Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
2014-097 •
CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this 12th day of November 2014, A.D., by
and between the City of Clermont 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER"), and UTILITY SERVICES, CO., 535 Courtney
Hodges Blvd., Perry, GA 31069 (hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools,
apparatus and transportation and perform all of the work described in the bid documents
and specifications entitled:
RFB NO. 15-001 Elevated Water Storage Tank Coating and Repairs
as prepared by Owner and its agents shall do everything required by this Contract and the
other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II -THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract as set forth in the contract documents and the Unit Price Schedule, attached
hereto and incorporated herein as Exhibit "A", in lawful tender of the United States, the
total contract sum not to exceed FIVE HUNDRED AND FORTY-SIX THOUSAND
THREE HUNDRED DOLLARS ($546,300).
ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK
1. The CONTRACTOR shall commence work within TEN (10) calendar days after
receipt of(i) Notice to proceed, and (ii) receipt of all permits required to perform
the work, and the CONTRACTOR will substantially complete the same within
ONE HUNDRED AND TWENTY (120) calendar days unless the period for
completion is extended otherwise -by the amendment or change order to the
Contract. Substantial Completion as provided herein shall be the day the project
or designated portion thereof is certified and accepted by the OWNER as
sufficiently complete,in accordance with the Contract Documents.
2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
3. The CONTRACTOR further declares he has examined the sites of the work and
that from personal knowledge and experience or that he has made sufficient
investigations to fully satisfy himself that such sites are correct and suitable for
1
the work and he assumes full responsibility therefore. The provisions of this
Contract shall control any inconsistent provisions contained in the specifications.
All Drawings and Specifications have been read and carefully considered by the
CONTRACTOR, who understands the same and agrees to their sufficiency for the
work to be done. It is expressly agreed that under no circumstances, conditions or
situations shall this Contract be more strongly construed against the OWNER than
against the CONTRACTOR and any Surety.
Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be
interpreted and construed by the Project Architect/Engineer and his decision shall
be final and binding upon all parties provided the OWNER agrees.
It is distinctly understood and agreed that the passing, approval and/or acceptance
of any part of the work or material by the OWNER or by any agent or
representative as in compliance with the terms of this Contract and/or of the
Drawings, Plans and Specifications covering said work shall not operate as a
waiver by the OWNER of strict compliance with the terms of this Contract and/or
the Drawings and Specifications covering said work; and the OWNER may
require the CONTRACTOR and/or his Surety to repair, replace, restore and/or
make to comply strictly and in all things with this Contract and the Drawings and
Specifications any and all of said work and/or materials which within a period of
one year from and after the date of the passing, approval, and or acceptance of
any such work or matenal, are found to be defective or to fail and in any way to
comply with this Contract or with the Drawings and Specifications. This
provision shall not apply to matenals or equipment normally expected to
deteriorate or wear out and become subject to normal repair and replacement
before their condition is discovered. The CONTRACTOR shall not be required to
do normal maintenance work under the guarantee provisions. Failure on the part
of the CONTRACTOR and/or his Surety, immediately after Notice to either, to
repair or replace any such defective materials and workmanship shall entitle the
OWNER, if it sees fit, to replace or repair the same and recover the reasonable
cost of such replacement and/or repair from the CONTRACTOR and/or his
Surety, who shall in any event be jointly and severally liable to the OWNER for
all damages, loss and expense caused to the OWNER by reason of the
CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and
in all things with this Contract and/or his failure to comply strictly and in all
things with this Contract and with the Drawings and Specifications.
4. If required, As-built drawings and warranties acceptable to OWNER must be
submitted to the OWNER before final payment will be made to the
CONTRACTOR.
ARTICLE IV - LIQUIDATED DAMAGES
1. It is mutually agreed that time is of the essence in regard to this Agreement.
Therefore, notwithstanding any other provision contained in the Contract
2
Documents, should the CONTRACTOR fail to complete the work within the
specified time as set by the Notice to Proceed, or any authorized extension
thereof, CONTRACTOR shall pay to OWNER the sum of FIVE HUNDRED
DOLLARS ($500.00) per calendar day as fixed, agreed and liquidated damages
for each calendar day elapsing beyond the specified time date for completion of
the project; which sum shall represent the damages sustained by the OWNER, and
shall be considered not as a penalty, but in liquidation of damages sustained.
