2370 IFB 19/20-30 Sanford Main WTP ImprovementsSXRFORD
FINANCE DEPARTMENT Z20
Wednesday, September 29, 2021
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: IFB 19/20-30 Sanford Main WTP Improvments
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
Fj
Development Order
F-1
Mayor's signature
❑
Final Plat (original mylars)
F-1
Recording
❑
Letter of Credit
R
Rendering
❑
Maintenance Bond
Z
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
Special Instructions:
From Date
TADept_fbrms\City Clerk- Transmittal Memo - 2009,doc
T I i'm i-1•
Date: January 19, 2021
To: Marisol Ordohez
Purchasing Manager
City of Sanford Purchasing Dept.
Re: Sanford Main WTP Improvements (IFB 19/20-30)
CPH Job No. S06153
WE ARE SENDING YOU THE ATTACHED ITEM(S):
500 West Fulton Street
Sanford, FL 32771
Phone: 407.322.6841
NO. OF COPIES
DESCRIPTION
1
Notice of Award (Fully Executed Original)
3
Performance and Payment Bond (Western Surety Co. - Bond No.
30111409) (The date of the Agreement needs to be filled in on the
Bonds on page 1 and on the Signature page).
1
Certificate of Insurance - w/umbrella endorsement
1
Insurance Requirements (Section 00645) - Certified by Sawcross,lnc
1
Insurance Endorsement Form - Signed by Sawcross, Inc
1
Undated Agreement (signed by City and Sawcross, Inc.)
3
Agreement (Signed by Sawcross, Inc.) sent under separate LOT
1
A.M. Best Ratings (email)
1
Builders Risk Policy (under City Review)
I In 1 *11 Q k 9:4 ivi &T-3 V W1 &I &II101-INT'RI 12 1 QW-At#10-001
X For Your Use
As Requested
REMARKS:
For Review and Comment
For Bids Due
CPH has reviewed the attached and is of the opinion the documents are acceptable. As
discussed, the builders risk policy is still under review by the City Risk Manager. If
additional information is required please let us know and we will request from the
Contractor.
If all is acceptable, please provide one original fully executed Agreement and one original
of the Performance and Payment Bonds to be forwarded to Sawcross.
COPY TO:
6--licumna-grg; "munor"
If enclosures are not as noted, kindly notify us at once.
CITY OF SANFORD, FLORIDA - PURCHASING DIVISION
SOLICITATION OPENING CERTIFICATION AND MINUTES (Section 255.0518, Florida Statutes)
Solicitation Title: Sanford Main WTP Improvements
Number: IFB 19/20-30 Opening Date: 10/1/2020 Opening Time: 4:00 p.m.
Documents Including Announcement of This Opening Are Available for Viewing or Downloading
at www.(nyytndortink.com
Location of Opening: Commission Chambers
1. On this date the opening of the solicitation response identified above is hereby verified and
the public announcements recorded below regarding the solicitations received were duly
made. it is noted that no other business was conducted, there were no discussions and no input
was received from anyone in attending. There was no attendance record made.
X IFB - Announced the name of each bidder and the amount of their bid
_ RFP - Announced the name of each respondent
RFQ - Announced the name of each respondent
If any submission was not opened and/or announced: check this item and indicate on
tabulation below specific information as to why the submission was not opened or
announced
X All submissions were opened and read. The tabulation below reflects the information read
2. Name of City Employe ho ann funcealthe bids: Marisol Ordonez
Certification (1) by: ' (�> i Marisol Ordonez, Purchasing Manager
ignature Date Printed Name & Title
Certification (2)6�k&—gnatur
t« �� Lindsey Bojadzijev, Purchasing Analyst
Date Printed Name &Title
3. The public notice indicated by § 286.0105 and 286.011 Florida Statutes is not required because no rule, resolution,
or formal action has taken place or considered at this opening. Therefore, a verbatim record of the solicitation
specifically identified above is not required if a person, in accordance with City of Sanford Policy Number 15.,
elects to file a protest or appeal an action associated with the identified solicitation.
4. Florida Statute 119.071: Sealed bids, proposals, or replies received by an agency pursuant to a competitive
solicitation are exempt from s.119.07(1) and s. 24(a), Art. l of the State Constitution until such time as the agency
provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies,
whichever is earlier. Note: City of Sonford Procurement Procedure 6-500 mandates that as applicable to an IFB: the name of each
bidder and the specific amount of the bid will be shared at the opening, for an RFP or RFQ the name of each person or firm will be
shared at the opening. (Florida Statures may be found at: http://Www.leg.state.fl.us/statutes/)
Tabulation
Bidder
Bid Total
Florida Design Contractors, Inc.
$8,160,000.00
Sawcross, Inc
$7,691,000.00
Wharton Smith, Inc
$8,117,000.00
WPC Industrial Co & Randall Environmental
$9,465,591.00
Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached.
It is noted that this is page 1 of 1 pages
Sanford Main WTP !mrovements - Emlect Manual 00660-1
TO: Sawcross, Inc.
10970 New Berlin Road
Jacksonville, FL3222G
December 14 2020
PROJECT SANFORD MAIN yffP IMPROVEMENTS
PROJECT DESCRIPTION: The Project gemano||ycmnoobso[butionot|irndedbo.NhobdNwing
elements sdthe Sanford Main VVTP: A^nnw^2-mtqryMain VVTP Operations Building hoinclude an
Operations Center Control room. nneeding/bm*mkroom, laboratory, administrative Vffimeo, high
service pumping roonn, restnzoma. reception area, electrical and mechanical rooms, ohemnioal
storage roomo, etc.; site work; installation of pumpin8, piping, valving and metering systems;
installation of chemical feed, storage and pumping systems; e!entrica|, onnboie and
instrumentation improvements; 3CADA system improvements; diesel engine driven generator;
plant internal roadway improvements; storrnwabnr management oyohamn improvements; lighting
systems; facility wall, fencing and security systems; landscaping and sodding; facility irrigation
system; signage; miscellaneous appurtenances and ancillaries; demolition of two on-site buildings
("existing" WTP operations/pumping building and the one-story office building) and all associated
infrastructure and the legal disposal of all materials after the "new" Main WTP Operations Building
is constructed and all systems and equipment have passed demonstration tests and are
operational; and various other site improvements.
The Owner has considered the Bid submitted by you, dated October 1 .2020 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 Biddor"on the Project referenced
above. The Contract Price ofyour contract for this work is
Seven Million Six Hundred Ni Oo|hsns 7,691 ,000 .
August 5, 2020 Notice of Award Form
Sanford Main WTP Improvements - Protect Manual 00660-2
Three (3) copies of each of the following Contract documents accompany this Notice of Award
(NOA):
® Agreement between the Owner and Contractor
• 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 N/A , 2020, 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 Labor and Materials Payment Bond
in the form specified in the Contract Documents.
3. You must provide, in writing, the correct name, address, phone number, contact name and
e-mail address of the Surety that 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
August 5, 2020 Notice of Award Form
Sanford Main WTP Improvements - PNOct Manual 0066"
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 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 22 day of December ,2020.
City of Sanford, Florida
7769,wm, OCR
By: T j j�o P Z, I 0C 14 ec22,-,02J I h:48 EST
Title: Deputy City Manager
ACCEPTANCE OF NOTICE OF AWARD (NOA)
Receipt and acceptance of the above NOTICE OF AWARD (NOA) for the Sanford Main WTP
Improvements, in Sanford, Florida is hereby acknowledged.
Contractor: Sawcross, Inc.
Address: 10970 New Berlin Road
Jacksonville, FL 32226
August 5, 2020 NoUce of Award Fbnn
Sanford Main WTP improvements - Project Manual 00660-4
Authorized
Signature:
Printed Name: Mark Hickinbotham
Title: President
Date: 12/31/2020
END OF SECTION
August 5, 2020 Notice of Award Form
Notice of Award - Sawcross
Final Audit Report 2020-12-22
Created: 2020-12-22
By: Lindsey Boiadzijev (Lindsey.Bojadzijev@Sanfordfl.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAbWWhgwcJz2bGKe�_GZxReB9YrJY4AHAJ9
"Notice of Award - Sawcross" History
I Document created by Lindsey Bojadzijev (Lindsey. Bojadzijev@Sanfordfl.gov)
2020-12-22 - 7:29:40 PM GMT- IP address: 97.71.189.34
1-1 Document emailed to T J George, DCIVI (thomas.george@sanfordfl.gov) for signature
2020-12-22 - 7:30:05 PM GMT
6�`
Email viewed by T J George, DCIVI (thomas.george@sanfordfl.gov)
2020-12-22 - 11:47:31 PM GMT- IP address: 184.91.209.69
Cho Document e -signed by T J George, DCIVI (thomas.george@sanfordfl.gov)
Signature Date: 2020-12-22 - 11:48:09 PM GMT - Time Source: server- IP address: 184.91.209.69
Agreement completed.
2020-12-22 - 11:48:09 PM GMT
[a Adobe Sign
THIS AGREEMENT, made this day of R(em ler
—, 2020, 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 Sawcross, Inc. , whose principal address is
10970 New Berlin Road, Jacksonville, FL 32226, 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 Main WTP 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; mechanical, structural, architectural sheets; and
electrical, controls, instrumentation, HVAC, PICS and SCADA sheets) with each
sheet bearing the following general title: "Sanford Main WTP 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).
11 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).
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).
4
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. Classification and Wage Determination (Davis Bacon Act).
39. American Iron and Steel (Section 00809).
40. Certificate of Substantial Completion (Section 00848).
41. Certificate of Final Completion (Section 00849).
42. Certificates of Insurance.
43. Schedule of Values.
44. 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.
1.02 SCOPE OF WORK
A. The Contractor will commence and complete the construction of the Sanford Main
INTP Improvements.
B. The Owner may exercise it right to engage in sales tax recovery/savings through
"Owner Direct Purchase" of equipment from the manufacturer's, including, but
not limited to, the following: (1 ) high service potable water pumps; (2) chemical feed
systems; (3) package lift station; (4) electric overhead hoist and trolley system; (5)
masonry; (6) precast structures; (7) furnishings; and (8) items identified in Article 1.04
of Section 00300, "Bid Form".
The Contractor will be required to install the above referenced equipment and all
ancillary equipment and appurtenances as part of this Project and in association with
the Contract Documents.
C. The Contractor will furnish all of the remaining material, supplies, tools, equipment,
labor and other services necessary for the construction and completion of the Sanford
Main WTP Improvements as described herein.
D. The Contractor shall furnish all of the remaining material, supplies, tools, equipment,
labor and other services necessary for the construction and completion of the Sanford
Main WTP Improvements that generally consists of, but is not limited to, the following
elements:
1. A "new" 2 -story Main WTP Operations Building to include an Operations Center
Control room, meeting/breakroom, laboratory, administrative offices, high service
pumping room, restrooms, reception area, electrical and mechanical rooms,
chemical storage rooms, etc.
2. Installation of pumping, piping, valving and metering systems.
3. Installation of chemical feed, storage and pumping systems.
4. Electrical, controls, and instrumentation system improvements.
5. SCADA system improvements.
6. Diesel engine driven generator with weatherproof enclosure.
7. Facility wall, fencing, lighting and security systems.
8. Site work, yard piping, stormwater management system improvements, plant
internal roadway improvements, signage, landscaping, sodding, facility irrigation
system, and miscellaneous appurtenances and ancillaries.
9. Demolition of two on-site buildings (the existing WTP operations/pumping building
and the one-story office building) and all associated infrastructure and the legal
disposal of all demolished materials after the new Main WTP Operations Building
is constructed and all systems and equipment have passed demonstration tests and
are operational.
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 (!jftiesc ghcqMM
c
(bfriesl_@Lric�q_q§, ..�oni)
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 five hundred forty (540) consecutive
calendar days, and "finally" complete the work within five hundred seventy (570)
consecutive calendar days.
B. Liquidated Damages
1. The "existing" facility consists of older infrastructure that will be demolished after
construction, demonstration testing and all new systems are functional and
operational. Therefore, the Contractor shall ensure that the project's critical path
is the timely construction, testing, and readiness for operation, of the "proposed"
improvements.
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 One
Thousand Two Hundred Fifty Dollars ($1,250) for each calendar day that expires
after the time stipulated in Article 1.03(A) above for project "substantial" completion
for the 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 1.04(A) for "final"
completion and readiness for final payment orany properextension thereof granted
by the Owner, the Contractor shall pay the Owner One Thousand Dollars ($1,000)
for each calendar day that expires after the time specified in Article 1.04(A) for
completion and readiness for final payment. This amount represents the Owners
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 Main WTP Improvements and comply with the terms
therein for a Total Bid Amount of Seven Million Six Hundred Ninety -One Thousand
Dollars ($7,691,000).
C. Payments will be made to the Contractor based on the Schedule of Values (SOV),
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).
1.07 PAYMENT PROCEDURES
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.
Ninety percent (90%) of the value of Work completed, with the balance being retainage.
Ninety percent (90%), with the balance being retainage of the value of materials and equipment
2 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.
Upon Substantial Completion, the Owner may, at his option, increase total payments to the
3 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.
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 falls 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 Addends, and the other related data identified in the Bidding
Documents including "technical data".
2. The Contractor has visited the project 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
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 Main
WTP, reports and drawings identified in the Contract Documents and a//
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", Section 00807, "Classification and Wage
Determination (Davis Bacon Act)" and Section 00809, "American Iron and Steel".
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. 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
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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 Ownera 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 bythe 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 Owners 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
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,
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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.
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;
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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:
Bilal Iftlkhar, P.E., Public Works/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
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.
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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
PurchaseMork 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 Ownershall 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.
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
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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 Contractors 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
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
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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 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.
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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.
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.
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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 119, 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 Contractor shall comply with the requirements of the Davis Bacon Act
(Classification and Wage Determination), American Iron and Steel (AIS) Act
and the FDEP Supplementary Conditions.
64. 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)
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.
65. 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.
66. 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.
67, 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.
68. The Contractor shall advise the Owner in writing of R 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,
69. 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 I11, Chapter 112, Florida Statutes, relating to ethics in government.
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70. 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.
71. 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.
72. 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
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.
73. 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.
74. 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.
75. The Contractor agrees to fully comply with all State laws relating to public
records.
76. 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.
77. 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.
78. 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.
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79. 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.
80. 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 Project 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.
81. The Contractor shall reasonably cooperate at all times with the Owner and other
Owner Contractors, the Engineer and other professionals.
82. 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.
83. This Agreement is to be governed by the laws of the State of Florida.
84. The venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
85. 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.
86. 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.
87. This Agreement may only be amended, supplemented or modified by a formal
written amendment.
88. 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.
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89. 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.
90. 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.
91. The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the Owner.
92. 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.
93. 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.
94. 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.
95. 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.
96. All provisions of this Agreement shall be read and applied in para materia with
all other provisions hereof.
97. 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.
R
98. 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 orwhich
the Contractor had knowledge and failed to present during the Owner
procedures.
99. 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.
100. 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.
101. 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.
-N
This Agreement will be effective on
ON
OWNER
City of Sanford, Florida
300 North Park Avenue
Sanford, FL 32771
Art Woodruff
Name (typed)
Mayor
Title
C>,
Date fq'17
?
(SEAL)
Name: Traci
- Houchin, ClMC,FCRM
"-"--- --1---1----
(fypa)
CityClerk
Title:
23
CONTRACTOR
Sawcross, Inc.
10970 New Berlin Road
Jacksonville, FL 32226
Authorized Sit(hature
Mark Hickinbotham
Name (typed)
President
Title
12/11/2020
Date
(SEAL)
Attest:
Name: w Christina Parker
(Typed)
Title: Preconstruction Services Manager
License No., CGC036203
I
PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a)
Bond NO. 30111409
Contractor Name Sawcross, Inc.
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021002750 Bk:9809 Page:1525-1540
REC: 01/08/2021 10:48:" AM by hdevore
RECORDING FEES $137.50
Contractor Address 10970 New Berlin Road, Jacksonville, FL 32226
Contractor Phone No. (904) 751-7500
Surety Company Western Surety Company
Surety Address P.O. Box 5077, Sioux Falls, SD 57117
Surety Phone No. (800) 331-6053
Owner Name City of Sanford
Owner Address 300 North Park Avenue, Sanford, FL 32771
Owner Phone Number (407) 668-5000
Obligee Name
(if contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No. (If Applicable)
Project Name Sanford Main WTP Improvements
Project Location 3701 Country Club Road, Sanford, FL 32771
Legal Description and Street Address 3701 Country Club Road, Sanford, FL 32771
Description of Work A "new" 2 -story Main WTP Operations Building
I - a 1101,11 19 : 7-1 Tel
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that
May be preprinted thereon.
Bond No.: 30111409
KNOW ALL MEN BY THESE PRESENTS: That vveM\ Sawcross, Inc., 10970 New Berlin Road
Jacksonville. FL32228(9U4)751-75OO a
CZ\ Corporation organized under the laws ofthe State of Florida
and regularly authorized to do business in the State of Florida asthe Principal, hereinafter
called the Contractor, and (3) Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117
(800) 331-6053 o/2\ Corporation
organized under the |avva of the State of South Dakota and na0u|ody authorized to do
business |nthe State of Florida as Surety, hereinafter called the Surety, are held and firmly bound
unto the City of 8onfond. Florida, hereinafter called the Owner in accordance with m Contract
hereinafter referred to, in the full and just ourn of (4) Eight MilliFour Hundred Gi
Thousand One Hundred and 00/100 Dollars ($ 848010000 in
lawful money of the United States, for the payment of which sum well and truly to be made unto
the said C)wner, we, the Contractor and Supetv, bind ourselves, auooeauoro' heira, exeoutorm,
administrators and aeaiAnoes, jointlyand oevena||y, firmly by these presents.
THE CONDITION OF THIS OBLIGATION iesuch that whereas, the Contractor has entered into
a written Agreement (including all associated Contract Documents related19-
Agreement may beamended �omtime4o-timm) with the O .
fl-
2O2O for the work designated as the Sanford Main WTP Improvements located in Ganfond.
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 Main WTP Improvements Project is "briefly' described as follows:
� A^new' 2 -story Main WTP Operations Building to include an Operations Center Control
room, meeting/breakroom, laboratory, administrative offices, high service pumping room,
�
Installation mfpumping, piping, valving and metering systems.
�
Installation ofchemical feed, storage and pumping systems.
�
Electrical, controls and instrumentation system improvements.
�
Diesel engine driven generator with weatherproof enclosure.
SCADA System modifications.
(1) Contractor Name and Address (3) Surety Name and Address
(2) Sole Proprietor, Partnership, or Corporation (4) 110 percent of the Contract
Project Address:
37O1Country Club Road
Sanford, FL 32771
Obligee Information:
City nfSanford
300North Park Avenue
Sanford, FL32771
(407) 668-5000
m Facility wall, fencing /and security G.__
• Lighting systems.
• Site vYorh, yard piping, GtDrOvvater management system and plant internal roadway
improvements, signage, and miscellaneous appurtenances and ancillaries.
• Landscaping, sodding and facility irrigation system.
• Demolition oftwo on-site buildings (the existing VVTPoperations/pumping building and the
one-story office building) and all associated infrastructure and the legal disposal of all
demolished materials after the new Main WTP Operations Building is constructed and all
systems and equipment have passed demonstration tests and are operational.
• Miscellaneous appurtenances and ancillaries.
This Performance Bond is being entered into, adaminimum, tVsatisfy the requirements of Section
255.05, Florida Statutes and the Agreement referenced above, as the same may be amended.
The Surety shall bebound by any and all alternative dispute resolution awards and settlements to
the same extent as Contractor is bound.
NOW, THEREFORE, the condition ofthis obligation iosuch that ifthe Contractor:
1. Promptly and faithfully performs itduties with respect &othe Contract onhis (itm) 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 ofthe Contractor, hofulfill his obligation
to furnish rnmintanonoe, nopoina, or replacements for any period of time after the vvodx is
completed, if provided for in said Contract, then this bond/obligation shall be null and void,
otherwise it shall remain iDfull force and effect.
IN ADDITION, the Contractor and 8urety, 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 fora period of two (2) years from the date of Final Project
Acceptance by the Owner.
IT IS HEREBY .STIPULATED )AND AGREED that ,any suit based upon any default of the Contractor
in fulfilling his obligations to furnish rnainb*nanne, napairo, 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 tofurnish such maintenance Vrmake such repairs o[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 ofits
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 cfcompliance with orany default under the Agreement granted by Owner to
Contractor without the Surety's knowledge orconsent; or
3. The discharge DfContractor from its obligations under the Agreement as aresult Vfany
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
oomresult ofany such proceeding.
THE SAID SURETY, for the value received, hereby stipulates and agrees that any changes in or
under the Agreement and Contract Omnunnenba and compliance or noncompliance with any
formalities connected with the Agreement or the changes therein ohm{| 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 oho||
increase or decrease in accordance with Change Orders /uni|obanai and bilateral) or other
modifications to the Agreement and Contract Documents.
THE COVERAGE OF THIS PERFORMANCE BOND in^co-mqumf'witheach 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 isapart during the period
in which this Performance Bond is in effect, the Surety shall remain liable to the Owner for all such
loss nrdamage.
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
expeOse, including reasonable attorneys' fees and ouslG 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.
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 baconsidered performance under
the Bond:
1. of the Contractor, under the Bond, bokeep 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 asamaterial breach of
the Bond and bad faith by the Surety.
THE SURETY AGREES that its obligation under the bond is to:
1. Tofully take over performance ofthe Contractor's Work under the Agreement ineplenary
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 VVqrb to e completing contractor with the Surety
remaining liable for the completing the Contractor's performanceofthe 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 inthe Agreement. |nany event, the Contractor's Contract Time
is ofthe essence and applicable delay damages are not waived byOwner.
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 mrconsent;
2. Waivers of compliance with ormay 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.
Any changes klnrunder the Agreement and compliance o[noncompliance with any formalities
connected with the Agreement orthe changes therein shall not affect Surety's obligations under
this Bond and Surety hereby waives notice ofany such changes. Further, Contractor and Surety
oohnovv|odgm that the Sum of this Bond shall inonaaao or deonooee in accordance with change
orders (unilateral and bilateral) or other modifications to the Agreement. The Contractor may have
Ob|i0ahDOs 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 ofthe Owner under this Bond.
THIS BOND and any other bVnd. Orsimilar 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
THIS BOND is intended to comply, at a minimum, with the requirements of Section 255.05, Florida
8tetu/eo, 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 |ovv
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, B0RTHE0!, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
UNWITNESS WHEREOF, this i %of which,2020.
shall be deemed an original, this t� day of r�
ATTEST -
Contractor's Secretary
Christina Parker
Typed Name
Contractor
Bv(Signatu
Mark Hickinbotham, President
Typed Name and Title
10970 New Berlin Road
Address
Jacksonville, FL 32226
City, State, Zip
(904) 751-7500 (904) 751-0600
Telephone No. FAX No.
ATTEST:
By N/A
(Surety) Secretary
Name
UJ
0 S L)
41
Witne-Ys-as to Surety
April L. Lively
Typed Name
�A470_�
Witness as to Surety
Kelly Phelan
Typed Name
. Western Surety Company
Surety
(800) 331-6053 (605) 335-0357
Telephone No. FAX No.
h,
BY a�iI,Jr I,, JI
Attorney -in -Fact & FL Licensed Resident Agent
Allyson Foss Wing
Typed Name Agent: Guignard Company
1904 Boothe Circle, Longwood, FL 32750
Inquiries: (407) 834-0022
P.O. Box 5077
Address
Sioux Falls, SD 57117
City, State, Zip
(800) 331-6053 (605) 335-0357
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 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.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Bryce R Guignard, Christine A Morton, Paul J Ciambriello, Deborah Ann DeFoe, M Gary
Francis, April L Lively, Jennifer L Hindley, Margie L. Morris, Allyson Foss Wing, Kelly Phelan,
Individually
of Longwood, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 24th day of October, 2019.
�aErr" WESTERN SURETY COMPANY
�W� pQ•PfaRgj:3.d:
s S.:Sf A�':'•vk
Paul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 24th day of October, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WES'T'ERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires d. Mt7HR
==Flat
June 23, 2021 �"s �HO"fCOTA
J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this
a cvi t'AN %
WESTERN SURETY COMPANY
o' L. Nelson, Assistant Secretary
Form F4280-7-2012 �l '
Go to www.cnasuret .Com > Owner J Oblige®. 4xices'> Validate Bond Coverage, if you want to verify bond authenticity.
Bond No.: 30111409
Savvcrnsg. Inc., 10870 New Berlin Road
KNOW ALL MEN BY THESE PRESENTS: That me(1)Jacksonville, B3222 (9O4)75i-7500
m /2\ Corporation organized under the laws of the State of Florida
and regularly authorized to do business in the State of Florida as Principal, and we (3)_
Western Surety Company*a (2) organized under the laws of the State
of South Dakota and regularly authorized to do business in the 8tob* of Florida as 8ureh/,
one held and firmly 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)
Eight Million Four Hundred Sixty Thousand One Hundred and 00/100 Dollars
($ in lawful money ofthe United Stmtea, for the
payment of which sum well and truly to be made unto the said Owner, we bind ourselves, our heirs,
ameoutors, adrninietnmboro, auooeoaora and assignees, jointly and aevera||y, firmly by these
presents.
WHEREAS, the said Contractor has entered into a written Agreement (including all
associated contract documents related thereto and as the Agreementmay baamended from bme-
to-tinne)with the Owner doted h9 2O2O,8copy ofwhich may behereto
attached, but, in any event` is maintained in the records of the Owner, said Agreement being
hereby mode m part hereof by this reference thereto as if fully set forth herein verbatim, said
Agreement being entered generallyforthe construction of the SanfordMain WTP Improvements.
The Sanford Main VyTPImprovements Project io described asfollows:
• A^nevv 2 -story Main VVTP Operations Building to include an Operations Center Control
nzorn. rneebnm/brgaknJorn. |aborahory, administrative offices, b}Qh service pumping room,
[estrDO0s' reception area, electrical and mechanical rooms, chemical storage rooms, etc.
• Installation of pumping, piping, valving and metering avatmnne.
• Installation Cfchemical feed, storage and pumping systems.
• Electrical, controls and instrumentation system improvements.
• Diesel engine driven generator with weatherproof enclosure.
