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2007-37SECTION 00910 NOTICE OF AWARD A C Schultes of Florida, Inc. 11865 US Highway 41 South Gibsonton FL 333534 Date: July 24, 2007 Contractor Project: Well No. 6 at Greater Hills WTP Date of Bid Opening: May 22, 2007 You are hereby notified that you are the apparent successful Bidder on the Project noted above. Upon compliance with the conditions precedent to be fulfilled by you within the time specified, the Agreement will be executed and delivered to you. Enclosed are the following: No. Copies Item 3 Agreement Between Owner and Contractor 3 Performance Bond 3 Payment Bond 3 Certificate of Insurance and Endorsement - Workmen's Compensation 3 Certificate of Insurance and Endorsement - Comprehensive General Liability 3 Certificate of Insurance and Endorsement - Builders' Risk "All Risk" 3 Notice of Award 3 Acknowledgement of Receipt - Consideration for Indemnification Please take the following actions: 1. Execute Agreement and seal. 2. Have your insurance company complete bond forms and attach notarized Acknowledgment of Authorized Representative. 3. Have your insurance company complete Certificates of Insurance and attach Acknowledgment of Authorized Representative. 4. Return all 3 copies of Agreement, bonds and insurance certificates to: NOTICE OF AWARD 00910-1 20083.00 31 Jul 2007 (GHWE00910.DOC) Boyle Engineering Corporation 320 East South Street Orlando, Florida 32801 Attn: Keith C. Rice, PE We will return a fully executed copy of the Contract Documents to you along with a Notice to Proceed. OWNER: City of Clermont P.O. Box 120219 Clermont, FL 34712-0219 Acct No. BY. ._,~c-mom ~~~~ Tamara Richardson, PE Director of Engineering and Utilities NOTICE OF AWARD 00910-2 20083.00 31 Jul 2007 (GHWE00910.DOC) SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the ~O day of3~~ in the year 2007 by and between City of Clermont (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Well No. 6 Greater Hills Water Treatment Plant The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The Work is the whole project. Article 2. ENGINEER. The Project has been designed by Boyle Engineering Corporation, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed within 100 days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 120 days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete and Three Hundred dollars ($300.00 for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as set forth in the Bid Form. Article 5. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. AGREEMENT 00500-1 20083.00 31 Jul 2007 (GHWE00500.doc) 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the LAST day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1. Prior to Substantial Completion progress payments will be in an amount equal to: 90% of the Work completed, and 90% of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests reports and data with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. AGREEMENT 00500-2 20083.00 31 Jul 2007 (GHWE00500.doc) Article 8. CONTRACT DOCUMENTS. The CONTRACT Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following in no order of priority: 8.1. This Agreement. 8.3. Performance and Payment Bonds. 8.4. Insurance Certificates and Endorsements. 8.5. Notice of Award and Notice to Proceed. 8.6. General Conditions. 8.7. Supplementary Conditions. 8.8. Specifications as listed in the table of contents. 8.9. Drawings, consisting of sheets numbered 1 through inclusive with each sheet bearing the following general title: Well No. 6 -Greater Hills Water Treatment Plant.. 8.10. Addenda numbers to inclusive. 8.11. CONTRACTOR's Bid. 8.12. Any Modifications, including Change Orders and Field Orders, issued pursuant to paragraphs 3.4 and 3.5 of the General Conditions on or after the Effective Date of the Agreement. 8.13. Invitation to Bid and Instructions to Bidders. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed as set forth in the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2. 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. 9.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal represen- tatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. AGREEMENT 00500-3 20083.00 31 Jul 2007 (GHWE00500.doc) Article 10. OTHER PROVISIONS. 10.1. In consideration of the CONTRACTOR's Indemnity Agreement as set out in the Contract Documents, OWNER specifically agrees to give the CONTRACTOR $25.00 and other good and valuable considerations, which is paid on behalf of all parties indemnified. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will a effective on ~E_A TL:N~ P~E.~. (~ ('~ , 20~ O1~yN~.R.-,. CONTRACTOR ~ (~ - x h-~>~S (~~ /v~C _ ~ ~. (CORPO ATESEA (CORPORATE SEAL) _ :., Attest Attest ~~ ~z ~~~~ " ~~ ~ - Address for giving notices Address for giving notices ~~5 W..~`~1or~4--c os~ ~-k~e~+ (t des ~ ~ ~ 5 (If OWNER is a public body attach evidence of License No. `(2~~ authority to sign and resolution or other document authorizing execution of Agreement.) Agent for service of Process: AGREEMENT 00500-4 20083.00 31 Jul 2007 (GHWE00500.doc) SECTION 0061 CERTYFICA'z'E OF INSURANCE Descr~,ption of Contract: City of Clermont Well No. 6 - Greater Hills Water Treatment- Plant Typc of InSUrdilC:e ; WOF~.K.k;,LZ' S COMPENSATION INSURANCE T~-TIS IS TO CERTIFY that the fol'lc~win~ numbered poXici~s Have been issued by the below-stated company in conformance with the limits and requirements as set forth in the Standard General Conditions and Supplementary Cpndi~ions. The Company will gi~tre at least 30 days' written notice by cer~.i- Pied mai~1 to the Owner and Engi.neear prior to any material change, reduction of coverage or cancellation of said policy. POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Statutory Limits Under the Laws of WC 7217652 4/15/08 the State of Florida A.C. Schultes of Florida Inc. Name Insured (Cor~tractar} 11865 Highway 41 South Street Number Gibsonton, Florida 33534 City axed State Selective Ins. Co. of Southeast insurance Company 40 WaNTAGE Avenue Street Number Branchville, N.J. 07890 City and State Ay (Company Rep esentative} Name• Andrew D. Martin, CIC TitYe: Agent/Account Executive (SEE NOTICE PAGE UOb51-3) CERTIFICATE OF INSURANCE Op651-1 2oos3 . oo ;1 Jul ~oo~ (GHwEa0651.DOC} ,~,._ ,.._ .__ Zi0 ~~~d S'a l -If1N;1~ 'l H f~ 1 T[~ ra. ~ r to ,~•• • •~, •• State of ) County of ) On this - day of C~ ally came ss. f 20~, to m duly sworn, did depose and say: that authorized representative of the and acknowledged to me that executed the within instrument on behalf company and was duly authorized so to do. before me pGrSOn- own who being ~ ~ . e.T~....