Contractor shall pay the liquidated damages amount contained herein to Owner
within fifteen (15) days of receipt of Owner's written demand for such payment.
2. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall
be considered a day schedule for protection.
ARTICLE V - PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the OWNER shall pay the CONTRACTOR as
follows:
1. CONTRACTOR shall submit a progress payment request by the third (3rd) day of
each calendar month for work performed during the preceding calendar month.
Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT
AUTHORIZATION, the OWNER shall make a partial payment to the
CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the OWNER for work performed during the
preceding calendar month under the Agreement. To insure proper performance of
the Agreement, the OWNER shall retain ten percent (10%) of the amount of each
invoice until final completion and acceptance of all work covered by the
Agreement.
2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the work have been paid in full, and also, after
all guarantees that may be required in the Specifications have been furnished and
are found acceptable by the OWNER, final payment, including any retainage
amount, on account of this Agreement shall be made within thirty (30) calendar
days after completion of all work by the CONTRACTOR covered by this
Agreement and acceptance of such work by the OWNER.
ARTICLE VI - ADDITIONAL BONDS
It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Surety Bonds hereto attached for its faithful
performance and payment of labor and materials, the OWNER shall deem the Surety or
Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to
3
be adequate to cover the performance and payments of the work, the CONTRACTOR
shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER
to do so, furnish additional bonds, in such form and amounts, and with such Sureties as
shall be satisfactory to the OWNER. In such event, no further payment to the
CONTRACTOR shall be deemed due under this Agreement until such new or additional
security for the faithful performance and for payment of labor and materials of the work
shall be furnished in manner and form satisfactory to the OWNER.
ARTICLE VII—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question ansing out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The OWNER and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in the place where the Project is located, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
ARTICLE VIII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this contract at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the OWNER, for the protection of employees not otherwise protected.
2. Contractor's Public Liability and Property Damage Insurance - The
CONTRACTOR shall take out and maintain during the life of this Agreement
Comprehensive General Liability and Comprehensive Automobile Liability Insurance as
shall protect it from claims for damage for personal injury, including accidental death, as
well as claims for property damages which may arise from operating under this
Agreement whether such operations are by itself or by anyone directly or indirectly
employed by it, and the amount of such insurance shall be minimum limits as follows:
(a) Contractor's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverage, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
4
(b) Automobile Liability Coverage, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. Subcontractor's Public Liability and Property Damage Insurance - The
CONTRACTOR shall require each of his subcontractors to procure and maintain during
the life of this subcontract, insurance of the type specified above or insure the activities of
his subcontractors in his policy, as specified above.
4. Contractor's Protective Liability Insurance - The CONTRACTOR shall
procure and furnish a Protective Liability Insurance Policy with the following minimum
limits:
(a) Bodily Injury Liability& $1,000,000 each ($2,000,000 aggregate)
Property Damage Liability Occurrence
Combined Single Limit
5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's
Liability Policy shall provide "XCU" coverage for those classifications in which they are
excluded.
6. Broad Form Property Damage Coverage, Products & Completed
Operations Coverage - The Contractor's Liability Policy shall include Broad Form
Property Damage Coverage, Products and Completed Operations Coverage.
7. Contractual Liability Work Contracts - The Contractor's Liability Policy
shall include Contractual Liability Coverage designed to protect the Contractor for
contractual liabilities assumed by the Contractor in the performance of this Agreement.
8. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the OWNER and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, ansing out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property
(other than the Work itself) , and (2) is caused in whole or in part by
any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, regardless of
5
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abndge, or otherwise
reduce any other nght to obligation of indemnity which would
otherwise exist as to any party or person described in this Article.
(b) In any and all claims against the OWNER or any of its agents or
employees by any employee of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited
in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or any
subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the OWNER for the
indemmfication_provided herein.
ARTICLE IX-NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
CONTRACTOR: Utility Service Co., Inc.
535 Courtney Hodges Blvd.
Perry, GA 31069
OWNER: City of Clermont
685 W. Montrose Street
Clermont, FL 34711
Attn: Darren Gray, City Manager
ARTICLE X—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
6
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by contractor.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by contractor, in whole or in part, without the prior written consent of
city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this agreement shall be Lake County, Flonda.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Records. Contractor expressly understands and acknowledges that any and all
documents related to the services provided herein, may be considered records that
are subject to examination and production in accordance with Florida's Public
Records Law. Contractor expressly agrees that it will comply with all
requirements related to said law and that it will hold city harmless for any such
disclosure related to Florida's Public Records Law.