(1 ) Contractor (3) Surety
(2) Sole Proprietor, Partnership or Corporation (4) 110 percent of the Contract
Project Address:
3701 Country Club Road
Sanford, FL32771
Obligee Information:
City VfSanford
3OONorth Park Avenue
Sanford, FL32771
(407) 668-5000
°P]].Box 5O77
Sioux Falls, SO57117
a
SCADASystem�
• Facility wall, fencing and security systems.
• Lighting systems.
• Site vvorh. yard piping, atonnvvoter management evatom and plant internal roadway
improvements, signage, and miscellaneous appurtenances and ancillaries.
• Landscaping, sodding and facility irrigation system.
�
Demolition oftwo on-site buildings (the existing VVTP operation a/ounn pingbuilding and the
one-story office building) and all associated infrastructure and the legal disposal of all
demolished materials after the new Main VVTPOperations Building is constructed and all
systems and equipment have passed demonstration tests and are operational.
n Miscellaneous appurtenances and ancillaries.
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 hothe Owner all oosta, damnaQma, and expenses which the
Owner may incur in making good any default by the Contractor, and shall promptly make payment
to all persons V[claimants, as defined in Section 255.05(1). Florida Statutes, supplying |abor,
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 Contoact, and shall
perform the guarantee of all materials furnished under the Contract for the time specified in the
CODtnaot, then this obligation gho|| be null and void, otherwise it shall remain in full force and effect
subject, however, tVthe following conditions:
This Bond is furnished for the purpose of complying with the requirements of Section
255.05. Florida 8bab/beo, as amended as well asfor other intents and purposes for the
benefit Vfthe 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, aclaimant, except alaborer, who isnot iDprivity 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 b3this Bond for protection. A claimant who is not in privity with the Contractor and who
has not received payment for his or her labor, nnoterie[a, or supplies ehoU 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 ofthe work orthereafter 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
torental equipment, not later than ninety /SO\days after the date that the rental equipment
�
_ available foruse. Claimant shalldeliver hothe Contractor and to the
Surety written notice of the performance of the labor or delivery of the materials or supplies
and of the nonpayment. No action for the labor, materials or supplies may be instituted
against the Contractor orthe Surety onthe bond after one year from the performance of
the labor orcompletion ofthe delivery ofthe materials orsupplies.
4. The Said 8urety, for value recmivad, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon the
Owner's pursuit Ofits 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
o. The discharge ofthe Contractor from its obligations undertheAoreemerdasaresult
of any proceeding initiated under the Bankruptcy Laws of the United States of America,
aothe same may be amended, orany similar state orFederal law, urany limitation of
the liability orContractor nrits estate aseresult ofany such proceeding.
5. Any changes in orunder 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) qrother modifications tPthe 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 ofthe Owner under this Bond.
THE OWNER may sue onthis Bond, and any person furnishing material Cnperforming 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 mr similar document, and the covered amounts ofeach, 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 beheld harmless from any liens, claims, demands orobligations inconjunction vithnootoha|s
orservices provided with respect 0othis Contract. This Bond shall remain imeffect fora period
of two (2) years from the date ofFinal Project Acceptance by the Omner.
THE SURETY shall be bound by any and all alternative dispute resolution awards and settlements
PROVIDED, FURTRER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
|NWITNESS WHEREOF, this i i each one Vfwhich
shall be deemed an original, this th( day of r1l e'
ATTEST:
Secretary
htj ^,,,w,/,,
110 CO
Christina Parker
Typed Name
wftfTe—ss to
Drew Hickinbotharn
Typed Name
Sawcross, Inc.
(Contractor)
By (Signature)
Typed Name and Title
10970 New Berlin Road
Address
Jacksonville, FIL 32226
City, State, Zip
LLJ
(Surety) SecretarySurety
to Surety
April L. Lively
Typed Name
�� �V
Witn6ss as to Surety
Kelly Phelan
Typed Name
Western Surety Company
(800) 331-6053 (605) 335-0357
Telephone No. FAX No.
cnm ho 11VI
Attorney' -in -Fact & FL Licensed Resident Agent
Allyson Foss Wing
Typed Name Agent: Guignard Company
19O4Boothe Circle, Longwood, FL3275O
Inquiries: (407) 834-0022
P.O. Box 5077
Address
Sioux Falls, SD 57117
City, State, Zip
(800) 331-6053 (605) 335-0357
Telephone No. FAX No.
NOTE: The date ofthe Bond must not b8prior todate mfthe Agreement. If the Contractor
is m joint venbupe, all venturers shall execute the Bond. If the Contractor is
partnership, all partners shall execute the Bond. The Surety's obligations run ambo
all such parties.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury
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: Acertified copy ofthe Pmvxeappointing individual Attorney -in -Fact for
Western
e Compamj
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Bryce R Guignard, Christine A Morton, Paul J Ciambriello, Deborah Ann DeFoe, M Gary
Francis, April L Lively, Jennifer L Hindley, Margie L. Morris, Allyson Foss Wing, Kelly Phelan,
Individually
of Longwood, FL, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 24th day of October, 2019.
su+eery
WESTERN SURETY COMPANY
=;iiiAP'P
aul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 24th day of October, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires J. MOHR
aorc
June 23, 2021 SOM 0"'DAW �"
J. Mohr, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. in testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this day of ,
D #Utry,,rrr
%i
��` a.--�?o•�% `, WESTERN SURETY COMPANY
_ +
L. Nelson, Assistant Secretary
Form F4280-7-2012
Go to www.cnasuretV.com > owner / oiitfgeef rigJ;es'> Validate Bond Coverage, if you want to verify bond authenticity.
' "1#1#r 1.1110
'r
Sanford Main WTP Improvements - Project Manual 00645-1
��������� ��������U�����
��������� ��������x�����
Name of Project: Sanford Main WTP Improvements
OWNER: ENGINEER:
City of Sanford CPH,Uno. - — -
300 N. Park Avenue 500 West Fulton Street
Sanford, Florida 32771 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 8aobon and any other Section, it is hanabv
noted that the requirements ofthis Section asamended shall prevail.
The successful Bidder will borequired bn provide,hothe 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 inSection OU85Oofthe Project SpecificmUono.
2. The Owner reserves the hght, aoconditions warrant, to modify orincrease insurance
requirements outlined below as may be determined by the Project, conditions and
3. The insurance |irnKu indicated beklvv and otherwise referenced are "minimum" hnnitm
acceptable tothe Owner. Also, all Contractor policies shall tVbe considered primary b]
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 oftheir officers, agents and employees as Additional Insured, except for
professional liability policies and workers compensation policies.
August 5, 2020 ���Insurance Requirements
Sanford Main WTP Improvements - PrNect Manual 00645-2
5.
6.
7.
8.
9.
10
Professional Liability Coverage, when applicable, will be defined on a case by case
basis.
Builder's Risk ("All RisK') insurance is required for all projects that include above grade
construction, installation of structures, pipeline installation, and for all projects where the
Contractor proposes to be paid for stored material.
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.
All limits are per occurrence and must include Bodily Injury and Property Damage.
All policies must be written on occurrence form, not on claims made form, except for
Professional Liability.
Self insured retentions shall not be allowed on any liability coverage.
11. In the notification of cancellation: The Owner and the Engineer shall 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 Contractor shall provide coverage as defined herein before and after and
are the responsibility of said Prime Contractor in all respects.
14.
15.
it.
Any changes to the coverage requirements indicated above shall be approved by the
Owner's Sanford Risk Manager.
Address of "Certificate Holder" and the Additional Insured Engineer are:
City of Sanford, Florida
Attention: Purchasing Manager
300 N. Park Avenue, Sanford, FL 32771
Phone: (407) 688-5028
Fax: (407) 688-5021
CPH, Inc.
Attention: Benjamin M. Fries, Vice -President
500 West Fulton Street, Sanford, FL 32771
Phone: (407) 322-6841
Fax: (407) 330-0639
bfries@cphcorp.com
bfriesl (@briahthouse.com
All certificates of insurance, notices, etc, must be provided to the above addresses.
August 5, 2020 Insurance Requirements
Sanford Main WTP Improvements - PrNect Manual 00645-3
17. The insurance requirements for this project GFRashd|ovva:
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
18. Certification
A. Khsnoted 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. Therefoma, the onus iaonthe Contractor
tOinsure that they have the insurance coverage specified bythe Owner 10meet all
contractual obligations and expectations ofthe Owner. Further, asthe Contractor's
insurance coverage is a matter between the vendor and its insurance carrier, the
Owner will turn to the Contractor for relief as o result ofany damages or alleged
damages for which the Contractor is responsible to indemnify and hold the Owner
harmless. |tigunderstood that the Contractor may satisfy relief tVthe Owner for
such damages either directly or through its insurance coverage; exclusions by the
insurance carrier not withstanding, the Owner will expect relief from the Contractor.
August 5, 2020 Insurance Requirements
Sanford Main WTP Improvements - Project Manual 00645-4
B. The Undersigned accepts and agrees to meet all of the insurance coverage
requirements, terms, conditions and certification(s) 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:
Sawcross, Inc.
Name of Contractor
10,970 NewBerlinRoad 14 Jacksonville Florida 32226
Address
Signature
Mark Hickinbotham, President
Printed Name and Title
City State Zip Code
END OF SECTION
August 5, 2020 Insurance Requirements
Christina Parker
From: Richard Lunsford <richanHunsford@usizom>
Sent: Thursday, January 7,2021 5:30 PM
To: K4arkHickinbotham
Cc: Debbie Shortz;Christina Parker,Stad Richter
Subject: RE: Sawzross-NOA`P&P Bonds, COI, Insurance Endorsement Form
Attachments: Sanford Main Water Treatment |MQUOTE 6217U912.pdf
w Provide builders risk in the amount the total Contract ($7,691,000) Are you ready to place the policy in effect,
and ifso, onwhat date would you like tomake iteffective? Quote attached.
• [0 expired 1/l/21— Provide updated [O| —Stad, please provide updated C0 for[PH
v Provide documentation that insurer has an A.M. Best rating of at least A -VII — See below and
attached. Travelers provides casualty insurances for Sawcross and Ohio Casualty(aka Liberty Mutual) will
provide Builders Risk. Both exceed their requirement.
* Provide confirmation that Umbrella covers Gen Liab and Worker Comp — Below shows General Liability insured
under Umbrella. Staci, do we have the endorsement back yet where they added WC as underlying?
The lraVe|ersIndemnity Company of America
AMB #:nwom NAIC #: 26666 FEIN ms86n20487
Domiciliary Address
Assigned minsurance companies that
One Tower Square
have, mour opinion, asuperior ability m
Hartford, Connecticut ne1oo
meet their ongoing insurance obligations.
United States
weu:mww.travclers.uon
Action:
Phone: 860-277-0111
----^--
Fax: 844-816-9447
AM Best Rating Unit: AMB it: 018674 - Travelers Group
Based on AM Best's analysis, 058470 - The Travelers Companies, Inc. is the AMB Ultimate Parent and identifies the topmost entity of
the corporate structure. View a list of operating insurance entities in this structure.
Financial Strength Rating View Definition
Rating:
x++ (Superior)
Affiliation Code:
gKrowp
Financial Size Category: xv($2Billion o,greater)
om/onx:
Stable
Action:
momeu
Effective Date:
November os.00mo
Best's Credit Rating Analyst
Rating Office: esBest Rating Services, Inc.
Senior Financial Analyst: Elizabeth elammo
Senior Director: Michael x. Lagomae:no.CFA, FIRM
We: See (he Disclosure information p*nnmPress Release
below for the office and analyst a/the tirmo,the rating
event,
1
The Ohio Casualty Insurance Company
AMB #: 002378 NAIC #: 24074 FEIN #: 310396250
Administrative Office View Additional Address Information
175 Berkeley Street
Boston, Massachusetts 02116
United States
Web: www.LibertyMutua[Group.com
Phone: 513-603-2400
Fax: 513-603-3179
AM Best Rating Unit: AMB #: 000060 - Liberty Mutual Insurance Companies
Assigned to insurance companies that
have, in Our opinion, an excellent ability to
meet their ongoing insurance obligations.
C<PA'
)�c0_l:T_rt>
Based on AM Best's analysis, 051114 - Liberty Mutual Holding Company Inc. is the AMB Ultimate Parent and identifies the topmost
entity of the corporate structure. View a list of operating insurance entities in this structure.
Financial Strength Rating View Definition
Rating:
A (Excellent)
Affiliation Code:
p (Pooled)
Financial Size Category: XV ($2 Billion or greater)
Outlook:
Stable
Action:
Affirmed
Effective Date:
June 26, 2020
Best's Credit Rating Analyst
Rating Office: A.M. Best Rating Services, Inc.
Senior Financial Analyst: Elizabeth Blamble
Director: Jennifer Marshall, CPCU, ARM
Note, See the Disclosure information Form or Press Release
below for the office and analyst at the lime of the rating
event,
UMBRELLA
POLICY NUMBER: CUP -3P241683-21-26 ISSUE DATE: 12/11/202
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE
Commercial General Liability
Carrier THE TRAVELERS INDEMNITY
COMPANY OF AMERICA
Policy Number Co- 3P199789 -21
Policy Period
From: 01/01/2021
to: 01/01/2022
Automobile Liability
Carrier THE TRAVELERS INDEMNITY
COMPANY OF AMERICA
Policy Number 810-003P115918-21
Policy Period
From: 01/01/2021
to: 01/01/2022
IMS301=1
General Aggregate $2,000,000
Products -Completed $2,000,000
Operations Aggregate
Personal and
Advertising Injury $1,000,000
Each Occurrence $1,000,000
Limits Of Liability
Bodily Injury And Property $1,000,000
Damage Combined Single
Limit
N
From: Mark Hicknbothano<nnarkh@savvmross.comx
Sent: Thursday, January 7,2O215:O4PK4
To: Richard Lunsford <richard.lunsford@usi.com>
Cc: Debbie Shortz <debbies@sawzross.com>;Christina Parker <chrbtnap@sawcross.com>
Subject: Fwd: Sawcross- NOA, P&P Bonds, COI, Insurance Endorsement Form
go
Please review and comment.
MarkHicNnbothonn
904-545-0797
From: Drew HicNnbothom
5ent:Thursday, January 7,2O21,4:58PK4
To: Mark Hickinbothann;Christina Parker
Subject: Fwd: 5awcross-NOA,P&P Bonds, COI, Insurance Endorsement Form
See below.
Drew HidkinbothanxProject Manager
Cell: (9U4)8O3-1O98
10970 New Berlin Road
Jacksonville, FL32226-J27D
From: Nasso,Rocco R.(P.E]
Sent Thursday, January 7,2O224:35:3OPM
To: Christina Parker <
Cc: Drew Hickinbotham <drewh@sawcross.con'i>
RE: Sawcross-NOA,P&P Bonds, COI, Insurance Endorsement Form
Chrbtina—|hadafewcomrnent onthe COL | forwarded ittothe City for additional review and |anowaiting ona
reply. Please see the following:
• Provide builders risk inthe amount the total Contract ($7,G91/)OO)
m COI expired 1/1/21—Provide updated COI
° Provide documentation that insurer has an A.M. Best rating of at least A -VII
• Provide confirmation that Umbrella covers Gen Liaband Worker Comp
I will send any comments from the City if received. Please don't hesitate to call if you have questions.
Thank you.
Rocco Nesso,P'E.
CPH
Phone: 407-322-G841x1O18
Cell: 407-474-0692
From: Christina Parker
Sent: Tuesday, January 05, 2021 13:11 RM
To: Nasso, Rocco R. (P.E.)
Cc: Drew Hickinbodl m
Subject: Sawcross- NOA, P&P Bonds, COI, Insurance Endorsement Form
Hi Rocco,
Please find the attached required documents asrequested. The signed original P&P Bonds with the COI should arrive in
your office by today, and the Insurance Endorsement& Requirement forms will be mailed out today. P|ease|etme
know ifyou require anything else.
Thank you,
Christina Parker |PrecomstructionServices |Savvcross'Inc.
CGCO362O3| E8846S/CMC OS6728|CFC 1427748PCC 1256908/CUC056787
lO97ONew Berlin Road, Jacksonville, FL32226-227DOffice: (VO4)7Sl-75OOext. llU}Fax: (9O4)75l-O6OO
Website: { 8|d Room: � Project
Access:
1111�A|SAWCRDSS
This e-mail and any files transmitted with it may contain confidential and/or privileged material. This e-mail is intended
solely for the use ofthe individual orentity towhom it isaddressed. |fyou are not the intended recipient orhave
received this e-mail in error, please notify the sender by replying to the sender. After notifying the sender of the error,
you should immediately delete this e-mail from your system. Please be aware that any unauthorized disclosure,
dissemination, distribution, duplication or use of the e-mail contents or any attachments therein isstrictly prohibited.
Client#: 1025198
SAWCRINC
ACORD,, CERTIFICATE OF LIABILITY INSURANCE
DATE 1/1(MMIDD (MM/DDIYYYY)
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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
USI Insurance Services LLC
CONTACT Staci Richter
NAME:
PHONE 904-450-4717 FAX 877-775-0285
A/C, No Ext): A/C, No
4600 Touchton Rd
ADDRESS: staci.richter@usi.com
Building 100, Suite 2755'
Jacksonville, FL 32246
INSURER(S) AFFORDING COVERAGE
NAIC#
INSURER A: Travelers Indemnity Co of America
25666
INSURED
INSURER 13: Travelers Property Cas. Co. of America
25674
Sawcross, Inc.
INSURER C: Bridefield Casualty insurance Company
10335
10970 New Berlin Road
Jacksonville, FL 32226
INSURER D: Ironshore Specialty Insurance Co
25445
INSURERE:
PREMKST0(Eao.TurrDence) $300000
INSURER F:
X
COVERAGES CERTIFICATE NUMBER: REVISION 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 CONTRACTOR 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
ADDL
INSR
SUBR
WVD I
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
DTC03P199789TIA21
1/01/2021
01/01/2022
EACH OCCURRENCE $1,000,000
CLAIMS -MADE � OCCUR
PREMKST0(Eao.TurrDence) $300000
MED EXP (Any one person) $5,000
X
Blanket Add'I Ins.
PERSONAL &ADV INJURY $1,000,000
X
Blanket Waiver
GEN'LAGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE $2,000,000
PR
POLICY 1 ^I ECOT —1 LOC
PRODUCTS - COMP/OPAGG $2,000,000
$
OTHER:
A
AUTOMOBILE LIABILITY
X
_
X
_
'8103P1159182126G
1/01/2021
01/01/202
_
(EaacccdentsINGLELIMIT $1,000,000
X ANY AUTO
BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS
w HIRED NON -OWNED
X AUTOS ONLY X AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE �$
Per accident
PIP $10,000
B
X
UMBRELLA LIAR
I X
OCCUR
CUP3P2416832126
01/01/2021,
01/0112022
EACH OCCURRENCE j $5,000,000
AGGREGATE $5,000,000
EXCESS LIAB
CLAIMS -MADE
DED I X RETENTION $10,000
$
_
C
WORKERS COMPENSATION
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICER/MEMBER EXCLUDED? �
(Mandatory in NH)
N / A
19649974
1/01/2021
01/01/202
PER
X
E.L. EACH ACCIDENT $500,000
E.L. DISEASE - EA EMPLOYEE $500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT $SOO,OQO
B
Installation
QT6304P360215TIL
1/01/2021
01/01/202
$2,000,000
D
Pollution Liab.
T1
I.
004320900
2/07/2020
02/07/2021
$1,000,000
B
Leased/Rented E u
QT6304P360215TIL
01/01/2021,01/0112022-
$500,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: IFB #19/20-30, Project: Sanford Main WTP Improvements.
The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement
that provides Additional Insured status to City of Sanford (The owner), the Owner's Representative, CPH,
Inc. (the Engineer), Architect, and their consultants, and each of their officers, agents, and employees,
only when there is a written contract that requires such status, and only with regard to work performed on
(See Attached Descriptions)
City of Sanford, Florida
Attn: Purchasing Manager
300 N. Park Avenue;
Sanford, FL 32771
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
U 1988-2015 ACORD CORPORATION. All rights reserved.
I DESCRIPTIONS (Continued from Page 1)
behalf of the named insured. The General Liability and Automobile Liability policies contains a special
endorsement with Primary and Noncontributory wording, when required by written contract.The General
Liability policy includes a Waiver of Subrogation endorsement in favor of additional Insureds as referenced
above.
SAGITTA os.3pn nmo 2 of
ENDORSEMENTS
J~ W1
TRAVELERSJ
One Tower Square, Hartford, Connecticut 06183
CHANGE ENDORSEMENT
INSURING COMPANY:
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Named Insured: SAWCROSS, INC.
Policy Number:
Policy Effective Date:
Policy Expiration Date:
Issue Date:
NIL Premium $
CUP -3P241683-21-26
01/01/2021
01/01/2022
01/11/2021
0.00
Effective from 01/01/2021 at the time of day the policy becomes effective.
THIS INSURANCE IS AMENDED AS FOLLOWS:
On the Excess Follow -Form and Umbrella Declarations,
the following changes have been made:
The Schedule of Underlying Insurance has changed
The following forms and/or endorsements is/are included with this change.
These forms are added to the policy or replace forms already existing
on the policy:
EU 00 03 08 18
IL TO 07 09 87
NAME AND ADDRESS OF AGENT OR BROKER
USI INS SERVICES LLC
4600 TOUCHTON RD BLDG 100 STE 27
JACKSONVILLE
Countersigned by
Authorized Representative
FL 32246 DATE: 01/11/2021
IL TO 07 09 87 (Page 1 of 1 ) Office: ORLANDO FL
POLICY NUMBER: CUP -3P241683-21-26
EFFECTIVE DATE: 01/01/2021
ISSUE DATE: 01/11/2021
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY LINE OF BUSINESS
* IL TO 07 09 87
* IL T8 01 01 01
UMBRELLA / EXCESS
EU
00
02
09
20
* EU
00
03
08
18
EU
00
01
07
16
EU
02
34
07
16
EU
03
22
08
18
EU
03
35
08
18
EU
03
46
08
18
EU
01
44
07
16
EU
00
07
07
16
EU
02
09
08
18
EU
02
16
08
18
EU
03
12
10
20
EU
03
31
08
18
EU
03
44
08
18
EU
03
48
08
18
EU
03
63
08
18
EU
00
38
07
16
INTERLINE ENDORSEMENTS
CHANGE ENDORSEMENT
FORMS ENDORSEMENTS AND SCHEDULE NUMBERS
POLICY DECLARATIONS EXCESS FOLLOW -FORM AND UMBRELLA
LIABILITY INSURANCE POLICY
SCHEDULE OF UNDERLYING INSURANCE
EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE
AMENDMENT OF COVERAGE - DEFINITIONS
CONSTRUCTION IDENTIFIED HAZARDS EXCLUSIONS - COVERAGE
B
FUNGI OR BACTERIA EXCLUSION - COVERAGE B
NON CUMULATION OF OCCURRENCE LIMIT
COVERAGE FOR FINANCIAL INTEREST IN FOREIGN INSURED
ORGANIZATIONS
CAP LOSSES - CERT ACTS TERRORSM AND EXCL
NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) -
COVERAGES A AND B
POLLUTION NOT RELATED TO AUTOS EXCLUSION WITH LIMITED
EXCEPTIONS - COVERAGE A
AIR LIAB EXCL-SERV FOR HIRE LTD EXCEPT
DISCRIMINATION EXCLUSION - COVERAGE B
LEAD EXCLUSION - COVERAGE B
POLLUTION LOSS, COST OR EXPENSE EXCLUSION - COVERAGE A
SILICA OR SILICA -RELATED DUST EXCLUSION - COVERAGE B
FLORIDA CHANGES - CANCELLATION AND NONRENEWAL
IL T3 20 05 19 NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US
IL T3 68 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE
IL T4 05 05 19 DESIGNATED PERSON OR ORGANIZATION - NOTICE OF
CANCELLATION PROVIDED BY US
* TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE.
IL T8 01 01 01 PAGE: 1 OF 1
POLICY NUMBER: CUP -3P241683-21-26
UMBRELLA
ISSUE DATE: 01/11/2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF UNDERLYING INSURANCE
This endorsement modifies insurance provided under the following:
EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE
Employers Liability
Carrier BRIDGEFIELD CASUALTY INSURANCE
COMPANY
Policy Number196-49974
Policy Period
From: 01/01/2021
to: 01/01/2022
Commercial General Liability
Carrier THE TRAVELERS INDEMNITY
COMPANY OF AMERICA
Policy Number CO-3PI99789-21
Policy Period
From: 01/01/2021
to: 01/01/2022
Automobile Liability
Carrier THE TRAVELERS INDEMNITY
COMPANY OF AMERICA
Policy Number 810-003P115918-21
Policy Period
From: 01/01/2021
to: 01/01/2022
Limits Of Liability
Bodily Injury By Accident $500,000
Each Accident
Bodily Injury By Disease $500,000
Policy Limit
Bodily Injury By Disease $500,000
Each Employee
Limits Of Liability
General Aggregate $2,000,000
Products -Completed $2,000,000
Operations Aggregate
Personal and $1,000,000
Advertising Injury
Each Occurrence $1,000,000
Limits Of Liability
Bodily Injury And Property $1,000,000
Damage Combined Single
Limit
PRODUCER:USI INS SERVICES LLC OFFICE:ORLANDO FL 856
EU 00 03 08 18 @ 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of
-- -
�.
r�-
From: Gantt, James
Sent: Tuesday, January 19, 2021 127 PM
To: Dndonaz, Mariso|;[heek, Denver; Fosson, Fred
Co: Cheek, Denver
Subject: RE:SawcnVss NDA, 98!P Bonds, C01, Insurance Endorsement Form
Good afternoon Marisol,
I have reviewed per your request. Both the Builder's Risk and Umbrella policies are fully compliant with City of Sanford
insurance requirements.
Please let us know if you need anything else.
no
liames Gantt
Risk Management Administrator
CITY OF
S,�MFORD
FLORIDA
From:Dndonez K4ariso|«MarboiOrdonez@8anfordf1gov»
Sent: Thursday, January 14,2O214:55PIVI
To: Gantt, James ^Jannes.Gantt@SanfordU.gnv>; Cheek, Denver «Denver.[heek@SanfnrdO.gov>;Foason,Fred
«FRED.FOSSON@Sanfordf).gov>
8u[ject:FVV:Savvcrosx'NOA,P&'P8nnds,CO|,|nsuranceEndorsementForm
Hello gentlemen. The following documents are for a 7.6 million dollar project that CPH is
working on for the City. Can someone please review the BOM062170912 form, which is Om
Builders Risk Insurance? Please advise if the Builder Risk Insurance is accurate based on the
below requirements. I aDlnot familiar with the builders risk policy and need your
expertise. Can you also verify the Umbrella Policy? Thank you.