#~ n~f ~s ~d• in~au~ra zee In wZtne~s whereof, I have signed and affixed my vtficial Seal on the date in this certificate first above written. ~~~ ~~~~~ Notary PubYic NOTARY SE~iL My Commission. Expires : ,,~ ~~' ~Q/~ Insurance Company Agent for Service of Process in Florida A.D. Martin Commercial Ins. Name P,O. Box 759 Street Number Mullica Hill, N.J, 08062 City and State 856-478-6600 Telephone Number A.D. Martin Commercial Ins. Agency P.O. Box 759 Street Number Mullica Hill, N.J. 08062 City aitcl state 856-478-6600 Telephone Number This certificate or verification of insurance is not an insurance policy ana does not amend, e~ctend, or alter the coverage afforded by the,po].icies listed herein. Notwithstanding any requirement, term, or condition of any contract or other documant with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is bubject to all the terms, exclusions, and conditions of such policies. CERTIFICA'T'E OF INSURANCE 00651-2 ?0083.00 31 ~]'ul ?00~ (GHWE00651.DOC) __ ,__ ,__ r ~~ I ~lrl{-I:l~ 'l H n~ 7 f T a. i r T r, ...... ....... ~ .-. 8 ~J~Jd - SECTxON 00652 xNSt1RANCE ENDORSEMENT Description of Contract: City of Clermont We11 No. 6 - Greater Hills Water Treatment Plant Type of Insurance : WORKER' S COMPENSATl"UN ZNSUF~.NCE This endorsement forms a part of Policy Na. ENDOR fi'F;MEN'I' WC 7217652 It is agreed that w~.th respect to such insurance as is afforded by the policy, the Company waitres any right of subrogation it may acquire against the OWNER, the ENGINEER, and their consultants, and each of their directors, o£ficere, agezxt$, aura. cmpYoyeeS by reason of any payment made on account of inaury, including death resulting therefrom, sustained by any employee of the in~t~red, arising out of the performance of the,abave referenced contract. This endorsement does not increaso the Compaxiy's total limits of liability. A.C. Schultes of Florida, Inc. Name Insured (Cantractorl 11865 Highway 41 South Street Number Gibsonton, Florida 33534 Selective Ins. Co. of Southeast 2nsurance Company 40 Wantage Avenue Street Number. Branchville, N.J.07890 City and ~r..ate city grid state By ( ompany epresenta ive) Name• Andrew D. Martin, CIC Title: _A gent/Account Executive (SEE NOTICE ON PAGE 006522) INSTTRAN'CE ENbORSENiENT q p 6 52 _ 1. 30083.Ot7 31. Jul 2007 (GHWEOU652_doC) 58 ~J~~ .ti"~~-lfll--I:l~ ~ H f]JTC TA..1rTn nn .nn ~-...- .^, ._ .~~ state of ) ss. County of ) On this 'L~`1 day Of 20~, before me peZSVrl- ally came ~ to m known who being duly sworn, di depose .and say: that ~ is an aut orized representative of tfie and acknowledged to me that ecuted the within instrument on behalf of said insurance eompeu~y and eras duly authorized so to do. In witness whPrPof, I have Aigned a+nd a.LL-ixed my official seal on the date in this certificate first above written. Notary Pubic ,- NC.?'i'AR1 `SE~:~ My Commissi nn expires : ~°ait~ ~U~ .T~r~-. No substitution or revision to the ak~ove endorsement form will be accepted. If the insurance called for is provided by mare than ane policy a separate endorsement in the exact above form sriall be provided for each policy. INSURP.NCE ENDORSEMENT 00652-2 20083.00 31 Jul 2007 {GI-~1E00652_doc) 90 ~~ti'c~ ~'~ I -lfll-I!lS r1 H n ~ rr. T.- ~ ^. ~., __ . _ _ _ _ _ 7a , rENLR.AL LTA.BILITX SECTION 0065u CERTIFICATE OF INSURANCE Bodily Injury Description of Contract: City of Clermont Well No. 6 - Greater Dills Water Treatment Plant Type of Insurance: COMPREHENSIVE GENERAL LIABILITY' INSURANCE • THIS IS TO CEIRTIFY that the following numbered policies ha~re been issued by the below-stated company in conformance w;th the limit and requirements as set forth in the Standard Genezal Conditions and Supplementary Conditions and are in force at this time. POLICY EXPIRATION NUMBER DATE Property Damage 51324516 4/15/08 LINTITS OF LIABILITY In Thousands (ono) Each Occurrence Aagreaate Personal Injury -or- Bodily Injury, Per- sonal Injury, and Pro perty Damage Comh;ned B . AT~'TOMOBZLE LIABILITY Bodily Injury (Each Person) S1324516 4/15/08 ~'S1730994 4/15/08 Property Damage (Each occurrence) -or- Bodily Injury and Property Damage Combined C. E~C:~aS LIABILITY $odily Inj»-~y and Property Damage Combined $ $ $ $ $ $ $1,000,000 Y 1,000,000 $ S "~ $ 1,000,000 $ $ 9,000,000 $9,000,000 CERTIFICATE OF INSURANCE 00653-1 20083.00 3i Jul 2ao~ (GHWEOU653_DOC) .~'i~ l -1flN'l~. '1 H n i Tr r+. i rTn ~-..-...,,-. ~.-._ •-- - - ~e ~~~d This certificate or verification of insurance is not an insurance policy and does not amend, extend, or alter the co~trerage afforded t?y the policies li3ted herein. Nvtwithstaridixlg any requirement, term, or condition of any contract ox other document with respect to which this certificate or verification of 5netitrance 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 policiee. The Company shall give at least 30 days' 'written nc~t.ice by certified mail to the OWNER and ENGINEER prior to XX~~t%t~I~C~C~I~ 4~~~4[g~€XX~~~~~'~~C#~~-X Xi~XD~~b~ir3~~3]~X16~ cancellation of said policy. A.C. Schultes of Florida, Inc. Name Iiit3ured (Contractor) 11865 Highway 41 South Street Number Selective InsCo. of Southeast Insurance Company # Selective WayIns. Co. 40 Wantage Avenue Street Number Gibsonton, Florida 33534 Branchville, N.J. 07890 City and State Cit d State By (Company epresantat~vc) Naui~; Andrew D Martin, SIG Title: A~entfACCO»nt F~XPS,]~i y (SEE NOTICE ON PAGE 00653-3) State of _} ss. County of ) On thi s day o 2 0 O 7, before me person- a11y came to m known who being duly sworn, did depr~sc and say: Lhat ' is art tzthori e r presentative of d k d d l the ~ . h an ac now e ge to me t at executed t e within instrument on behalf of said insurance company and was duly authorized so to do, CERTIFYCATE OF' INSURANCE 00653-2 20083.00 31 Jul 2007 ^11(C~1WE00653.DOC) ~~ ~ ~1 11'x. 1~ ~ H f] J T f T a. J ~` T n r. ,-. ..-..+ ,.. ~ - _ _ _ 28 ~~~d In witness whereof, I have signed and affixed my official Seal on the date in this certificate first above written. ~~ ~~ Notary ublic TvF:'I'~:R~i S~.~L My Commission Expires : .~~~~ ` -~O~oZ. ,• _ .'> r:~ IrisurdriCe Company Agent for Sex~ice of Process in Florida A.D. Martin Commercial Ins. Name P. 0. Box 759 Street Number A.D, Martin Commercial Ins. Agency P,0. BOx 759 Street Number Mullica Hill, N.J. 08062 City and Stag 856-478-6600 Telephone Number NOTTC$: Mullica Hill, N.J. 08062 city and State 856-478-6600 Telephone Number No substitution or revision to the above certificate form wily be accepted_ Tf the insurance ca.ll.ed for is provided by more titan one insurance company, a separate certificate irl the exact above form shall be provided for each insurance company. znsurexs must be .authorized to do business and have an agent for service of process in•~loriAa and have an "A~~ poli.cyholder'rs rat- ing and a financial rating of at least Class XI in acccardance 'with the most current Best's Rating. CERTIFICATE OF INSLTFZANCE 00653-3 20083.D~ 31 Jul ?007 (GHN1E00653.DpC) SECTION 00654 INSURANCE ENDORSEMENT Description of Contract: City of Clermont Well No. 6 - Greater Hi11s Water Treatment Plant 'type ref In~ura,nce : COMPREHENSIVE GENERAL L1.9~3ILITY INSURAI~tCE This endorsement forms a part of Policy No.S1324516 ENDORSEMENT The Owner, the Engineer, and their consultants and each cf their directors, officers, agents, and employees are included as additional insureds under said policies but only while acting in their capacity as such and only ac re3pects opezati~iis of the named insured, his contractors, any subcontractor, any supplier, anyone directly or indirecCly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the above-referenced contract. This insurance shall not apply to the negligent patty if thy? loss or damage is ultiulately determined to be the result of the sale and exclusive negligence (including any connected with the prepar~ition or approval of maps, drawings, opinions, rEports, surveys, designs, or specifications) of one ox more of the aforesaid additional insureds, The insurance afforded r.n these additional insureds is primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of this insurance 3ha11 not be Lac9,uced or prorated by the existence of such other insurance. Sub' ct to B1~nket Add'tio al Forms #CG7202 & #CG7921 (attached)~as require by a written con~rac~for work performed ~~~X X ~~~4l~X~~~7i~1~.X X ~,,7d.