ARTICLE XI - CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1 This Agreement
2. Technical Plan and Specifications
7
3. All documents contained in RFB 15-001 Elevated Water Storage Tank Coating
and Repairs, any and all addendum thereto, and Contractor's October 23, 2014
response thereto.
4. Payment and Performance Bonds
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 12th
day of November, 2014
City of Clermont
',•``� ���
';aro d-S. Turville, Jr., Mayor
: r,�' r,'•,<� ';i 4 Attest';
c. Vie; v,
' i /
rfri
t'
, , k.�'r, sl'4Tracy Ac d, City Clerk 1
Utility Servic Co., Inc.
By:
Signa e
oS g�.kS�cvt'ce
Name/Title Printed or Typed
Attest:
4$. o,�•• -.'61—A to Secretary
.° om ��'` '
•
:;;;' (NamePrinted or Typed)
•141.dxaautttttv��4.
a
8
EXHIBIT A
SECTION— C
PRICE SCHEDULE
Respondent must submit the following prices to perform all the work as required by the
Project Manual.
L.N. Description Total Price
1 Bloxam Elevated Water Tank Coating and Repairs $ LI U 70 O
2 Eastern Elevated Water Tank Coating $ L,7 f DO
Final Completion Lump Sum $
Contractor's Days to Substantial Completion: CV) Calendar Days.
Substantial Completion shall not to exceed Ninety (90) calendar days from Notice To
Proceed. Final Completion shall be Thirty (30) calendar days thereafter.
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this
solicitation, and is acting in an authorized capacity to execute this response The respondent also
certifies that it can and will provide and make available, at a minimum, the items set forth in this
solicitation.
Respondent Information and Signature
Company Name(print) at, 1 d 4 y Serve l "O. I.Ln e• J
Street Address- 53 5 ( /00/L.4Q y f.. 0 e j T L' . *`C2 y i ( ' .�/ 9
Mailing Address(if different) `f
Telephone Cf]k_`%, 7_ O`_ Fax Lf 7S" J 7— 9 S
Email JC c f(b (1. .VVICA 4 P ,(Orr\ Payment Terms % days, net O
FEIN Sir - ' Al •'; Professional License No. fag
Signature Date /0/4.,'c//L(
Print Name Caleet.t t 1 Title: t PO-C 723i i K Selvr c f, I
Does the respondent accept payment using the City's MASTERCARD/ GI4es ❑ No
END OF SECTION —C
RFB No 15-001
Page 12 of 36
C N
SER1 D
T
-ce of Champions'
PURCHASING DIVISION
RFB 15-001,ELEVATED WATER STORAGE TANK COATING AND REPAIRS
ADDENDUM No. 1 —OCTOBER 2,2014
To all prospective respondents,please note the following changes:
Change of the Pre-Submission Meeting date and time:
Previous Date and Time. �-da Oct er 10 gni n t 3:00 n r to
New Date and Time: Monday,October 13,2014 at 10:00 A.M.
The meeting location remains the same: City Hall Council Chambers, 685 West Montrose Street,Clermont.
This addendum must be acknowledge and may be returned with your solicitation. All other terms, conditions and
specifications remain unchanged for RFB 15-001.
), co (Inv / t�/ �t/
Name of Company tc
•
(a'1 6:c1 C-(102 Cin 0494
Signature Title
Typed/Printed Name
�.ER ON
G T
Choice of Champions-
PURCHASING
hampion`
PURCHASING DIVISION
RFB 15-001,ELEVATED WATER STORAGE TANK COATING AND REPAIRS
ADDENDUM No.2—OCTOBER 16,2014
To all prospective respondents,please note the following changes:
The Contractor shall complete the Bloxam water tank first with substantial completion not to exceed ninety (90)
calendar days from Notice To Proceed. The Contractor shall complete the Eastern water tank second with
substantial completion of thirty(30)calendar days after substantial completion of the Bloxam tank
The City will allow the Contractor to perform work on the Bloxam and Eastern water tanks simultaneously if the
Contractor wishes to do so.
