder's Risk ("All Risk ") insurance is required for all projects that include above grade construction, installation of structures, pipeline installation, and forall projectswhere the Contractor proposes to be paid for stored material. 7. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued thirty (30) days prior to said expiration date. 8. All limits are per occurrence and must include Bodily Injury and Property Damage. 9. All policies must be written on occurrence form, not on claims made form, except for Professional Liability. 10. Self insured retentions shall not be allowed on any liability coverage. 11. In the notification of cancellation: The Owner and the Engineershall be endorsed onto the policy as a cancellation notice recipient. Should any of the above described policies be cancelled before the expiration date thereof, notice shall be delivered to the Owner in accordance with the policy provisions. 12. All insurers must have an A.M. Best rating of at least A -VII. 13. It is the responsibility of the Contractor to ensure that all Subcontractors retained by the Prime Contractorshall provide coverage as defined herein before and after and are the responsibility of said Prime Contractor in all respects. 14. Any changes to the coverage requirements indicated above shall be approved by the Owner's Sanford Risk Manager. 15. Address of "Certificate Holder" and the Additional Insured Engineer are: City of Sanford, Florida CPH, Inc. Attention: Purchasing Manager Attention: Benjamin M. Fries, Vice - President 300 N. Park Avenue, Sanford, FL 32771 500 West Fulton Street, Sanford, FL 32771 Phone: (407) 688 -5028 Phone: (407) 322 -6841 Fax: (407) 688 -5021 Fax: (407) 330 -0639 16. All certificates of insurance, notices, etc. must be provided to the above addresses. December 13, 2014 Insurance Requirements Sanford North WRF. BNR Improvements - Project Manual 00645 -3 17. The insurance requirements for this project are as follows: Worker's Compensation Employer's Liability: $1,000,000 Certificates of exemption are not acceptable in lieu of workers Each Accident: $1,000,000 compensation insurance Disease: $1,000,000 Commercial General Liability The coverage shall include bodily injury liability, Property Damage Per Occurrence: $3,000,000 liability; Personal Injury liability and Advertising injury liability Coverages shall include: Premises /Operations; Products /Completed General Aggregate: $3,000,000 Operations; Contractual liability; Independent Contractors, Explosion; Collapse; Underground Comprehensive Auto Liability, CSL Combined Single Limit: $1,000,000 Shall include "Any Auto" or shall include all of the following: owned, General Aggregate: $1,000,000 leased, hired, non -owned autos, and scheduled autos. Builder's Risk (All Risk for construction cost of Project) The coverage shall include theft, sinkholes, off -site storage, transit, installation and equipment breakdown. Permission to occupy shall be 100% of the completed value of the project included and the policy shall be endorsed to cover the interest of all parties, including the Owner, the Engineer, all contractors and subcontractors, their consultants, agents, representative and employees 18. Certification A. It is noted that the Owner has a contractual relationship with the named Contractor, applicable to a purchase order, work order, contract or other form of commitment by the Owner, whether in writing or not and has no such contractual relationship with the Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance coverage specified by the Owner to meet all contractual obligations and expectations of the Owner. Further, as the Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the Owner will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the Owner harmless. It is understood that the Contractor may satisfy relief to the Owner for such damages either directly or through its insurance coverage; exclusions by the insurance carrier notwithstanding, the Owner will expect relief from the Contractor. December 13, 2014 Insurance Requirements Sanford North WRF: BNR Improvements - Project Manual 00645 -4 B. The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certifications) stated herein before and after and further agrees to maintain and provide the designated coverage during the life of the identified document. Also, when the coverage requirements stated herein before and after are specifically referenced by applicable solicitation, purchase order or contract document, those terms, conditions and coverage requirements are incorporated into that document as if fully set forth in verbatim. Certified by: Vogel Bros. Building Co. Name of Contractor 2720 Drane Field Rd. Address Signature Peter C. Vogel, President Printed Name and Title Lakeland City END OF SECTION FL 33811 State Zip Code December 13, 2014 Insurance Requirements Sanford North WRF. BNR Improvements - Protect Manual 00650 -1 SECTION s ENDORSEMENT INSURANCE Name of Project: Sanford North WRF Biological Nutrient Removal Improvements OWNER: ENGINEER: City of Sanford 300 N. Park Avenue Sanford, Florida 32771 CPH, Inc. 540 West Fulton Street Sanford, Florida 32771 THIS IS TO CERTIFY that the numbered policies identified by the attached Certificates of Insurance have been issued by the below- stated company in conformance with the limits and requirements asset forth in the Insurance Requirements, General Conditions and Supplementary Conditions. The insurance company will give at least thirty (30) days' written notice by registered mail to the Owner and the Engineer prior to any material change or cancellation of said policy or policies. ATTACH CERTIFICATES OF INSURANCEAND INDICATE TYPE OF INSURANCE, POLICY NUMBER, EFFECTIVE DATE, EXPIRATION DATE, AND LIMITS OF INSURANCE. THE CERTIFICATES OFINSURANCEARE TO INDICATE THE NAMED INSURED, AND ARE TO IDENTIFY THE OWNER, ENGINEER AND OTHER PARTIES IDENTIFIED IN THE SUPPLEMENTARY CONDITIONS AS ADDITIONAL NAMED INSURED. THE OWNER AND ENGINEER ARE TO BE NAMED AS CERTIFICATE HOLDERS. ENDORSEMENT The Owner, the Owner's Representative, the Engineer, Architect, and their consultants, and each of their officers, agents, and employees are included as additionally named insured under said policies but only while acting in their capacity as such and only as respects operations of the originally named insured, his subcontractors, agents, and employees in the performance of the above - referenced contract. December 13, 2014 Insurance Endorsement Form Sanford North V.IRF. BNR improvements - PM*ect Manual 00650-2 This endorsement shall not operate to increase the insurance company's total limit of liability hereunder. The insurance company hereby waives its rights of subrogation against the additionally named insured. Vogel Bros. Building Co. Named Insured Amerisure Mutual Insurance Company insurance Company 16805 W. Cleveland Avenue, New Berlin, WI 53151 Street & Number City State Zip By 01 Z —A korized R presentativ6 (Signature and Printed Name) (Attach Acknowledgment) (Make additional copies of this form if more than one insurance company provides Contract required insurance) END OF SECTION December 13, 2014 insurance Endorsement Form ACKNOWLEDGMENT State of Wisconsin County of Waukesha I, Barabara Marschke Notary Public of Waukesha County, in the State of Wisconsin, do hereby certify that Brian Krimpelbein of Amerisure Mutual 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 deliver said instrument, for and on behalf of Amerisure Mutual Insurance Company for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of New Berlin in said County, this 2nd day of March, 201 S. Notary Public B bara M sch4 My Commission Expire's (If- l ® A� ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDIYYYY) 2!27/2015 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 HNI Risk Services PO Box 510187 CONTACI NAME: PHONE EXt : 262 - 782 -3940 (AIC, No): 262 - 782 -4198 E aiAlo ADDRESS: CertS hni.com INSURER(S) AFFORDING COVERAGE NAIC It New Berlin WI 53151 INSURER A: Amerisure Mutual Ins. Company EACH OCCURRENCE INSURED Vogel Bros. Building CO. INSURER B: X COMMERCIAL GENERAL LIABILITY INSURER C: Y CPP 2087276 INSURER D: 5/1115 2720 Drane Field Road INSURER E: MED EXP (Any one person) ' INSURER F: CLAIMS -MADE a OCCUR Lakeland FL 33811 rnVI:PAr.I:S CERTIFICATE NUMBER: KEVISIUN NUMBER: 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 INSR WVD POLICY NUMBER OLICY MMIDDlYYYYj MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY Y Y CPP 2087276 5/1/14 5/1115 PREMISES (Ea occurrence) $300,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE a OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY X PRO_ LOC A AUTOMOBILE LIABILITY X ANY AUTO Y Y CA 2087268 5/1/14 /1/15 COMBINED SINGLE LIMI I (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOS AO OWNED I$ (Per accident) A X UMBRELLA LIAB X OCCUR CU 2087278 5/1/14 5/1/15 EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 15,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? a (Mandatory in NH) N/A Y WC 2087279 5/1/14 5/1/15 X I TORY LIMITS ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 If yes, describe under nrqr.P1PT10N A Leased /Rented Equipment CPP 2087276 5/1/14 5/1/15 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Vogel Project 1259 - Sanford North WRF:BNR Improvements IFB 14/15 -03 City of Sanford, CPH Engineers, Inc., and each of their officers, agents and employees are included as additional insureds on the General Liability & Auto Liability with respect to liability work performed by the named insured. A Waiver of Subrogation is included on the General Liability, Auto Liability MOT 1-1 1z Lei gP19LiIL• , City of Sanford SHOULD ANY, OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Purchasing Manager ACCORDANCE WITH THE POLICY PROVISIONS. 300 North Park Avenue AUTHORIZED REPRESENTATIVE Sanford FL 32771 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD HOLDER NAME: City of Sanford PAGE 2 INSURED'S NAME: Vogel Bros. Building Co. DATE: 2/27/2015 and Workers' Compensation. Umbrella Follows form. s � � February 26, 2015 City of Sanford 300 North Park Avenue Sanford, FL 32771 Brian O'Neill Account Executive Officer Travelers Bond &Financial Products Construction Services, Brookfield, WI 262- 825 -9066 262- 617 -1643 (cell) 13935 Bishops Drive, Suite 360 Brookfield, Wl 53005 RE: Bond 106206444 Obligee: City of Sanford Project: City of Sanford North WRF: BNR Improvements Contract Price: $12,117,000 Travelers Casualty and Surety Company of America hereby authorizes the City of Sanford Administrator or their designee to date the Public Construction Bond and Payment Bond the same date as the contract approval date provided that the bonds and contracts will be executed within the next 60 calendar days. We ask that copies of the dated bonds be sent to us for our records upon execution. Sincerely, F � L Brian O'Neill, Account Executive Officer Travelers Casualty and Surety Company of America (A.M. Best Rating A++ XV) Travelers Casualty and Surety Company (A.M. Best Rating A+ XV) cc: Mary Spurlin, Vogel Bros. Building Co., Inc. Brad Babcock, Babcock Solutions, LLC b M CD Bond 106206444 14 co CL Sanford North WRF: BNR Improvements - Project Manua/ 00610 -1 Cr `C b s✓ H t� SECTION 00610 d PERFORMANCE BOND FORM `• 0 0 KNOW ALL MEN BY THESE PRESENTS: That we (1) Vogel Bros. Building Co. o 2720 Drane Field Rd., Lakeland, FL 33811 a (2) Corporation organized under the laws of the State of Wisconsin ly and regularly authorized to do business in the State of Florida as the Principal, hereinafter called the Contractor, and (3) Travelers Casualty and Surety Company of America n One Tower Square, Hartford, CT 06183 a (2) Corporation organized under the laws of the State of Connecticut and regularly authorized to do d business in the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound CD unto the City of Sanford, Florida, hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the full and just sum of (4) Thirteen Million Three Hundred Twenty - Eight? Thousand Seven Hundred Dollars ($ $13,328,700 ) in lawful money of the United States, for the payment of which sum well and truly to be made unto °, the said Owner, we, the Contractor and Surety, bind ourselves, successors, heirs, executors, administrators and assignees, jointly and severally, firmly by these presents.+, 0 THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor has entered into a. a written Agreement (including all associated Contract Documents relateq there a and as the °o Agreement may be amended from time -to -time) with the Owner dated z 2015 for the work designated as the Sanford North WRF: Biological Nutrient hemoval ; d Improvements located in Sanford, Florida, in conformity with Contract Documents hereby referred 1 to and made a part hereof, the same to all intents and purposes as if written at length herein, in which Contract the said Contractor has contracted to perform the work specified in said Contract in accordance with the terms thereof; The Sanford North WRF: Biological Nutrient Removal Improvements Project is "briefly" c� described as follows: 0 • Integrated Fixed -Film Activated Sludge Process (IFAS) BNR Treatment System consisting of primary anoxic basins, aerobic basins, deoxygenation basins, secondary anoxic basins, reaeration basins, handrails, kick - plate, walkways and associated equipment. • Turbo blowers, piping and diffusers. • Submersible mixers. • Grit Removal System modifications. CD (1) Contractor Name and Address W (2) Sole Proprietor, Partnership, or Corporation p� (3) Surety Name and Address (4) 110 percent of the Contract December 13, 2014 Performance Bond Form Sanford North WRF: BNR Improvements - Project Manual 00690 -2 • RAS/WAS pumping system improvements. • Chemical feed system modifications. • Blower Facility Building and associated equipment, piping, and appurtenances. • Electrical Building No. 1 and associated equipment, piping, and appurtenances. • BNR Chemical Feed Facility Building and associated equipment, piping, and appurtenances. • Electrical, controls and instrumentation system improvements. • SCADA System modifications. • Stormwater management system improvements. • Miscellaneous appurtenances and ancillaries. • Site work, yard piping and plant internal roadway improvements, signage, sodding, etc. This Performance Bond is being entered into, at a minimum, to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as Contractor is bound. NOW, THEREFORE, the condition of this obligation is such that if the Contractor: 1. Promptly and faithfully performs it duties with respect to the Contract on his (its) part, and satisfies all covenants, terms, conditions and agreements incurred by the Contractor in the performance of said Agreement Contract, during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and shall satisfy all claims and demands arising thereunder; and 2. Satisfy all claims and demands incurred under this Agreement, and fully indemnifies and hold harmless the Owner and Engineer from all costs and damages that they might suffer by reason of the failure of the Contractor to do so; and 3. Fully reimburse and repay to the Owner all costs, losses, damages (liquidated or actual), expenses, costs and attorney's feeds, including costs and attorney's fees on appeal that the Owner sustains resulting directly