~$.a6~~rX X 7~3h~X~}F-Yal~~ X ~b~ % ~i~ % ~1?~3CiJ~i~~ ~~1~3~'~X ~7PK X~~K9~X~C~ X ~~;~ X ]~~ ~ X~~i~#~~~ X X 3f@#x X X ~SJ~'3~~X ~X~3I~K ~~ X X~%~ X ~X I~~~~JC'~~.~~X X X X ~I~~~'I~X X I~Jt~A,X X X~aX~(i~€.7~ X 3a~PX X ~Y X Xa~- ~°~~~~~~~ for them by the named insured. This endorsement does not increase the Company's total limits of liability. A.C. Schultes of Florida, Inc. Named InSULed (Contractor) Selective Ins. Co.of Southeast Insurance Company 11865 Highway 41 South Street Number Gibsonton, Florida 33534 City and State 40 Wantage Avenue Street Number Branchville, N.J. 07890 City and State TN'SURANCE ENDORSEMENT 04654-1 20083.00 31 +Tul X007 (GHWL00654.DOC) ElitePac General Liability Extension COMMERCIAL GENERAL LIABILITY CG 72 02 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Part identified in this endorsement will be amended as shown below. But, when two or more Coverage Parts of this policy apply to a loss, only the broadest coverage of this policy will apply, unless specifically stated otherwise within the particular amendment covering that loss. COVERAGES -Amendments COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer's Liability Amendment The following will be added to the Employer's Liability exclusion: This exclusion also does not apply to any "temporary worker". Non-Owned Watercraft The Aircraft, Auto or Watercraft Exclusion is amended as follows: This exclusion does not apply to a watercraft you do not own that is less than 51 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. But, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to the Other Insurance provisions of this policy for Excess Insurance. • Non-Owned Aircraft The Aircraft, Auto or Watercraft Exclusion is amended as follows: This exclusion does not apply to any aircraft, not owned or operated by any insured, that is hired, chartered or loaned with a paid crew. But, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to the Other Insurance provisions of this policy for Excess Insurance. Product Recall Expense The exclusion for the Recall of Products, Work or Impaired Property is replaced by the following: Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of "your product", "your work" or "impaired property" if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. But, this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". The following additional exclusions apply to this amendment: Failure of any products to accomplish their intended purpose; 2. Breach of warranties of fitness, quality, durability or performance; 3. Loss of customer approval, or any cost incurred to regain customer approval; 4. Redistribution or replacement of "your product" which has been recalled by like products or substitutes; 5. Caprice or whim of the insured; 6. A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; 7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; 8. Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found; Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CG 72 02 07 04 Page 3 of 8 9. "Bodily Injury" or "Property Damage"; 10. Any actual or alleged violation of any copyright, patent, trade dress, trademark, trade name, trade secrets, or any other intellectual property right laws; or 11. "Product Recall Expense" you incur for "your products" which are excluded from any other insurance written by this company. Fire, Lightning Or Explosion Damage The provision of COVERAGE A dealing with Damage to premises while rented to you or temporarily occupied by you with the permission of the owner is amended as follows: As used in this extension (only, including its use in LIMITS OF INSURANCE, the Declarations and the Other Insurance provisions), the term Damage shall include fire, lightning or explosion. The Damage to Premises Rented to You Limit of LIMITS OF INSURANCE is amended as follows: The Damage to Premises Rented to You Limit, for covered fire, lightning or explosion, is the higher of $100,000, or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. This limit is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises rented to you or temporarily occupied by you with permission of the owner, for all such "property damage" proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three. This Damage to Premises Rented to You Limit is subject to the Each Occurrence Limit. Property Damage - "Golfing Facilities" If you operate a "golfing facility" COVERAGE A is extended to "property damage" to any property not owned by you, caused by golf balls originating from your premises, regardless of your legal liability for the damage. The most we will pay under this extension is $500 per "occurrence" subject to an annual aggregate of $2,500 per policy term. No deductible applies to loss under this extension. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY EXCLUSIONS The exclusion of relating to liability assumed in a contract or agreement only applies to damages arising out of advertisement. COVERAGE C. MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment The following is added to this section: The exclusion applicable to any insured does not apply to: 1. "Golfing facility" members who are not paid a fee, salary, or other compensation; or 2. "Not-for-profit members". Product Amendment The exclusion applicable to the "products-completed operations hazard" does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises, if you are anot- for-profit operation or a "golfing facility". Recreational Medical Payments -Amateur Golf If you area "golfing facility", the exclusion applicable to a person while taking part in athletics does not apply to a person as a result of their participation in amateur athletics that are recreational in nature. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B • Expenses For Bail Bonds And Loss Of Earnings The provisions of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B are amended as follows: Subject to all other provisions of this section, the limitations for expenses for bail bonds and loss of earnings are increased as follows: we will pay up to $2,500 for the cost of bail bonds, and up to $500 a day for loss of earnings because of time off from work. WHO IS AN INSURED -Amendments Not-for-Profit Organization Members If you are an organization other than a partnership, joint venture, or a limited liability company, and you area not- for-profit organization, WHO IS AN INSURED is amended to include as additional insureds your officials, trustees, board members, insurance managers, and "not-for-profit members", but only with respect to their liability for your activities or activities they perform on your behalf. Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CG 72 02 07 04 Page 4 of 8 Employees As Insureds Modified The exclusion relating to injury to a co-"employee" does not apply to injury to, or property damage to the property of, a "temporary worker" caused by a co-"employee" who is not a "temporary worker". Newly Formed Or Acquired Organizations The following amendments are made to the insured provision relating to newly acquired or formed organizations, as granted under WHO IS AN INSURED: 1. Your ongoing operations performed for that person or organization, "your product," or premises owned or used by you; but this provision does not include any architects, engineers, or surveyors with respect to any injury or damage arising out of the rendering or failure to render any professional services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; or Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. But, COVERAGE A does not apply to "product recall 2. expense" arising out of any withdrawal or recall that occurred before you acquired or formed any organization under this provision. If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. But, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that relationship. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. This coverage extension will be excess over any other coverage, on any basis, available to the insured, and will be subject to the Other Insurance provisions of this policy for Excess Insurance. (All other provisions of this section continue unchanged.) Blanket Additional Insureds - Broad Form Vendors - As Required By Contract WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by: b. Supervisory, inspection, architectural or engi- neering activities. Your maintenance, operation or use of equipment, other than aircraft, "auto" or watercraft, leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. "Bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, but the insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; but this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract, agreement; b. any express warranty unauthorized by you; c. any physical or chemical change in the product made intentionally by the vendor; d. repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make such inspections, adjust- ments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CG 72 02 07 04 Page 5 of 8 f. products which, after distribution or sale by you, have been labeled or re-labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; but this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. This coverage shall be excess with respect to the person or organization included as an additional insured by its provisions; any other insurance that person or organization has shall be primary with respect to this insurance, unless this coverage is required to be primary and not contributory in the contract, agreement or permit referred to above. The provisions of this coverage extension do not apply unless the written contract or agreement has been executed (executed means signed by the named insured and additional insured) or permit issued prior to the "bodily injury" or "property damage". Incidental Malpractice With respect to the section of WHO IS AN INSURED dealing with employees as insureds, the exclusion relating to providing or failing to provide professional health care services does not apply to nurses, emergency medical technicians or paramedics. But this exception does not apply if you are in the business or occupation of providing any such professional services. "Golfing Facilities" - Golf or Tennis Pros The following are also additional insureds under WHO IS AN INSURED: If you operate a "golfing facility", any golf or tennis pros. Golf or tennis pros means any person, other than your "employees", whose primary responsibilities include golf or tennis instruction or operation of a golf or tennis pro shop, but only with respect to their liability for your activities, or activities they perform on your behalf, or their liability for the maintenance, use or operation of golf or tennis pro shop premises you lease to them. LIMITS OF INSURANCE Product Recall Amendment The provision relating to the Products-Completed Operations Aggregate Limit is replaced by the following: The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of: a. Damages under COVERAGE A because of "bodily injury" and "property damage" included in the "products-completed operations hazard"; and b. "Product recall expenses". The following paragraph is added to this section: Subject to the application of the Each Occurrence Limit, as described in this section, $25,000 is the most we will pay for all "product recall expenses" arising out of the same defect or deficiency. Increased Medical Payments The following is added to LIMITS OF INSURANCE: The Medical Expense Limit under COVERAGE C will be $10,000, or the amount shown in the Declarations for Medical Expense Limit, whichever is higher. All other terms and conditions of COVERAGE C. MEDICAL PAYMENTS remain unchanged. COMMERCIAL GENERAL LIABILITY CONDITIONS - Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The requirements for reporting and sending claim or "suit" information to us, including provisions related to the subsequent investigation of such claims or "suits", under Duties In The Event Of Occurrence, Offense, Claim Or Suit do not apply until after the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An "executive officer" or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; or 5. Your elected or appointed officials, trustees, board members, or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CG 72 02 07 04 Page 6 of 8 Product Recall Amendments The following is added under Duties In The Event Of Occurrence, Offense, Claim Or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; (3) As often as may be reasonably required, permit us to inspect "your product" and examine your books and records to prove the loss. Also permit us to take damaged and undamaged samples of "your product" for inspection, testing, and analysis, and let us make copies of your books and records. (4) Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms; and (5) Permit us to examine under oath, away from the presence of other insureds, at such times as may reasonably be required, about any matter, relating to this insurance or your claim, including any insured's books and records in the event of an examination. An insured's answers must be signed. (ti) Cooperate with us in the investigation or settlement of the claim. Unintentional Failure To Disclose Hazards The following is added to Representations: But, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure. Waiver Of Transfer Of Rights Of Recovery We will amend the Transfer Of Rights Of Recovery Against Others To Us Condition to waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard", if: 1. The waiver of such rights is required in a written contract or agreement with that person or organization; and 2. The provisions of the Blanket Additional Insureds - Broad Form Vendors - As Required By Contract section of this form also apply to that same contract; and 3. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the injury or damage occurs subsequent to the execution of the written contract, agreement. If you area "golfing facility", we will also waive any right of recovery we may have against any of your members or their guests because of payments we make for injury or damage arising out of their actions at your premises to which this Coverage Part applies. But, this provision does not apply to injury or damage that is expected or intended by your member or their guest. Liberalization If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. DEFINITIONS Covered Recall "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CG 72 02 07 04 Page 7 of 8 Discrimination And Humiliation (This provision does not apply in the state of New York.) The definition of "personal and advertising injury" is amended by the addition of the following offense: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer" director, stockholder, partner, manager or member of the insured; and 2. Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. 3. Not arising out of any advertisement by the insured. Employee Amendment The definition of "employee" is replaced by the following: "Employee" includes a "leased worker", or a "temporary worker". Incidental Malpractice Amendment The definition of "bodily injury" is amended to include injury arising out of the rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide these services. Golfing Facility The following definition is added: "Golfing facility" or "golfing facilities" means a golf course, golf club, driving range, or miniature golf course. Mental Anguish Amendment (This provision does not apply in New York.) The definition of "bodily injury" is amended to include mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury".) Mobile Equipment Amendment (This provision does not apply in the states of New York or Virginia.) The following is added to the part of the "mobile equipment" definition dealing with equipment designed primarily for snow removal, road maintenance, or street cleaning: But, this section does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. Not-for-profit Members "Not-for-profit members" means a person who is a member of anot-for-profit organization, including clubs and churches, who receive no financial or other compensation. Product Recall Expense "Product recall expense" means necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons other than your regular "employees"; (5) Expenses incurred by "employees" including transportation and accommodations; (6) Expense to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal; you incur exclusively for the purpose of recalling "your product"; and (8) Transportation expenses incurred to replace recalled products. Includes copyrighted material of the Insurance Services Office, Inc., with its permission. CG 72 02 07 04 Page 8 of 8 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY CG 79 21 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organi- zation when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products-completed opera- tions hazard". B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or (2) Supervisory, inspection, architectural or engineering activities. This coverage shall be excess with respect to the person or organization included as an additional insured by its provisions; any other insurance that person or organization has shall be primary with respect to this insurance, unless this coverage is required to be primary and not contributory in the contract or agreement referred to above. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 79 21 07 04 8y (Compar~y Representati~re) l~ame• Andrew D. Martin CIC Title: Agent/account Executive (5EE NOTICE ON' PAGE 0065-3) State a£ ) ss. County of ) On this day of ally came duly sworn, id depose and say: that authorised represciltative of the and acknowledged to m executed the within instrument on company and was duly authorized so to _, ?.0~, befere me pert~c~n- to me ~.nown o being i a~ ri sM e tha ' behalf of said inAUrance do. Tn witness whereof, Z have signed quid affixed my official seal on the date in this certificate first above written. Notary public AT 7TAFtY SCI? S~ .. My Commission Expires: ,~, z6" a U/~Z NOTICE: No substa.tution or re~rision to the above endorsement form will be accepted. If the lnsurarice call Pd for is provided by mox-e tlleiu one policy, a separate endorsement in the exact above form shall be provided for each policy. Insureds must be authorized to dv business and have an agent for service of process in Flarzda and have an nAn policyholder s rating and a financial rating of at least Class XZ in accordance with the most current Best's Rating. ZNSTJRANCE ENDORSEMENT 00654-2 20083.OQ 31 Jul 2007 (GHV1E00654.DOC) SEC~.'lON 00655 CERTIFICATE OF INSURANCE Description of Contract: City of Clermont Well No. 6 - Greater Hi11s Water Treatment Plant Type of Insurance: BU2T.rDERS' RISK "ALL RISK'S INST_TRANCE THIS IS To c::ERTIFY' that the following numbered policies have been issued by the below-stated company in conformance with the limits and requirements as eet forth iii the Standard General ,Conditions and Supplementary Conditions and is in force at this time. POLICY' NUMBER EXP2RATION DA~~ LIMITS OF LYAHILITY $500,000-Single Location S1730994 4/15/08 $100,008-Temporary Location $100,000-Transit (Not Less Than Contract Amount) (Not Sooner Than Con- tract Completion Date} beductible: $1,000 $25,000 Flood# $25,000 Earthquake (Not More than $25,000) 'This Certificate or verification of insurance is not an insurance policy and does not amend, extend, or alter the coverage afforded by Lhe policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this r_ertificatc ox verification of insurance may be issv.ed yr may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. The Company shall gi~cre at least 3o day5' written notice by certified mail to the OWNER and ENGINEER prior to ~~~X~~~~~,~1x ~k~~~[~XX~~~'~~~F~~~XI~~X~~~J~~XX~' cancellation of said policy. ##Flood is excluded in zones A & V. L~:RTIFICATE OF INSURANCE 200$3.00 31 Jul 2007 (GHWEOQ655 ]7OC) 00655-1 ~~I~fll-Ili l ki n~TrT..~,~.T(, .,...,-... ,..._._ .