Substantial Completion for Bloxam and Eastern water tanks shall not exceed one hundred and twenty (120)
calendar days from Notice To Proceed. Final Completion shall be thirty(30)calendar days thereafter
END OF ADDENDUM 2
This addendum must be acknowledge and may be returned with your solicitation All other terms, conditions and
specifications remain unchanged for RFB 15-001.
Watt' Sel,01(1.Q /0///it
Name of Company Date
j;:itynciNk
46:d Ocrxdffictior.
Signature Title
U Typed/Prmted Name
Y �
PERFORMANCE Travelers Casualty and Surety Company of America
BOND Hartford, CT 06183
(Public Work)
Bond No 106197728
KNOW ALL BY THESE PRESENTS, That we, Utility Service Co..Inc. , as
Principal, and Travelers Casualty and Surety Company of America , a Connecticut corporation, as Surety, are
held and firmly bound unto City of Clermont,FL , as Obligee, in the sum of
Five Hundred Forty Six Thousand Three Hundred&00/100 Dollars ( $546,300.00
for the payment whereof said Principal and Surety bind themselves,jointly and severally, as provided herein
WHEREAS, Principal has entered into a contract with Obligee dated November 12,2014 for
RFB No.15-001 Elevated Water Storage Tank Coating and Repairs
("Contract")
NOW, THEREFORE, the condition of this obligation is such that if Principal shall perform the Construction Work
to be done under the Contract, then this obligation shall be null and void, otherwise to remain in full force and
effect Surety's obligations hereunder shall not arise unless Principal is in default under the Contract for failing
to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for
failing to perform the Construction Work, and Obligee has performed its obligations under the Contract In such
event, Surety shall have a reasonable period of time to
1 Upon entering into an acceptable written takeover agreement with Obligee, undertake to
perform and complete the Construction Work to be done under the Contract, or
2 Obtain bids or negotiated proposals from qualified contractors for a contract for completion of
the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by
Obligee and contractor, to be secured with performance and payment bonds executed by a qualified surety, or
3 Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2
above, and with reasonable promptness under the circumstances (a) After investigation, determine the amount
for which it may be liable to the Obligee and, as soon as practicable after the amount is determined, tender
payment therefor to the Obligee, or (b) Deny liability in whole or in part and notify the Obligee citing reasons
therefor
4 The Contract balance, as defined below, shall be credited against the reasonable construction
cost of completing the Construction Work to be performed under the Contract If completed by Obligee
pursuant to paragraphs 2 or 3 above, and the reasonable construction cost exceeds the Contract balance,
Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of Surety exceed the
amount of this bond If Surety completes the Construction Work pursuant to paragraph 1 above, that portion of
the Contract balance as may be required to complete the Construction Work to be done under the Contract and
to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would
have been payable to Principal had there been no default under the Contract, provided, however, that to the
extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety shall be entitled to a
dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the
penal sum of this bond The term "Contract balance," as used in the paragraph, shall mean the total amount
payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by
Obligee to Principal under the Contract The term "Construction Work" as used herein shall mean the providing
all labor and/or material necessary to complete Principal's scope of work under the Contract Notwithstanding
any language in the Contract to the contrary, the Contract balance shall not be reduced or set off on account of
anyobligation,
g contractualor otherwise, except the reasonable construction cost incurred in completing the
Construction Work
5 Any suit by Obligee under this bond must be instituted before the earlier of (a) the expiration of
one year from the date of substantial completion of the Construction Work, or (b) oneear after Principal
Y p
Performance Bond—Page 1 of 2
ceased performing the Construction Work under the Contract, excluding warranty work If this bond is provided
to comply with bond statutes in the location where the Construction Work is being performed, and the bond
statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth
herein shall be read out of this bond and the statute of limitation set forth in the bond statutes shall be read into
this bond If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be applicable, and said period of limitation
shall be deemed to have accrued and shall commence to run no later than the earlier of (y) the date of
substantial completion of the Construction Work, or(z) the date Principal ceased performing Construction Work,
excluding warranty work
6 No suit or action shall be commenced hereunder other than in a court of competent jurisdiction
in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in
the United States District Court for the district in which the project, or any part thereof, is situated, and not
elsewhere
7 This bond shall not afford coverage for any liability of Principal for tortious acts, whether or not
said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental
to any liability or other insurance required by the Contract No right of action shall accrue on this bond to or for
the use of any person or entity other than the named Obligee
8 This bond is provided to comply with applicable statutory or other legal requirement for
performing construction contracts for public owners in the location where the Construction Work is being
performed Except as provided in paragraph 5 above, all provisions in the bond which are in addition to or differ
from applicable statutory or legal requirements shall be read out of this bond, and all pertinent statutes and
other legal requirements shall be read into the bond
Signed this 19th day of November , 2014
Utility Service Co.,Inc.