1
Worker's CotpppnsAtfpij
Certificates of exemption are not acceptable in lieu of workers
compensation insurance
Commercial General Liability
The coverage shall include bodily injury liability, Properly Damage
fiability; Personal Injury liability and Advertising injury liability
Coverages shall include: Premises/Oper-ations; ProductsfCompleted
Operations; Contractual liability; Independen(Contractors, Explosion;
Collapse: Underground
Shall include "Any Auto' or shall include all of the following: owned,
leased, hired, non -owned autos. and scheduled autos.
Builder's Rl k Risk for construction cos
The coverage shall include theft, sinkholes, off-site storage. transi
installation and equipment breakdown. Permission to occupyshall
included and the policy shall be endorsed to cover the interest of a
parties, inctuding the Owner, the Engineer, all contractors an]
subcontractors, their consultants, agents, representative an,
employees .
K4arbo|Ondofiez,Purchasing Manager
City ofSanford
Finance'PurchasingDivision
Tel 407.688.5028
Email Marisol.ordoiiez(@sanfordfl.gov
NANFORD
FLORIDA
From: Nasso, Rocco R. (P.E.)
Sent: Wednesday, January 1S 20214:30 PM
To: Ordonez,K8ahso|
Cc: Boiadzijev,Lindsey
Subject: FW: Sawcross- NOA, P&P Bonds, COI, Insurance Endorsement Form
Employer`s Liability: $1,000,000
Each Accident: $1,000,000
Disease., $1,000,000
I 14 11
111111 lot
Combined Single Limit: $1,00(
Marisol — attached is the revised COI for your review along with additional backup information provided by the
Contractor asdiscussed. Hard copies of NOA, Bonds, Agreement, and attached insurance docs will be delivered
tomorrow ifyou have nocomments/revisions tothe attached. Please review the attached Builder's Risk policy orhave
the City Risk Manager review toconfirm there are noadditional comments.
Thankyou
Rocco Nasso, P.E.
CPH
Ala
[On- 11M.119MIFEEN, A * Jim,
From: Christina Parker
Sent: Wednesday, January 13,20218:40AM
To: NaFSo, Rocco R. (P.E.)
Cc: OrewHicNnbotham; MarkHkcWnbotham
Subject: RE: Sawcross- NOA, P&P Bonds, COI, Insurance Endorsement Form
Good Morning Rocco,
I have attached the current COI as well as the Insurance Rating Documentation from the insurance company, the
recorded bonds (still needs the date to be inserted), the BR policy, and the Endorsement to the Umbrella Policy. Please
let n)eknow ifyou need anything else.
Thank you,
Christina Parker � PyeconstrVcfkon Services � SaVVc[oss, Inc.
CGCO36203iE8B465|CMC [56728|CFC l427748|PCC l2569A8|CUC[56787
lO97ONew Berlin Road, Jacksonville, FL32226-2270|Office: /9O4>75l-75OOext. ll0|Fax: (904)75l-O60O|
Website: | Bid Room: �Project
Access:
1LA|SAWCRU3SS
From: Nasso,Rocco R.(P.E.)
Sent: Thursday, January 7,2D214:36PM
To: Christina Parker
Cc: Drew Hickinbothann
Subject: RE: Savvcrnss-NOA,P&P Bonds, COI, Insurance Endorsement Form
Christna—|hadafewcomment nnthe COL | forwarded ittothe City for additional review and |emwaiting ona
reply. Please see the following:
• Provide builders risk inthe amount the total Contract ($7,69l0OO)
w COI expired 1/1/21—Provide updated COI
° Provide documentation that insurer has an A.M. Best rating of at least A -VII
• Provide confirmation that Umbrella covers Gen Liaband Worker Comp
I will send any comments from the City if received. Please don't hesitate to call if you have questions.
Thank you.
Rocco Nasso,P.E.
CPH
Phone: 4O7-322-8841x1D18
Cell: 407-474-0692
From: Christina Parker
Sent: Tuesday, ]anuaryOS, 2021 12:11 PM
To: Nasso, Rocco R. (P.E.)
Cc: Drew Hickinbothann
Subject: Savvcnoss-NDA, P&P Bonds, COI, Insurance Endorsement Form
Hi Rocco,
Please find the attached required documents as requested. The signed original P&P Bonds with the COI should arrive in
your office bvtoday, and the Insurance Endorsement & Requirement forms will be mailed out today. Please let me
know ifyou require anything else.
Thank you,
Christina Parker | P[ecoOshUctionSe[Vices |Sawc[oss, Inc.
CGCU36203|EB8465|CMC O56728|CFC l427748|PCC |2569O8|CUCO56787
lO97DNew Berlin Road, Jacksonville, FL32226-2270|Office: /qO4>75l-75O0exi.1101Fax: (9O4)75l-06DO|
Website: | Bid Room: | Project
LASAWCROSS
CAUMN: This email originated from "outside" the
organization. Do not click links or open attachments
unless you recognize the sender and know the content
is safe.
Bond No.: 30111409
KNOW ALL MEN BY THESE PRESENTS: That we(1) Sawcross, Inc., 10970 New Berlin Road
Jacksonville, FL 32226 (904) 751-7500 o
(2) Corporation organized under the laws ofthe State of Florida
and regularly authorized to do business in the State of Florida asthe Principal, hereinafter
called the Contractor, and (3) Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117
(800) 331-6053 o(2) Corporation
organized under the laws of the State of South Dakota and regularly authorized to do
business inthe State OfFlorida asSurety, hereinafter called the Surety, are held and firmly 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) Eight MilliFour Hundred Si
Thousand One Hundred and 00/100 Dollars ($ 848010000 in
lawful money of the United States, for the payment of which sum well and truly to be made unto
the said Ovvner, we, the Contractor and 8ureb/, bind oumm|vao, eucceaeoro, heira, executors,
administrators and assignees, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION iosuch that whereas, the Contractor has entered into
o written Agreement (including all associated Contract Documents rewed
Agreement may beamended from Urne-tV'tinne) with the Owner dated,.
2020 for the work designated as the Sanford Main WTPymxprovementm 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 Main WTP Improvements Project is "briefly' described as follows:
• A"new^ 2 -story Main WTP Operations Building to include an Operations Center Control
room, meeting/breakroom, laboratory, administrative offices, high service pumping room,
restrooms, reception area, electrical and mechanical rooms, chemical storage rooms, etc.
• Installation ofpumping, piping,valving and metering systems.
• Installation ofchemical feed, storage and pumping
• Electrical, controls and instrumentation system improvements.
• Diesel engine driven generator with weatherproof enclosure.
• SC/\OASystem modifications.
(1) Contractor Name and Address
(3) Surety Name and Address
(2) Sole Proprietor, Partnership, or Corporation
(4) 110 percent of the Contract
Obligee'Information:
3701
37O1CountryClub Road
1 City of Sanford
Gan�nj FL
3OONm�hPorh/��nua
'
Sanford, FL32771
(407) 668-5000
� Facility wall, fencing and security systems.
�
Lighting systems.
�
Site vvork, yard piping' stoVnvveter management system and plant internal roadway
improvements, signage, and miscellaneous appurtenances and ancillaries.
�
Landscaping, sodding and facility irrigation system.
�
Demolition oftwo on-site buildings (the existing VVTPoperations/pumping building and the
one-story office building) and all associated infrastructure and the legal disposal of all
demolished materials after the new Main WTP Operations Building is constructed and all
systems and equipment have passed demonstration tests and are operational.
�
Miscellaneous appurtenances and ancillaries.
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.
NOWTHEREFORE, the condition nfthis obligation issuch that ifthe Contractor:
1. Promptly and faithfully performs itduties with respect tothe Contract onhis (ita) part, and
satisfies all covenants, terms, conditions and agreements incurred by the Contractor in the
performance of said Agreement COntraot, during the original honn 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
bvreason mfthe failure ufthe Contractor todoso; and
3. Fully reimburse and repay hothe Owner all costs, losses, damages (liquidated uroctua|\.
expenses, costs and feeds, including costs and fees Dnappeal 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 nnmintenanoe, repairm, or replacements for any period of time after the work is
completed, |fprovided 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 8uroty, jointly and oavanaUy. expressly guarantee that all
materials furnished and workmanship performed under the Contract and inthe construction ofthe
work shall fulfill all requirements ufthe Contract and the Contract Documents with respect bothem.
This bond shall remain in effect for o period of two (2) years from the date of Final Project
Acceptance by the Owner.
IT IS HEREBY STIPULATED AND AGREED that any suit based upon any default Vfthe Contractor
in fulfilling his obligations to furnish rnaintenence, nepmire, 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 ofthe time specified inthe Contract during which the Contractor
has agreed tofurnish such maintenance Vrmake such repairs or replacements.
THE SAID SURETY, for value received, hereby stipulates and agrees that its obligations henaunder
shall bedirect and immediate and not conditional or contingent upon the Owner's pursuit ofits
remedies against the Contractor, shall remain in full force and effect notwithstanding:
1. Amendments or modifications bothe Agreement entered into bvOwner and Contractor
without the Surety's knowledge or consent;
2. Waivers ofcompliance with orany 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 aresult 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
moaresult ofany such proceeding.
THE SAID SURETY, for the value received, hereby stipulates and agrees that any changes in or
under the Agreement and Contract Ooournanto 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, a|h3ngU0n 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 aho||
increase o, decrease in accordance with Change Orders (unilateral and bilateral) or other
modifications tOthe Agreement and Contract Documents.
THE COVERAGE OF THUS PERFORMANCE BOND is^ with each and every obligation
ofthe Contractor under the above referenced Agreement and the Contract Documents ofwhich
the Agreement is a part.
IN THE EVENT that the Contractor shall fail ho perform any mfthe terms, covenants and conditions
of the Agreement and the Contract Documents of which the Agreement is a part during the period
inwhich this Performance Bond isineffect, the Surety shall remain liable bothe Owner for all such
loss or damage.
IN THE EVENT that the Surety fails hofulfill 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.
THE SURETY STIPULATES and agrees that its obligation istoperform the Contractor's work
under the Agreement under the Bond. The following shall not beconsidered performance under
the Bond:
1. Surety's financing ofthe Contractor, under the Bond, tokeep 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. Tofully takeover performanceofthe Contractor's Work under the Agreement inaplenary
manner and be the oonup|eUnQ 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 VVnrh to o oornpknUng 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 inthe Agreement. |nany event, the Contractor's Contract Time
is of the essence and applicable delay damages are not waived by Owner.
THE SURETY, forvauereceived, hereby stipulates and agrees that its obligations hereunderohaU
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 orconsent;
2. Waivers of compliance with ormay default under the Agreement granted by the Owner to
the Contractor without the Surety's knowledge or consent; or
3. The discharge ofthe Contractor from its obligations undertheAoreenlentaeereeu|tofmny
proceeding initiated under the bankruptcy |avvG 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.
Any changes in or under the Agreement and compliance or noncompliance with any formalities
connected with the Agreement orthe changes therein shall not affect Surety's obligations undgr
this Bond and Surety hereby waives notice ofany such changes. Further, Contractor and Surety
acknowledge that the Sum of this Bond shall inonaoae or daonaane 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 ob1igaUon, in whole or port, ahu|| not, in any way or to any extent, limit or interfere with
the rights and benefits ofthe 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
THUS BOND is intended to comply, at a minimum, with the requirements of Section 255.05, Florida
8tetutoa, as amended, and mddiUona|k/, to provide common law rights more expansive than as
required by statute; provided, however, that the Owner shall he 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 i of which
shall be deemed an original, this the day of. 2020.
Cont�aetor�s Secretary
F[8nCesH|ck|Ohotha0
Typed Name
(CORPORATE SEAL)
Christina Parker
Typed Name
Contractor
By (Signature
Mark Hickinbotham, President
Typed Name and Title
10970 New Berlin Road
Address
Jacksonville, FL 32226
City, State, Zip
(904) 751-7500 (904) 751-0600
Telephone No. FAX No.
ATTEST:
(Surety) Secretary
.'Typed Name
`
(CORPO
wiw*6&�s to Surety
April L. Lively
Typed Name
Witness a� to Surety
Kelly Phelan
Typed Name
Western Surety Company
Surety
(800) 331-6053 (605) 335-0357
Telephone No. FAX No.
J h, b::�
Attorney! -in -Fact & FL LicJensed Resident Agent
Allyson Foss Wing
Typed Name Agent Guign8rdConnpony
19O4Boothe Circle, Longwood, FL3275O
Inquiries: (407) 834-0022
P.O. Box 5077
Address
Sioux Falls, SD 57117
City, State, Zip
(800) 331-6053 (605) 335-0357
Telephone No. FAX No.
NOTE: The date ofthe Bond must not baprior todate ofthe 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 oobo
all such parties.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury
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: Acertified copy ofthe appointing individual Attorney -in -Fact for
execution ofthe Performance Bond onbehalf ofSurety.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Bryce R Guignard, Christine A Morton, Paul J Ciambriello, Deborah Ann DeFoe, M Gary
Francis, April L Lively, Jennifer L Hindley, Margie L. Morris, Allyson Foss Wing, Kelly Phelan,
Individually
of Longwood, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 24th day of October, 2019.
WESTERN SURETY COMPANY
��uaerro
wqt pP4R,q``�3�tis
k CA,
ArPaul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 24th day of October, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WES'T'ERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires J. MOHR
NOTMYPUSM
June 23, 2021
ISSOUTHDAYM
J. Mohr, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this clay of
Q; EtN' ,
s'QgP0/f,
l
x
Form F4280-7-2012
WESTERN SURETY COMPANY
L. Nelson, Assistant Secretary
Go to www.cnasuret .cam > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
1111! 1111,111111 L91711I
Bond No.: 30111409
SaVxcrOSs. Inc., 10970 New Berlin Road
KNOW ALL MEN BY THESE PRESENTS: That we(1)Jacksonville, FL32226(904) 751-7500
a /2\ Corporation organized under the |evva of the State of Florida
and regularly authorized to dm business in the State of Florida as Principa|, and we (3)_
Western Surety Company*a /2\ Corporation organized under the laws ofthe State
of South Dakota and regularly authorized bndo business in the State ofFlorida mo Bunaty,
are held and firmly bound unto the City of Sanford. Florida hereinafter oo|ied the Owner in
accordance with a Contract hereinafter referred to, iOthe full and just sum of (4)
Eight Million Four Hundred Sixty Thousand One Hundred and 00/100 [}u||aro
/$ in lawful money of the United States, for the
payment ofwhich sum well and truly tDbemade unto the said Owner, vvebind ourselves, our heirs,
exaoutoro, adminiotnatore, successors and assignees, jointly and aevera||y, firmly by these
presents.
WHERREAJS, the said Contractor has entered into a written Agreement (including all
associated contractdocuments relatedth d as the Agreement may be amended from time -
to -time) with
o entnlaybemnnendedfnomUme-
h}-tinne\vvith the Owner dated ,2D2U,ocopy of which may behereto
attached' but. in any event' is maintained in the records of the C}vvner. said Agreement being
hereby made o port hereof by this reference thereto as if fully set forth herein verbatim, said
Agreement being entered generally for the construction of the SanfordMain VV7P Improvements.
The Sanford Main WTPImprovements Project is described aafollows:
m A^nevv Main VVTP Operations Building to include an Operations Center Control
room, rnoeUno/breohroonl, laboratory, administrative offices, high service pumping noorn`
restpoO[Os' reception area, electrical and mechanical rooms, chemical storage hJonls' etc.
�
Installation of pumping, pipinQ, valving and metering systems.
�
Installation ofchemical feed, storage and pumping systems.
� Bactrioa|, controls and instrumentation oyotann improvements.
�
Diesel engine driven generator with weatherproof enclosure.
(1) Contractor (3) Surety
(2) Sole Proprietor, Partnership or Corporation (4) 110 percent of the Contract
Project Address:
J7O1Country Club Road
Sanford, FL32771
|nfbmmot�n�'
1 Obligee
City ofSanford
3OONorth Park Avenue
Sanford, FL32771
(407) 668-5000
°P.[).Box 6O77
Sioux Falls, 8[)57117
• 8CAD&System modifications.
• Facility wall, fencing and security systems.
• Lighting systems.
• Site vvorh, yard pipinQ, abonnxvoter rnmnogennant ovatenn and plant internal nomdvvoy
improvements, signage, and miscellaneous appurtenances and ancillaries.
• Landscaping, sodding and facility irrigation system.
• Demolition of two on-site buildings (the existing WTP operations/pumping building and the
one-story office building) and all associated infrastructure and the legal disposal of all
demolished materials after the new Main VVTPOperations Building isconstructed and all
systems and equipment have passed demonstration tests and are operational.
• Miscellaneous appurtenances and ancillaries.
NOW, THEREFORE, the condition of this obligation is such that if the Contractorshall 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 aho|| fully reimburse and repay to the Owner all omato, damogea, 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 |ahor,
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
Contrgct, then this obligation shall be null and void, otherwise it shall nennm{n infull force and effect
subject, however, tothe 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 aofor other intents and purposes for the
benefit ofthe 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 |ubor, nnmbaho|a, orsupplies for
the prosecution of the work, furnish the Contractor with a notice that he or she intends to
look b]this Bond for protection. A claimant who is not in privity with the Contractor and who
hos not received payment for his or her labor, rnoteria|e, mrsupplies shall deliver tothe
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
torental equipment, not later than ninety (SO)days after the date that the rental equipment
was last onthe job site available for use. Claimant shall deliver b}the Contractor and h)the
Surety written notice of the performance of the labor or delivery of the materials or supplies
and of the nonpayment. No action for the \abor, nnabsho|e or supplies may be instituted
against the Contractor or the Surety on the bond after one year from the performance of
the labor Orcompletion mfthe delivery Cfthe materials Orsupplies.
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 Vfits remedies against the C:ontractor, shall remain in full force and effect
notwithstanding:
e. Amendments or modifications to the Agreement entered into by the Owner and
Contractor without the Surety's knowledge Orconsent;
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 ofthe Contractor from its obligations under the Agreement 000result
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 orthe changes therein
shall not affect the Surety's obligations under this Bond and the Surety hereby waives
notice ofany 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) orother modifications tothe Agreement. The Contractor may have obligations hz
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 ofthe Owner under this Bond.
THE OWNER may sue onthis 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 ofeach, are
separate and distinct from each other and the Owner shall be entitled to the totality ofrights and
benefits from all such documents.
IN ADDITION, the Contractor and Surety, jointly and severally, enpreashguarantee that the Owner
will beheld harmless from any liens, claims, demands orobligations inconjunction vxithnmatehaka
orservices provided with respect bothis Contract. This Bond shall remain imeffect for a period
of two (2) years from the date of Final Project Acceptance by the Owner.
THE SURETY shall be bound by any and all alternative dispute resolution awards and settlements
hothe same extent naContractor iebound.
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 instrume t.' executed in several counterparts, each one of which
shall be deemed an original, this the day of el-eNj2eA�- 2020.
ATTEST:
(Cone Secretary
Frances Hickinbotham
Typed Name
(CORPORATE SEAL)
Witness to Contractor
Christina Parker
Typed Name
-Wffness to Contractor
Drew Hickinbotham
Typed Name
Sawcross, Inc.
(Contractor)
By (Signature)
Mark Hickinbotham, President
Typed Name and Title
10970 New Berlin Road
Address
Jacksonville, FL 32226
City, State, Zip
(Surety) Secretary
Typed Name
`
April L. Lively
Typed Name
Kelly Phelan
Typed Name
Western Surety Company
.(800) 331-6053 (605) 335-0357
Telephone No. FAX No.
Allyson Foss Wing
Typed Name Agent: Gu' Oa[dCOFnpany
18O4Boothe Circle, Longwood, FL3275O
Inquiries: (407) 834-0022
P.O. Box 5077
Address
Sioux Falls, SID 57117
City, State, Zip
(800) 331-6053 (605) 335-0357
Telephone No. FAX No.
NOTE: The date of the Bond must not be prior to date of the Agreement. Kthe Contractor
is o joint ventuna, all venturers shall execute the Bond. If the Contractor is
partnership, all partners shall execute the Bond. The Surety's obligations run aato
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: Acertified copy ofthe Poxver-of-Attorneyappointing individuaiAttorney-in-Fact for
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Bryce R Guignard, Christine A Morton, Paul J Ciambriello, Deborah Ann DeFoe, M Gary
Francis, April L Lively, Jennifer L Hindley, Margie L. Morris, Allyson Foss Wing, Kelly Phelan,
Individually
of Longwood, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 24th day of October, 2019.
"W. -.WESTERN SURETY COMPANY
suacr
0qq
om40 rte:=�
S�rM Ol+� P.
aul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 24th day of October, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires bgOtiR
June 23, 2021 HDA1"" • �r/�� �����`
J. Mohr, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seat of the said corporation this day of ,
WESTERN SURETY COMPANY
�?%, 0 *...
= W tRp jam_ pv
lx�
A
C <,
m�rN
L. Nelson, Assistant Secretary
Form F4280-7-2012
Go to www.cnasurety.com > owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
GGUIGNARD
AN Aid UNCOMMON BOND
December 28, 2020
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Authority to Date Bonds and Powers of Attorney
Principal: Sawcross, Inc.
Bond Na: 30111409
Project: Sanford Main WTP Improvements
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on
your behalf for this project, we hereby authorize you to date the bonds and the
powers of attorney concurrent with the date of the contract agreement.
Once dated, please send a copy of the dated bonds to our office.
Best regards,
Western Surety Company
Atplq ))� '
Allyson Foss Wing
Attorney -in -Fact
1904 Boothe Circle I Longwood, FL 32750
Policyholder Information
Named Insured & Mailing Address Agent Mailing Address & Phone No.
SAWCROSS, INC. (855) 874-0774
10970 New Berlin Rd USI INSURANCE SERVICES LLC
Jacksonville, FL 32226 2400 E COMMERCIAL BLVD STE 600
FT LAUDERDALE, FL 33308-4050
Dear Policyholder:
We know you work hard to build your business. We work together with your agent,
Your USI INSURANCE SERVICES LLC (855) 874-0774
Commercial to help protect the things you care about. Thank you for selecting Documents 9 us.
Enclosed are your insurance documents consisting of:
• Commercial Inland Marine
To find your specific coverages, limits of liability, and premium, please refer to your
Declarations page(s).
If you have any questions or changes that may affect your insurance needs, please
contact your Agent at (855) 874-0774
Air-Im Verify that all information is correct
If you have any changes, please contact your
Agent at (855) 874-0774
Reminders In case of a claim, call your Agent or 1-844-325-2467
You Need To Know
- CONTINUED ON NEXT PAGE
To report a claim, call your Agent or 1-844-325-2467
M. 70 17.0 fil AR
You Need To Know - continued
NOTICE(S) TO POLICYHOLDER(S)
The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The
Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or
conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you
read your policy carefully to determine your rights, duties and what is and is not covered.
FORM NUMBER TITLE
CN190 11 07 18 Reporting A Commercial Claim 24 Hours A Day
NP 72 42 02 20 Terrorism Insurance Premium Disclosure And Opportunity To Reject
NP 74 44 09 06 U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory
Notice to Policyholders
NP 89 69 11 10 Important Policyholder Information Concerning Billing Practices
SN104 01 01 20 Liberty Mutual Group California Privacy Notice
SN109 02 06 16 Risk Control Services - Important Information for Florida Policyholders
SN190 01 12 18 Policyholder Notice - Company Contact Information
This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing
account. Please contact your agent for more information,
CNI 90 11 07 18
REPORTING A COMMERCIAL CLAIM 24 HOURS A DAY
Liberty Mutual Insurance claims professionals across the United States are ready to resolve your ohoin
quickly and tnidy, so you and your team can focus on your business. Our claims teams are mpmoiu|izwd'
experienced and dedicated to ahiQh standard of service.
VVm'no Just a Call Away -One Phone Number to Report All Commercial Insurance Claims
Reporting e now claim has never been easier. A Liberty Mutual customer service representative is
available to you 24/7 at l<844>325-2467 for reporting new property, auto, liability and workers'
compensation claims. With contact centers strategically |000hyd throughout the country for continuity and
aouameibiUhy, vve'na there when we're needed!
Additional Resource for Workers' Compensation Customers
In many mb*bee, employers are required by law to use state -specific workers compensation claims forms
and posting notices. This h/pa of information can be found in the Policyholders Toolkit section of our
website along with other helpful resources such as:
• Direct links to state workers compensation vvmbsibam where you can find state -specific claim
forms
• Assistance finding local medical providers
• First Fill pharmacy forms -pod of our managed uana pharmacy program committed to helping
injured workers recover and return to work
Our Policyholder Toolkit can be accessed at O
CNI 90 11 07 18
0 2018 Liberty Mutual Insurance
Page I of I
8&WC0JSG, INC.
10970 New Berlin Rd
Jacksonville, FL 32226
(855) 874-0774
USI INSURANCE SERVICES LLC
2400 E COMMERCIAL BLVD GTE 600
FT LAUDERDALE, FL 33308-4050
BMO (22) 62 17 09 12
From 02/01/202I To 02/01/2022
TERRORISM INSURANCE PREMIUM DISCLOSURE AND
OPPORTUNITY TO REJECT
This notice contains important information about the Terrorism Risk Insurance Act and he mfhaot on your
policy. Please read it carefully.
THE TERRORISM RISK INSURANCE ACT
The Terrorism Risk Insurance Act, including all amendments ("TRiA" or the 'Y\ot') establishes a program
to spread the risk of catastrophic losses from certain acts of terrorism between 'inaunano and the federal
government. /fen individual insurer's losses from "certified acts ofterrorism" exceed ampeoifiad deductible
omount, the government will generally reimburse the insurer for e percentage of /oeeem (the "Federal
Shona") paid /n excess of the deduct/b|e, but only if aggregate industry 1ooaeo from such eoba exceed the
"Program Trigger". An insurer that has met its insurer deductible is not liable for any portion of losses in
excess ofs1QObillion per year. Gimi|ady, the federal government is not |iob|a for any |000eo covered by the
Act that exceed this amount. If aggregate insured /000em exceed $100 billion, losses up to that amount may
bepn»'nstad. as determined bythe Secretary ofthe Treasury.