__ -- ZT ~J~d A.C. Schultes of Florida, Inc. Selective Ins. Co. of Southeast Name Insured (Contractor) Insurance Company 11865 Highway 41 South street Number Gibsonton, Florida 33534 City and State Snare of ) County of ss. 40 Wantage Avenue Street Number Branchville, N.J. 07890 City and State By (Company epresentative) Name:Andrew D. Martin CIC T1tle: AgPn t/Ar~ni~nt Fvartt l-i ^~o (SEE NOTICE ON FAGE 00655-3) On this day of ~ 2047 , before me person- ally came to m nown who being duly sworn, did depose and say: that ~~ is an thori2ed rPpreser~.tativ'e of the and acknowledged to m t at • executed the within instrument on behalf of said insurance compaizy dild was duly authorized 5o to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. ~u-n. ~ ~' Notary public ;g P7C~r2'~ ~ ~~~ ~_ My Commiasi nn Expires . ~ `~ 6 ° ~~ /,Z ~J ~ ~~ ~'Oaa ~~"-'~e,.~ F~~ CEx{'1':LFICATE OF INSURANCE 00655-2 20083,00 31 Jt11 2007 (GHWE00655.DOC) 4,3 Qbtain bit3A ar nagOtiate proposals from yua:iflt3d ContraGtars scceptahle to the Owner for a contract for perfopnanee and mrnpletion of 1118 Consintctian Gorttra :t, arrange tpt a contract th be prepared for execution by th& Owner and the ~OntractOf selected wiU1 the Owner's CCP,ourrBnee, is rue RACUred Mridt pertormtnao aria payment t,u~n3~ BXP..uted by t; quelifled surety Rqufval8nt to the hon~la icsiiari nn rho C`onetruarien Conlrget, and pay tv tt;a 6wt~Hr the aptourn of damages ss d~er+bed in Pflragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulring from the CantraCtat's defauk; or 4,4 Walve its right !o perform ar+d COmolataa, arranaq for complstlon, qr obtain a new contractor and with rxnsonabia promptness under the CircuRtsi?.nCes: 1. Alter invsstigafton, dettarminQ the amount tar which It mrt,+ be Gahlw try the bwnor and, se ,con as practice We after the amount is deterptined, tender payment therefor to ih6 Qwner; or 2. nervy liability in whole or in part and notrfy the fawner citing reasarts therefor. 5. if the Surety does not proceed acs provi9ed in Paragraph 4 with reasonable promplrt6tSS. the 5urary shall ~ aeimod to 4a !n default on trio Sand flhaen Lays urWr receipt of an addifianel wri3t9n notice frtsrr; ttte Qwner iD the Suroty demanding trial the Surety perform tit: obig2ttiort6 under this Bond, and the owner shrill be entitled to enforce any remedy avaitabie to the Owner. it th8 Surety progeads as provided in Subparagraph 4.4, and the Owner refuses ttte payment tP.ntier9d or t-,s Surety has denied Ilet~ilily, in wttoW Rr Ut part, VWttlCtrt further notice the C1wT1tiY shat) !~ entitled W entcxce any remedy available to the Owner. t3. After the Owner hats terminated the Contra+a>aYs rig(tt tq cxtmptete the ConstructJOn Contract, and .f the Surety aartt: m act under &ubpsragraph 4.t, 4,2, yr 4.3 s~vb, then rite resptxtsibilkfes 4f the Surety Oa fhe primer shat! net he greater than thosQ Of ftte Corttractar under the Catstruction Contract, and the responsibilities of the Owner to the Surety shah pct be greater than those of the Owner under the t.onstn-ction Contract. To the limit of the amtwnt of this Band, but subieci to rxxnmitment by the thvnor of tfte Oatonce of use C,atluact t'noe to mmgation of goats and damages or'• the Construction t;onteact, the Brusly is obigated without duplicailOn for. f. f me reaponsibifMies of the Contractor far CofreCtion of defe`~-Bve work end eompletson of the CAnstruclion Contract. 6.2 Arirtitirxtat trapat, d6a8n prpfoaaional and delay uzcls rri5uinng from ttte t;ontractors pefauk, and resultlnG from A'te aCtlonS Or failure to 8ct of tt18 Suroty t,n'tder Paragraph 4; and 6.3 Llquioated d8rr>agps, or tf no liquidated damages are spooified in the Consiructlan Contract, actual damages caused by delayed ~firmanca or rtwt-pertnrr»ance a! the Contrac1ut. 7. The Surety Shelf not lte liable to the Owner or others for obligaiiors of the Contractor that eta unrelated to tit® GortstruCtian Contract, and thq Balance oT the Contract Price st-ati not be reduced pr set cif on account of any such unrelated obligaSenS. No right Of action shall accnx~ nn this Band to any portion or entity othrrt than the otvn9r or tcs hairs, 6Xecutor6, administrators, ar SuCCessors. e. The 5uraty hereby walae5 rxstrce of arty C1lartge, including Changes of tune, to the Ganstruction Contract or to related subCpltrgcts, purCFtase orders and other nNlgatiortg. 9, Any proceeding, legal or aquttable, under' this Bond rrtay bEa ittstlttrted in any court of competent jurisdiction in the locstlon in which thta work or part at tf1t3 work ie located and shall be instituted within M~a yaarc after Contractor Default or within two years after the t;ontrsetor CtidSad woricinp ar ttiifhnn two years after ew Surety refuses ar fetll8 iv Nerform ti8 ebdgaROns under this Bond, witlchsv6r occurs first if the provisions of this f>arsgrapn aro voki ar prohlbfted by taw, the ntinimtxtt period of iltttitatigrt tavailebl6 to surptiDt as a defense in the jurisdiction of rho sui# sftali be appliCt3ble. i C. NoCtce th the Suroty, the OvYnBr or trio ContreChpr Shell bo rnaAatt nr deti+i®rod to tkts addrpea Shown Cm the algrwUure gaga. t. tNhgn fJtis Bond has t190rt fumistted to comply w~t- a statutory or attter legal requirgltent in the locatlon where rite construc- t'on was to be performed. arty prov~iOn to this Bond apnfliCting with said statutory ar lager raqulrement shall be deemed deleted t-erofrom and provisions Cortfomting !o such statutory or other taper raquirrm«n shalt tw docmad tnccrporatcx: t;ereln. The intent IS iftai this Bond Shell be c~rtptrued as at statutory frond and not as a Compton taw bond, 12. Dpfinitiatt6: 12f Batattoe of ttto Contract Pricer The total arrtotAtt payable by t11e Owner to the Cr'xitr~tor under the Caonotruct;on Cadr:tct aher aft ptop9r adjustments have been tetade, including .allowance to the Contractor of any amounts received or to be reeeivgd by the tOwner in Stttltsment of insurance or Omer ctalma for damages m which the ^.orttracta iS entitled, retluced by all valid and proper payments made to ar on behalf of the Cantrr+rrnr under the t;,~nstyyptiorl CVlttlft~t. 12.2 ConsMrctian Cormact: The agreement between rho Owner and the Contractor identified on the signature page, intruding aft Contract Documents and changes therein, t2.3 Contractor ,7efault Fniiure of tttrv cattraotor, which has ne.Kher bean rgltedied nor waived, 'ts parfarm or otharwlt:B to ccxnpfy with the taints of the Careitruction Camact, 12.4 Owner Oefault: Failure of the Owner, which has nelttter been rempoled nor waived, to pay t!lt3 Carrtractnr as reQuired by tfio C'orttsiruction Ccuitract rx to peHopn rtra Coptpiete or comply watt the oltter terms mareof. END OF SECTt{~N C:UNSTRUCT T OlvT PEFtFOR1+~fAiQCE BOND 0 0 51. Z- 2 20083.00 3Z JuI 2007 (GHWE0061Z.DOC) ~311f7-iOS C t7 OLLELbLSL6 tiLt00 L~OZ!8c~/80 ~R 3r'tj~ SECTI(?N 00620 CONSTRUCTION ~'AYMENT BOND ~(FT~ORIL~A FU3LIC WORKS PROJECTS) CONTRACTOR: A.C. SCHULTES OF FLORIDA, INC. Nfl1"`il$65 Highway 41 South i sonton, Atxnab OWNER: Gait (ot Clerl~l n4 c_- N~m~ P 0 Bo~C 7 2029 Clermont. FL 3471 '19 _. Mdrass t^,C1N5TRUCTION CONTRACT Date: Amourtt:~ ~4[,~, r r~.vv Descripttart: Vy„611 No_ 6 - Cyreater Hit! Waier Trcatmen~Plant b.a+e Clermont. Florida w~w~a+ ARCH INSIIRANCE COMPANY SURETY;__ .