(Principal)
By
Travelers sualty and Surety Company of America
By - kGA-e-
J. a 1 Sherrill,Jr. , Attorney-in-Fact
Performance Bond—Page 2 of 2
PAYMENT BOND Travelers Casualty and Surety Company of America
(Public Work) Hartford, CT 06183
Bond No 106197728
KNOW ALL BY THESE PRESENTS, That we, Utility Service Co.Inc. , as
Principal, and Travelers Casualty and Surety Company of America , a Connecticut corporation,
as Surety, are held and firmly bound unto City of Clermont.FL
as Obligee, in the sum of Five Hundred Forty Six Thousand Three Hundred&00/100
U S Dollars ( $546,300.00 ) for the payment whereof said Principal and Surety bind
themselves, jointly and severally, as provided herein
WHEREAS, Principal has entered into a contract with Obligee, dated November 12,2014 , for
RFB No.15-001 Elevated Water Storage Tank Coating and Repairs
("Contract")
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payment to all Claimants as hereinafter defined for all labor and material actually used, consumed or
incorporated in the performance of the construction work to be performed under the Contract, then this
obligation shall be void, otherwise to remain in full force and effect, subject, however, to the following
conditions
1 A Claimant is defined as one other than Obligee having a contract with Principal or with a direct
subcontractor of Principal to supply labor and/or materials and said labor and/or materials are actually
used, consumed or incorporated in the performance of the construction work under the Contract
2 Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as
herein defined who has not been paid in full before the expiration of a period of ninety (90) days after
the date on which the last of such Claimant's work or labor was done or performed or materials were
furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the
amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which
were used, consumed or incorporated in the performance of the work, and have execution thereon,
provided, however, that a Claimant having a direct contractual relationship with a subcontractor of
Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its
claim within ninety (90) days from the date on which said Claimant did or performed the last labor
and/or materials for which the claim is made Obligee shall not be liable for the payment of any costs
or expenses of any such suit
3 No suit or action shall be commenced hereunder by any Claimant
a After the expiration of the earlier of (1) one year after the day on which Claimant last
supplied the labor and/or materials for which the claim is made; or (2) the limitation period set
forth in the public works bond statutes, if any, in the location where the construction work is
( being performed Any limitation contained in this bond which is prohibited by any law
controlling in the state where the suit is filed shall be deemed to be amended so as to be equal
to the minimum period of limitation permitted by the law of that state, and said period of
limitation shall be deemed to have accrued and shall commence to run on the day Claimant
last supplied the labor and/or materials for which the claim is made, and
b Other than in a state court of competent jurisdiction in the county or other political
subdivision of the state in which the project, or any part thereof, is situated, or in the United
StatesDistrict Court for the district in which the project, or any part thereof, is situated, and not
elsewhere
4 The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder Surety's liability hereunder is limited, singly, or in the aggregate, to the
penal sum of the bond set forth herein
Payment Bond—Page 1 of 2
5 This bond is provided to comply with a statutory or other legal requirement for performing
construction contracts for public owners in the location where the construction work is being
performed Except as provided in paragraph 3 above, all provisions in the bond which are in addition
to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent
statutes and other legal requirements shall be read into the bond This bond is a statutory bond, not a
common law bond
Signed this 19th day of November , 2014
Utility Service Co.,Inc.
(Principal)
By.