Beginning in calendar year 2020. the Federal Share is 8096 and the Program Trigger is $200,000.000.
MANDATORY OFFER OF COVERAGE FOR "CERTIFIED_ACTS OF TERRORISM" AND DISCLOSURE OF PRE-
MIUM
TRK\ requires insurers to make coverage available for any loss that occurs within the United Ghabam (or
outside of the U.G. in the case of U.G. missions and certain air carriers and veoseb), nemu8o from a'certified
act ufterrorism" AND that is otherwise covered under your policy.
A"nedified act ofterrorism" means:
1A7ny act that is certified by the Secretary [of the Treasury l . in consultation with the Secretary of
Homeland Saourih/, and the Attorney General of the United States
(i) tnbeanact ofterrorism;
00 tobemviolent act oranact that is dangerous to
(|) human life;
UU property; or
(111) infrastructure;
(III) to have resulted in damage within the United States, or outside of the United States inthe case of
(/) an air carrier (as defined in section 40102 oftitle 4S.United States Code) orUnited States flag
venma| (or avessel based phno/pa}k/ in the United 8bab*e. on which United Sbeb»o income tax is
paid and whose insurance coverage is subject to regulation in the United States); or
(1|) the premises ofaUnited States mission; and
NP724202 20 0 202OLiberty Mutual Insurance Page 1 of 2
(iv) to have been committed byonindividual orindividuals as part ofoneffort bcoerce the civilian
population of the United States or to influence the policy �oraffect the conduct of the United StatesStatesGovernment by coercion.
REJECTING TERRORISM INSURANCE COVERAGE -WHAT YOU MUST DO
We have included in your policy coverage for losses naau|Ung from "certified acts of bennhom" as defined
000ma.
THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ONTHE DECLARATIONS PAGE OFTHE POLICY
AND DOES NOT INCLUDE ANY CHARGES FOR THE PORT/ON OF LOSS COVERED BY THE FEDERALGOV-
ERNyNENT UNDER THE ACT. If we are providing you with o quoha, the premium charge will also appear on
your quote asoseparate line item charge.
IF YOU CHOOSE TO REJECT THIS COVERAGE, PLEASE CHECK THE BOX BELOW, SIGN THE ACKNOVVL-
EDGK8ENT, AND RETURN THIS FORM TOYOUR AGENT: Please ensure any reiection is received within
thirty (30) days of the effective date of your Doli
Before mak/ng e decision to reject terrorism inourance, refer to the Disclaimer for Standard Fire Policy
Stebsn |ooebad at the end of this Notice.
F�
� �� | hereby reject this offer of coverage. / understand that by rejecting this offer. | will have no
�
coverage for |oeaem arising from "certified acts of terrorism" and my policy will be endorsed
accordingly.
Policyholder/Applicant's Signature Print Name Dote Signed
� Named Insured
Policy Number
SAWC8OS3, INC. BMO <22> 62 17 09 12
Polio Date
From 02/0I/202I To 02/01/2022
|FYOU REJECTED THIS COVERAGE, PLEASE RETURN THIS FORM TO YOUR AGENT.
Nob*: Certain obabea (currently CA. GA. K\ |L K8E. N1O, NY, NC. NJ. {}R. RI, WA, WI and VVV\ mandatecovenaAe for |oeo caused by ffollowing�
ne following e"ce�ed actofbanoham" in certain
oin types of insurance policies.
If you reject TR|A coverage in these mtoiea on those policies, you will not be charged any
premium for that state mandated coverage.
� ~
�
a The summary of the Act and the coverage under your policy contained in this notice is necessarily general
in nature. Your policy contains specific tarrnm, definitions, exclusions and conditions. In case of any
will your policy !an@uoQo w�control the resolution of all coverage questions. P|eoe- —neod your policy
carefully..
~
If you have any questions regarding this noUoe, please contact your agent.
NP7242O2 20 0 20201-iberty Mutual Insurance Page 2 of 2
�
,
NP 74 44 09 06
U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN
ASSETS CONTROL (=OFAC")
ADVISORY NOTICE TO POLICYHOLDERS
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of
your policy. You should read your policy and review you/ Declarations page for complete information on the
coverages you are provided.
This Notice provides information concerning possible impact on your insurance coverage due bodirectives
issued by OFAC. Please read this Notice carefully.
Please refer any questions you may have to your insurance agent.
The Office of Foreign Assets Control (OFAC) administers and enforces omnobona pn/icy, based on Presiden-
tial declarations of "national emergency". OFAChoo identified and listed numerous:
• Foreign agents;
• Front organizations;
• Terrorists;
• Terrorist organizations; and
• Narcotics traffickers;
as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States
Treasury's web ade-hftp6/wwxwjream.gov/ofac.
In accordance with OFAC nagubdiome, if it is determined that you or any other insuned, or any person or
entity claiming the benefits of this insurance has violated U.G. sanctions law or in aSpecia|k/ Designated
National and Blocked Peroon, as identified by OFAC, this insurance will be considered ab|nckod or frozen
contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is
considered to be such a blocked or frozen oontroot, no payments nor premium refunds may be made
without authorization from OFAC.Uther limitations on the premiums and payments also apply.
2O11Liberty Mutual |nauranoe�AUhgh��aemed�
� -- —
NP 89 69 11 10
IMPORTANT POLICYHOLDER DER UNFOON
CONCERNING BILLING UNG PCES
Dear Valued Policyholder: This insert provides you with (mpndard information about our policy billing
practices that may affect you. Please review it carefully and contact your agent if you have any questions.
Premium Notice: We will moil you o policy Premium Notice separately. The Premium Notice will provide
you with specifics regarding your agent, the account and policy biUed, the billing company' payment plan,
policy number, transaction datee, description of transactions, chorges/cnadito, policy amount balance, mini-
mum amount, and payment duo date. This insert explains fees that may apply to and be shown on your
Premium Notice.
Available Premium Payment Plans:
• Annual Payment Plan: When this plan appiem, you have elected to pay the entire premium amount
balance shown on your Premium Notice in full. No installment billing fee applies when the Annual
Payment Plan applies.
• Installment Payment Plan: When this plan app|ies, you have elected to pay your policy premium in
installments (e.g.: quarterly or monthly installments - Installment Payment Plans vary by state). As
noted be|ow, on installment fee may apply when the Installment Payment Plan applies.
The Premium Payment Plan that applies to your policy in shown on the bop of your Premium Notice. Please
contact your agent if you want to change your Payment Plan election.
Installment Payment Plan Fee: If you elected to pay your premiums in inabsHnnento using the Installment
�
Premium Payment Pkan, an installment billing fee applies to each installment bill. The installment billing
charge will not app|y, however, if you pay the entire balance due when you receive the bill for the first
installment. Because the amount of the installment charge varies from eteba to otaba, please consult your
Premium Notice for the actual fee that applies.
Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal
request you submit to us due to insufficient funds in your account or for some other reason. If that is the
naee, and your premium payment withdrawal request is returned to us diehonon*d, apoymont return fee
will apply. Because the amount of the return fee varies from state to atabs, please consult your Premium
Notice for the actual fee that applies.
Late Payment Fee: Kwe do not receive the minimum amount due onorbefore the date mtime the payment
is due, as indicated on your Premium Notice, you will receive apo|icy cancellation notice effective ata
future date that will also reflect a |oba payment fee charge. Issuance of the cancellation notice due to
�
non-payment of a scheduled installment(s) may naou|t in the billing and onUmchon of all or port of any
�
outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not
applicable in some states.
Special Note: Please note that some obaheo do not permit the charging of certain fees. Thenahone, if your
^ ebaha does not allow the charging of an Installment Payment P|an, Dishonored Payment or Late Payment
Fee, the disallowed fee will not be charged and will not be included on your Premium Notice.
EFT -Automatic VVithd,owo|n Payment Option: When you select this option, you will not be sent Premium
Notices and, in most comem, will not be charged installment fees. For more information on our EFT -Auto-
matic Withdrawals payment opdon, refer tothe attached policyholder plan notice and enrollment sheet.
Once agoin, please contact your agent if you have any questions about the above billing practice inh»rme-
Thank you for selecting us to service your insurance needs.
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE
Commercial Lines (excluding Workers' Compensation)
(Effective January 1.202O)
Liberty Mutual Group and its offiUubaa, aubeidioriea, and partners (collectively "Liberty Mutual" or "we",
"us" and "our") provide insurance to companies and other insurers. This Privacy Notice explains how we
gather, use, and share your data. This Privacy Notice applies to you if you are oLibeMm Mutual commercial
line insured or are m commercial line claimant residing in California. It does not apply to covered employ-
ees or claimants under Workers' Compensation policies. If this notice does not apply to you, go to
|ibodYmutuaicom/privaoy to review the applicable Liberty Mutual privacy notice.
What Data Does Liberty Mutual Gather?
We may collect the following categories of data:
• Identifiers .including aree/ nmn)e, alias, postal addremm, unique personal identifier, online identifier,
Internet Protocol address, email addnsoo, account name. Social Security Number, driver's license
number, or other similar identifiers;
• Personal information described in California Civil Code 1798.88(e).such as your name, signature,
Social Security Number, physical characteristics or description, address, telephone number. driv-
er's license or state identification card nurnber, insurance pn|/oy number, edumation, emp/oyment,
employment hiotory, bank account number, financial infonnaUnn, medical informoUon, or health
insurance information;
• Protected classification characteristics .inc|uding oQe, race, color, national ohOin, cidzmnship, reli-
gion or creed, marital s(otua, medical oondidon, physical or mental disability, sex (including gen-
der, gender idenhh/, gender expveasion, pregnancy or childbirth and related medical uonditiono),
sexual orientahon, or veteran or military status;
w Cmrnrne,uim| information . including records of personal pvoperty, products or services pun:hased,
obbained, or considered, or other purchasing or consuming histories and tendencies;
• Internet or other oimn||mr network activity . including browsing hiebnry, aeonoh hiohory, information
on eoonaumer'o interaction with awmboiba. app|ioaUon, or advertisement;
• Professional or employment na|ahmd information . including current or past job history or perfor-
mance evaluations;
• infunmncam drawn from other peremmm| information . such as a profile reflecting a person's pref-
erences, ohmnecteriotico, psychological tnendo, pnmdiupooihono, behavior. attitudes, }nbaUigenoe,
abilities, and aptitudes;
• Risk data, including data about your driving and/or accident history; this may include data from
consumer reporting agenciee, such as your motor vehicle records and |oeo history infonnetion,
health data, or criminal convictions; and
• Claims data, including data about your previous and current o|oime, which may include data re-
garding your heo|th, criminal conviotiuna, third party napnrto, or other personal data.
For information about the types of personal data we have uoUeohad about California consumers in the past
twelve (12) monthu, please go to |ibartymu(ua|.com/privooy and click on the link for the California Sup-
plemental Privacy Policy.
How We Get the Personal Data:
We gather your personal data directly from you.
We also gather your personal data from other
For example, you provide us with data when you:
people . For example:
• ask about, buy insurance or file a claim
* your insurance agent or broker
• pay your policy
9 your employer, association or business (if you
are insured through them)
visit our websites, call us, or visit our office
* our affiliates or other insurance companies about
your transactions with them
*
• consumer reporting agencies, Motor Vehicle
Departments, and inspection services, to gather
*
your credit history, driving record, claims history,
or value and condition of your property
*
• other public directories and sources
Characteristics
• third parties, including other insurers, brokers
*
and insurance support organizations who you
have communicated with about your policy or
9
claim, anti -fraud databases, sanctions lists, court
network activity
judgments and other databases, government
*
agencies, open electoral register or in the event
of a claim, third parties including other parties to
Inferences drawn from
the claim witnesses, expert loss adjustors and
claim handlers
information
• other third parties who take out a policy with us
and are required to provide your data such as
Risk data
when you are named as a beneficiary or where a
family member has taken out a policy which re-
Claims data
quires your personal data
For information about how we have collected personal data in the past bwahn (12) monUla, please go to
|ibertymutuoioom/phvacy and click onthe link for the California Supplemental Privacy Policy.
�How Does Liberty Mutual Use My Data?
Liberty Mutual uses your data to provide you with our products and aervices, and as otherwise provided in
Business Purpose
Data Cal2g2ries
Market, sell and provide insurance. This includes
*
Identifiers
for example:
*
Personal Information
• calculating your premium;
*
Protected Classification
Characteristics
• determining your eligibility for a quote;
*
Commercial Information
• confirming your identity and service your
9
Internet or other similar
network activity
policy;
*
Professional or employment related information
*
Inferences drawn from
other personal
information
*
Risk data
*
Claims data
Manage your claim. This includes, for example:
*
Identifiers
• managing your claim, if any;
*
Personal Information
• conducting claims investigations;
*
Protected Classification
Characteristics
• conducting medical examinations;
*
Commercial Information
• conducting inspections, appraisals;
*
Internet or other similar
network activity
• providing roadside assistance;
*
Professional or employment related information
• providing rental car replacement, or repairs;
9
Inferences drawn from
other personal informa-
tion
Risk data
Claims data
Day to Day Business and Insurance Operations.
Identifiers
This includes, for example:
Personal Information
• creating, maintaining, customizing and
Protected Classification
Characteristics
securing accounts;
Commercial Information
• supporting day-to-day business and
Internet or other similar
network activity
insurance related functions;
Professional or employment related information
• doing internal research for technology
Inferences drawn from
other personal
• development;
information
• marketing and creating products and
Risk data
services;
Claims data
• conducting audits related to a current contact
with a consumer and other transactions;
• as described at or before the point of
gathering personal data or with your
authorization;
Security and Fraud Detection. This includes for
*
Identifiers
example:
*
Personal Information
• detecting security issues;
*
Protected Classification
Characteristics
• protecting against fraud or illegal activity, and
9
Commercial Information
to comply with regulatory and law
*
Internet or other similar
network activity
enforcement authorities;
*
Professional or employment related information
• managing risk and securing our systems,
*
Inferences drawn from
other personal
assets, infrastructure and premises; roadside
information
assistance, rental car replacement, or repairs
9
Risk data
• help to ensure the safety and security of
*
Claims data
Liberty staff, assets and resources, which
may include physical and virtual access
controls and access rights management;
• supervisory controls and other monitoring and
reviews, as permitted by law; and emergency
and business continuity management;
Regulatory and Legal Requirements. This includes
*
Identifiers
for example:
*
Personal Information
• controls and access rights management;
*
Protected Classification
Characteristics
• to evaluate or conduct a merger, divestiture,
*
Commercial Information
restructuring, reorganization, dissolution, or
*
Internet or other similar
network activity
other sale or transfer of some or all of
*
Professional or employment related information
• Liberty's assets, whether as a going concern
*
Inferences drawn from
other personal
or as part of bankruptcy, liquidation, or similar
information
proceeding, in which personal data held by
*
Risk data
Liberty is among the assets transferred;
*
Claims data
• exercising and defending our legal rights and
positions;
• to meet Liberty contract obligations;
• to respond to law enforcement requests and
as required by applicable law, court order, or
governmental regulations;
• as otherwise permitted by law
Improve Your Customer Experience and Our
Products. This includes for example:
• improve your customer experience, our
products and service;
• to provide, support, personalize and develop
our website, products and services;
• create and offer new products and services;
9
*
*
*
9
*
Identifiers
Personal Information
Commercial Information
Internet or other similar network activity
Professional or employment related information
Inferences drawn from other personal
information
Risk data
Claims data
Analytics to identify, understand and manage our
*
Identifiers
risks and products. This includes for example:
*
Personal Information
conducting analytics to better identify,
*
Protected Classification Characteristics
understand and manage risk and our
*
Commercial Information
products;
*
Internet or other similar network activity
*
Professional or employment related information
*
Inferences drawn from other personal
information
Risk data
o
Claims data
Customer service and technical support, This
*
Identifiers
includes for example:
9
Personal Information
• answer questions and provide notifications;
9
Commercial Information
• provide customer and technical support,
*
Internet or other similar network activity
*
Professional or employment related information
*
Inferences drawn from other personal informa-
tion
9
Risk data
Claims data
How Does LibeLty Mutual Share My Data?
Liberty Mutual does not sell your personal data osdefined by the California Consumer Privacy Act.
Liberty Mutual shares personal data of California consumers with the following categories of third parties:
• Liberty Mutual affiliates;
• Service Providers;
• Public entities and institutions (e.g. regu|otnry, quaoi'reQulatory, tam or other authorities, law en-
forcement agencioa, oourts, adbitnaduna{ bodinn, and fraud prevention agencies);
�
Professional advisors including |avv firmo, accountonte, auditors, and tax advisors;
� \nounera, ve-inuu/era, policy ho|des, and claimants; and
�
As permitted bylaw.
Liberty Mutual shares the following categories of personal data regarding California consumers to service
providers for business purposes:
Identifiers Personal Data;
Protected Classification Characteristics; Commercial Information;
Internet or other similar network activity; Claims Data;
Inferences drawn from other personal information; Risk Data;
profeaoinna|, emp|oyment, and education information;
For information about how we have shared personal information in the past twelve (12) months, please go
to libertymutual.com/privacy and click on the link for the California Supplemental Privacy Policy.
What Privacy Rights Do I Have?
The California Consumer Privacy Act provides California residents with specific rights regarding personal
information. These rights are subject to certain exceptions. Our response may be limited as permitted under
law.
Access or Deletion
You may have the right to request that Liberty Mutual disclose certain information to you about our collec-
tion and use of your personal data in the twelve (12) months preceding such request, including a copy of the
personal data we have collected. You also may have the right to request that Liberty Mutual delete personal
data that Liberty Mutual collected from you, subject to certain exceptions.
Specifically, you have the right to request that we disclose the following to you, in each case for the twelve
(12) month period preceding your request:
• the categories of personal data we have collected about you;
• the categories of sources from which the personal data was/is collected;
• our business or commercial purpose for collecting personal data;
• the categories of third parties with whom we share personal data;
• the specific pieces of data we have collected about you;
• the categories of personal data about you, if any, that we have disclosed for monetary or other
valuable consideration, including the categories of third parties to which we have disclosed the
data, by category or categories of personal data for each third party to which we disclosed the
personal data; and
• the categories of personal data about you that we disclosed for a business purpose.
You can make a request by either:
Calling: 800-344-0197
Online: libertymutualgroup.com/privacy-policy/data- request
Mail: Attn: Privacy Office
Liberty Mutual Insurance Company
175 Berkeley St., 6th Floor
Boston, MA 02116
You may also make a verifiable consumer request on behalf of your minor child.
You or your authorized agent may only make a verifiable consumer request for access or data deletion twice
within a twelve (12) month period. The verifiable consumer request must provide sufficient information that
a allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected
personal data or an authorized representative of such person; and describe your request with sufficient
detail that allows Liberty Mutual to properly understand, evaluate, and respond to it. For more information
about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your
behalf, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy.
Response Timing
Liberty Mutual will respond to a verifiable consumer request within forty-five (45) days of its receipt. If more
time is needed, Liberty Mutual will inform you of the reason and extension period in writing.
Any disclosures that will be provided will only cover the twelve (12) month period preceding our receipt of
the verifiable consumer request. If Liberty Mutual is unable to fulfill your request, you will be provided with
the reason that the request cannot be completed. For more information about how we will respond to
requests, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy.
Rights to opt in and out ofdata selling
California consumers have the right to direct businesses not to sell your personal data (opt -out rights), and
personal data of minors under 18 years of age will not be so(d, as is their right, without theirs or their
parents' opt -in consent. Liberty Mutual does not sell the personal data ofconsumers. For more infonnedion,
go to |ibartymutuaioom/privocy and click on the California Supplemental Privacy Policy.
No account needed
You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only
use personal data provided in arequeat to review and comply with the request.
No discrimination
You have the right not to be discriminated against for exercising any of your CCPAdghtm. Unless permitted
by the CCPA.exepciaing your rights will not cause Liberty Mutual to:
• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or
other benefits, or imposing penalties;
• Provide you adifferent level or quality of goods or services; or
• Suggest that you may receive adiffenent price or nmhe for goods or nen/iceo, or odifferent level or
quality of goods or services.
Will Liberty Mutual Update This Privacy Notice?
We nasenxa the right to makes changes to this notice at any time and for any reason. The updated version of
this policy will be effective once it is accessible. You one responsible for reviewing this policy to stay
informed ofany changes or updates.
Who Do I Contact Regarding Privacv?
If you have any questions or comments about this Notice or the Supplemental CCPANotice, your hghts, or
are requesting the Notice in an alternative fornna, please do not hesitate to contact Liberty N1uLuo) at:
Phone: 800-344'0187
Email: privacy@|ibortymutuaicom
Postal Address: Attn: Privacy Office
Liberty Mutual Insurance Company
175 Berkeley SL, 6th Floor
SNI 09 02 06 16
RISK CONTROL SERVICES - IMPORTANT INFORMATION FOR FLORIDA
POLICYHOLDERS
Through its Risk Control Services department, Liberty Mutual Insurance has safety consultation services
that are available to policyholders. We have found that some of these services are consistent with your
workplace hazards. These services may be available to you as our policyholder at no additional cost.
To obtain further information about our safety consultation services, please contact our Risk Control Con-
sulting Center at 1-866-757-7324 or email RCConsultingCenter@LibertyMutual.com.
SNI 09 02 06 16 @ 2016 Liberty Mutual Insurance Page 1 of 1
SNI 90 01 12 18
POLICYHOLDER NOTICE -COMPANY CONTACT INFORMATION
In the event you need to contact someone about this policy for any reason, please contact your Sales
Representative or Producer of Record as shown on the policy Declarations or Information Page.
If you have additional questions, you may contact the company at the following address:
Liberty Mutual Insurance
176 Berkeley Street
Boston, MA 02116
+1 (800) 344-0197
SNI 90 01 12 18
@ 2018 Liberty Mutual Insurance
Page 1 of 1
Coverage Is Provided In:
The Ohio Casualty Insurance Company
175 Berkeley St., Boston, MA 02116
Common Policy Declarations
Policy Number:
BMO(22) 6217 0912
Policy Period:
From 02/01/2021 To 02/01/2022
12:01 am Standard Time
at Insured Mailing Location
Named Insured & Mailing Address Agent Mailing Address & Phone No.
SAWCROSS, INC. (855) 874-0774
10970 New Berlin Rd US] INSURANCE SERVICES LLC
Jacksonville, FL 3) 2226 2400 E COMMERCIAL BLVD STE 600
FT LAUDERDALE, FL 33308-4050
Named Insured Is: CORPORATION
Named Insured Business Is: WATER TREATMENT PLANT
In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to
provide the insurance as stated in this policy.
SUMMARY OF COVERAGE PARTS AND CHARGES
This policy consists of this Common Policy Declarations page, Common Policy Conditions, Coverage Parts
(which consist of coverage forms and other applicable forms and endorsements, if any, issued to form a part of
them) and any other fonns and endorsements issued to be part of this policy.
COVERAGE PART CHARGES
Commercial Inland Marine $8,977.00
Total Charges for all of the above coverage parts: $8,977.00
Certified Acts of Terrorism Coverage: $36.00 (Included)
Note: This is not a bill
IMPORTANT MESSAGES
IN THE EVENT OF CANCELLATION BY THE NAMED INSURED, THE COMPANY SHALL RETAIN NO LESS
THAN $500.00 OF THE POLICY PREMIUM AS THE MINIMUM EARNED PREMIUM INCLUDING
CERTIFIED ACTS OF TERRORISM COVERAGE, PLUS ANY APPLICABLE TAXES AND SURCHARGES.
Issue Date Authorized Representative
To report a claim, call your Agent or 1-800-366-6446
DS 70 21 11 16
Coverage Is Provided In:
The Ohio Casualty Insurance Company
175 Berkeley St., Boston, MA 02116
Common Policy Declarations
Named Insured Agent
SAWCROSS, INC.
10970 New Berlin Rd
Jacksonville, FL 32226
SUMMARY OF LOCATIONS
0001 3701 Country Club Rd, Sanford, FL 32773
POLICY FORMS AND ENDORSEMENTS
Policy Number:
BMO (22) 6217 0912
Policy Period:
From 02/01/2021 To 02/01/2022
12:01 am Standard Time
at Insured Mailing Location
(855) 874-0774
USI INSURANCE SERVICES LLC
2400 E COMMERCIAL BLVD STE 600
FT LAUDERDALE, FL 33308-4050
This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed
information concerning your coverage.
FORM NUMBER TITLE
CL 01 00 03 99
Common Policy Conditions
CL 01 60 02 16
Amendatory Endorsement - Florida
CL 06 00 01 15
Certified Terrorism Loss
CL 0700 1006
Virus or Bacteria Exclusion
CM 88 94 03 19
Builders' Risk Extension Plus Endorsement
CM 89 22 05 20
Windstorm or Hail Deductible
IM 20 19 08 09
Amendatory Endorsement - Florida
IM 22 00 06 04
Amendatory Endorsement - Fungus Exclusion And Limited Coverage Deleted
IM 70 50 04 04
Builders' Risk Coverage -Scheduled Jobsite Broad
IM 70 63 04 04
Pennission To Occupy Endorsement
In witness whereof, we have caused this policy to be signed by our authorized officers.
Mark Touhey
Secretary
To report a claim, call your Agent or 1-844-325-2467
DS 70 21 11 16
David Long
President
Coverage Is Provided In.
The Ohio Casualty Insurance Company
175 Berkeley St., Boston, MA 02116
Commercial Inland Marine
Declarations
Policy Number:
8MO (22) 62170912
Policy Period:
From 02/01/2021 To 02/01 /2022
12:01 am Standard Time
at Insured Mailing Location
Named Insured Agent
SAWCROSS, INC. (855) 874-0774
USI INSURANCE SERVICES LLC
SUMMARY OF CHARGES
Explanation of DESCRIPTION
Charges
PREMIUM
Builders Risk $8,941.0
Commercial Inland Marine Schedule Totals $8,941.00
Certified Acts of Terrorism Coverage $36.00
Total Advance Charges: $8,977.00
Note: This is not a bill
To report a claim, call your Agent or 1-844-325-2467
M 70 171 Al fiR
Coverage Is Provided In: Policy Number:
The Ohio Casualty Insurance Company BMO (22) 6217 0912
Policy Period:
175 Berkeley St., Boston, MA 02116 From 02/01/2021 To 02/01/2022
12:01 am Standard Time
Commercial Inland Marine at Insured Mailing Location
Declarations Schedule
Named Insured Agent
SAWCROSS, INC.