__ h~gPO BoS 1787 Paoli, Pa. 19301 P,a,uv+, ruw~, rn SusGiass Principal P,eca at eus~eee BOND 2007 Date (Not earlier than Construction Contract Date): August 9, _ Amount: 349 ~ _ 7~_QQ - Modffioatiorts.to this ©ond Form,:, None CONTRACTOR AS PRINCIPAL SURETY ARCH INSIIRANCE COI~ANY Comppa~n~y: ~ jC~tZrp_ Seal} Company: (Gore. seal} A.C. SCHIIL~ES OF FLORIDA, l~+G. t Signature: Signature: '" Name: Narr?6: J p ta. o 7r. -- Title: Tide: tonne in Fact Fumtsh Bond in accCrdattCx With FlruirtA Statute 255.0.5. t. The Col'rtractor and the Surety, jointly and >cev~alty, bind themselves, their heirs, executors, administrabrs, successors end assigns to the Owner to pay irx tabor, matertals and equipment tumished for use in the pQrformartce of the Construction Contract, wiUCh is incorporated her®fn by rpforonca. ~. Will ~ reupect t0 the t;)wtgr, this obligation sh2di be null and void if x1e tAntractar: 2,i Prornpny makes psymant, dueptly or indlr6ptly, for a!{ sums due Gaimznte, and 2.2 Defends, indemnities and (lords harrniess the tT~nwr From a!I clsimt, derna»da, lraro or suits by a+ry ~rscxt or entity who famished labor, rrtatSteriats or equipment for use in .the performanct of the COi1StrUCtion Gorlhaci, provided the Owner has promptly notified the Contractor and the Surety fart 211-e addr¢ss shown above} of any claims, demands, liens or suits and tendered defartse of such claims. demandsx, ligrts ar suits: is tt,e Corvtrador and the Sw~+ty, ono provided there is no Owner D6fautt. 3. With rtitpeCt io Clelmartts. this oblioatirx, than ho r„~~ .~,d void lF the Centractor p,v,i~NUy ,~aixra payment, directly Or Indirr~tty, for al sums due. .s. -rt,e Surety abort nave r!o aWigatbn to Claitnents under this Bond untU: a. f Claimaests who are employed by or have a direct contract wii» the Contractor havo given notice to the Surety (at the addrasa shown above) and serrt s Dopy, or notice thereof, th thp Owner, statiltq that a rir~im is being made undor true 8cr ~J did, with suriat+ant+al eccura~ey, the amount of itle Claim. 4.2 gafnrert~ Who do n~ have a direct contract with the Contrsw^tar: d. HavB famished wdtron notice Lo the Contractor and sent a espy, or notice iherent, to rho Chvnor; vAthin o0 Jaya attar rk'tYng last pettorrned labor Or lest famished materials rx tjpuipnwnt Included in fhe daim stating, with sulxrtuntiai accuracy, ttte amount of the daim end the name d the pally to whom the neat®rials were famished or suppled or for whom the labor w~ done or performed; and CONSTRUCTION PAXMEI~JT BC]ND O D62 t? -1 20D83.t)o 31 Jul 2Q07 (GHwE00620.DOC} 1~I~S OLt;=ZtaLcLE3 hZ-3e Leaz~s~!s9 b0 3J7~ S31 ~- insurance Company Agent for Service of Process in Florida A.D. Martin Commercial Ins. Name P.O. Box 759 Street Number A.D. Martin Commercial Ins. Agency P.0. Box 759 Street Number Mullica Hill, N.J. 08062 City and State 856-478-6600 Telephone Number NOTICE- Mullica Hill, N.J. 08062 City and State 856-478-6600 Telephone Number No substitution or revision to the above certificate form will be accepted. If the insurance called for is pro^crided by more than one insurance coirtpany, a separate certificate in the enact above term shall be provided far each insurance Company. Insurers must be authorized to do busine~R and have az~ agent £or service of process iri Florida and have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the mc~sr. curxent Best's Rating. CERTIFICATE OF INSURANCE 00655-3 20083.00 31 Jul 2Q07 (GI-Ifni~00655.DOC) b Z ~Jkid ~~ i ~nN~c ~ 4-1 n ~ T r. r i ~ .. r.-. _. _ . _ ~ - - - BOND# SD 103 1758 SEC~'ION 00612 CONSTR~JCTTON PERFQ~7~iNCE BOi1D A.C. SCHULTES OF FLORIDA, INC. ARCH INSURANCE COMPANY COly17RaGTC?Fi, .,..__ -_..._ .~ 5lIFiETY: _ Na 11865 Hi>;hway 41 South ~ ~~~0 Boa 1787 _ _ Gibsonton, FL 33534_ ~ _ Paoli, _Pa. 19301 ~~~ Adtlrpf5 Prk+cgai Pletq o~ Bi.8r~a3y OWNER: ~" + of Qfermont H.,~„ ~O- Rr3x 120219 -. 1 nt FL ,g~712-C1219 ____ py~yy~s W,nr.VhtA Pl,c. al H.x:nooc caNsTaucTtoN coNTRACr Date: - Ammurrt: _ 2 , _ Description: Well No. 6 - Grater Hills Water Treatment Plant ctormoM, 1=wridc~ -- - - - BOND August 9, 2007 Date (Npt earlier than Construction Corttsact Date): ~_ - Amount: #423,775.00 ____ Maciifir<itionS to tttis 8prt+x Form: one, CDNTRACTOFt AS PRINCIPAL. Si~R1=T'Y ~~ INSURANCE COMPANY A.C. S CoCHULTES~ OF FLORIDA, NC(Corp. Seal) Company: (Corp. Seal) .~- . 5ignature5 ~ ~~`'"``~ Signature:_ s Name: f ~(~..._ Nam~• Jos [,1. Rolok~ Jr. Titter ~ Tit1e: At rne~ in Fact t . Thr. CAx'4raCtor and the suroty~ jointy onci seveaully, tlfnit Gien'180tVes, their heirs, ex8l?utars, adtnlrtist-atdrs, SuCCCSSOrA arfd as&fgns to tl7a owner tar the pertprmertee of the Corwtruvtiort Contra, whfCh IS irlcorpOraM.ci herein by reLergnCe. 2. ff the Carttractor pprtotnts the Construction Contract, the Surety and the Carttr2tCtor shxA have no dhiigatian under this E+drld, except to pRr-it•.ipEle n cortfarsnaoc tun provldod in Subyeuxgrapn $- i . 3- H there is ho Owner Oetauh, the Surety's obligation under this Band shall else after. s.i The Owner floe ratified the Contractor and the Surety at its address desarlbea above, that the f;3wlter is aonsiderind aidariYftt a Contractor Default and haC rcqusstad ua ariwrwtmd tc arrahge a cartterenCe with the CorttrdCtor rind tfte Srarery 1n be held not IdtBr then fihsen days after races fri of such notice to discuss; methoCle Of perfom>irag the COhatruCtlOrt Cantrtct. if the Canter, the ContrdcrAr and the Surety agree, the Cohtrectcr ahyl be alloyed s r6~lfOrt- able dme b perform the r'mStructian Contract, but such an agr~twrri she>y not waive the Own9r's right, rf any, subsequently to deCfa:e a Corttractdr Aefault; arxl 3.2 The OwrtEt' has declared a Contractor pefautt and formdfly terminated Lila Contrar.~r'& right to campy itte carttract Such t;attractar Aeteutt ehpsu not ha cleciarad aarlior tr+ar+twenty ;lays altar Jr® Gonua~cor and the Surety have rt3caived notice as provided in Subparagraph s.1; and 3.3 The Owner has agreed tQ pMy the t3alartce of the Co.'ttrdct Price to ttte Surety m >lcc4rddnce with the tar5rs of the Construrfion COrltraCt ar to a Contractor saipeted m perform ifw Conotruotearr Cor+trect in tu:ixxdanCe Vvitt the 1Prms of tttp Corttraq N•iih the Cwvrter. a. wnu, n+m pwner t+ao ooNared d,o w~rwnwns ar rardgrapn 3, the Surety shall prornQify anC at the Sure!y's axpensq tak® one of the 4oflowing actions: ~.7 Arrange tcx the Catiraotor, with consent of th0 Owner, t0 perfOmt and Complaig the Gonstruclion Contract; a 4.2 llndartake to perform anA compute the Cansttuction GantttApt itself, through fro agents or through Intlependerd COrltreClotS; yr GCNSTRUCTION PERFORMANCE BOND 041511-1 3fJ083.00 31 Jul- 2007 (GHTr?Eb451.l.DOC3 ~.