Travelers Casua and Surety Company of America
By . eca,
1-/NotAut
J.Ka herrdl,Jr. , ttorneY-in-Fact
Payment Bond—Page 2 of 2
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
111k. POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 228661 Certificate No. 0 0 6 0 7 3 0 6 6
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Anne Baker,J.Karl Sherrill,Jr.,and Robert J.Allonier •
of the City of High Point ,State of North Carolina ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 27th
day of October 2014
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
ASU
� tY„y"�,( a�.• '�'1•N!�r VI�IM�Ii niRE
1NsAat
.........y ``iJ µwRjYC
\\(
ST�442 ` CCRPRATED - ORP4• m �
O 1977 • a HARTFORDHACflrofir Nc0 °
f
‘6.‘,:c".1
t 1951 0' E1r CONNo 11 1896
% $ 1vl.y....... * 'y1 N ....1:;e1J AMc
• IwtlM
State of Connecticut By:
City of Hartford ss. Robert L.Raney, enior Vice President
On this the 27th October 2014
day of before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G•T%
In Witness Whereof,I hereunto set my hand and official seal. f itlpl \ci `Wwr 1. • ..4 A ^^M
My Commission expires the 30th day of June,2016. Ct At/Bl.�0 * Marie C.Tetreault,Notary Public
49i CTP
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this Jay of k ' Y e 0"'11" ,20 4./.
ib /4
II
Kevin E.Hughes,Assistant Sec tary
GASVq Ir `'t`NL 4eaik 1M IRS 4 1t1 p�TV ANO SUR 1Y
1 n.l♦ oucanq�o y p�...-'.•,,.,G,y JP,........N� a� s Pryr BOO 4/
C pPP-.yj L 4 F G Y @3.A
LI G n MCOPPpfATED�, i af'er-,Rw��,.+ v6 CAay0RATf°i•t� / ` 'ti's
t982 0 1977 " �: a <
is .n s ¢ NARTFORO, t t H44iFOR0.1;k
46 rcr�e ' 1951 ` 1 ��:SE ALA' t`:SEAL a° y c°NN. 0 3[\G�a+. �s 0 1896 �(�
ry. �+ � 1 w ~hxw+eE o �a�• �sA o:'.... :`a er �sy..._r��+� •1 i
S jNM 4..........��, 'y a v` iNq AtN
;rn
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
l ® DATE(MM/DD/YYYY)
A�o CERTIFICATE OF LIABILITY INSURANCE
11/20/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s)
PRODUCER CONTACT
MARSH USA,INC PPHOS
OE 445 SOUTH STREET (NCNNo,Ext) FAX
No)
MORRISTOWN,NJ 07962-1966 E-MAIL
Alin Momstown certrequest@Marsh corn Fax 212-948-0979 ADDRESS
INSURER(S)AFFORDING COVERAGE NAIC IS
100055-USG-GAWU-14-15 INSURER A Travelers Prop Casualty Co Of Amenca 25674
INSURED INSURER B N/A N/A
UTILITY SERVICE CO,INC
P 0 BOX 1350 INSURER C Travelers Indemnity Co 25658
PERRY,GA 31069 INSURER D
INSURER E
_ _ _ INSURER F
COVERAGES CERTIFICATE NUMBER: NYC-006966348-02 REVISION NUMBER:31
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSR WYD (MM/DD/YYYY) (MM/DD/YYYY)
A GENERAL LIABILITY TC2J-GLSA-650G2458-14 03/01/2014 03/01/2015 EACH OCCURRENCE _ $ 2,000,000
X DAMAGE TO RENTED 300,000
COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $
CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 3,000,000
POLICY PRO LOC $JECT
A AUTOMOBILE LIABILITY TC2J-CAP-752G2989-TIL-14 03/01/2014 03/01/2015 COMBINED SINGLE LIMIT 2,000,000
(Ea accident) $
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident) —
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
A WORKERS COMPENSATION TC2J-UB-116D8243-TIL-14 (AOS) 03/01/2014 03/01/2015 X WC STATU- OTH-
AND EMPLOYERS'LIABILITY TORY LIMITS ER
C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TRK-UB-116D8255-IND-14 03/01/2014 03/01/2015 E L EACH ACCIDENT $ 2,000,000
OFFICER/MEMBER EXCLUDED'? N N/A
(Mandatory in NH) (AZ,MA,OR,WI) E L DISEASE-EA EMPLOYEE $ 2,000,000
If yes,describe under 2,000,000
DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
RE RFB 15-001,ELEVATED WATER STORAGE TANK COATING AND REPAIRS
THE CITY OF CLERMONT,TETRA TECH AND TEAM ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY
CONTRACTUAL LIABILITY IS INCLUDED IN THE GENERAL LIABILITY
CERTIFICATE HOLDER CANCELLATION
CITY OF CLERMONT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
685 W MONTROSE STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CLERMONT,FL 34711 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc
Manashl Mukherjee _3.44o4A.avofr.-
©1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: TC2J-CAP-752G2989-TIL-14 ISSUE DATE 03-13-14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION/NONRENEWAL PROVIDED BY US
This endorsement modif es insurance provided under the following.