BUILDERS RISK
BROAD FORM
SCHEDULED LOCATIONS
Loc.
No.
Location
(855) 874-0774
USI INSURANCE SERVICES LLC
Limit
0001 3701 Country Club Rd $ - 7, 691, 000
Sanford, FL 32773
COVERAGE EXTENSIONS
Additional Debris Removal Expenses $ 5,000
Emergency Removal
10 days
Emergency Removal Expenses
$
10,000
Fraud and Deceit
50,000
Waterborne Property
------I01 —OOQ
SUPPLEMENTAL COVERAGES
Contract Penalty
$
---101000
Expediting Expenses
-------1-01-000
Fire Department Service Charges
1,000
z Personal Property
—01-0-00
O
Ordinance Or Law (Undamaged Parts
Of a Building)
Covered
Ordinance Or Law (Increased Cost To
Repair And Cost to Demolish/Clear Site)
—5--Q1_0 QQ
Pollutant Cleanup and Removal
25,000
Rewards
$
000
Sewer Backup Coverage
10,000
Storage Locations
10,000
Testing
-1-0, 000
To report a claim, call your Agent or 1-844-325-2467
IM 70 55 08 04
Coverage Is Provided In: Policy Number:
The Ohio Casualty Insurance Company BIVIO (22) 6217 0912
Policy Period:
175 Berkeley St., Boston, MA 02116 From 02/01/2021 To 02/01/2022
12:01 am Standard Time
Commercial Inland Marine at Insured Mailing Location
Declarations Schedule
Named Insured Agent
SAWCROSS, INC. (855) 874-0774
USI INSURANCE SERVICES LLC
SUPPLEMENTAL COVERAGES (cont)
Transit
Trees, Shrubs, and Plants
Earthquake Coverage
( ) Coverage Not Provided
(X) Coverage Provided, as described below:
Earthquake Limit -- The most "we" pay
for loss to any one building or
structure is:
Earthquake Catastrophe Limit -- The most
"we" pay for loss in any one occurrence is:
Flood Coverage
Flood Limit -- The most "we" pay
for loss to any one building or
structure is:
Flood Catastrophe Limit -- The most
"we" pay for loss in any one occurrence is:
DEDUCTIBLE
Deductible Amount
(X) Earthquake Coverage
Flood Coverage
O Sewer Backup Coverage
COINSURANCE (Select One)
(X) 100%
( ) Coinsurance Provisions Are Waived
PERMISSION TO OCCUPY
( ) Pen-nission to occupy is not granted.
To report a claim, call your Agent or 1-844-325-2467
IM 70 55 08 04
$ _----1,0000
$ 10,000
$ 2,500,000
__25-,0QL
Q
Deductible Amount
25,000
Coverage Is Provided In:
The Ohio CasualtV Insurance Company Policy Number:
BMO (22) 6217 0912
175 Berkeley St., Boston, MA 02116 Policy Period:From 02/01/2021 To 02/01/202
Commercial Inland Marine 12:01 am Standard Timeat Insured Mailing Location
Named Insured Declarations Schedule Agent
SAWCROSS, INC. (855) 874-0774
US] INSURANCE SERVICES LLC
SUPPLEMENTAL COVERAGES (Cont)
(X) The occupancy and use provisoes under Additional Coverage
Limitations are deleted, and permission is granted to occupy covered
property after the date indicated below:
Month 06 Day _QI Year 21
To report a claim, call your Agent or 1-844-325.2467
IM 70 55 08 04
AAIS
CIL 0100 03 99
Page I of 1
COMMON POLICY CONDITIONS
1' Assignment —This policy may not be as-
signed without "our" written consent.
2' Cancellation —"You" may cancel this policy
by returning the policy to "us" or by giving
"us" written notice and stating at vvhsd future
date coverage in to shop.
"We" may cancel this poUcy, or one or more
of its parto, by written notice sent ho^you" at
11your' |oat mailing address known to "us". If
notice of cancellation is mailed, proof ofmei|-
ing will be sufficient proof of notice.
If "we" cancel this policy for nonpayment of
prem/um. "we" will give "you" notice at least
ten days before the cancellation is effective. If
"we" cancel this policy for any other reason,
"we" will give "you" notice otleast 38days in
advance of cancellation. The notice will state
the time that the cancellation ishotake effect.
"Your" return pnamium, if any, will becalcu-
lated according to "our" rules. It will be re-
funded to 'you" with the cancellation notice
or within a reasonable time. Payment or
tender of the unearned premium is not econ-
diUon of cancellation.
3. Change' Modification, or Waiver of Policy
Terms - -Awaiver or change of the "terms"
of this policy must be issued by"uo" in writ-
ing to be valid.
4. Inspections — "We" have the right, but are
not ob|igated, to inspect 'your' property and
operations at any time. This inspection may
be made by ''ua^ or may be made on "our"
behalf. An inspection or its resulting advice or
report does not warrant that 'your' property
or operations are oofe, hea|thfu|, or in compli-
ance with |awo, ru|es, or regulations. Inspec-
tions or reports are for "our' benefit only.
6' Examination of Books and Records — "We"
may examine and audit "your' books and
records that relate to this policy during the
policy period and within three years after the
policy has expired.
CL018D03 99
Copyright, American Association ofInsurance Services, |nc.1898
AAIS This endorsement changes
CIL 0160 02 16 the policy
Page 1 of 6 --PLEASE READ THIS CAREFULLY --
AMENDATORY ENDORSEMENT
FLORIDA
1. Under Common Policy Conditiuno, Canm*|b* 3) Except as provided in 4) bolow, if
don is deleted and replaced bythe following: '\we' oonoe| for any reason other
Cancellation than nonpayment of premium, "we"
will give "you" notice at least 20
a. "You" may cancel this policy by: days before the cancellation is to be
1) returning the policy to "us"; or
2) giving �s" written notice and stat-
ing at what
tat-ingatwhat date coverage iotostop.
b. "We" may cancel this policy by
delivering or mailing written notice to
''you" at the address shown on the "dec-
larations". "Dur' notice will ababa the
specific reason(s) for cancellation. Proof
of delivery or mailing is sufficient proof of
c If this policy has been in effect for 90 days
or less, "we" may cancel for any reason.
1) However
a) "We" may cancel this policy
based on property insurance
claims that are the result of an
act of God only if "we" can
mhow, by claims frequency or
otherwise, that "you" have failed
to bake action reasonably neces-
sary as requested by "us" to pre-
vent further damage to "you/'
property.
b) "We" may cancel this policy
based solely onasingle property
insurance claim that is the result
of water damage only if "we'
can demonstrate that "you" have
failed to take action reasonably
requested by "us" to prevent a
future similar occurrence of
damage tothe insured property.
2) If "we" cancel for nonpayment of
premium. "we" will give "you" no-
tice at least 10 days before the can-
cellation is to be effective.
However, "we may cancel immedi-
ately
a) amateria| misstatement mmis-
representation; or
b)ofailure to comply with the
underwriting requirements that
"we" have established.
4) If this policy is issued to cover mresi-
dential structure that has been
damaged by a hurricane or
windstorm that is the subject of:
s) a declaration of emergency is-
sued
b) an order filed by the Commis-
sioner
�e" may not cancel this policy until
at least 80 days after the residential
structure has been repaired. Such
property will be deemed repaired
when the work is substantially com-
pleted such that the structure is in-
surable by another authorized insurer
writing policies in Florida.
However, "we" may cancel this poli-
cy prior to the completion of repairs
as follows:
a) upon 10 days' notice for nonpay-
ment
b) upon 45 days' notice if:
(1) there has been a mebaha|
misstatement or fraud relat-
ed
Copyright, American Association ofInsurance Services, |nc.2U15
AAIS
CIL U1G0Q216
Page 2 of 5
Notwithstanding 1) through 7) above,
iwe' may not cancel based on any rea-
son prohibited by /ew. If this policy is is-
sued to cover anseidenUo/ structure or its
contento, this includes but is not limited
to credit information available in public
e. If this policy has been in effect for more
than 90days and:
2) upon 45days' notice if.
a) there has been e material
misstatement or fraud na|absd to
the claim;
b) "we" have determined that
'kymu^ have unreasonably
caused a delay in the repair of
the residential structure; or
Copyright, American Association ofInsurance Services, |mc..2O15
(2) "we" have determined that
1) "we" cancel for nonpayment of pre-
re-"you"
,, you"have unreasonably
mium. "we" will give "you" notice at
caused a delay in the repair
least 10 days before the cancellation
of the residential structure;
is to be effective;
or
2) except as provided in3)and [be|ow
(3) '\me^ have paid the policy"vve"
'
cancel for one or more of the
"limits" applicable to the
reasons provided in d.2) through d.7)
covered structure.
structure.
above, "we" will give 'you" notice at
d. If this policy has been in effect for more
least 45 days before the cancellation
� than QU days, '\we. may cancel based
iatobeeffective; or
° only on one or more of the following naa-
3) this policy is issued to cover a nee{-
oonn�
�
denUa| structure or its contents, if
1)
ahyUuno hopay premium when duo
"wecancel for any reason other
'
than nonpayment of premium, "we"
�
� 2)
omabaha| misstatement;
will give 'you" notice at least 120
days before the cancellation is to be
30
a failure to comply, within &O days
effective.
after the date of effectuation ofcov-
enage' with underwriting require-
[ /f this policy has been in effect for more
mento established by "us" before the
than 90 days and is issued to cover o x*si-
daheofeffectuation of coverage;
donbai structure that has been damaged
�by
a hurricane or windstorm that is the
4)
a substantial change in the risk onv-
subject of:
ened�
.
1) adeckaration of emergency issued by
5)
the cancellation is for all insureds for
the Governor; � end
ogiven class of insureds;
2) an order filed by the Commissioner
G)
property insurance da/mg that one
of Insurance Regulation;
the result of an act ofGod, but only if
'\we" can uhmw, by claims frequency
"we" may not cancel this policy until at
or otherwise, that ''you" have failed
least QO days after the residential mhuc-
to take action reasonably necessary
tura has been repaired. Such property
as requested by "um" to prevent fur-
will be deemed repaired when the work is
ther damage to "your" property; o/
substantially completed such that the
structure is insurable by another autho-
rized insurer writing policies in Florida,
�
claims that are the result of water
damage, but only if "we" can dem'
However, "we" may cancel this policy
onotrate that "you" have failed to
prior to the completion of repairs as fol -
take action reasonably requested by
lows:
�
"us" to prevent a future similar oc-
ournanc� c� damage to the insured
1) upon 10 days' notice for nonpayment
property.
of premium; or
'
Notwithstanding 1) through 7) above,
iwe' may not cancel based on any rea-
son prohibited by /ew. If this policy is is-
sued to cover anseidenUo/ structure or its
contento, this includes but is not limited
to credit information available in public
e. If this policy has been in effect for more
than 90days and:
2) upon 45days' notice if.
a) there has been e material
misstatement or fraud na|absd to
the claim;
b) "we" have determined that
'kymu^ have unreasonably
caused a delay in the repair of
the residential structure; or
Copyright, American Association ofInsurance Services, |mc..2O15
AAIS
CL 0160 02 16
Page 3 of 5
n) "we" have paid the policy "Nn'
time, "we' will accept audit information
bo" applicable to the covered
that 'you" provide and refund any return
structure.
premium within 10 business days after
O. If this policy is:
"\me^ receive the necessary audit infor-
mation from "you". If "we" are unable to
1) issued to cover onaoidenUal structure
obtain audit information due to "your"
or its contents; and
lack of cooperation, the deposit premium
will be considered fully earned. In all
2) '\we" oanms| for nonpayment of pre-
oasen, if the return premium is $5.00 or
mium which naou|ta from failure of
|eoa. "we" will not provide a refund un -
the mndgoAae to pay the premium
|emo "you" expressly request it. Payment
when due;
or bander of unearned premium in not a
"we"
vvcr will reinstate the policy retroactive
condition ofcance8eUon .
tothe date ofcancellation ifthe premium
2. Under Common Policy CondiUono, the follow -
is received not more than 90 days after
ing condition is added:
the due date. By Florida |aw, the mort-
gagee is required to reimburse "you" for
Nonrenewal
any penalty or fee imposed by "us" and
"we"
'
paid by "you" for reinstating the policy.
�
a. If do not renew this policy, "we"
wiU give "you" notice at the address
h. Notwithstanding c. through g. ebove, if
shown on the "declarations". "Our" no -
thio policy is issued to cover e»eeidantia|
boe will state the specific reason(s) for
structure or its contents, "we" may can-
nonrenewal. Proof of delivery or mailing
cel by giving "you" notice at least 45 days
in sufficient proof of notice.
before cancellation is effective if the Hop
ido Office of Insurance Regulation finds
"We" may nonnenew this policy for any
that the cancellation of some or all of
reason.
raaonn �
"our' policies covering residential utruc'
However:
tures or their contents is necessary to
protect the best interests of the public or
1) "We" may nonrenew this policy
policyholders due to:
based on property insurance claims
that are the result of an act of God
1) "our' financial condition;
only if "we" can ahmw, by claims fna
2) the lack Vfadequate reinsurance cov_
quency or otherwise, that "you" have
enage for hurricane risk; or
failed to bake action reasonably nec-
essary as requested by "us" to pre -
3) other relevant fauhzna;
vent further damage to "your' prop -
ehy.
and the Floridad� Office of Insurance Regu-
|aUon approves "our" plan for early con-
2) "We" may nonnanew this policy
ue||otion of some or all of "our" policies,
based yn|e|y on o single property in-
surance claim that is the naou|t ofwm-
i. /f "you" o, "we" cancel this pmhcy,
bar damage only if "we" can demon'
"your' return pnemium, if any, will be re-
otnota that "you" have failed to take
funded within 15 business days after the
action reasonably requested by "us"
effective date of cancellation unless the
to prevent afutuna similar occurrence
final policy premium is determined by au-
of damage to the insured property.
dit. If the final policy premium is deter-
mined by oudit, on audit will be per-
formed and premium refunded within SO
'
days from the date of cancellation. (fan
audit cannot be completed within that
Copyright, American Association ofInsurance Services, |mc.2015
AAIS
CIL 0160 02 16
Page 4 of 5
3) "We" may nonrenew this policy
e. If this policy is issued tocover oreniden'
based on the filing of dahno for
bo| structure that has been damaged by
sinkhole kme only if.
hurricane or windstorm that is the subject
of:
a) the total of such claim payments
equals or exceeds the policy
1) aden|aodion of emergency issued by
"limits" of coverage for the poli-
the Governor; and
oy in effect on the dabs of |oso,
for property damage to the cov'
2) an order filed by the Commissioner
enad buUding(o), as set forth on
of Insurance Regulation;
the "denianytiono^or
'
. ..
we" will give "you" notice at ksaed QO
b) "you" have failed to repair the
days before the nonrenewal is to beeffoc-
structure in accordance with the
dve. The effective date of such
engineering recommendations
nonrenewal will not be |eeo than 90 days
made pursuant to Florida law
after the residential structure has been re -
upon which any payment or poli-
paired. A damaged residential structure
cypruceads were based �
will be deemed repaired when the work is
substantially completed such that the
4) ''VVe" may not nonnanew for any reo-
structure is insurable by another autho-
mon prohibited by law. If this policy is
hzed insurer writing policies in Florida.
issued to cover a nsgidendo| structure
or its contenta, this includes but is
However, "we" may nonnanew this policy
not limited to credit information
prior to the completion of repairs as fo|'
� avoi|ab|e in public records.
|ovvo:
o. Except as provided in d. and e. be|mm. if
1) upon 10 days' notice for nonpayment
"we" du not renew this policy, "we" will
of premium; or
give '\mu^ notice at least 45 days before
2) upon 45 days' notice if:
the nonrenewal is to be effective.
� �
d Except am provided in e ba/ow, if this
�) there be� been � material
'
pn|icy is issued to cover o residential
misstatement or fraud naiahad to
�
claim;
structure or its contents, "we" will give
give
"you" notice at least 120 days before the
b) "we" have determined that
nonrenewal is to be effective.
"you" have unreasonably
Howaver, � the Florida Office of |nsup
caused a delay in the repair of
`
the residential structure; or
'
� ance Regulation finds that the
a nonrenewal of some or all of "our' poli-
c) "we" have paid the policy "|im-
ciee covering residential structures or
its" applicable to the covered
their contents is necessary to protect the
structure.
best interests of the public or
: policyholders due to:
3� Under Common Policy Conditions, thofnUow^
follow -
ing condition is added:
1) "our' financial condition;
Ranmvvo| — If "we" decide to renew this poli -
2) the lock of adequate reinsurance cov-
cy. '\*e' will give "you" written notice of the
enage for hurricane rink; or
nonevva} premium at least 45 days prior to the
renewal dote.
3) other relevant factors;
and the Florida Office of Insurance Regu-
lation approves 'bur" plan for early
nonrenewal of some or all of "our" poli-
cies, "we" will give "you" notice at least
45 days before the nonrenewal is to be
Copyright, American Association cfInsurance Services, |nc..2015
r
�
AAIS
CIL 01600216
Page 6 of 5
4. Under Common Policy Conditions. Inspec-
tions is deleted and replaced by the follow-
ing:
Inspections — "We" have the hQht, but are
not nb|igated, to inspect '\mur' property and
upanodono. This inspection may be made by
"us" or may be made on "our" behalf, An in-
spection or its resulting advice or report is not
an agreement that "your' property or oper-
ations
a. safe;
Lz healthful; or
c in compliance with lawu, rules, orregula-
tions.
Inspections or reports are for 'bur' benefit
CL 0160 02 16
Copyright, American Association ofInsurance Services, |mz.2n15
AAIS This endorsement changes
CL 0600 01 IS the policy
Page 1 of I -- PLEASE READ THIS CAREFULLY
LOSS
CERTIFIED TERRORISM
1. The following definitions are added. 2. The ~hanna" of any bernahmm exclusion that is
a "Certified act ofterrorism" means an act part of or that is attached to this Coverage
that is certified by the Secretary of the pad are amended by the following provision:
Tv000ury, in consultation with the Genre- This exclusion does not apply to "certified ter-
tary of Homeland Gecurity, and the Athnr- rorism loss".
ney General of the United Gbabae: 3. The following provision is added.
1) tobeonact ofterrorism;
2) tobemviolent act manact that is
dangerous to human life, property, or
infrastructure;
3) to have resulted in damage:
a) within the United States; or
b) to an air carrier (as defined in
section 40102 of title 49. United
8tabao Code); to a United States
flag vessel (or a vessel based
principally in the United Sbabym`
on which United States income
tax is paid and whose insurance
coverage is subject to regulation
in the United Gbatas), regardless
of vxhena the i000 occurs; or at
the premises of any United
States mission;
4) to have been committed by on indi-
vidual or individuaha, as part of an ef-
fort to coerce the civilian population
of the United States or to influence
the policy or affect the conduct of the
United States Government by coer-
cion;
5) to have resulted in insured losses in
~
excess of five mU(kzn dollars in the
-
aggregate, attributable to all types of
insurance subject to the Terrorism
Risk Insurance Ac. as amended.
�
b. "Certified terrorism loss" means loss that
results from a"oartiDed act ofharrorism"
If the Secretary of the Treasury determines
that the aggregate amount of "certified terror-
ism
enopiom loss" has exceeded one hundred billion
dollars in aoa/enda/ year (January 1 through
December 31). and "we" have met 'bur' in-
surer deductible under the Terrorism Risk In-
surance Act. as amended, "we" will not pay
for any portion of "certified terrorism loss"
that exceeds one hundred billion dollars. If
the "certified terrorism loss" exceeds one
hundred billion dollars in a calendar year
(January 1 through December 31). losses up
to one hundred billion duUom any subject to
pro roto allocation in accordance with proce-
dures established by the Secretary of the
Treasury under the Terrorism Risk Insurance
Act, as amended.
4. The following provisions are added.
a. Neither the "terms" of this endorsement
nor the "terms" of any other terrorism
endorsement attached to this Coverage
Pad provide coverage for any |oao that
would otherwise be excluded by this Cov-
erage Part under:
1) exclusions that oddnaaa war, military
aotinn, or nuclear hazard; or
2) any other exclusion; and
b. the absence of any other terrorism en-
dorsement dues not imply coverage for
any loss that would otherwise be ex-
cluded by this Coverage Part under:
1) exclusions that address vvar, military
mctinn, or nuclear hazard; or
2) any other exclusion.
CLu60u01 16
Copyright, American Association nfInsurance Services, |wc..2015
AAB This endorsement changes
CL 0700 10 06 the policy
Page I of 1 -- PLEASE READ THIS CAREFULLY --
VIRUS OR RIA EXCLUSION
DEFINITIONS
Definitions Amended --
When
VVhen "fungus" kaodefined "term". the definition
of 'fungua" is amended to delete reference to a
bacterium.
When "fungus or na|abad perils" is a defined
"herm", the definition of "fungus or related perils"
is amended to de|aba reference to ebaotehum.
PERILS EXCLUDED
The additional exclusion met forth below applies to
all covenaQas, coverage extenoiono, supplemental
covermgee, optional novenages, and endorsements
that are provided by the policy to which this en-
dorsement is attnched, inc|uding, but not limited
to, those that provide coverage for property, eam-
ings, extra expense, or interruption by civil au-
thority.
1. The following exclusion is added under Perils
Excluded, item 1.:
VimsorBacteda—
nWe" du not pay for loss, cost, or expense
caused by, resulting from, or relating to any
vinuo, bocbahum, or other microorganism that
causes dimeaee, iUneam, or physical distress or
that is capable of causing dimeooe, iUneoe, or
physical distress.
This exclusion applies to, but isnot limited to,
any loss, coot, or expense aaoresult of:
a. any contamination by any viruo, bacte-
rium, or other microorganism; or
b. any denial ofaccess to property because
of any virua, bacterium, or other microor-
ganism.
iorooFgoniom.
3' Superseded Exclusions — The Vlma or 8au-
haho exclusion set forth by this endorsement
supersedes the "banns' of any other exclu-
sions referring to "pollutants" or to contami-
nation with respect to any |000, cnot, or ex-
pense caused by, resulting from, or relating to
any viruo, baoterium, or other microorganism
that causes dimaeoe, i||neoa, or physical dis-
tress or that is capable of causing d)nemno, ill-
ness, or physical distress.
OTHER CONDITIONS
Other Terms Remain in Effect --
The ^banno^ of this endorsement, whether or not
applicable to any l000, coa, or expense, cannot be
construed to provide coverage for a|oee. oust, or
expense that would otherwise be excluded under
the policy to which this endorsement is attached.
CL 0700 10 06
Copyright, American Association ofInsurance Services, |nc..2UO6
COMMERCIAL INLAND MARINE
CM 88 94 03 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY.
BUILDERS' RISK EXTENSION PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUILDERS' RISK COVERAGE - SCHEDULED JOBS|TEFORM ' BROAD FORM
SOFT COST AND RENTAL INCOME ENDORSEMENT
The following ioasummary of increased limits ofinsurance and additional coverages provided bythis endorse-
ment. This endorsement is subject to the provisions of "your' policy which means that it is subject to all
limitations and conditions applicable to this Coverage Part and Coverage Forms unless specifically deleted,
replaced or modified herein.
if loss or damage is covered elsewhere in this policy and under this endomement, the amount payable under
this endorsement will apply excess over the amount payable elsewhere in this po|icy, unless otherwise stated.
�
Regardless of the amounts payable elsewhere in this policy and under this endorsement, "we" will not pay
�
more than the actual amount of the covered |oao or damage.
Coverage qqa2!i� Limit of Insurance
CK88894Q319 @ 20181-ibartyMuma Insurance Page 1uf9
Includes copyrighted material nfthe
Additional Limit - Debris Removal
$ 250,000
Emergency Removal - Time Limit
30 Days
Emergency Removal Expenses
$ 50,000
Limited Fungus Coverage
$ 100,000
Waterborne Property
$ 100,000
Contract Penalty
$ 50,000
Expediting Expenses
$ 250,000
Re -Erection Of Scaffolding, Forms, And Falsework
$ 50,000
Fire Department Service Charges
$ 50,000
Ordinance Or Law, Increased Cost to Repair and Cost
to Demolish/Clear Site
Building Is Repaired Or Replaced
$ 500,000
Building Is Not Repaired Or Replaced
$ 500,000
Personal Property
$ 50,000
Pollutant Cleanup And Removal
$ 100,000
Rewards
$ 25,000
Sewer Backup
$ 50,000
Storage Locations
$ 500,000
Testing
$ 100,000
Transit
$ 500,000
Trees, Shrubs, And Plants
Away From A Covered Jobsite
$ 10,000
Blueprints And Construction Documents
$ 50,000
Inflation Increase
5%
CK88894Q319 @ 20181-ibartyMuma Insurance Page 1uf9
Includes copyrighted material nfthe
Coverage Description
Limit of Insurance
Contract Change Order
5%
Claim Preparation Expense
$ 50,000
Construction Trailers And Contents
$ 250,000
Equipment Breakdown
$ 100,000
Fire Protective Equipment Recharge
$ 25,000
Green Building Construction Costs
$ 50,000
Blanket Additional Loss Payees, Additional Insureds
And/Or Mortgagees
Included
Interests Of Subcontractors, Sub -Subcontractors And
Suppliers
Included
Soft Costs And Rental Income -Added Expenses
$ 100,000
Delay In Completion - Extra Expense
$ 100,000
The following changes apply to the COVERAGE EXTENSIONS section of the BUILDERS' RISK COVERAGESCHEDULED JOBSITE FORM - BROAD FORM unless otherwise noted:
-
1. Additional Lhnit-Oebhs Removal
The "limit" in paragraph 1.d. Additional Limit is increased from $5,000 to $250.000.
2. Emergency Removal -Time Limit
The time limit in paragraph 2b. Time Limitation is increased from 10 days to 30 days.
3. Emergency Removal Expenses
The "limit" for Emergency Removal Expense in paragraph 3.c. Limit is inonaooad from $10.000to$50.000.
4. Limited Fungus Coverage
The "limit" for Limited Fungus Coverage in paragraph 5.c. Limit is increased from $15,000 to $100.000.
5. Waterborne Property
The "limit" for Waterborne Property in paragraph 6b. Limit is increased from $10,000 to $100.000.