~+ 3n7d S 314"11-{~~S '~ ~, C. Nava eiMt~ar received a r9jectian in wtlde or in part from the Contractor, Or naS rec8lvetl within SO Lays o1 fum~h,rg t-tz abcva not~a any commuruGalion Earn the Contractor CY vrhict, the Contractor na.; ind~v_~d the Claim •,e,nll be paid dire~ody or indll~Ctly; Eutd c:. svat navmg pypn paid within t7e skx~ve 3C days, hat+® sent a writOen notice trr ate Surs^f ;dt the addres. shown an the signature page) aril sent a copy, or notice thereof, to the Owner, stating that a claim is lysing made urxle! this Bond and enclosing a Copy of the previous written notice furnished to thA C'nrttret^^t~+r: s, if n ; ~rtie:r rdautreo »Y Faragrapn 4 is given by the Owner to the GantraCtor or to tr+a Surety, tits'. is suf8eier-t camptianca_ F, VJhon the Gaimartt has satisfied the conditions uF PAr3graph 4, iha Surety shall prampGy and at the Surety's exprnse take ttre f0ilewing a,;tidls: t3.+, Ssnq art +3ruwar to the ti:aimsnt, wall a copy t0 ttta Owner, vri'hin 45 da}~s after receipt cf the claim, Stating d1a amounts that are undisputed and the basis for challenging any 6meunts that era disputed. 5.2 Pay or arrange far payment of any undisputed amounts. T. T>•,o Sur~y3 toter ob!igatiG~ :'sfHall rwt axcaad the amount at tills Bond, and the arttaurt of this Band shall be credited far any pdyntenis made in poo,7 faith try the Surely. 8. Amourtt3 awed by the Owner to tfip Contractor under the Construcdon Goniract shall t>o used far the performertCe of the conetru4tlon Cat\trpet end to Misty t~tilTRi, tf arty, under any iortstruciiari Perrnrmart:e Bond. ey the Contractor fumishtng and t7a (,lwnsr aor„epdng this Bond, they agree that a1 funds earned by ttte Central or in the parfarmartce of the Consfirctitxt t; Ontrect ar6 dedicated to safJsiy ObligBtlans of the Corttrector and tl'+e Surety under this 130nd, subject to the Ck~rtt9t'4 priority to use the tund3 !or the r,OrnFSetivn ;,1 tt w wtxk. 3. The S:M'ety shat) trod be liable t0 the Owner, Claimants or athprti for cbligaifOns of the Contractor drat are unteiatad to the Constru4D10h Contract. ThE Owner shall nci bE fialtie for payment 5f any aoSt5 ar expanses of arty Claimr~rtt tinder this Bond, silo Sh3'a nAVR IfrY.{Qr tt1t4 BOrld no abliga0oro to make pnymenrb tv, yiw r,,;rttYBS Ort bANalf at, cu otherwise have odttigafions to t~simartt5 under this Bond. lo. The Sorely hereby waives notice of airy change, Including Ct,anges of time, to the Cortstnretion Car>traot or to related 8ul7ecxrttacts, purchase ordeix rand nlh4+r ObiigatiAr/t. i `. Na suit nr Ar-tion chap be cOmttt9naed by a Claimant under this dufrtJ uU,yr titan m a CaUrt Ot competent jut'is~ilCtian in d18 lacatiorc In whi;,ft the werk or part of thEt work is (posted or after the axpirefaon of ens year from the elate (t; tNt which the Gaimant gave the notion raqulred by 8ubpsn'apraph a.i or t~arus® 4.E tc), or (2) on wt#h the last itiltu, ur ararvrce Nrat: psrtORned by artyotte or the laEt rrtateriais or squipmert warn fumiarted by anyone under the t..onstructian Contract, whichever of (1) ar (~ first occurs. ff the provisions of this Paragraph rue vdd or prohibited by law. the minimu.'r, period of 1in111atirXl avaiabls to sttnaties es a defense in ttt® jurir+dict;an of the sun chaN rte appfic+abic. t2. Norice to the Surety, ills Owner ar the Contractor shaft be mailed or delivsratl to the address shown on the signature page. Acttrai racalpt of notice by Surety, xte Owner Or the Contractor, howovrir aCOOmplistupd, shall be suf(1Cienf compNance .rs of the date reCelvetl at the itdoress shaven an the aignanrrR f+age t3. 1+Yhen this Bond has tt6en famished to comply with a statutory or ether legal raquirernent rn the Iccation where the rfittsh„ction .vas to ice pcetormcd, any provision in 1!•tin Bcrrcl wrtHlctlng wtxt said statutory or legal requirement shall ba deantiul deleae~l tterefrorn and prOVisions conforming b such stattrte+ry ar ~rhar tai raga+rgmor,t shalt >?e doamatl incorporated herect. The intend is, that this Bond shall be cortsutr9d as a st~ttROry bond and r10t as a aan'~rrton law bond, th. Upon raqutst by any person ar entity appearing is ba d potential beneficiary of this Band, the Contraetor,thell promptly fumisr: a copy of this Bond or shall permit s copy Do made. i g. i7attnlttans: t5,1 Claimant: An individual or artily having a direst contract wish rite Cottaractar or With a subcontractor pt the Contractor to famish labor, materials or equipment br use in the perfcrmartce Of the Contract, Tha inlaid nt thin; t3cxuq snail ba to !ndude wrmout NmitBlion in the temps 'labor, materials of equipmex-t" that part ar water, gas power, light, heat, atl, gasoline, teiaphone salutes or rental equipment used in the Construction Contract, architectural arw enginee+ing services [squired for performance of the work Ot the Contractor and the C.ortttt3tctor's suttcotztrmator5. and ell otbej' itdr„s !or which a moehanic's lien r"tay be a,SSeRetl in the ju^isdiciiort wfWr6 the labor, metarial9 or equipr, ttxtt were fumist,ed. t5 t;ansUuction Contract: The agreement between the Owner and the Corttractar idr~ntifisd on the :algrtature paAe, including ell Contract Dtx:urre>trta and ettertges tftereta. '• v.3 Owner ,7efault Failure of the Owner, which has neither peen remedied trot waived, to pay the Contractpr as required by the Construction Contrast ar to perform and complete ar comply with the other tem16 t!tereoi. END OF 81=C71QN CONSTRUCTION PAYMENT BOND 00520-2 2DQ83.00 ~1 Ju]. 2007 (GHWE00620.DOC) ~A ~r~yd ~31~~-iH~S '~ h 0~ TEib~ETB 4Z ~00 1.0i3~,'E0/80 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint James L. Hahn, Daniel P. Dunigan, William F. Simkiss, Joseph W. Kolok, Jr., Brian C. Block and Richard J. Decker of Paoli, PA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.,1~lissSitiia. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chaim~an of the Board, the president, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and aftomeys-in-tact, and to authorize them to execute on behaff of the Company. and attach the seal of the Company thereto, bonds and undertakings, reoognizanoes, contracts of indemnity and other writings, obNgatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this ath day of October 20~ Attested and Certified 4~ts~e So 1~C COtfORATE SFAI //J/~~/J~A /,~+ 1971 Martin J. Nilse ~ ecretary STATE OF NEW YORK SS COUNTY OF NEW YORK SS Arch Insurance Company Edward M. Ti us ice President I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as their own free and voluntary acts for the uses and ppurposes therein set forth. PETER EI. CALLEO, ESQ. Notary Pubtlc. State of New York Na.02CA6108336 rZt• :lifted In New York County Pe r J. No ubl'ic Commission Expires May 3, 2008 My commis ~ expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attomey dated on b2half of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Yrce President, was on the date of execution of the attached Power of Attorney the duty elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto sr~scribed my name and a the I of the Arth Insurance Company on this 9th day of August 20 07. Martin J. Nils ,Secretary This-Power of Attorney limits the acts of those named therein to the bonds and undertakings speCifiglly named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND AI.L CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors 8 Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013 00 03 03 Page 2 of 2 ~~~ n ~iW~ Printed in U.S.A.