Al I COVERAGE PARTS INC' UnFD IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation: 60
NONRENEWAL- Number of Days Notice of Nonrenewal:
PERSON OR
ORGANIZATION:
ANY PERSON OR ORGANIZATION TO WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVE, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED SHOWN IN THE DECLARATIONS
RECEIVES NOTICE FROM US CF THE
CANCELLATION OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING
OF THE APPLICABLE NUMBER OF DAYS
SHOWN IN THIS SCHEDULE.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR
ORGANIZATION INCLUDED TN SUCH WRITTEN
REQUEST FROM YOU TO US.
PROVISIONS:
A. If we cancel this po'icy for any statutorily permit- B. If we decide to not renew this policy for any statu-
ted reason other than nonpayment of premium, torily permitted reason, and a number of days is
and a number of days is shown for cancellation In shown for nonrenewal in the schedule above, we
the schedule above, we will mall notice of cancel- will mall notice oa the nonrenewal to the person or
lotion to the person or organization shown in the organization shown In the schedule above We
schedule above. We will mail such notice to the will mail such notice to the address shown in the
address shown in the schedule above at least the schedule above at least the number of days
number of days shown for cancellation in the shown for nonrenewal in the schedule above be-
schedule above betore :he effective date of can- fore the expiration date
cellation
IL Ta 00 12 09 0 23U9 The Travelers Indemnity Company Page 1 of 1
POLICY NUMBER TC2J-GLSA-650G2451-TIL-14 ISSUE DATE- 03/14/14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY -- NOTICE OF
CANCELLATION/NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following.
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION. Number of Days Notice of Cancellation: 60
NONRENEWAL: Number of Days Notice of Nonrenewal: 60
PERSON OR
ORGANIZATION:
Any person or organization to whom you have agreed in a written
contract that notice of cancellation of this policy will be given,
but only if:
1. You send us a written request to provide such notice, including
the name and address of such person or organization, after the
first Named Insured shown in the Declarations receives notice
from us of the cancellation of this policy; and
2. We receive such written request at least 14 days before the
beginning of the applicable number of days shown in this Schedule.
ADDRESS:
The address for that person or organization Included in such
written request from you to us
PROVISIONS:
A. If we cancel this policy for any statutorily porn-it- B. If we decide to not renew this policy for any statu-
ted reason other than nonpayment of premium tonly permitted reason, and a number of days is
and a number of cays is shown for cancel'ation in shown for nonrenewal in the schedule above, we
the schedule above, we will mail notice of cancel- will mail notice o`the nonrenewal to the person or
lotion to the person or orgarri?atinn shown in the organization shown in the schedule above We
schedule aoove, We will mal such notice to the will mail such notice to the address shown in the
address shown in the schedile above at least the schedule above at least the number of days
number of days shown for cancellation n the shown for nonrenewal in the schedule above be-
schedule above before the effective date of can- fore the exp ration date
cellatior.