The following changes apply to the SUPPLEMENTAL COVERAGES section of the BUILDERS' RISK COVERAGE -
SCHEDULED JOB5iTEFORM - BROAD FORM unless otherwise noted:
1. Contract Penalty
The "limit" indicated in paragraph 1.c. Limit is increased from $10.000to$50000.
� 2. Expediting Expenses
* a. The '1knd" in paragraph 3.b. Limit is increased from $10.000 to $250.000.
Lz The following expediting expense is added to paragraph 3.a. Coverage:
�
S) expenses to re -erect scofo|ding, forms and ha|oework. Aper occurrence limit of $50,000 applies for
these expenses separately from and in addition to the limit shown for other expediting expenses.
3. Fine Department Service Charges
The "limit" in paragraph 4.o. Limit is increased from $1,000 to $50.000.
CM 88 94 031B @ 201OLiberty Mutual Insurance Page 2 of 9
Includes copyrighted material nfthe
4. Ordinance Or Law, Increased Cost to Repair and Cost to Demolish/Clear Site
o. The ^Nmd^ in paragraph 7d.2). What We Pay IfThe Building Is Repaired Or Replaced is increased
from $50.000to$500.000.
b. The "limit" in paragraph 7.e.2). What We Pay IfThe Building Is Not Repaired Or Replaced is increased
from $50.000to$500.000.
5. Personal Property
The "limit" in paragraph 8.o. Limit is increased from $10,000 to $50.000.
G. Pollutant Cleanup And Removal
The "limit" in paragraph 8.d. Limit is increased from $25,000 to $100.000.
7. Rewards
� The "limit" in paragraph 10.b. Limit is increased from $1,000 $25,000.
� .
8. Sewer Backup
The "limit" in paragraph 11.b. Limit is increased from o10.000ho$50.000.
F 8. Storage Locations
�
The "limit" in paragraph 12.b. Limit is increased from $10,000 to s500.000.
10. Testing
The "limit" in paragraph 13.b. Limit is increased from $10,000to$100.000.
11. Transit
�
The "limit" in paragraph 14.b, Limit is increased from $10,000 to $500.008.
12. Trees, Shrubs, And Plants
a. Paragraph 15.a. is replaced with the following:
o. Coverage -'Ws' cover direct physical |000 including debris removal expenses, to treea, shrubs,
plants and lawns that are a part of "you/' construction project at or away from a covered
']uboite'', except when such tn*eo, mhrubu, plants and lawns are in storage locations or while in
transit. Refer to paragraph 12.e.3) Storage Locations -Covens0e for coverage for tnaey, ohruba,
plants and lawns while at storage locations. Refer to paragraph 14.o.3) Transit ' Coverage for
coverage for tnaes, mhrubo, plants and lawns while in transit.
b. Paragraph 15.b. is deleted in its entirety.
c. Paragraph 15.d. Limit is replaced with the following:
�
� d. Limits -The most "we" will pay inany one occurrence is:
1) $100.000 for |oao to treeo, mhrubo, plants and lawns etacovered jobmib* and,
� 2) $10.000 for |oao to traao, nhmbm, plants and lawns away from o covered ]obnib*, but not
including tnaea, ahrubu, p|mnLm and lawns at storage locations or while in transit.
"We" will not pay more than $1,000 for any one tnae, ehrub, or plant.
The following SUPPLEMENTAL COVERAGES are added to the BUILDERS' RISK COVERAGE ' SCHEDULED
JC]BG|TE FORM 'BROAD FORM unless otherwise noted:
CK88894O319 @ 20181-ibertyMutua Insurance Page 3mf8
Includes copyrighted material of the
1. Blueprints and Construction Documents
` o. Coverage -"VVe" will pay for the cost of research or other expenses necessary to naproduoe, replace or
restore lost information due to direct physical {000 or damage caused by acovered peril to blueprints
and construction documents which are located at a oowanad 'jobsita" end/or in "your' direct oore,
custody or control. Blueprints and construction documents inn|udu, but are not limited to valuable
popnna, naconds, npecificaUona, construction drawings, construction contracta, mepo, deedo, abstracts
and models.
b. L|rn|bmtimn - 'We' will only cover blueprints and construction documents that directly na)oho to a
covered building or structure as described in the BUILDERS' RISK COVERAGE' SCHEDULED JOBG|TE
FORM -BRDAO FORM,
c Valuation -"We" will value blueprints and construction documents at the full cost necessary to re-
search, plus the cost ofthe blank mobaha|n on which they reside. However, we will only pay for costs of
re000noh and reproduction if'you" reproduce the blueprints and construction documents.
d. Limit -The most "we" will pay in any one occurrence for loss to blueprints and construction docu-
ments is $50,000.
2. Inflation Increase
The "limit" in the declarations is automatically increased by 5Y6to compensate for increases in prices due
to inflation between the time of the contract and the date ofaloss. This increase in "limit" will also be
taken into consideration when contemplating Coinsurance. The amount of increase will be:
a. the "limit" that applied on the most recent of the policy inception dote, the policy anniversary doba, or
any other policy change amending the "limit", Umeo,
b. the 596 incraoma, expressed as odeuima/ (05) times the number of days since the beginning of the
current policy year or the effective date of the most recent policy change amending the ''|imit", divided
by the number of estimated days of the project's hda| duration.
This supplemental coverage does not apply to any expenses covered by Soft Costs or Rental Income
coverage.
3. Contract Change Order
e. Coverage -VVhen anovered peril occurs to ecovered building or structure, "we' pay for increases in
construction costs related to changes in construction specifications.
b. Coverage Limitations
1) "We" only cover increase /n construction cost related to changes in construction specifications
� o) changes in construction specifications have been aubmitted, appnoved, and signed by the
a
construction manager prior to the occurrence of the covered peril; or
b) increases in construction costo for changes in construction specifications are required by an
applicable escalation clause in the original construction contract
� 2) "We" only pay for increased in construction onoto related to changes in construction specifications
after covered property has been repaired or replaced,
3) We Do Not Pay - "We" do not pay for any increases in construction costs related to the enforce-
ment of any code, ordinance, or law regulating the use, conatnuction, or repair of any building or
c. Limit 'The "limit" in the declarations is increased up to 596 in any one occurrence for increases in
construction cost related to changes in construction specifications.
CM 88 9403 19 @ 20101-ibedyMutua| Insurance Page 4of9
Includes copyrighted material of the
4. Claims Preparation Expense
a. Coverage - "We" pay for reasonable and necessary expenses for claim preparation expenses incurred
by "you" at "our" request to assist "us" in the determination of the amount of a covered loss.
b. Claim Preparation Expenses Means -- Claim preparation expenses means the cost of:
1) taking inventory;
2) acquiring independent appraisals; or
3) services provided by accountants, contractors, or engineers, but only for the purposes of deter-
mining the extent or amount of a covered loss.
c. Coverage Limitations -
1) Claim preparation expenses must be a direct result of loss or damage by a covered peril to a
covered building or structure.
2) "We" only cover claim preparation expenses if "you" have submitted a notice of loss to "us", and
"we" have determined that the loss is covered in accordance with the provisions described in the
BUILDERS' RISK COVERAGE- SCHEDULED JOBSITE FORM - BROAD FORM.
d. We Do Not Pay For - "We" do not pay for any:
1) expenses incurred under the Other Conditions, Appraisal section of this coverage;
2) public adjusters' or claim consultant fees including fees for any person acting for or on behalf of a
public adjuster or claim consultant;
3) attorneys' fees or other legal fees;
4) insurance broker or agent fees including fees for any person acting for or on behalf of an insurance
broker or agent;
5) costs incurred by "you" in establishing that a loss or part of a loss is covered in accordance with
the provisions described in the BUILDERS' RISK COVERAGE - SCHEDULED JOBSITE FORM -
BROAD FORM;
6) costs incurred by "you" in the negotiation or presentation of a loss or part of a loss that "we" have
notified "you" is in dispute or denial; and
7) costs for "your" overhead or other operating expenses.
e. Deductible - Covered claim preparation expenses are included as part of the deductible provisions
described in the BUILDERS' RISK COVERAGE - SCHEDULED JOBSITE FORM - BROAD FORM;
f. Limit - The most "we" will pay in any one occurrence is $25,000.
5. Construction Trailers and Contents -
a. Coverage - "We" pay for direct physical loss or damage by a covered peril to construction trailers and
their contents, other than blueprints, construction documents, valuable papers and records, and mis-
cellaneous personal property of others, but only while they are located at a "jobsite" of a covered
building or structure.
b. Valuation - "We" will determine the amount of covered direct physical loss or damage:
1) at the actual cash value for construction trailers owned by "you" up to the "limit" shown in
paragraph c. -Limit in this supplemental coverage;
2) for construction trailer's leased rented or borrowed by "you", the lesser of:
a) the cost to repair or replace construction trailers with materials of like, kind, quality and
capability at the time and place of direct physical loss or damage;
CM 88 94 03 19
Q 2018 Liberty Mutual Insurance
Includes copyrighted material of the
Page 5 of 9
b) the amount "you" are leQe/k/ liable to pay for direct phyaical loom or damage as agreed to in a
written contract executed prior to the loss or damage;
c) the "limit" shown in paragraph c.-Urnh in this supplemental coverage.
3) for the contents of construction trailers, at the coot to repair or replace the covered property at the
location of the |000 or damage with similar property intended to perform the name function;
4) for contents of construction trailers that is not rap|aced, the actual uoah me|ue. at the location of the
loss ordamage.
C. Limit -The most "we" will pay in any one occurrence is $250 ,000.
6. Equipment Breakdown
a. Coverage -- "We" pay for direct physical loss bncovered property caused by:
1) Explosion, Rupture, or Bursting — Exp|ooion, mptura, or bursting of steam bni|ena, steam or gas
turbineo, steam p|pes, or nbamm engines. This Supplemental Coverage applies only to loss or
damage to the nbaom boi|ero, steam or gas turbineo, steam pipao, or steam engines in which the
iooe occurred.
2) Mechanical Breakdown -- Mechanical breakdown including centrifugal force.
3) Electrical Currents --Arcing or by electrical currents other than lightning.
b. Perils 2xn{odmd ' The exclusion for Exp|oaiun. Rupture, or Bursting; Mechanical Breakdown; and
Electrical Currents under paragraph 2.e. PERILS EXCLUDED of the BUILDERS' RISK COVERAGE -
SCHEDULEDJ(}BS|TE FORM -BROAO FORM is deleted.
o. Limit —The most "we" will pay in any one occurrence is $100,000.
7. Fire Protective Equipment Recharge
a. Coverage — "We" pay for reasonable and necessary expenses "you" incur to recharge o, rn0| fina
protective equipment which has been discharged:
1) by the intended operation in the course of preventing or controlling aoovened poh| to covered
buildings or structures; or
2) accidentally.
b. Limit --the most "we" will pay in any one Vooumanoe is $25,000.
8. Green Building Construction Costs
ADDITIONAL DEFINITIONS
a. "Green Certification" means certification of abuUding based on on environmental rating system estab-
lished by LEEDor Green Globes to determine the performance and sustainability of buildings through
positive environmental deeign, operation, and management. {3nsan Globes is an environmental as-
neoomant, eduoadun, and rating system of the Green Building |niUabvu, developed to advance the
nvnnaU environmental pedbnnonue and sustainability of buildings.
:
LEEOmeanm Leadership in Energy and Environmental Design. Leadership in Energy and Environmen-
tal Design is a voluntary national certification system (Green Building Rating System) for the develop-
ment of high parformancn, sustainable buildings. The rating system was developed by the United
States Green Building Council.
b. "Renewable Energy Generating Equipment" means electrical generating equipment using renewable
resources induding, but not limited to aao|ar, vind, or geothermal energy system; low impact hydro
system; or biomass or bio- gas system.
CM 88 94 03 19 @ 20181-ibertyMu1uo| Insurance Page $ of
Includes copyrighted material ofthe
c. "Water Conservation Syob*nf means avvatar reclamation and conservation system consisting of
plumbing nyebem, below ground pipes and pumpa, resenxoim, holding bsnko, and structures to collect
rainwater and/or groundwater all at or within 500 feet of aoovered building or structure designed for
the uinou|eUon of gray wobar, ground water or rain water to:
1) e building's non -potable water supply;
2) an onsite water treatment hsdhh/; or
3) e holding facility for outdoor irrigation.
"Water Conservation System" does not mean underground pipes or sprinkler heads intended solely
for the purposes of landscape irrigation and that are not integrated into the water reclamation and
conservation system.
COVERAGES
Green Construction Costs — The following coverages are added to the BUILDERS' RISK COVERAE;E'
� SCHEDULEDJDBS|TE F{}RK8 -BROAD FORM. Green construction costs mean the necessary and reason-
able costs relating to complying with "Green Certification" standards in the oonotruuhon, ensction, or
fabrication ofacovered building or structure.
Limit — 'We" will pay up to $50,000 in any one occurrence for one or more of the following Green
�
Construction Costs:
a. Indoor Air Quality
1) Coverage -- When direct physical loss or damage caused by a covered peril occurs to 000vored
building or structure, "we" pay for "your' costs to restore indoor air quality to the standard that
"you" set in "you/' Indoor Air Quality Management Plan for the covered building or structure, but
only to the extent that the standard was achieved prior to the direct physical |ooe or damage.
@
"Your" plan must be consistent with the measures specified for "Green Certificodon"
2) Cost To Restore Air Quality Includes -- Costs to restore indoor air quality includes omota for:
o) indoor air quality testing;
b) the air flush out procedure for the napoinod or nap|ocad space (flushing out as specified for
"Green Certification"); and
u) replacement of filters (except those processing only outside air).
b. Recycling Debris
1) Coverage -- When direct physical loss or damage caused by ocowsred peril occurs to ecovenad
building or structure, "we" pay for "you/' costs to divert debris of the damaged property from a
landfill to a recycling tsciUty, if the debris can be recycled.
�
� 2) Coverage Limitation —The diverted debris must he as a naau|t of acovenad loss to o covered
building or structure.
o. Recertification
:
1) Coverage -- When direct physical |noa or damage caused by o covered peril occurs to aoovensd
building or structure, "we" pay for 'your" costs for recertification of the covered building or
structure in accordance with ''Gvaan Certification" standards.
2) Recertification Costs Include -- Recertification costs include costs for certification fees and uou10
for certified consultants and engineers who are required for "Green Certification".
3) Coverage Limitation —"We" only cover costs for recertification to the |em| of "Green Certifica-
tion" that was achieved prior to the dote of the direct physical loss or damage.
CM 889483 19 e 20181-ibeny Mutual Insurance Page 7ofS
Includes copyrighted material ofthe
d. ElectricityOrWaterReplacement—Ifuoverage for Electricity OrWater Rep|acementisindicated on
the Green Building Schedule, "we" provide the following coverage.
1) Coverage — When direct physical loss or damage caused by e covered peril occurs to "your'
"renewable energy generating equipment" or "water conservation oymtam^. "we" pay for '\nur'
costs to buy replacement electricity or water from epub|ic utility.
2) Coverage Limitation — "We" only pay for nap|mmameni electricity or vvmber if "your' "renewable
energy generating equipment" or "water conservation system" would have produced electricity or
water for "your' construction project had there been no direct physical |omo or damage to the
equipment or system.
3) Time Limitation —"We" only provide coverage for Electricity Or Water Replacement until "your"
"nanevvebh* energy generating equipment' or "water conservation system" are repaired or re-
placed and the equipment or systems operate in accordance with the manufacturers' specifica-
tions.
However, coverage for Electricity Or Water Replacement is not extended beyond the expiration
date of this policy.
Separate Limits —The "limit" for Green Construction Costs is separate from, and not part of, the ap-
plicable "limits' for coverage described under Property Covered in the BUILDERS' RISK COVERAGE -
SCHEDULED JOBS|TEFORM - BROAD FORM.
The "limit" available for the coverages described under Green Construction Costs is:
o. the only "limit" available for one urmore ofthe described coverages; and
b. not the sum of the "limit" indicated under Green Construction Costa and the "limit" for acovened
building or structure.
The "limit" provided under Green Construction Costs cannot be combined or added to the ''|imif' for any
other Coverage Ex±ension, Supplemental Coverege, or any other Green Construction Cost.
0. Blanket Loss Payees, Additional Insureds And/Or Mortgagees
In addition to the benna and conditions contained within this pn|icy, the following applies under OTHER
For property covered in which both "you" and loss payeea, additional insureds and/or mortgagees have an
insurable interest, and only to the extent that the named insured is obligated by virtue of a written agree-
ment to provide insurance on behalf cfthe loss payees, additional insureds and/or mortgagees, '\we'^ will:
a. adjust losses only with "you"; and
b. pay any dakn for loss or damage jointly to "you" and the beo payoe, additional insured and/or
muhgagee, as "your" and their respective interests may appear.
�
a This supplemental coverage applies to all property covered for which e |oeo payee. additional insured
and/or mortgagee is named in the declarations or is on file with "us" or "your' insurance agent or
insurance broker.
: If the loss payable schedule form IN11271 or IK47902 is attached to this po|icy, the above automatically
applies for all kme poyees, additional insureds and/or mortgagees identified in the schedule of loss payees
reported by "you" that "we" keep on file, or is kept on file with "your' insurance agent or insurance broker.
CM QQ 84 ¢3 18 0 2018 Liberty Mutual |naunonm» Page 8 of 9
Includes copyrighted material nfthe
10. Interests Of Subcontractors,Sub-mubcontractorsAnd Suppliers:
The following is added to the OTHER CONDITIONS section of the BUILDERS' RISK COVERAGE- SCHEDULED JOBSITE FORM - BROAD FORM:
-
|ntmromt Of Subcontractors, Sub'subcmntsactmnu, And Suppliers — "We" cover the interest, which your
auboontrmctnna, your sub -subcontractors and your suppliers have in the Covered Property, but only while
such property is situated eda']obaihe' that "you" have reported to "us" This condition does not impair
any right of subrogation we would otherwise have.
When the SOFT COST AND RENTAL INCOME ENDORSEMENT is attached to this poUoy, the following is added
to paragraph 1.c.:
Soft cost expenses are limited to:
7) Insurance Premiums -- Additional insurance premium necessary to maintain coverage under applicable
policies of insurance.
� 8) Licenses and Permits -- Additional costs and fees for licenses and permits.
S) Tax Cnadda -- Estimated tax credits earned annually during the life of the project
10) Project Manager -- additional cost for an"Independent Project Manager"
�
� The most "we" will pay for items 7- 10 is $100.000 and is in addition to the Soft Coot limit specified on the
Schedule of Coverages.
The following is added to ADDITIONAL DEFINITION:
"Independent Project Manager" means an independent additional nsaounze hired solely for the purposes of
managing the recovery of aconstruction project to its original state following acovered loss.
I The following isadded hoCOVERAGE EXTENSIONS:
4. Delay In Completion -Eztra Expense
e. Coverage — In the event of a "delay", "we" will cover any "Extra Expense" incurred to establish
operations at replacement premises or temporary |ocadono, including relocation expenses and costs
to equip and operate the replacement premises or temporary locations as result of the '\je|ay'
b. Coverage Limitation -- Expenses paid under this coverage extension will not increase the applicable
Soft Cost or Rental Income "limit".
c. Limit --the most "we" will pay in any one occurrence is $100,000.
The following is added to ADDITIONAL DEFINITION:
"Extra Expense" means "your" necessary expenses that "you" would not have incurred if there had been no
direct physical loss or damage to property caused by or resulting from a covered cause of loss.
CM 88 94 03 19 @ 20181-ibertyMutua Insurance Page 9 of
Includes copyrighted material ofthe
COMMERCIAL INLAND MARINE
CM E9 220620
This endorsement changes the Inland Marine Coverage. PLEASE READ THIS CAREFULLY.
This endorsement modifies insurance provided under the following:
BUILDERS' RISK COVERAGE
(The entries required to complete this endorsement will be shown below or on the "schedule of cov-
erages".)
SCHEDULE
Covered Location Deductible
Amount
3701 Country Club Rd Sanford, FL 32773
HOW MUCH VVE PAY
In this endorsement windstorm refers to the weather events windstorm or hail.
2%
The deductible provision under HOW MUCH VVEPAY k» replaced by the provisions for Flat Deductible or
Percentage Deductible when loss to covered property is caused byovresults from windstorm or hail:
The V@ndobonn Deductible indicated on the Windstorm Schedule is applicable to loss or damage to covered
property caused directly or indirectly by the peril of windstorm.
Loss or damage naau|Ung from ocoverad weather oondiUon, other than wiodahonn, will be considered to be
caused by windstorm and will be considered pert of the windstorm occurrence if the loss or damage would
not have occurred without the weather conditions of windstorm.
1. Flat Deductible ' When oflat dollar deductible is indicated onthe Windstorm Schedule, "we" pay only
that part of "your" kmm over the deductible amount in any one occurrence,
2. Percentage Deductible -
a. Percentage -VVhon a 1%. 2%, or 6Y6deductible is indicated on the Windstorm Schedule, "we" pay
only that part of "your' /oao over the deductible amount in any one occurrence. The deductible
amount is determined by applying the percentage indicated on the schedule to the value of the
covered property that is involved in the loss.
b. Value Determined At Time Of Lmom-On)y as regards the determination of the Percentage Deduct-
ible, the value of covered property is determined at the time of |oma or damage and /n accordance
with the provisions described under the Valuation section of the policy. The value of oowanad
property is not based on the estimated completion value of the covered property.
n. Deductible Applies Separately - The percentage deductible applies separately to each covered
building or structure.
CM 89 22 05 20 @ 20201-ibertyMutuo Insurance paQa 1 of
Includes copyrighted material ofthe
AAIS This endorsement changes
|M 2019 O809 the policy
Page 1 of 1 --PLEASE READ THIS CAREFULLY—
AMENDATORY ENDORSEMENT
FLORIDA
I. Under Loss Payment, Your Losses is amended to include the following:
If "we" have agreed in writing to the settlement of o claim, "we" will pay for that loss within 20
days after such settlement is reached.
3. Under Other Condit}ona, KAiorepreoentoUon, Concealment, Or Fraud is deleted and replaced by
the following:
Misrepresentation, Concealment, Or Fraud — This coverage may be voided if, before or after a
a. an insured has willfully concealed or misrepresented:
1> any material fact or circumstance concerning this insurance; or
2) an inounyd's interest herein if mabahei
This means "we" would not have issued the policy at the premium charged if "we" had
known the facts "you" concealed or misrepresented.
b. there has been fraud or false swearing by an insured with respect to this insurance or the
subject thereof.
3. |nall coverage forms except Cold Storage Locker Coverage, Contingent Cargo Coverage, Motor
Truck Cargo Legal Liability Coverage, Riggers' Legal Liability Coverage, -
and VVarahuu � |
Liability Coverage, under Other Conditions, paragraph b. of Suit Against Us is deleted and
replaced by the following:
b. the suit has been brought within five years after "you" first have knowledge ofthe loss.
|M 20190809
Copyright, American Association ofInsurance Services, |nu.20O9
AAIS This endorsement changes
|NY 2200 06 04 Builders' Risk Coverage and Installation Floater Coverage
Page I of 3 -- PLEASE READ THIS CAREFULLY --
AMENRY ENDORSEMENT ~FUNGUS EXCLUSION
AND LIMITED COVERAGE DELETED
1' Under Definitions, the definition of "fungus" o. Coverage Limitation —Thiacoverage is
is deleted. pod of and not in addition to the apdica'
2^ Under Coverage Extensions, the Limited
"limit" for coverage described under
mite� Fun- Property Covered.guaCovenyge Extension is deleted.
4. The following applies to IM 705O. |[N 7D5�.
3. The following applies to |K8 7050. |N1 7052' and |K8 7053. if applicable:
and IM 7053, if applicable:
U@ 22000604
Copyright, American Association cfInsurance Services, |nu.2UO4
Under Supplemental Coverages, Ordinance
Under Supplemental Coverages, Ordinance
or Law (|nonsaoad ��oo ToRapoir'And Cost To
or Low (Undamaged Parts ofaBuUdinQ) is de-
Demolish/Clear Site) is deleted and replaced
|etud and replaced as follows:
as follows:
Ordinance Or Lam/ (Undamaged Parts Of A
Ordinance Or Lam/ (increased Cost To Repair
Building) —
And Cost Tm Demolish/Clear Site) --
a.
a. CovmnaQa -- When onovo»ed peril occurs
a. Increased CostTmRapm|r—
to a covered building or structure, "we"
pay for the value of undamaged pads of
1) Coverage -- When aoovenad peril oc-
coven*d building or structure that is re'
ounu to a covered building or otruc-
quired to be demolished uaoresult of the
ture. '\ma" cover the increased cont
enforcement of any ordinance. |aw, or de-
to rapair, nabui|d, or reconstruct:
cneeihat
m) damaged portions of a covered
1) requires the demolition of
building or structure; and
undamaged parts ofocovered build-
ing or structure that is damaged or
b) undamaged portions of a cov`
deydroyed by ecovenad peril;
enad building or structure vvhedh-
aror not those undamaged por-
2) regulates the construction or repair
bona need tobedemolished;
of a building or atmdura, or anbab-
Uohem bui|ding, zoning. or land use
as a naou|t of the enforcement of
nequ|raments at a covered location;
building, zoning, or land use nrdi-
and
nonoe or daonoe and is in force
' /avv '
at the time when mcovenad peril oo'
3) is in force at the time of loss.
curs to o covered building or struc-
ture.
b. We Do Not Cover — "We" do not cover
the costs associated with the enforce-
2} |fThe Building Is Repaired Or Rebuilt
ment of any ordinance, |ew, or decree
—|facovened building or structure is
that naquinam "you" or anyone else to tomd
repaired or rebui|t, it must be inband-
for, mon|tor, o|aon up, remove, contoin,
ed for similar occupancy as the cur-
uptneat.
treat,datoxify, or neutralize or in any vvoy
rent propedy, unless otherwise re -
respond to or assess the effects of''po||u-
quinad by bui|ding, zoning. or land
tants".
use ordinance, |ovv. or decree.