or indirectly from any breach or default by the Contractor, including any default based upon failure of the Contractor, to fulfill his obligation to furnish maintenance, repairs, or replacements for any period of time after the work is completed, if provided for in said Contract, then this bond /obligation shall be null and void, otherwise it shall remain in full force and effect. IN ADDITION, the Contractor and Surety, jointly and severally, expressly guarantee that all materials furnished and workmanship performed under the Contract and in the construction of the work shall fulfill all requirements of the Contract and the Contract Documents with respect to them. This bond shall remain in effect for a period of two (2) years from the date of Final Project Acceptance by the Owner. December 93, 2014 Performance Bond Form Sanford North WRR BNR Improvements - Aroject Manual 00610-3 IT IS HEREBY STIPULATED AND AGREED that anysuit based upon anydefaultof the Contractor in fulfilling his obligations tm furnish maintenance, repairs, mr replacements for any period oftime after the Work is completed, if provided for in the Contract, may be brought at any time upbosix (6) months after the expiration of the time specified in the Contract during which the Contractor has agreed to furnish such maintenance or make such repairs or replacements. THE SAID SURETY, forvalue received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its remedies against the Contractor, shall remain in full force and effect notwithstanding: 1' Amendments or modifications tothe Agreement entered into bv Owner and Contractor without the Surety's knowledge or consent; 2' Waivers of compliance with or any default under the Agreement granted by Owner to Contractor without the Surety's knowledge or consent; or 3. The discharge of Contractor from its obligations under the Agreement aaa result ofany proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Contractor or its estate oma result of any such proceeding. THE SAID SURETY, for the value received, hereby stipulates and agrees that any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes, extension of Uma, alteration or addition to the banne of the Cmninoot or to the Work or to the Contract Documents. Further, the Contractor and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications tothe Agreement and Contract Documents. THE COVERAGE OF THIS PERFORMANCE BOND |m°oo-equa|" with each and every obligation of the Contractor under the above referenced Agreement and the Contract Documents of which the Agreement iampart. IN THE EVENT that the Contractor shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond imin effect, the Surety shall remain liable to the Owner for all such loss ordamage. IN THE EVENT that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the Owner harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, namu|UnQ directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. December 13, 2014 Performance Bond Form Sanford North WRF: BNR Improvements - Pro ject Manual 00610 -4 THE SURETY STIPULATES and agrees that its obligation is to perform the Contractor's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: 1. Surety's financing of the Contractor, under the Bond, to keep the Contractor from defaulting under the Agreement; 2. Surety's offers to the Owner to buy back the Bond; and 3. Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. THE SURETY AGREES that its obligation under the bond is to: 1. To fully take over performance of the Contractor's Work under the Agreement in a plenary manner and be the completing Surety even if performance of the Contractor's Work exceeds the Contractor's Contract Price under the Agreement; or 2. Re -bid and re -let the Contractor's Work to a completing contractor with the Surety remaining liable for the completing the Contractor's performance of the Contractor's Work and furnishing adequate funds to complete the Work in the required plenary manner. THE SURETY ACKNOWLEDGES that its cost of completion, upon default by the Contractor, may exceed the Contract Price set forth in the Agreement. In any event, the Contractor's Contract Time is of the essence and applicable delay damages are not waived by Owner. THE SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its remedies against the Contractor, shall remain in full force and effect notwithstanding: 1. Amendments or modifications to the Agreement entered into by the Owner and Contractor without the Surety's knowledge or consent; 2. Waivers of compliance with or may default under the Agreement granted by the Owner to the Contractor without the Surety's knowledge or consent; or 3. The discharge of the Contractor from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or Contractor or its estate as a result of any such proceeding. December 13, 2014 Performance Bond Form Sanford North WRF: BNR Improvements - Project Manual 00610 -5 Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Contractor and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The Contractor may have obligations to the Surety, but the failure of the Contractor to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the Owner under this Bond. THIS BOND and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the Owner shall be entitled to the totality of rights and benefits from all such documents. THIS BOND is intended to comply, at a minimum, with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, however, that the Owner shall be entitled to all such common law rights notwithstanding the language used herein. The Surety agrees that this Bond shall be construed as a common law bond when such construction will benefit the Owner. The undersigned signatories represent to the Owner that they are authorized, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the Owner is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument executed in severalf� unterpa rts, each one of which shall be deemed an original, this the _ - day of t..(,/a�L"� . 2015. ATTEST: '-)" //( Contractor's ecretary A.r:sfa..� Mary S. Spurlin Typed Name Vogel Bros. Building Co. Contractor By (Signature) Peter C. Vogel President Typed Name and Title December 13, 2014 Performance Bond Form Sanford North WRF. BNR Improvements - Project Manual 00690 -6 (CORPORATE SEAL) (Witness to �n actor) Typed Name ATTEST: By (Surety) Secretary Typed Name (CORPORATE SEAL) / Z' � vx�/ �' � � 6 � 7ne—ss as to Surety Jill Wendt Typed Name �i Wftn ss as to Surety Amy Shaver Typed Name 2720 Drane Field Rd. Address Lakeland, FL 33811 City, State, Zip 863- 646 -5078 863 -644 -5107 Telephone No. FAX No. Travelers Casualty and Surety Company of America Surety 860 - 277 -0111 860 - 277 -7002 Telephone No. FAX No. Bys Attorney -in -Fa Bradley S. Babcock Typed Name W70N455 Cedar Pointe Avenue Address Cedarburg, WI 53012 City, State, Zip 262 853 4622 262 546 0708 Telephone No. FAX No. December 93, 2094 Performance Bond Form Sanford North WRF. BNR Improvements - Project Manual 00610 -7 NOTE: The date of the Bond must not be prior to date of the Agreement. If the Contractor is a joint venture, all venturers shall execute the Bond. If the Contractor is a partnership, all partners shall execute the Bond. The Surety's obligations run as to all such parties. _ IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by Owner. ATTACH: A certified copy of the Power -of- Attorney appointing individual Attorney -in -Fact for execution of the Performance Bond on behalf of Surety. END OF SECTION December 13, 2014 Performance Bond Form THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225943 Certificate No. 005974937 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bradley S. Babcock, Becky A. Heaston, and Kimberly L. Babcock of the City of Cedarburg , State of Wisconsin , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 8th day of July 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company 2 �,ASUq� jt Jv F1AE 4'4 O� *u �XSG9 JP {•INSUg9 aJpL1V Athos e �pRPONA)'1 ? �" � % n rtcasPgoho z at ,., ctm o:;�pAPORAtfit�3 �� `3 u t 9 8 2 0 1977 �t : s a t �_ : �t a j anC> oNO• , auRrFe (A'""""JT z � � � i951 Y » � T �`• SEALio�i " `O � COntL otSSA.L.t �, o bb �� 'so Ec v`•-'- ....