1L T4 00 12 09 0 2009 1 he I rave ers lnc.ernnily company Page 1 of 1
v
COMM=RCIAL GL-NERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This enco•sen-ent modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO S AN INSURED -(Section II) is amended c) The rnsuranoe provided to the additional in-
tc incLide any person or organization that you sured does not apply to "bodily injury" or
agree In a "wr tter contract requiring insurance" 'property damage" caused by 'your wore
to include as an additional insured on this Cover- and included in the "products-completed op-
age Part, but orations hazard" unless the "written contract
a) Oily with respect to liability for 'bodily injury" requiring insurance" specifically requ,res you
"property damage" or"personal injury", and to provide such coverage for that additional
insured, and then the insurance provided to
b) _, and any tc the extent teat, the injury or the additional insured aoplres only to such
carnage is caused by acts or omissions or "bodily njurr" or "property damage" that co-
you or your sL bcortractor in the performance ours before the end of the period of time `or
of "youi woi c" to which the "written contract which the "written contract requiring risur-
requ'ring nsurarce' applies The persor or ance" requires you to provrce such coverage
organization does rot qualify as an adcrtional or the end of the policy period, whichever is
insured witn respect to tie Independent acts earlier ,
or omissions of such person or organization 3. The-insurance provided to the additional insured
2 The insurance provided to the additional insured by this erdorsernent is excess over any valid and
bythis endorsement is limited as fo'Iow�
collectible "other insurance", whether pnmary
a) In the event teat the -Imits of Insurance of excess, contingent or on any other basis, that Is
Ills Coverage Pari shower ir• the Declarations avafiabe to the add tonal insured for a loss we
exceed tee limits of rabi,ity required by the cover under this endorsement However, lithe
"written centree: requiring insurance", the in, "written contract requiring insurance" specifically
suience oiovided to the addieoeal insured requires that this insurance apply on a primary
shall of 'inter, to the limits of liabr ity re- bass or a primary and non-cortrioutory basis
mired by that "written cortract requiring ie- this insurance is primary to "other insurance"
surenee' This endorser-err shall riot in- available to the additional insured which covers
crease the limits of insurance described in that person or organization as a named insured
Sect on III-Lir is Of Insurance for such loss, and we ‘hill not share with that
b) The insurarce provided to the additional in- "other insurance" But the insurance provided to
the additional insLred by this endorsement stilt is
sured does not apply to "bed ly injury', "prop- excess over any valid and co lectible 'other in-
eity der-age' ar "personal irjury' arising out surance, whether primary, excess, cent ngent or
of the render ng of, or failure to -ender, any on any other basis, that is available to the add-
professional archrtectuiat engineering or sur- tional insured when that person or organization is
veying services, including an additional insured under such "other insLir-
i The preparing, aoprovirg or failing to ance"
prepare or approve, maps, shop draw- 4. As a conditior of coverage provided to the
ings, opinions, reports, surveys, field or- additional insured by this endorsement_
ders or cnange orders, or the preoarirg,
approving, or far ing to prepare or ap- a) 1 he additional insured must give us written
prove, drawings and specificat ons, and notice as soon as practicable o' ,an "occur-
rence' cr en offense which may result in a
n. Si.pervlso-y, inspection, architectural of
claim To the extent possib e, 5 poli notice
engineering activities
should Include
CG D2 46 08 05 2005 The St Paul Travelers Cor^panies Inc Page 1 of 2
COMMERCIAL GENERAL LIABILITY
I. How, when and where the "occ.arrence" any provider of 'other irsurance"which would
or offense look place, cover the additional insured for a loss we
Ii. The names and addresses of any Injured coder under this endorsement However, this
eisoris grid v�ntne ses. and condition does not affect whether the Insur-
F' ance provided to the additional nsured by
HI. The nature and locat,on of any injury or this endorsement is primary to "ether insur-
damage arising out of the'occurrence'or ance' available to the additional insured
offense. which covers that person or organization as a
b) If a claim is made or"suit' is brought against named insured as described in paragraph 3.
the add,tional insured the additional irsurec aoove
must 5 The fo lowing deflator is added to SECTION V
I. Immediately •ecorc the specifcs of the — DEFINITIONS
c aim or"suit"anc the date received, and "Written contract requ ring insurance" means
If. Notify us as save as procticab'e that par, of any written contract or agreement
The additional nsured must see :o it hat we under which you are required to incl ado a
in-
receive written nctice of the claim' or"suit' as person or organization as an additional soon as practicable surec on this Coverage Part, provided that
the bodily injury" and 'property damage oc-
c) The additional insured must immediately curs and the"personal injury" is caused by an
send us copies of all legal papers received it offense committed
connection with the claim or'suit", cooperate a After-he signing and executon of the
with us in the investigation or seilement of contract or agreemert by you,
the claim or defense aga nst the "s.iit", and
otherwise comply with all policy conditions b. Wale that part of the contract or
d) I he additional insured mi.st tender :he de• agreement is a effect, and
fense and indemnity of any claim or "stilt" -o c. Before the end o'the policy period
Page 2 of 7 0 7005 Tne St Paul Tiavelers Comparies Inc CG D2 46 08 05