U@ 22000604
Copyright, American Association cfInsurance Services, |nu.2UO4
&AIS
|M 220 06 04
Page 2 of 3
3) Coverage Limitation — ^VVo" do not
e. What We Pay If The Building Is Not Re-
cover the increased cost ofconetnuo-
paired Or Replaced — If the covered
tion until the covered building or
building or structure is not repaired or re-
structure is admo||y repaired or e+
placed. "we" pay the lesser of:
p{ouad and unless the repairs or re-
placement are made as soon oonaa-
1) the amount "you" actually spend to
oonab|y possible after the loss, not to
demolish and clear the site; plus the
exceed two years.
cost "you" would have incurred to
replace the damaged or destroyed
b. Cost To Demolish And Clear Site -- "We"
property with other property:
cover the coot to demolish and clear the
� site of undamaged p�� of the covered
parts
o> of like kind, and quality;
building or structure that is damaged or
b) of the same height floor oree
destroyed by a covered peril. The
' '
and style; and
demolition must be a result of the
en-forcement
of e buUding, zoning, or land
o) used for the same purpose; or
� use ordinance, |avv, or decree that is in
force at the time when aoovenad peril oc-
2) $50.800.
cum to ocovenod building or structure.
5. Under Perils Excluded, the Fungus Exclusion
c We Do Not Cover -- "We" do not cover
is deleted.
the costs associated with the enforce-
6. The following applies to |yN 7050IM 7052 |K8
ment of any ondinanoe, lew, or decree:
7053, |K8 7100. and |K8 7101. if applicable: '
� 1) that requires 'you" or anyone else to
Under Perils Excluded, the exclusion for Con-
test for, monitor, clean up' remove,
bamimeUon Or Deterioration is deleted and re -
contain, treat, detoxify, or neutralize
placed by the following:
or in any way respond to or aeaamn
the effects of "pollutants"; or
Contamination Or Deterioration — "We"
�) "you" to
do
do not pay for loss caused by oonhamina-
were required comply with
or deterioration including corrosion,
befone the covered peril occurred too
decay, fungus, mildew, mold, rot, rust,or
covered building or structure, even if
any quality, fault, or weakness in the oov-
the building or structure was
"you"
enad property that oouoeo ittodamage or
undumaQed and failed t000m-
destroy itself.
ply with the ordinance, |ow, or de-
cnae.
But if contamination or deterioration re-
o d. What We Pay If The Building Is Repaired
sults in acoveved peril, "we"docover the
a Or Replaced -- |fthe oowsnsd building or
|uso or damage caused by that covered
peril.
structure is repaired or replaced, "we"
pay the lesser of:
7. The following applies to /KA 7051 and |K8 7054.
;ifapp|ioab|a�
1) the amount "you" actually spend to
�
demolish and doer the site, plus the
Under Perils Exduded, the exclusion for Con -
actual increased coot to repair, re'
baminedion Or Deterioration is deleted and re-
*bui|d.
build,or construct the property but
placed by the following:
not for more than a building or struc-
ture of the same height, floor area,
and style; or
3) $50.000.
|K8 2200 06 04
CopyhQht, American Association
ofInsurance Services, Inc., 2004
�
a
AAlS
|M 220 06D4
Page 3 of 3
Contamination Or Deterioration — ^VVe'
do not pay for loss caused by contamina-
tion or deterioration including corrooion,
dacey, funguo, mi|dem, mold, rot, rust, or
any qua|ih/, fau|t, or weakness in the cov-
ered property that causes ittodamage or
destroy itself.
W' The following applies only to |yN 7054. if ap-
plicable:
Under Other Coverages, Collapse, paragraph
5.. Limited Fungus Coverage Dues Not In-
crease/Decrease Coverage is deleted.
|M 22000604
S. The following applies to |K8 7050. |WY 7051. |K8
7052, IM 7053. |K8 7054. |K8 7100, and |N1 7101.
if applicable:
Under Other Conditions, Restoration OfUm'
its is deleted and replaced as follows:
RestoradonOfUmits—Aloss "we' pay un-
der this coverage does not reduce the applica-
ble
Copyright, American Association ufInsurance Services, |mc..2UU4
AAIS
|M7050Q404
Page I of 18
BUILDERS' RISK COVERAGE
SCHEDULED JOBSITE FORM
BROAD FORM
4. "Flood" means flood, surface wo{er, waveu.
AGREEMENT
tidal water,or the overflow of a body of wa-
ter, all whether driven by wind or not. This
includes spray that results from these whot '
|n return for "your' payment of the required pre-
erdrivmn by wind or not.
� mium. '\we^ provide the coverage described here -
6. "Fungus" means:
� in subi�ot to �U the "terms" of the Builders' Risk '
Coverage. This coverage is also subject to the
a' ofunQus' including but not limited to mil -
.. achedu|a of ooveragee'' ond additional policy
dew and mo|d
'
conditions relating to assignment or tnsosh*r of
b' oPnoUat. including but not limited to a|'
� righta or dutiee, canceUation, changes or modifi-
gae and slime mold;
� oadonn, inepections, and examination of books
c. wet rot and dry rot;
and records.
Endorsements
emento and schedules may also apply.
�
eboo��hum' or
They are identified on the "schedule of cover-
e^ a chemical, mattmr, or compound
egeo"
produced or released by a fungus. o
� Refer to Definitions for words and phrases that
protist, wet rot' dry rot, or a bacterium,
including but not limited to toxins
special meaning. These words and phrases
'have
spores, fragments, and metabolites such
are shown in quotation marks or bold type.
as microbial volatileorganic compounds,
6. ''Jobeibe" means any |omation, project, or
DEFINITIONS
work site vvhena "you" are in the process of
conatruoting, anaodng, or fabricating a build-
ing or structure.
1. The words "you" and "your' mean the par-
7' ''Limit' means the amount of coverage that
sons or organizations named as the insured
applies.
onthe declarations.
2. The words '\me'. "um". and 'bur' mean the
8. "Pollutant" means:
company providing this coverage.
a` any no/id. liquid, goaeuuo. thermal,
,ur��
3. "Earth movement" means any movement or
d�echve irritant' ant or contaminant includ-
ing ao/du, alkalis, chemicalsfumes
� vibration of the earth's surface (other than
smoke, soot' wapor, and waste'VVaehe in'
^'
"sinkhole collapse") including but not limited
c(udeo materials to be recycled,
--'~
hoeahhquake; landslide; mudOow; mudslide;
da/mad, or reconditionedo. U
- ''- ~~
mine subsidence; or ainking, ho/ng, or shift-
disposed of; and '
� ing of earth.
b. electrical or magnetic amiosione, whether
visible or inviaib|e, and mound emissions.
D0 70600404
Copyright, American Association ofInsurance Services, Inc,, 2004
�
a
AAIS
|M 7050 04 04
Page 2 of 18
9. "Schedule of coverages" means:
a. all pages labeled schedule of coverages
or schedules that pertain to this cover-
age;
oveFage; and
b. declarations or supplemental declara-
tions that pertain to this coverage.
10. "Sinkhole oo||epoe' means the sudden settle-
ment or collapse of earth supporting the
covered property into subterranean voids cre-
ated by the action of water on e|imeotone or
similar rock formation. It does not include the
value of the land or the coat of filling
sinkholes.
11, "Specified perils" means aircraft; civil com-
motion; explosion; falling objects; fire; hail;
leakage from fir* extinguishing equipment
lightning; riot; "sinkhole collapse"; smoke;
sonic boom; vandalism; vehicles; "volcanic
action"; water damage; weight of ice, snow,
or sleet; and windstorm.
Falling objects does not include loss to:
a. personal property in the open; or
b. the interior of buildings or structures or to
personal property inside buildings or
structures unless the exterior of the roofs
or walls are first damaged by afaUing ob-
ject.
Water damage means the sudden oracciden-
tal discharge or leakage of water or steam as
adirect oaau|t of breaking or cracking ofapart
of the system or appliance containing the wa-
ter or steam.
12' "Terms" means all provisions, |imitaUono,
exr|ueiona, condidona, and definitions that
apply.
13. "Volcanic action" means airborne volcanic
blast or airborne shock waves; aah, duet, or
particulate matter; orlava flow.
Volcanic action does not include the coat to
remove aeh, duot, or particulate matter that
does not cause direct physical |oon tothe cov-
ered property.
|M 7050 O404
PROPERTY COVERED
"We" cover the hdkmvng property unless the
property is excluded or subject to limitations.
Course Of Construction --
1.
1. Covera8a — "We" cover direct physical |oaa
caused by a covered poh/ to buildings and
structures while in the course of conoiruotion,
erectinn, or fabrication.
Buildings and structures in the course ufcon-
otruction in limited to:
e. materials and supplies that will become a
permanent ped of the buildings orcdmo-
tuveo�
.
b' foundaUnnu, excavations, grading, @}inQ,
atteohmenta, permanent fencing, and
other permanent fixtures;
c. omoMb|ding, construction forms or tempo-
rary fencing at the described ']obeite^;
and
d. temporary structures at the described
']oboite'
3. Coverage Limitation -- "We" only cover build-
ings and structures in the course ofoonmtrur-
don at the 'jnbaite" described on the "sched-
u|enfcowanogea"
PROPERTY NOT COVERED
t Aircraft Or Watercraft -- "We" do not cover
aircraft or watercraft.
2. Contraband -- "We" do not cover contraband
or property in the course of illegal transporta-
tion or trade.
Copyright, American Association ofInsurance Services, |nc.2OV4
AAIS
|M 7050 0404
Page 3 of 18
3. Land —"We" do not cover land including land
on which covered property is located.
4- Money And Securities —'"8e" do not cover
aocountm, biUo, curmonoy, food etompm, or oth-
er evidences of debt. lottery tickets not held
for sale, money, notes, or securities.
6' Standing Building Or Structure — "We" do
not cover any:
e. standing building or structure;
b. pert of a standing building or structure;
or
c standing building or structure to which
additiono, aKenabnno, improvements, or
repairs are being mode.
A standing building or structure means any
building or structure that has been wholly or
partially oonotructad, erected. or fabricated. A
standing building or structure also means any
building or structure that is in the process of
onnetruction, enection, or fabrication at the in-
ception of this policy.
$. Vehicles -- "We" do not onmar automobiles or
any self- propelled vehicles that are designed
for highway use.
Unless otherwise indicated, the coverages pro-
vided below are pod of and not in addition to the
applicable "limit" for coverage described under
Property Covered.
The "limit" provided under oCovenege Extension
cannot be combined or added to the "limit" for
any other Coverage Extension or Supplemental
Coverage including aCovensge Extension orSup-
p|emenba| Coverage that is added to this policy by
endorsement.
If coinsurance provisions are part of this po|icy,
the following coverage extensions are not subject
to and not considered in applying coinsurance
1. Debris Removal --
a. Coverage -- "We" pay the cost to remove
the debris of covered property that is
caused byacovered peril.
h. We Do Not Cover — This coverage does
not include costs to:
1) extract "pollutants" from landorwa-
2) remove, nsotona, or replace polluted
land or water.
IM 70500404
Copyright, American Association ofInsurance Services, |nc..20O4
c. Umit—nWe" do not pay any more under
COVERAGE EXTENSIONS
this coverage than 2596ofthe amount
'\wm' pay for the direct physical loss.
"We" will not pay more for |naa to prop -
Provisions That Apply To Coverage Extensions —
eMy and debris removal combined than
The following Coverage Extensions indicate on
the "limit" for the damaged property.
applicable "limit". This "limit" may also be
"schedule
d. Additional Limit -- "We" pay uptoonad-
shown on the ofcovenageu".
dibona| $5.000 for debris removal ex -
x-
If a different
|fadiffenant "limit" in indicated on the "schedule
ponae when the debris removal expense
a of coverages", that "limit" will apply instead of
exceeds 2596ofthe amount "we" pay for
the "limit" shown below.
direct physical |onm or when the loom to
However. if no "limit" is indicated for oCnvenaga
property and debris removal combined
� Extenuion, coverage is provided up to the full
exceeds the "limit" for the damaged
"limit" for the applicable oomamad property unless
property.
adifferent "limit" is indicated on the "schedule of
e. You Must Report Your Expenses — "We"
covenegea^
du not pay any expenses unless they are
reported to "us" in writing within 180
days from the dabs of direct physical loss
to covered property.
IM 70500404
Copyright, American Association ofInsurance Services, |nc..20O4
AAIS
(M 70500404
Page 4 of 18
2. EmargencyRemmva|—
a. Coverage -- "We" cover any direct phys-
ical loss to covered property while it is
being moved or being obunyd to prevent o
|omm caused bymcovered peril.
b. Time Limitation — This coverage applies
for up to ban days after the property is
first moved. /\|an, this coverage does not
extend past the doba on which this policy
expires.
3. Emergency Remov/Expeoses—
m. Coverage — ^VVe^ pay for "your" ex-
penses to move or store covered property
to prevent a/ooa caused byacovered pep
b. Time Limitation —This coverage applies
for up to ten days after the property is
first moved. Also, this coverage does not
extend past the date on which this policy
expires.
o. Limit — The most "we" pay in any one
occurrence for expenses to move or store
covered property to prevent a |oao is
$10,000.
d. This Is Separate Limit —The ^|/mU" for
Emergency Removal Expenses is sepa-
rate from, and not port of, the applicable
"limit" for coverage described under
Property Covered.
4' Fraud And Deceit --
a.
a. Cmvermge — ^VVe" cover theft of covered
property when "you", "your" agenta,
ouotnmero, or consignees are fraudulent-
ly induced to port with the covered prop -
1) to persons who falsely represent
themselves as the proper persons to
~ nsmake the property;
2) by the acceptance of fraudulent bills
of lading or shipping receipts; or
3) aoaresult of or directly na/abad to the
use of any electronic data processing
hardware or software.
N8 700 04D4
h. Limit — The most "we" pay in any one
occurrence for theft of covered property
under this Coverage Extension is $50,000.
S. Limited Fungus Coverage --
a. Coverage -- "We" pay for direct physical
loss to covered property caused byorre-
lating to the existence of or any activity of
"fungus"
b. Coverage Limitation — "We" only cover
|omn caused by "fungus":
i) when the "fungus" is the result of:
a) a'speoifiod peril" other than fire
or lightning; or
b) "flood' (if the Flood is
provided under this policy);
that occurs during the policy period;
and
2) if all reasonable steps were taken to
protect the property from additional
damage at and after the time of the
c. Limit—Themust "we pay for all losses
at all buildings or structures is $15.000.
unless another "limit" is indicated on the
"schedule of coverages". The Limited
Fungus Limit applies nogand|eua of the
number ofclaims made.
The Limited Fungus Limit applies regard-
less of the number of locations or build-
ings or structures insured under this poli-
cy.
The Limited Fungus Limit is the most that
'\we" pay for the total of all |oaa or dam-
age arising out of all occurrences of
"specified peri|a", other than fire orlight-
ning, or "flood" (if applicable) during
each separate 12- month period begin-
ning with the inception date of this policy.
Copyright, American Association ofInsurance Services, |ma.2004
AAIS
|M7060$404
Page 5 of 18
d. If The Policy Period Is Extended — If the
policy period is extended for anaddition-
al period of )eae than 12 months, this ad-
ditional period will be considered part of
the preceding period for the purpose of
determining the Limited Fungus Limit.
m' Recurrence And Continuation Of Fungus
— Lhnbad Fungus Lhnb is the most that
'\ma' pay with respect hoospecific occur-
rence
ccupnance ofaloss which voauko in "fungus"
even if such "fungus" recurs or continues
to exist during this or any future policy
period.
t Limit Applies To Other Costs Or Ex-
penses — Limited Fungus Limit also ap-
plies toany cost orexpense to:
1) clean up, contain, treat, detoxify, or
neutralize "fungus" on covered prop-
erty or remove "fungus" from nov-
enadpropedy;
2) remove and nap|ooe those parts of
covered property necessary to gain
access to"fungus"; and
6. Waterborne Property --
a. Coverage — "We" cover direct physical
loss caused byacovered peril to covered
property vvhi|o waterborne.
b. Limit — The most ^vve" pay in any one
occurrence for |oao to waterborne prop-
erty is $10,000.
SUPPLEMENTAL COVERAGES
Provisions That Apply To Supplemental Cover-
ages -- The following
ovepages—ThefoUovvng Supplemental Coverages in-
dicate on applicable "limit". This "limit" may also
be shown cmthe "schedule of coverages".
If o different "limit" is indicated on the "schedule
of coverages'. that "limit" will apply instead of
the "limit" shown below.
However, if no "limit" in indicated for eSupple-
mental Coverage, coverage is provided up to the
full "limit" for the applicable covered property un -
leas o different "limit' is indicated on the "nchedule of coverages".
-
3) test for the existence or level of^fun-
UUnless otherwise indicated, a"|imh^ for aSup'
gus. following the repair, replace-
p|emenbai Coverage provided below is separate
ment restoration, or removal of ' ' from, and not p�of, the applicable "limit" for
damaged property if b is reasonable part
, coverage described under Property Covered. believe that "fungus is present.
S' Loss Not Caused By Fungus — If there is a
covered |oea or damage to covered prop-
erty not caused by "fungus", |noo pay-
ment will not be limited by the "terms" of
this coverage extension. However, to the
extent that "fungus" ooumen an increase
in the |oss, that increase is subject to the
"terms" of this coverage extension.
UN 7060 04O4
The "limit" available for coverage described un-
der aSupplemental Coverage:
o, is the only "limit" available for the described
coverage; and
b. is not the sum of the "limit' indicated for e
Supplemental Coverage and the "limit" for
coverage described under Property Covered.
Copyright, American Association nfInsurance Services, |mc..2OO4
AAIS
{M 7060 04 04
Page 6 of 18
The "limit' provided under a8upplementa| Cnv-
3) expense to rent additional equip-
erage cannot be combined or added to the "limit"
ment; and
for any other Supplemental Coverage or ''
4) similar construction expenseo �
Extension including e Supplemental Coverage or
Coverage Extension that is added to this policy by
b. Limit — The most '\we" pay in any one
endoreemonL
occurrence for all expediting expenses is
If coinsurance provisions are pod of this policy,
$10 'OM
the following supplemental coverages are not
4. Fire Department Service Charges --
subject to and not considered in applying ooinmup
a. Coweno0m — 'We" cover "your" UabiUb/.
anceconditions,
assumed by contract or agreement prior
1. Contract Penalty _
to the {oao, for fire department service
"We"
charges. No deductible applies to this
a. Coverage-- pay for the coot of
Supplemental Coverage.
contractual penalties for non -completion
that ''you" are assessed orare required to
b. Coverage Limitations — "We" only pay
pay because `you" are unable to uom-
for:
plebe construction of a covered building
1) fine department service charges that
or structure in accordance with the terms
ne|aba to covered property; and
or conditions of the building contract.
2) charges incurred when the fire de-
b. Coverage Limitation ~-"Your' inability to
podment is called to save or protect
complete construction on time must be
covered property from 000venad per -
as a direct result of o |oao by a covered
i|.
peril to aoovered building or structure.
c. Limit ~ The most "we" pay in any one
c. Limit — The most "we" pay in any one
occurrence for "your' liability for fire de -
occurrence for all contractual penalties is
partment service charges is $1,000.
$10,000.
6' Flood Coverage — If coverage is indicated on
2. Earthquake Coverage —|foovensga iaindivat-
the "schedule of coverages", '\we" cover di-
ed on the "schedule of coverages", "we" oov-
reoi physical loss caused by "flood" to cov-
er direct physical \oon caused by earthquake
nred property.
and volcanic eruption to covered property.
G. Ordinance Or Loxv (Undamaged Parts Of A
3. Expediting Expenses --
Building) --
a.
o. CovmmaQe -- When eoovensd peril occurs
a. Coverage ~VVhen ecovered peril occurs
to a covered building or structure, "we"
to a covered building or structure, "we"
pay for reasonable expediting expenses
pay for the value of undamaged parts of
necessary to complete construction with-
covered building or structure that is re-
in the time frame specified in the con-
quired to be demolished aoaresult of the
utruction contract.
enforcement of any ordinance, |mvv, orde-
Expediting expenses inu|ude, but are not
cree that:
limited to additional: '
1) requires the demolition of
1) labor or overtime;
undamaged parts of aouvered build-
2) transportation costo and storage ex-
ing or structure that is damaged or
destroyed byecovered peril;
U0 7050 04O4
Copyright, American Association ofInsurance Services, |nc..0004
AAIS
IM 70600484
Page 7 of 18
2) regulates the construction or repair
b) undamaged portions of a oov-
of o building or otnuotuns, or estab-
ered building or structure whoih-
|ishea bui|ding, zoning, or land use
eror not those undamaged pop
naquinsmenta at o covered location;
dnno need tubedemolished;
and
as o naeu|t of the enforcement of
3) is in force at the time of loss.
bui|ding, zoning. or land use ordi-
b. We Do Not Cmver—"VVe" do not �ovcover:nenoe
' law, or decree and is in force
at the time when ucnvenad peril oc-
1> the costs associated with the en'
curs to a covered building or mtruo-
forcement of any ordinance, lmw, or
ture.
decree that requires ^you" or anyone
else to test for, mmnihur, clean up.
re—
move, contain, treat, detoxify, or
— If a covered building or structure is
neutralize or in any way respond to
repaired or rebui|t, it must beintend-
or aoaeasthe effects of "pollutants";
` ed for similar occupancy as the cur-
rent propedy, unless otherwise re -
2) |oaa or increased cost caused by the
quired by b`i|ding, zoning. or land
- enforcement of any ondinanoa, law,
use ordinance, |ow. or decree.
or decree that requires the recon-
mtruotion, repoir, replacement, re-
�) Coverage Limitation -- "We" do not
mode|ing, remediation or razing of
cover the increased cost ofconatru� '
property due to the existence of or
tion until the covered building or
activity of "fungus"; or
anyp|oomd
structure is actually repaired or re-
and unless the repairs or re -
3) costs associated with the enforce-
placement are made as soon asmaa-
ment of any ordinanme, law, or de-
oonab|y possible after the loss, not to
000e that requires "you" or anyone
exceed two years.
else to test for, munibor, clean up. na-
mova, oontein, tremt, detoxify, nau-
' —
b Cost Demolish And �|aor Site "We"
tna|ize, or in any vvoy respond to or
cover the coot to demolish and clear the
aa��aath�e�ecfn of "fungus".
site of undamaged parts of the covered
building or structure that is damaged or
c. Coverage Limitation — This coverage is
destroyed by a covered peril. The
part of and not in addition to the app|ioa-
demolition must be e naou|t of the en-
b|e "limit" for coverage described under
foroement of a building, zoning. or land
Property Covered.
use ordinance, |ow, or decree that is in
7. Ordinance Or Law (|nonaooed Coot To Repair
force at the time when 000venad peril oc-
And Cost To Demolish/Clear Site) _
�
curs to acnvered building or structure.
� o. Increased Cost To Repair _
c. We Do Not Cover — ''VVe" do not cover:
1) Coverage -- When acovered peril oc'
1) the costo associated with the en -
curs to a covered building or otruu-
fon:oment of any ondinonce, lew, or
s tura. "we" cover the increased cost
decree:
to napair, rebui|d, or reconstruct:
a) that requires 'you" or anyone
a) damaged portions of o covered
a|oe to test for, mondur, clean
building or structure; and
up, nsmove, oonbain, tnaat, de-
boxify, or neutralize or in any way
respond to or assess the effects
of "pollutants";
|R8 7060 O404
Copyright, American Association uf
Insurance Services, |no..2OO4
&AIS
|M 70600404
Page 8 of 18
h) that requires "you" or anyone
else to test for, mondor, clean
up, namove, conhain, tneet, de-
hoxify, neutro|ize, or in any way
respond to or aowooa the effects
of "fungus"; or
c)
c) "yod were required to comply
with before the covered peril oc-
curred to e covered building or
atruotuos, even if the building or
structure was undamaged and
"you" failed to comply with the
ordinance, |avv, or decree; or
2) loss mincreased cost caused bythe
enforcement of any ordinance, |aw,
or decree that naquinao the reoon-
otruotion, napair, nep|anement, re-
modaUng, remediation or razing of
property due to the existence of or
any activity of "fungus".
d. What We pay If The Building Is Repaired
Or Replaced — If the covered building or
structure is repaired or nap|ooed. "we"
pay the lesser of
1) the amount "you" actually spend to
demolish and clear the site, plus the
actual increased cost to repair, re-
build, or construct the property but
not for more than a building or struc-
ture of the same height, floor area,
and style; or
2) $50.000.
e. What We Pay If The Building Is Not Re-
paired Or Replaced — If the covered
�
building or structure is not repaired or re-
placed, "we" pay the lesser of:
1) the amount "you" actually spend to
demolish and clear the site; plus the
� coot "you" would have incurred to
replace the damaged or destroyed
property with other property:
a) of like kind, and quality;
b) ofthe same height, floor area,
and style; and
c) used for the same purpose; or
8. Personal Property --
a. Coverage -- "We" cover direct physical
loom caused by a covered pah| to busi-
ness personal property that will not be-
come a permanent part of a covered
building or structure.
b. Coverage Limitation — ^VVa" only cover
business personal property while being
installed or stored in a covered building
or structure.
c. Limit —The most "we" pay in any one
occurrence for loss to personal property
is $10,000.
9. Pollutant Cleanup And Removal --
a.
a. CmvermQe -- "We" pay "your" expense to
extract "pollutants" from land or water if
the discharge, dieperae|, seepage, migna-
tion, re|eose, or escape of the "pollu-
tants" is caused by a covered peril that
occurs during the policy period.
b. Time Limitation — The expenses to ex-
tract "pollutants" are paid only if they are
reported to "us" in vvhdng within 180
days from the date the covered peril oc-
curs.
c. We Do NdCover—"We"domdpay the
cost of teahng, evouaUng, oboenving, or
recording the existence, |eve|, or effects
of "pollutants".
However, "we" pay the cost of testing
which is necessary for the extraction of
,.pollutants" from land or water.
d, Limit —Themoa "we" pay for each loca-
tion is $25,000 for the sum of all such ex-
penses arising out of acovenad peril oc-
curring during each separate 12 -month
period of this policy.
RN 7050 8404
Copyright, American Association ufInsurance Services, {nc..2004
AANS
|M706804W4
Page 9 of 18
10. Rewards --
a. Coverage — "We" pay enawont for infor-
mation that leads to aoonviction for:
1) arson;
2) theft; or
3) vandalism.
The conviction must involve a covered
{oao caused by ornon, hheft, or vandalism.
b. Limit ~- The most "we" pay in any one
occurrence for o reward for information is
$1,000.
c. Limit Is Not Increased 8VThe Number Of
Persons Providing Information — The
amount "we" pay isnot increased by the
number of persons involved in providing
the information.