✓a'r v.'+., ,,. •aa s sr .�1 Y .. /' FANG tSNwH� 1S. � Ta yr • pay p {a •�)/ Attu State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 8th day of July 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �„TET In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. /DU$L,G it 58440 -8 -12 Printed in U.S.A. VN aj-�h a - tj�. Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is. FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies; which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 � Kevin E. Hughes, Assistant Sec tart' OFSUq�� NI+y�••�t��{ J�FIAE 64 oiT� �N�S(� P.( iNSf/q JptiY 4Np F'F'�3�t�Y �y� i a 1951 �! �.SEAL:o o SBiLI+i3 �' S 'Q a.. To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond 106206444 Sanford North WRF: BNR Improvements - Project Manual 00620 -1 SECTION 00620 I WJ :1 ''1 11111 11"! 11111 Ji FA 1114 0 11 r: n5E_=;9 il� M M KNOW ALL MEN BY THESE PRESENTS: That we (1) Vogel Bros. Building Co. a (2) Corporation organized under the laws of the State of Wisconsin and regularly authorized to do business in the State of Florida as Principal, and we (3)_ Travelers Casualty and Surety Company of America a (2) Coporation organized under the laws of the State of Connecticut and regularly authorized to do business in the State of Florida as Surety, are held and firmly bound unto the City of Sanford, Florida hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the full and just sum of (4) Thirteen Million Three Hundred Twenty -Eight Thousand Seven Hundred Dollars ($ $13,328,700 ) in lawful money of the United States, for the payment of which sum well and truly to be made unto the said Owner, we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents. WHEREAS, the said Contractor has entered into a written Agreement (including all associated contract documents rela there o and as the Agreement maybe amended from time - to -time) with the Owner dated _ , 2015, a copy of which may be hereto attached, but, in any event, is maint fined in the records of the Owner, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of the Sanford North WRF: Biological Nutrient Removal Improvements. The Sanford North WRF: Biological Nutrient Removal Improvements Project is "briefly" described as follows: ■ Integrated Fixed -Film Activated Sludge Process (IFAS) BNR Treatment System consisting of primary anoxic basins, aerobic basins, deoxygenation basins, secondary anoxic basins, reaeration basins, handrails, kick - plate, walkways and associated equipment. ■ Turbo blowers, piping and diffusers. ■ Submersible mixers. ■ Grit Removal System modifications. ■ RAS/WAS pumping system improvements. ■ Chemical feed system modifications. (1) Contractor (2) Sole Proprietor, Partnership or Corporation (3) Surety (4) 110 percent of the Contract December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF. BNR Improvements - Project Manua! 00620 -2 • Blower Facility Building and associated equipment, piping, and appurtenances. • Electrical Building No. 1 and associated equipment, piping, and appurtenances. • BNR Chemical Feed Facility Building and associated equipment, piping, and appurtenances. • Electrical, controls and instrumentation system improvements. • SCADA System modifications. • Stormwater management system improvements. • Miscellaneous appurtenances and ancillaries. • Site work, yard piping and plant internal roadway improvements, signage, sodding, etc. NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall promptly and faithfully satisfy all claims and demands incurred by the Contractor of said Contract, and shall pay all obligations arising thereunder, and shall fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of the failure of the Contractor to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the Owner may incur in making good any default by the Contractor, and shall promptly make payment to all persons or claimants, as defined in Section 255.05(1), Florida Statutes, supplying labor, equipment or materials for use in the prosecution of work, whether by subcontractor or otherwise, and including all insurance premiums on said work as provided for in such Contract, and shall perform the guarantee of all materials furnished under the Contract for the time specified in the Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, Florida Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the Contractor shall, before commencing to furnish labor, materials, or supplies for the prosecution of the work, or not later than forty -five (45) days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his or her labor, materials, or supplies shall deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before forty -five (45) days after the first furnishing of labor, services, or materials, and not later than ninety (90) days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than ninety (90) days after the date that the rental equipment was last on the job site available for use. Claimant shall deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies December 13, 2014 tabor and Materials Payment Bond Form Sanford North WRF. BNR Improvements - Project Manual 00620 -3 and of the nonpayment. No action for the labor, materials or supplies may be instituted against the Contractor or the Surety on the bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 4. The Said Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its remedies against the Contractor, shall remain in full force and effect notwithstanding: a. Amendments or modifications to the Agreement entered into by the Owner and Contractor without the Surety's knowledge or consent; b. Waivers of compliance with or any default under the Agreement granted by the Owner to the Contractor without the Surety's knowledge or consent; or c. The discharge of the Contractor from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Laws of the United States of America, as the same may be amended, or any similar state or Federal law, or any limitation of the liability or Contractor or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect the Surety's obligations under this Bond and the Surety hereby waives notice of any such changes. Further, the Contractor and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement. The Contractor may have obligations to the Surety, but the failure of the Contractor to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the Owner under this Bond. THE OWNER may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use and benefit. THE BOND and any other BOND or similar document, and the covered amounts of each, are separate and distinct from each other and the Owner shall be entitled to the totality of rights and benefits from all such documents. IN ADDITION, the Contractor and Surety, jointly and severally, expressly guarantee that the Owner will be held harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with respect to this Contract. This Bond shall remain in effect for a period of two (2) years from the date of Final Project Acceptance by the Owner. December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF. BNR Improvements - Project Manual 00620-4 THE SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as Contractor is bound. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrumentis executed ins eraI counterparts, each one of which shall be deemed an original, this the day of 2015. ATTEST: (Contractor),S( iry Mary S. spurlin Typed Name (CORPORATE SEAL) LA &4 i, Witness to nractor (3 D. Leigh Wagner Typed Name z8-y� .G, Witness to Contractor Bonnie L. Roberts Typed Name Vogel Bros. Building Co. (ContractoV,,/ By (Signature) Peter C. Vogel, President Typed Name and Title 2720 Drane Field Rd. Address Lakeland, FL 33811 City, State, Zip December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF. BNR Improvements - Project Manual 00620 -5 ATTEST: JIM Travelers Casualty and Surety Company of America (Surety) Secretary Surety Typed Name (CORPORATE SEAL) fitness as to Surety 860 - 277 -0111 860- 277 -7002 Telephone No. FAX No. Attorney- in -Fa` Jill Wendt Bradley S. Babcock Typed Name Typed Name W70N455 Cedar Pointe Avenue Witne • as 16 —Surety Address Amy Shaver Cedarburg, WI 53012 Typed Name City, State, Zip 262 853 4622 262 546 0708 Telephone No. FAX No. NOTE: The date of the Bond must not be prior to date of the Agreement. If the Contractor is a joint venture, all venturers shall execute the Bond. If the Contractor is partnership, all partners shall execute the Bond. The Surety's obligations run as to all such parties. December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRR BNR Improvements - Project Manual 00620-6 IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by Owner. ATTACH: A certified copy of the Power-of-Attorney appointing individual Attorney-in-Fact for execution of the Payment Bond on behalf of Surety. END OF SECTION December 13, 2094 Labor and Materials Payment Bond Form THIS POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225943 Certificate No. 005974938 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bradley S. Babcock, Becky A. Heaston, and Kimberly L. Babcock of the City of Cedarburg; , State of Wisconsin , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their, business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2014 8th Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company CASU,�< yftRE 6 *W...INSG``x_ ,}tY ANO 3W ��YY'L_ 't 01{IITL C yI QO: .9 Jµ,- ......... 9,t, 9J OG �IYR try, A1YY• "VJ 4;' •. �, t• y 'a � 3 Fi o q f��f7 NCatPORAtEO �, �i ^�eh wr�pPPORgTf:�„ ° a � '�� E$Lio �5 • da 6 Je State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 8th day of July 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. eoo* In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity, and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies ,'which, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of rat-[ J ` 20 a� Kevin E. Hughes, Assistant Sec tary pA5tlq� b� V FiRL „ TRW, ik,SG { iN54q Jp�SY M'O !YD YY"YM'0 t bid � F� .i � 'iL EG oS....... ✓a'tf o. \, � br � xeNe �A� !s -.� •`r� `bf � pt '� AN't To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF D111 TO: Vogel Bros. Building Co. 2720 Drane Field Road Lakeland, FL 33811 DATE: April 6, 2015 PROJECT: IF$ 14/15 -03 SANFORD NORTH WRF: BIOLOGICAL NUTRIENT REMOVAL IMPROVEMENTS w w • � w • The Project generally consists of, but is not limited to, the following elements at the Sanford North WRF: consisting of primary anoxic basins, aerobic basins, deoxygenation basins, secondary anoxic basins, reaeration basins and equipment; turbo blowers, piping and diffusers; submersible mixers; Grit Removal System modifications; RAS /WAS pumping modifications; chemical feed system modifications; "new" Blower Facility, Electrical and BNR Chemical Feed Facility Buildings; electrical, controls and instrumentation improvements; SCADA system improvements; stormwater management system improvements; miscellaneous appurtenances and ancillaries; and various other site improvements. The Owner has considered the Bid submitted by you, dated January 93, 2095 for the above - described Work, in response to the Advertisement for Bids and Instructions to Bidders. You are hereby notified that you are the apparent "Successful Bidder" on the Project referenced above. The Contract Price of your contract for this work is Twelve Million One Hundred Seventeen Thousand Dollars ($12,117,000). One (1) PDF of each of the following Contract documents accompany this Notice of Award (NOA): • Agreement between the Owner and Contractor (previously transmitted) • Performance Bond • Labor and Materials Payment Bond • Material and Workmanship Bond • Insurance Endorsement Form Upon compliance with the conditions precedent to be fulfilled by you, within ten (10) calendar days of this Notice of Award (NOA), that is by April 16, 2015, the Agreement will be executed by the City of Sanford, Florida and delivered to you. Please take the following actions: 1. You must deliver to the Engineer three (3) fully executed and sealed counterparts of the Agreement. 2. You must deliver with the executed Agreements three (3) completed original documents with original signatures on the Performance Bond and tabor and Materials Payment Bond in the form specified in the Contract Documents. 3. You must provide, in writing, the correct name, address, phone and FAX numbers, contact name and a -mail address of the Suretythat is providing the Labor and Materials Payment and Performance Bonds and the correct name and address of the Surety's resident agent for service of process in Florida. 4. You must deliver with the executed Agreements three (3) completed, with original signatures, Certificates and Insurance Endorsements in the form specified in the Contract Documents. Failure to comply with these conditions within ten (10) calendar days from the date of this Notice of Award (NOA), will entitle the Owner to consider your Bid abandoned, to annul this Notice of Award, to declare your Bid Security forfeited, and to such other rights as may be granted by law. All of these above referenced materials, documents, etc. shall be delivered, by Certified Mail, with Return Receipt Requested, to: CPH, Inc. 500 West Fulton Street Sanford, FL 32771 Attention: Benjamin M. Fries Vice - President Within ten (10) calendar days after you comply with these conditions, the Owner will return to you one (1) fully signed counterpart of the Agreement with the Contract Documents attached (PDF's) and the Notice to Proceed (NTP). You are required to return an acknowledged copy of this Notice of Award (NOA) to the Engineer and the Owner. Dated this 6 n day of April , 2015. City of Sanford, Florida LM Title: Deputy City Manager ACCEPTANCE OF NOTICE OF AWARD (NOA) Receipt and acceptance of the above NOTICE OF AWARD (NOA) for the Sanford North WRF. Biological Nutrient Removal Improvements, in Sanford, Florida is hereby acknowledged. Contractor: Vogel Bros. Building Co. Address: 2720 Drane Field Road Lakeland, FL 33811 Authorized Signature: Printed Name: Title: Vice President of Q3perations, Date: April 8, 2015 TO DATE: NOTICE TO PROCEED FORM Vogel Bros. Building Company 2720 Drane Field Road Lakeland, FL 33811 March 23, 2015 PROJECT: Sanford North WRF: Biological Nutrient Removal Improvements You are hereby notified to commence Work in accordance with the Agreement dated March 23, 2015 and you are to "substantially complete" the Work within four hundred fifty (450) consecutive calendar days and "finally complete" the Work within four hundred eighty (480) consecutive calendar days unless the period for completion is extended otherwise by the Contract Documents. The "substantial completion" of the Work shall be completed by Jwae -f°5, 2016. The "final completion" of the Work shall