11. Sewer BaokupCovmroQe—
a. Coverage — "We" cover direct physical
|oaa to a cove/ed building or structure
�
caused by:
1) water that backs up through aeewer
or drain; or
2) water below the surface of the
ground including water that exerts
pressure on or flows, seeps, or leaks
through or into a covered building or
structure.
h' Limit — The most ^we" pay in any one
occurrence for loss caused by sewer
backup and water below the surface is
$10,000.
z 12. Storage Locations —
� a. Coverage — "We" cover direct physical
{omo caused byacovered peril to:
i) materials and supplies that will be-
come apormenent part of aunvened
building or structure;
2) business personal property as de-
scribed under Personal Pmperty,
Supplemental Coverages; and
%) tnaes, uhnubo, p|onhs, and lawns as
described under Tnoea. Ghmbn. and
Plants, Supplemental Coverages and
only for the perils described under
Tneea. Shrubs. and Plants
while they are in storage atolocation that
is not described on the "schedule nfcov-
eroges'.
b' Limit -- The most "we" pay in any one
occurrence for loss to property edastor-
age |ocaUon is $10,000.
13. Testing --
a.
e. Conmrmgm — "We" cover direct physical
loss to a covered building or structure
caused by e covered peril that results
from basting.
Testing means stad,up, porformenoe,
utneoo, pramouns, or overload testing of
materials, oupp|iem, maohinery, fixtunas,
and equipment that will become aperma-
nent part of a covered building or struc-
ture.
b Limit—Themost "we pay in any one
occurrence for loss resulting from testing
io$1O.DDO.
14. Transit --
a, Coverage — "We" cover direct physical
loss caused by a covered peril to:
1) materials and supplies that will be-
come e permanent pod of aoovanyd
building or structure;
2) business personal property as de-
scribed under Personal Prnpedy,
Supplemental Coverages; and
R0 7050 0404
Copyright, American Association nfInsurance Services, |no..2OO4
x
AAIS
IM 7050 04 04
Page 10 of 18
3) trees, shrubs, plants, and lawns as
described under Trees, Shrubs, and
PERILS EXCLUDED
Plants, Supplemental Coverages and
only for the perils described under
Trees, Shrubs, and Plants
1. "We" do not pay for loss or damage caused
while they are in transit.
directly or indirectly by one or more of the
following excluded causes or events. Such
b. limit -- The most "we" pay in any one
loss or damage is excluded regardless of oth-
occurrence for loss to property in transit
er causes or events that contribute to or ag-
is $10,000.
gravate the loss, whether such causes or
15. Trees, Shrubs, And Plants --
events act to produce the loss before, at the
same time as, or after the excluded causes or
a. Coverage -- "We" cover direct physical
events.
loss including debris removal expenses,
to outdoor trees, shrubs, plants, and
a. Civil Authority -- "We" do not pay for loss
lawns
caused by order of any civil authority, in-
cluding seizure, confiscation, destruction,
b. Coverage Limitation -- "We" only cover
or quarantine of property.
trees, shrubs, plants, and lawns that are:
"We" do cover loss resulting from acts of
1) at a covered "jobsite"; and
destruction by the civil authority to pre -
2) a part of "your" construction project.
vent the spread of fire, unless the fire is
caused by a peril excluded under this cov-
c. Covered Perils -- "We" only cover loss to
trees, shrubs, plants, and lawns caused
erage.
by the following perils:
b. Earth Movement Or Volcanic Eruption --
Except as provided under Supplemental
1) fire;
Coverages - Earthquake Coverage, "we"
2) lightning;
do not pay for loss caused by any "earth
3) explosion;
movement" (other than "sinkhole col-
lapse) or caused by eruption, explosion,
4) riot or civil commotion;
or effusion of a volcano.
5) falling objects; or
"We" do cover direct loss by fire, explo-
6) vandalism.
sion, or "volcanic action" resulting from
either '"earth movement" or eruption, ex -
d. Limit -- The most we"" pay in any one
plosion, or effusion of a volcano.
occurrence for loss to trees, shrubs, and
plants is $10,000.
This exclusion does not apply to covered
property while in transit.
C. Flood -- Except as provided under Sup-
PERILS COVERED
plemental Coverages - Flood Coverage,
'"we" do not pay for loss caused by
"flood".
"We" cover risks of direct physical loss unless the
loss is limited or caused by a peril that is ex-
"We" do cover direct loss by fire, expla-
cluded.
sion, or sprinkler leakage resulting from
"flood".
This exclusion does not apply to covered
property while in transit.
IM 7050 04 04
Copyright, American Association of Insurance Services, Inc., 2004
AAlS
|M 705004¢4
Page 11 of 18
d. Fungus — Except as provided under Cov-
erage Extensions - Lhndad Fungus Cov-
erage, "we" do not pay for |ose, uoo, or
expense caused by or relating to the exis-
tence oforany activity of "fungus".
But if"fungua" naeu|ty ina"specified per-
il", we cover loss or damage caused by
that "specified peril".
This exclusion does not apply to:
1) loss that neauVe from fire or light-
ning; or
2) collapse caused by hidden dooey.
e. Nuclear Hazard — ^VVe' do not pay for
|omo caused by or resulting from anudear
n*action, nuclear nadiadon, or radioactive
contamination (whether controlled or
uncontrolled; whether caused by nsduno|,
accidental, or artificial means). Loom
caused by nuclear hazard is not consid-
ered |noo caused by fine, axp|ooion, or
smoke. Direct loss by fire naou|Ung from
the nuclear hazard is covered.
t Ordinance Or Law —Except as provided
under Supplemental Coverages - Ordi-
nance or Law, '\wa' do not pay for loss or
increased cost caused by enforcement of
any oode. ordinance, or |evv regulating
the use, conutmction, or repair of any
building or structure; or requiring the
demolition of any building or structure in-
cluding the cost of removing its debris.
"We" do not pay for loss regardless if the
|ona is caused by or naeu|bs from the:
1) enforcement of any code, ordinance,
or |evv even if a building or structure
has not been damaged; or
UN 7050 04 04
2) increased costs that "you" incur be-
cause of "your' compliance with a
code, ordinance, or law during the
concdruution, repair, rehabilitation,
nomodeUng, or razing ofabuilding or
structure, including the removal of
debria, following a direct physical
|oae to the property.
Q. Penalties — Except as provided under
Supplemental Coverages -Contnao Pen-
alty, 'we' do not pay for loss caused by
penalties for non -completion ornon-com-
pliance with any contract bonne orcondi-
tions.
h. 8ammr Backup And Water Beh»m/ The
Surface — Except as provided under Sup-
plemental Coverages - Sewer Backup
Coverage, "we" do not pay for |uoa
caused by:
1) water that backs up through osewer
or drain' or
2) water below the surface of the
guzund, including but not limited to
water that exerts pressure on or
flmwo, oeeps, orleaks through or into
acovened building or structure.
"We" do cover direct |oao by fire, exp|o-
mion, or theft resulting from either water
that backs up through aoewer or drain or
water below the surface ufthe ground.
This exclusion does not apply to covered
property while in transit.
i War And Military Action — "We" do not
pay for |000 caused by:
1) wor, including undeclared war orciv-
il
2) a warlike action byamilitary force,
including action taken to prevent or
defend against an actual or expected
attauh, by any governmant, sover-
eign,
omapeign. or other authority using military
personnel or other agents; or
Copyright, American Association ofInsurance Services, Imc..2OO4
AAIS
IM705OD404
Page 12 of 18
3) ineurnecdon, rebeUion, revolution, or
This exclusion does not apply to acts of
unlawful seizure of power including
destruction by "your" amployeam, but
action taken by governmental author-
"we" donot pay for theft by employees.
ib/ to prevent or defend against any
This exclusion does not apply to covered
oftheoe .
property in the custody of a carrier for
With regard to any action that comes
hire.
within the "bsnno" of this exclusion and
#. Defects" Errors, And <Omissions -- . VVa'
involves nuclear reaction,nuclear nadi'
do not pay for \ooa caused by an act, de'
oUon or radioactive contamination, this ' '
#act, errnr, or omission (negligent or not)
War and Military Action Exclusion will oP-
relating to:
ply in place of the Nuclear Hazard Exclu-
sion.
1) design, specifications, construction,
materials, or workmanship;
2. "We" do not pay for |ooa or damage that in
caused by or results from one or more of the
2) P|anning, zoninD, deve|opment,
following:
siting' aunxaying, grading, or com-
pmcion; o/
a. ContaminationmmContamination[)r Deterioration -- "We"
do not pay for |uma caused byuonbsmina'
3) rnointanonce, insta||sdion, renova-
tion or deterioration including cormnsinn,
tion, nemoda|ing, or repair.
deooy, rust, or any quaUh/, fault, or weak-
But if an act, errpr, or omission as de-
naoain covered property that causes it to
scribed above results in a covered pori|,
damage or destroy itself.
'\we" do cover the |nou or damage caused
But if contamination or deterioration re-
by that covered peril.
sults in 000vened peril, "we" do cover the
d. Electrical Currents — "We" do not pay for
|Vms or damage caused by that covered
|ooe caused by arcing orbyelectrical cur -
peril.
rents other than lightning.
b. Criminal, Fraudulent, Dishonest, Or ||-
But if arcing or electrical currents other
legal Acts — "We" do not pay for loss
than lightning result in a covered peri|,
caused by or resulting from criminal,
'\we" do cover the loss or damage caused
fraudu|ent, diahnneot, or illegal autscom-
by that covered peril.
miffed alone or in collusion with another
by:
Howevor, this exclusion does not apply to
'
|ooa neeu|dnQ from testing as specifically
1) 'you";
provided under Supplemental Coverages
3) others who have an interest in the
-Tembng.
property;
e. Explosion, Rupture, Or Bursting — ^VVe^
z
� 3) others to whom "you" entrust the
do not pay for loss caused by exp|osion,
property;
ruptune, or bursting of steam boi|era,
steam or gas tudninea, steam pipes, or
4) "your" partners, officers, directors,
steam engines. This exclusion applies
� trustees,joint venturers, or "your" '
only to |oom or damage to the steam boil -
or managers if "you" are e
era, steam or gas turbinee, steam pipes,
|imited |iabi|ih/ company; or
limited
or steam engines in which the |000 no'
5) the employees or agents of 1)' 2), 3),
curred.
or 4) obova, whether or not they are
at work.
7K8 7050 04 04
Copyhght, American Association nfInsurance Services, Inc., 2004
�
a
AAIS
|M705O$4C4
Page 13 of 18
t Loss OfUse —"We do not pay for loss
caused by or resulting from loss of use,
delay, or |omo of market.
A. Mechanical Bpamhdmxxn — '"&e" do not
pay for loss caused by mechanical break-
down or rupturing or bursting of moving
ports of machinery caused by centrifugal
force.
But if ameohonica| breakdown or ruptur-
ing or bursting of moving pada of ma-
chinery caused by centrifugal force re-
sults in acovenad peril, "we" do cover the
|oua or damage caused by that covered
pahi
However` this exclusion does not apply to
|oom resulting from tooting as specifically
provided under Supplemental Coverages
-Te:ting.
h. Missing Property -- "We" do not pay for
missing property where the only proof of
|ooa is unexplained or mysterious disap-
pearance of covered pnoperty, or short-
age of property discovered on taking in-
ventory, or any other instance where
thane is no physical evidence to show
what happened to the covered property.
This exclusion does not apply to covered
property in the custody of e carrier for
I. Pollutants — ^VVe^ do not pay for loss
caused by or resulting from release, dis-
charge, seepage, migration, dinpensa}, or
escape of^poUutanbs':
1) unless the ne|aene, dischoqJe, seep-
age, mkgra\on, dispersal, or escape
is caused by a "specified peril"; or
2) except as specifically provided under
the Supplemental Coverages ' Pollu-
tant C|eonup and Removal.
"We" do cover any naau|hng (oan caused
by a "specified peril".
j. Temperature/Humidity — "We" do not
pay for loss caused by dryness, damp-
ness, humidhy, or changes in or extremes
of temperature.
But if dryneuo, dampnmeo, humiddy, or
changes in or extremes of temperature
results in eoomeoad peril, "we" do cover
the loss or damage caused by that oov-
onadperi{.
h. Voluntary Parting — Except as provided
under Coverage Extensions - Fraud and
Deceit. "we" do not pay for loss caused
by or naou|bng from voluntary parting
with title to or possession of any property
because of any fraudulent scheme, trick,
or false pretense.
i Wear And Tear — "We" do not pay for
loss caused by wear and tear, moning, or
scratching.
But if wear and baer, maninQ, oronratch-
ing noau|te in a covered pah[ "we" do
cover the loss or damage caused by that
covered peril.
WHAT MUST BE DONE
IN CASE OF LOSS
1. Notice -- In case of a loss, "you" must:
a. give "us" or "our" agent prompt notice
including mdescrpbon of the property in-
volved (`\wa' may request written notice); and
-
b give notice to the police when the act that
causes the loss is a crime.
2. You Must Protect Property — "You" must
take all reasonable steps to protect covered
property at and after an insured |uoa to avoid
further }moa.
IM 7050 0404
Copyright, American Association ofInsurance Services, |no,2004
AAIS
IM 7050 04 04
Page 14 of 18
a. Payment Of Reasonable Costs -- "We" do
pay the reasonable costs incurred by
"you" for necessary repairs or emergen-
cy measures performed solely to protect
covered property from further damage by
a peril insured against if a peril insured
against has already caused a loss to cov-
ered property. "You" must keep an accu-
rate record of such costs. "Our" payment
of reasonable costs does not increase the
"limit".
b. We Do Not Pay -- "We" do not pay for
such repairs or emergency measures per-
formed on property which has not been
damaged by a peril insured against.
3. Proof Of Loss -- "You" must send "us", within
60 days after 'bur" request, a signed, sworn
proof of loss. This must include the following
information:
a. the time, place, and circumstances of the
loss;
b. other policies of insurance that may cover
the loss;
c. "your" interest and the interests of all
others in the property involved, including
all mortgages and liens;
d. changes in title of the covered property
during the policy period; and
e. estimates, specifications, inventories,
and other reasonable information that
"'we" may require to settle the loss.
4. Examination -- "You" must submit to exami-
nation under oath in matters connected with
the loss as often as "we" reasonably request
and give "us" sworn statements of the an-
swers. If more than one person is examined,
"we" have the right to examine and receive
statements separately and not in the presence
of others.
5. Records -- "You" must produce records, in-
cluding tax returns and bank microfilms of all
canceled checks relating to value, loss, and
expense and permit copies and extracts to be
made of them as often as "we" reasonably
request.
6. Damaged Property -- "You" must exhibit the
damaged and undamaged property as often
as "we" reasonably request and allow "us" to
inspect or take samples of the property.
7. Volunteer Payments -- "You" must not, ex-
cept at "your" own expense, voluntarily make
any payments, assume any obligations, pay
or offer any rewards, or incur any other ex-
penses except as respects protecting property
from further damage.
8. Abandonment -- "You" may not abandon the
property to "us" without 'bur" written con-
sent.
9. Cooperation -- "You" must cooperate with
"us" in performing all acts required by this
policy.
M-1RIFEA114M
1. Replacement Cost -- The value of covered
property will be based on the replacement
cost without any deduction for depreciation.
Replacement cost includes labor, reasonable
overhead and profit, and delivery charges.
a. Replacement Cost Limitations -- Replace-
ment cost is limited to the cost of repair
or replacement with similar materials on
the same site and used for the same pur-
pose.
b. Payment Limitation -- The payment will
not exceed the amount "you" spend to
repair or replace the damaged or de-
stroyed property.
IM 7050 04 04
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
|M705OW404
Page 16 of 18
2.
Pair Or Set — The value of a lost or damaged
b. How We Determine Our Part Of The Loss
article that is part ofapair or set is based on a
— "Our" part of the loss in determined
reasonable proportion of the value of the en-
using the following steps:
bna pair or met` The loss is not considered o
1) determine the 10096 expected com-
toto| |uou of the pair or mmL
pleted value of the building or etmc'
3.
Loss To Parts — The value of o lost or
ture; this figure is based on the au -
damaged part of an item that consists ofnev-
bmated value of the property at
ena| pmda when it is complete is basad on the
completion of construction had no
value of only the |o,d or damaged pod or the
loss occurred;
cost to repair or replace it.
2) divide the "limit" for covered prop-
�
erty by the result determined in 15.1)
HOW MUCH WE ���
��
above�. and
3) multiply the total amount of |oeo,
after the application of any doduct-
� 1.
Insurable Interest — "We" do not cover more
ib|e, by the neou|i determined in b.2)
�
than "your' insurable inhanamt in any proper-
above.
b/.
The most '\wa^ pay is the amount deter-
ehsp2.
2.
Deductible — ^VVa^ pay only that part of
mined in h.3) above or the "limit", wbich'
'lyour' loss over the deductible amount indi-
ever ialess. 'We" do not pay any vemain'
nated on the ''aohedu|o of coverages" in any
ing part ofthe loss.
one occurrence.
c. If There Is More Than One Limit — If there
� 3.
Earthquake Period —AU earthquakes or vol-
is more than one "limit" indicated on the
oanic eruptions that occur within a 168 -hour
'.schedule of coverages" for this cover-
oveppnhod
periodwill be considered oeing|a inao. This
age part, this procedure applies ooparote-
168- hour period is not limited by the policy
iytoeach "|imit'
expiration.
d. If There Is Only One L|rnk — If there is
4.
Loss Settlement Terms -- Subject to para-
only one "limit" indicated onthe "sched-
gnepha 1, 2.,3,5.,G.'and 7'under How Much
u|e of coverages" for this coverage, this
VVePay, '\wn" pay the lesser of:
procedure applies to the total of all nov—
a. the amount determined under Va|uaUon
ap-
'
plies.
b. the cost to repair, replace, or rebuild the
6. Insurance Under More Than One Coverage —
property with material of like hind and
If more than one coverage of this policy in -
quality to the extent pnsodoeb|e; or
sures the same loss, '\we" pay no more than
�
c. the "limit" that applies to the covered
the actual claim, |oeo, or damage sustained.
~
property.
7. Insurance Under More Than One Policy --
6.
6'
Coinaurmnce —
a. Proportional Share — "You" may have
�
a. When Coinsurance Applies —''VVa" only
another policy subject to the some
pay e part of the loss if the "limit" is |eaa
"terms" as this policy. If "you" do. "we"
than 10096 of the eodnlahad completed
will pay "our' share of the covered boe.
value of the covered building or structure.
"Our' share is the proportion that the ap-
plicable "limit" under this policy bears to
the "limit" of all po|iokao covering on the
same basis.
|K0 7060 0404
AAIS
IM 7050 04 04
Page 16 of 18
b. Excess Amount -- If there is another poli-
cy covering the same loss, other than that
described above, "we" pay only for the
amount of covered loss in excess of the
amount due from that other policy,
whether "you" can collect on it or not.
But "we" do not pay more than the ap-
plicable "limit".
LOSS PAYMENT
1. Loss Payment Options --
b. Conditions For Payment of Loss -- An in-
sured loss will be payable 30 days after:
1) a satisfactory proof of loss is
received; and
2) the amount of the loss has been es-
tablished either by written agree-
ment with "you" or the filing of an
appraisal award with "us".
3. Property Of Others --
a. Adjustment And Payment Of Loss To
Property Of Others -- Losses to property
of others may be adjusted with and paid
to:
a. Our Options -- In the event of loss cov-
ered by this coverage form, "we" have
1) "you" on behalf of the owner; or
the following options:
2) the owner.
1) pay the value of the lost or damaged
b. We Do Not Have To Pay You If We Pay
property;
The Owner -- If "we" pay the owner,
2) pay the cost of repairing or replacing
"we" do not have to pay "you". "We"
the lost or damaged property;
may also choose to defend any suits
brought by the owners at "our" expense.
3) rebuild, repair, or replace the prop -
erty with other property of equivalent
kind and quality, to the extent prac-
OTHER CONDITIONS
ticable, within a reasonable time; or
4) take all or any part of the property at
the agreed or appraised value.
1. Appraisal -- If "you" and "we" do not agree
on the amount of the loss or the value of cov-
ered property, either party may demand that
Or Replace -- "We" must give "you" no
these amounts be determined by appraisal.
tice of "our" intent to rebuild, repair, or
replace within 30 days after receipt of a
If either makes a written demand for apprais-
duly executed proof of loss.
al, each will select a competent, independent
2. Your Losses --
appraiser and notify the other of the apprais-
er's identity within 20 days of receipt of the
a. Adjustment And Payment Of Loss --
written demand. The two appraisers will then
o "We" adjust all losses with "you". Pay-
select a competent, impartial umpire. If the
ment will be made to "you" unless an-
two appraisers are unable to agree upon an
other loss payee is named in the policy.
umpire within 15 days, "you" or "we" can ask
a judge of a court of record in the state where
the property is located to select an umpire.
IM 7050 04 04
Copyright, American Association of Insurance Services, Inc., 2004
AAIS
IM 7060 04O4
Page 17 of 18
The appraisers will then determine and obaha
separately the amount of each loss.
The appraisers will also determine the value
of covered property items at the time of the
|ooe. if requested.
If the appraisers submit a written report of
any agreement to "uo", the amount agreed
upon will be the amount of the loss. If the
appraisers tni| to ognaa within a reasonable
time, they will submit only their differences to
the umpire. Written agreement so itemized
and signed by any two of these thnsa, sets the
amount ofthe loss.
Each appraiser will be paid by the party se-
lecting that appraiser. Other expenses of the
appraisal and the compensation ofthe umpire
will be paid equally by "you" and "us".
2. Benefit To Others -- Insurance under this cov-
erage will not directly or indirectly benefit
anyone having custody of "your" property.
3. Conformity With Statute -- When acondition
�
of this coverage is in conflict with an applica-
ble (ew. that condition is amended to conform
to that law.
4' Estates — This provision applies only if the
insured ieonindividual,
e. Your Death —On"your' death. "we" cov-
er the following as an insured:
1) the person who has custody of
'your' property until o legal repre-
sentative is qualified and appointed;
or
2) "your" legal representative.
a
This person or organization is an insured
only with respect to property covered by
this coverage.
� b. Policy Period |mNot Extended —Thiaouv-
anaga does not extend past the policy pe-
riod indicated onthe declarations.
DN 70508484
Ei Misrepresentation, Concealment, Or Fraud --
This
Thie oovarage is void aoho"you" and any oth-
er inounsd if, before orafter oloss:
a' "You" or any other insured have willfully
concealed or misrepresented:
1) amaterial fact or circumstance that
relates to this insurance or the sub-
ject thereof; or
2) '\mur' interest herein.
b. There has been fraud or false swearing by
�mu" many other insured with regard to
a matter that relates to this insurance or
the subject thereof.
G. Policy Period -- "We" pay for 000vered loss
that occurs during the policy period.
7. Recoveries — If "we" pay ''you" for the |000
and lost or damaged property is recovered, or
payment is made by those responsible for the
|oos, the following provisions apply:
m. "you" must notify "uo" promptly if "you"
recover property or receive payment
b. "we" must notify "you" promptly if "we"
recover property or receive payment;
c. any recovery expenses incurred by either
are reimbursed first;
d. "you" may keep the recovered property
but "you" must refund to "us" the
amount of the claim paid or any lesser
amount to which "we" ognsa; and
e. if the claim paid is |eaa than the agreed
bmo due to adeduotib|e or other limiting
"fenne" of this po|ioy, any recovery will
be prorated between "you" and "us"
based on "our' respective interest in the
8. Restoration Of Limits — Except as indicated
under Limbed Fungus Coverage, aloos "we'
pay under this coverage does not reduce the
applicable "limits".
Copyright, American Association nfInsurance Services, |mc..2DU4
AAIS
|MY060C4Q4
Pagge 18 of 18
9. Subrogation — If "we" pay for a loss, "we"
may require "youto assign to "us" �our"
ADDITIONAL COVERAGE LIMITATIONS
right of recovery against others. "You" must
do all that is necessary to secure "our" rights.
�
'We" do not pay for e|oas if "you" impair this
1. Coverage Not Provided During Occupancy
right to recover.
And Use —'W* do not provide coverage un -
"You" may waive "your' right to recover
der this policy if, without "our' prior written
from others in writing before aloss occurs.
ooneent, a covered building or structure as
10. Suit Against Us — No one may bring a|ega|
described under Property Covered is:
action against "us" under this coverage un-
a. occupied in whole or in part; or
less:
b. put toits intended use.
e o|| of the '�enn�' of coverage have
'
Hmwever, this provision does not apply ifper-
been uomp|ied with; and
mission to occupy is indicated on the "mnhad'
b. the suit has been brought within two
u|eofcovensgea"
years after 'you" first have knowledge of
�. WhenCoverage Cmasee—{�overoge will end
the loss.
when one cfthe following first occurs:
If any applicable law makes this |imiba-
a. this policy expires or is canceled;
tion invohd, then suit must begin within
the shortest period permitted by law.
b. ocovanad building or atmntuna is accept -
ed by the purchaser;
11. Territorial Limits -- , VVe^ cover property
while in the United States of Americo, its ter-
c. ''your' insurable inbanaot in the covered
ritories and powseasions. Canada. and Puerto
property ceases;
Rico.
d. "you" abandon construction with no in -
12. Carriers For Hire — "You" may accept bills of
tont to complete it; or
lading or shipping receipts issued by carriers
e. a covered building or structure has been
for hire that limit their liability to less than the
completed for more than 90 days.
replacement cost or actual ooah value of the
covered property.
RN 7050 0404
Copyright, American Association ofInsurance Services, |nc.2O04
AAIS This endorsement changes the
IM 7063 04 04 Builders' Risk Coverage
Page I of 1 -- PLEASE READ THIS CAREFULLY --
PERMISSION TO OCCUPY ENDORSEMENT
(The entries required to complete this endorsement
will be shown below or on the "schedule of coverages".)
ADDITIONAL COVERAGE LIMITATIONS
The occupancy and use provisions under Additional Coverage Limitations are deleted, and permission is
granted to occupy covered property after the date indicated below:
Month 06 Day 01 Year 2021
Coverage provided by this endorsement does not extend past the date on which this policy expires or when
coverage ceases under the conditions described in When Coverage Ceases.
IM 7063 04 04
Copyright, American Association of Insurance Services, Inc., 2004