be completed by July,�5; 2016. r Attached are the following: ILK- Notice of Award • Executed Agreement • Bonds • Certificates of Insurance The technical specifications have been previously provided to you in a PDF format. enlr CITY OF SANFORD, FLORIDA 0 Name: Title: mayor ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED (NTP) IS HEREBY ACKNOWLEDGED. Contractor: Vogel Bros. Building Go. Address: 2720 Drane Field Rd. Authorized Signature: Lakeland, FL 33811 lliam M. Bockhin Title: Vice President of Operations Date: April 8, 2015 fY W 0 h— c� L M 5 L4- 17% -1 ft r;}} L . f W .., +i) C0 W a.1. W� On G -Y) 0 W C) E W U— {._l LY_' Bond 106206444 Sanford North WRF: BNR Improvements - Project Manual 00610 -1 • • I • KNOW ALL MEN BY THESE PRESENTS: That we (1) Vogel Bros. Building Co. 2720 Drane Field Rd., Lakeland, FL 33811 a (2) Corporation organized under the laws of the State of Wisconsin and regularly authorized to do business in the State of Florida as the Principal, hereinafter called the Contractor, and (3) Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 a (2) Corporation organized under the laws of the State of Connecticut and regularly authorized to do business in the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Sanford, Florida, hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the full and just sum of (4) Thirteen Million Three Hundred Twenty -Eight Thousand Seven Hundred Dollars ($ $13,328,700 ) in lawful money of the United States, for the payment of which sum well and truly to be made unto the said Owner, we, the Contractor and Surety, bind ourselves, successors, heirs, executors, administrators and assignees, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor has entered into a written Agreement (including all associated Contract Documents related thereto and as the Agreement may be amended from time -to -time) with the Owner datedt -- 2015 for the work designated as the Sanford North WRF: Biological Nutrient eR moval Improvements located in Sanford, Florida, in conformity with Contract Documents hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which Contract the said Contractor has contracted to perform the work specified in said Contract in accordance with the terms thereof; The Sanford North WRF: Biological Nutrient Removal Improvements Project is "briefly" described as follows: • Integrated Fixed -Film Activated Sludge Process (IFAS) BNR Treatment System consisting of primary anoxic basins, aerobic basins, deoxygenation basins, secondary anoxic basins, reaeration basins, handrails, kick - plate, walkways and associated equipment. • Turbo blowers, piping and diffusers. • Submersible mixers. • Grit Removal System modifications. (1) Contractor Name and Address (2) Sole Proprietor, Partnership, or Corporation (3) Surety Name and Address (4) 110 percent of the Contract December 13, 2014 Performance Bond Form b c� c� 0 ci+ w N �l c� N w CN Sanford North WRF: BNR Improvements - Project Manual 00610 -2 • RAS/WAS pumping system improvements. • Chemical feed system modifications. • Blower Facility Building and associated equipment, piping, and appurtenances. • Electrical Building No. 1 and associated equipment, piping, and appurtenances. • BNR Chemical Feed Facility Building and associated equipment, piping, and appurtenances. • Electrical, controls and instrumentation system improvements. • SCADA System modifications. • Stormwater management system improvements. • Miscellaneous appurtenances and ancillaries. • Site work, yard piping and plant internal roadway improvements, signage, sodding, etc. This Performance Bond is being entered into, at a minimum, to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as Contractor is bound. NOW, THEREFORE, the condition of this obligation is such that if the Contractor: 1. Promptly and faithfully performs it duties with respect to the Contract on his (its) part, and satisfies all covenants, terms, conditions and agreements incurred by the Contractor in the performance of said Agreement Contract, during the original term thereof, and any extensions thereof which may be granted by the Owner, with orwithout notice to the Surety, and shall satisfy all claims and demands arising thereunder; and 2. Satisfy all claims and demands incurred under this Agreement, and fully indemnifies and hold harmless the Owner and Engineer from all costs and damages that they might suffer by reason of the failure of the Contractor to do so; and 3. Fully reimburse and repay to the Owner all costs, losses, damages (liquidated or actual), expenses, costs and attorney's feeds, including costs and attorney's fees on appeal that the Owner sustains resulting directly or indirectly from any breach or default by the Contractor, including any default based upon failure of the Contractor, to fulfill his obligation to furnish maintenance, repairs, or replacements for any period of time after the work is completed, if provided for in said Contract, then this bond /obligation shall be null and void, otherwise it shall remain in full force and effect. IN ADDITION, the Contractor and Surety, jointly and severally, expressly guarantee that all materials furnished and workmanship performed under the Contract and in the construction of the work shall fulfill all requirements of the Contract and the Contract Documents with respect to them. This bond shall remain in effect for a period of two (2) years from the date of Final Project Acceptance by the Owner. December 13, 2014 Performance Bond Form Sanford North WRF. BNR Improvements - Project Manual 00610 -3 IT IS HEREBY STIPULATED AND AGREED that any suit based upon any default of the Contractor in fulfilling his obligations to furnish maintenance, repairs, or replacements for any period of time after the Work is completed, if provided for in the Contract, may be brought at any time up to six (6) months after the expiration of the time specified in the Contract during which the Contractor has agreed to furnish such maintenance or make such repairs or replacements. THE SAID SURETY, forvalue received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its remedies against the Contractor, shall remain in full force and effect notwithstanding: 1. Amendments or modifications to the Agreement entered into by Owner and Contractor without the Surety's knowledge or consent; 2. Waivers of compliance with or any default under the Agreement granted by Owner to Contractor without the Surety's knowledge or consent; or 3. The discharge of Contractor from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Contractor or its estate as a result of any such proceeding. THE SAID SURETY, for the value received, hereby stipulates and agrees that any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. Further, the Contractor and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. THE COVERAGE OF THIS PERFORMANCE BOND is "co- equal" with each and every obligation of the Contractor under the above referenced Agreement and the Contract Documents of which the Agreement is a part. IN THE EVENT that the Contractor shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the Owner for all such loss or damage. IN THE EVENT that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the Owner harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. December 13, 2014 Performance Bond Form Sanford North WRF: BNR Improvements - Project Manual 00610 -4 THE SURETY STIPULATES and agrees that its obligation is to perform the Contractor's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: 1. Surety's financing of the Contractor, under the Bond, to keep the Contractor from defaulting under the Agreement; 2. Surety's offers to the Owner to buy back the Bond; and 3. Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. THE SURETY AGREES that its obligation under the bond is to: 1. To fully takeover performance of the Contractor's Work under the Agreement in a plenary manner and be the completing Surety even if performance of the Contractor's Work exceeds the Contractor's Contract Price under the Agreement; or 2. Re -bid and re -let the Contractor's Work to a completing contractor with the Surety remaining liable for the completing the Contractor's performance of the Contractor's Work and furnishing adequate funds to complete the Work in the required plenary manner. THE SURETY ACKNOWLEDGES that its cost of completion, upon default by the Contractor, may exceed the Contract Price set forth in the Agreement. In any event, the Contractor's Contract Time is of the essence and applicable delay damages are not waived by Owner. THE SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its remedies against the Contractor, shall remain in full force and effect notwithstanding: 1. Amendments or modifications to the Agreement entered into by the Owner and Contractor without the Surety's knowledge or consent; 2. Waivers of compliance with or may default under the Agreement granted by the Owner to the Contractor without the Surety's knowledge or consent; or 3. The discharge of the Contractor from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or Contractor or its estate as a result of any such proceeding. December 13, 2014 Performance Bond Form Sanford North WRF: BNR Improvements - Project Manual 00610 -5 Any changes in or under the Agreement and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Contractor and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The Contractor may have obligations to the Surety, but the failure of the Contractor to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the Owner under this Bond. THIS BOND and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the Owner shall be entitled to the totality of rights and benefits from all such documents. THIS BOND is intended to comply, at a minimum, with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute; provided, however, that the Owner shall be entitled to all such common law rights notwithstanding the language used herein. The Surety agrees that this Bond shall be construed as a common law bond when such construction will benefit the Owner. The undersigned signatories represent to the Owner that they are authorized, permitted and empowered to execute this document and bind the entity or person for which they are executing this document and recognize that the Owner is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument i executed in several unterparts, each one of which shall be deemed an original, this the C- day of , 2015. ATTEST: Contractor's ecretary Mary S. Staurlin Typed Name Vogel Bros. Building Co. Contractor By (Signature) Peter C. Vogel President Typed Name and Title December 13, 2014 Performance Bond Form Sanford North WRF: BNR Improvements - Project Manual 00610 -6 2720 Drane Field Rd. ATTEST: B Y Travelers Casualty and Surety Company of America (Surety) Secretary Typed Name (CORPORATE SEAL) Hess as to Surety Jill Wendt Typed Name � _-"--. W to ss as to Surety Amy Shaver Typed Name Surety 860 - 277 -0111 Telephone No. 860 - 277 -7002 FAX No "'k— ". P. By I > Attorney -in -Fa Bradley S. Babcock ° Typed Name W70N455 Cedar Pointe Avenue Address Cedarburg, WI 53012 City, State, Zip 262 853 4622 262 546 0708 Telephone No. FAX No. December 13, 2014 Performance Bond Form Address Lakeland, FL 33811 City, State, Zip ss, ., �► a �1i "RG i n �-- tor) 863- 646 -5078 863- 644 -5107 +�c Telephone No. FAX No. ff r 8 ` A�ame ,, p ;f f� ATTEST: B Y Travelers Casualty and Surety Company of America (Surety) Secretary Typed Name (CORPORATE SEAL) Hess as to Surety Jill Wendt Typed Name � _-"--. W to ss as to Surety Amy Shaver Typed Name Surety 860 - 277 -0111 Telephone No. 860 - 277 -7002 FAX No "'k— ". P. By I > Attorney -in -Fa Bradley S. Babcock ° Typed Name W70N455 Cedar Pointe Avenue Address Cedarburg, WI 53012 City, State, Zip 262 853 4622 262 546 0708 Telephone No. FAX No. December 13, 2014 Performance Bond Form Sanford North WRR BAIR Improvements - Project Manual 00610-7 NOTE: The date of the Bond must not be prior to date of the Agreement. If the Contractor is a joint venture, all venturers shall execute the Bond. If the Contractor is a partnership, all partners shall execute the Bond. The Surety's obligations run as to all such parties. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by Owner. ATTACH: A certified copy of the Power-of-Attorney appointing individual Attorney-in-Fact for execution of the Performance Bond on behalf of Surety. END OF SECTION December 13, 2014 Performance Bond Form ...... ......._ ...... _ ....... _...._._. __ ___..... ____.__._,._..___......_..._...._.._........._.__._.___......._..___..___.__._______....... _.__ ........... ------- .__.___..__...__.__. _.._..._.__._.___.. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY ,TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225943 Certificate No. 005974937 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bradley S. Babcock, Becky A. Heaston, and Kimberly L. Babcock of the City of Cedarburg , State of Wisconsin , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company a OASU 1 r` DP4t�tnTmYv(� J FIRE 4 y 1 \ *N .,. �NS� r+ nsoq yPJY ANq Nw�untry 41nY tA0 Of'F•Opf> V�3�V' t G r .st� QO: 9 JP :..........'9.tN C v O O `M1 P's t.tq FPOR 7 4.i � �' � � INCt7liPOR4TEa� m° a! e,e m ;m:'ceaeoaarf�,t ¢ � aF`? 19 8 2 0 � 1977 � %1'w.- ' � `0' 'n £ ; a 5 : o i HARTFORD, IihRTFORG �5 a 1696 SEAL ? CONN. 3q CDNN.TrO< Z . � v0 A iii A!N State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 8th day of July 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 60OX-POR In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2016. Ar 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF Marie C. Tetreault, Notary Public Bond 106206444 Sanford North WRF. BNR Improvements - Project Manual 00620-1 41111111111111 Is] KNOW ALL MEN BY THESE PRESENTS That we /1\ Vogel Bros. Building Co. a (2) Corporation organized under the laws of the State of Wisconsin and regularly authorized to do business in the State of Florida as Principal, and we (3)_ Travelers Casualty and Surety Company of America a C3\ Coporation organized under the laws of the State or Connecticut and regularly authorized todo business in the State of Florida osSurety, are ke|U and Urnn|y bound unto the City ofSanford, Florida hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the full and just sum of (4) Thirteen Million Three Hundred Twe Ei h Thousand ($ $13,328,700 ) in lawful money of the United States, for the payment of which sum well and truly to be made unto the said Owner, we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these WHEREAS, the said Contractor has entered into a written Agreement (including all associated contract docu | Agreement may be amended from Unne- zo-omnm>with the Owner UateU .2O15,aoopyofvvhichnlmybmhereto attached, but, in any avent, is moinb@ned in the -records of the (]vvner. said Agreement being hereby rnoda o part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of the Sanford North WRF.- Biological Nutrient Removal Improvements. The Sanford North INRF. Biological Nutrient Removal Improvements Project is described as follows: • Integrated Fixed-Film Activated Sludge Process (IFAG)BNRTreatment System consisting of primary anoxic basins, aerobic basins, deoxygenation basins, secondary anoxic basins, reoeraUon baeina, hondraUa, kick-plate, walkways and associated equipment. • Turbo blowers, piping and diffusers. • Submersible mixers. • Grit Removal System modifications. • R\8/VVA8 pumping system improvements. • Chemical feed system modifications. (1) Contractor (2) Sole Proprietor, Partnership or Corporation (3) Surety (4) 110 percent of the Contract December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF. BNR Improvements - Project Manual 00620 -2 • Blower Facility Building and associated equipment, piping, and appurtenances. • Electrical Building No. 1 and associated equipment, piping, and appurtenances. • BNR Chemical Feed Facility Building and associated equipment, piping, and appurtenances. • Electrical, controls and instrumentation system improvements. • SCADA System modifications. • Stormwater management system improvements. • Miscellaneous appurtenances and ancillaries. • Site work, yard piping and plant internal roadway improvements, signage, sodding, etc. NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall promptly and faithfully satisfy all claims and demands incurred by the Contractor of said Contract, and shall pay all obligations arising thereunder, and shall fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of the failure of the Contractor to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the Owner may incur in making good any default by the Contractor, and shall promptly make payment to all persons or claimants, as defined in Section 255.05(1), Florida Statutes, supplying labor, equipment or materials for use in the prosecution of work, whether by subcontractor or otherwise, and including all insurance premiums on said work as provided for in such Contract, and shall perform the guarantee of all materials furnished under the Contract for the time specified in the Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 2. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sections 713.23 and 713.18, Florida Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the Contractor shall, before commencing to furnish labor, materials, or supplies for the prosecution of the work, or not later than forty -five (45) days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his or her labor, materials, or supplies shall deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before forty -five (45) days after the first furnishing of labor, services, or materials, and not later than ninety (90) days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than ninety (90) days after the date that the rental equipment was last on the job site available for use. Claimant shall deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF. BNR Improvements - Project Manual 00620 -3 and of the nonpayment. No action for the labor, materials or supplies may be instituted against the Contractor or the Surety on the bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 4. The Said Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon the Owner's pursuit of its remedies against the Contractor, shall remain in full force and effect notwithstanding: a. Amendments or modifications to the Agreement entered into by the Owner and Contractor without the Surety's knowledge or consent; b. Waivers of compliance with or any default under the Agreement granted by the Owner to the Contractor without the Surety's knowledge or consent; or c. The discharge of the Contractor from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Laws of the United States of America, as the same may be amended, or any similar state or Federal law, or any limitation of the liability or Contractor or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect the Surety's obligations under this Bond and the Surety hereby waives notice of any such changes. Further, the Contractor and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement. The Contractor may have obligations to the Surety, but the failure of the Contractor to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the Owner under this Bond. THE OWNER may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use and benefit. THE BOND and any other BOND or similar document, and the covered amounts of each, are separate and distinct from each other and the Owner shall be entitled to the totality of rights and benefits from all such documents. IN ADDITION, the Contractor and Surety, jointly and severally, expressly guarantee that the Owner will be held harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with respect to this Contract. This Bond shalt remain in effect for a period of two (2) years from the date of Final Project Acceptance by the Owner. December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF. BNR Improvements - Project Manual 00620 -4 THE SURETY shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as Contractor is bound. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument executed ins eral rto nterparts, each one of which shall be deemed an original, this the day of , 2015. D. Leigh Wagner Typed Name Witness to Contractor Bonnie L. Roberts Typed Name December 13, 2014 Labor and Materials Payment Bond Form Vogel Bros. Building Co. ATTEST: (Contractor � (Contractor),Secretary By (Signature) mar, "S in Peter C. Vogel, President � Typed tare yFx.� Typed Name and Title 2720 Drane Field Rd. . ©BATE SL) Address *r� Lakeland, FL 33811 ' fiVA ness,' o tractor 7 City, State, Zip t D. Leigh Wagner Typed Name Witness to Contractor Bonnie L. Roberts Typed Name December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF: BNR Improvements - Project Manual 00620-5 (Surety) Typed Name (CORPORATE SEAL) YW//Z � �oa // I 19itness, as to Surety Jill Wendt Typed Name Travelers Cemualtv and Sunytv ComoonvofAmerica Surety 860-277-0111 860-277-7002 Telephone No. FAX No. 7 Attorney- Bradley S. Babcock Typed Name VV7ON455 Cedar Pointe Avenue Address Amy Shaver Cedarburg.VN 53012 Typed Name City, State, Zip 2628534622 2025460708 Telephone No. FAX No. NOTE: The date of the Bond must not be prior ho date of the Agreement. If the Contractor is o joint ventune, all venturers shall execute the Bond. If the Contractor is partnership, all partners shall execute the Bond. The Surety's obligations run as to all such parties. December 13, 2014 Labor and Materials Payment Bond Form Sanford North WRF: BNR Improvements - Project Manual 00620 -6 IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by Owner. ATTACH: A certified copy of the Power -of- Attorney appointing individual Attorney -in -Fact for execution of the Payment Bond on behalf of Surety. END OF SECTION December 13, 2014 Labor and Materials Payment Bond Form ._...__.._.. T ... _ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER e POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225943 Certificate No. 005974938 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Bradley S. Babcock, Becky A. Heaston, and Kimberly L. Babcock of the City of Cedarburg State of WISCOnSIri , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASU,,� TM i1RE Erg, �hN INSG\ •'�'�NS�gw•, JP�tY qNa RµRSIW�yy (�TyA� p�ayOpppr4l TL '�M°M o Qr 'byP QO: ; - ..... -. • � \45 i,F`JP, �' S ii (1 WC�fiFQflli ms �ILON PORA >f m 3`W i�pRPORgT'P+? m BRA � � � (�� y` cw 1951 a Gi K[L>i �`•SE ALh� Y a a' aY3� o.• ;o:SEAL;'�t 'm o sss 'as o•.''•.... ••d°,f ey jai .�1 °c datsNAµ�'r I• �� v�� !t1'IAtN� State of Connecticut City of Hartford ss. By: �d Robert L. Raney, enior Vice President On this the 8th day of July 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T!'r In Witness Whereof, I hereunto set my hand and official seal. *A My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. cam► C Marie C. Tetreault, Notary Public