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2010-22
4 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into thiso2'_ day of Apr 2010, 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 specifications entitled: RFB NO. 10 -002 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, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Compensation Schedule,_attached hereto and incorporated herein as Exhibit "A" and, if applicable, the Unit Price Schedule, attached hereto and incorporated herein as Exhibit "B." The total contract sum shall not exceed ONE HUNDRED AND EIGHTY -SEVEN THOUSAND DOLLARS ($187,000). ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 1.) The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to Proceed, and (ii) receipt of three (3) sets of conformed plans, and (iii) receipt of all survey data as required to perform construction layout, and (iv) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within one - hundred (120) calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified by the Architect /Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the OWNER can occupy or utilize the work or designated portion thereof for the use for which it is intended. 2.) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3.) The CONTRACTOR further declares he has examined the site of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such site is correct and suitable for 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 his 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 material, 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 materials 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 Contract. Therefore, notwithstanding any other provision contained in the Contract 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 TWO HUNDRED AND FIFTY DOLLARS ($250.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; 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 estimate by the OWNER and the Engineer, for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10 %) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 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 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 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 arising 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 Contactor 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 Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $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.) Owner's and Constractor's Protective Liability Insurance - The Owner shall procure and furnish an Owner's and Constractor's 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 Coverages - The Constractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7.) Contractual Liability Work Contracts - The Constractor'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, arising 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 whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right 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 indemnification provided herein. 9.) Builder's Risk Coverage - The Contractor shall take out and maintain during the life of this Agreement a "Builder's Risk Policy" completed value form, issued to provide coverages on an "all risk" basis including theft. This coverage shall not be lapsed or canceled because of partial occupancy by the Owner prior to final acceptance of the Project. The Owner may elect to take out and maintain this insurance coverage. Should the Owner purchase said insurance, the insurance policy shall have a deductible for each occurrence of $5,000.00. The Contractor shall be responsible for losses up to the amount of the deductible. 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., Tnc. 535 Courtney Hodges Blvd Perry, Georgia 31069 OWNER: City of Clermont Attn: Wayne Saunders, City Manager 685 W. Montrose Street Clermont, FL 34711 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. 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, Florida. 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 stated in the Instructions to Bidders and herein made a part, are as fully a part of this Contract as if herein repeated. Document Precedence: 1) Contract Agreement 2) Technical Plan and Specifications 3) All documents contained in RFP No.: 10 -002 Elevated Water Storage Tank Coating and Repairs and CONTRACTOR'S response thereto. 4) General Requirements 4) Instructions to Bidders 6) Drawings 7) Payment and Performance Bonds 8) Proposal Guaranty [signatures on next page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /7 day of f f) i . '• x City of C - u ont � 40110 arold S. Turville, Jr., Mayor Att %st: / i ' racy A kroyd, Cit Clerk Utility Service Co., Inc. By: 1/,6‘;1 Signature Hal Black President General Manager (Name /Title Printed or Typed) 535 Courtney Hodges Blvd Address Perry, Georgi1 478- 987 -0303 (Telephone Number) If a corporation, affix corporate seal and have corporate secretary attest. Attest: Corporate Secretary Shane Albritton, Assistant Secretary (Name Printed or Typed) PERFORMANCE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BOND Hartford, Connecticut 06183 Bond No.: 105412349 KNOW ALL MEN BY THESE PRESENTS: that Utility Service Co., Inc., 535 Courtney Hodges Blvd., Post Office Box 1350, Perry, GA 31069, (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America, Travelers Bond & Financial Products, Construction Services, One Tower Square, Hartford, CT 06183 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Clermont, 685 West Montrose Street, Clermont, FL 34711 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of One Hundred Eighty Seven Thousand & 00/100 Dollars ($187,000.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a contract with Owner for RFB No. 10 -002, Elevated Water Storage Tank Coating and Repairs (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name, address and legal title to Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. • The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 1 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any contract or contracts of completion arranged alteration or extension of time made by the under this paragraph) sufficient funds to pay the Owner. cost of completion less the balance of the contract price; but not exceeding, including Whenever Contractor shall be, and declared by other costs and damages for which the Surety Owner to be in default under the Contract, the may be liable hereunder, the amount set forth in Owner having performed Owner's obligations the first paragraph hereof. The term "balance of thereunder, the Surety may promptly remedy the the contract price," as used in this paragraph, default, or shall promptly shall mean the total amount payable by Owner to Contractor under the Contract and any 1) Complete the Contract in accordance amendments thereto, less the amount properly with its terms and conditions, or paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Any suit under this bond must be instituted Contract in accordance with its terms and before the expiration of two (2) years from the conditions, and upon determination by Surety of date on which final payment under the Contract the lowest responsible bidder, or, if the Owner falls due. elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or bidder, arrange for a contract between such for the use of any person or corporation other bidder and Owner, and make available as Work than the Owner named herein or the heirs, progresses (even though there should be a executors, administrators or successors of the default or a succession of defaults under the Owner. � , L Utility Service Co., Inc. `c�"' � . 7 h , � (PrincipaQ (Witness) Hal Black, General Manag -r (Title) Travelers Casualty and Surety Company of America ) (Surety) (Seal) (2, Brenda E. Gray (Witness) Anne B. Theodore, Attorney -In -Fact (Title) The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 2 LABOR AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA MATERIAL Hartford, Connecticut 06183 PAYMENT BOND Bond No.: 105412349 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Utility Service Co., Inc, 535 Courtney Hodges Blvd., Post Office Box 1350, Perry, GA 31069, (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Travelers Casualty and Surety Company of America, Travelers Bond & Financial Products, Construction Servcies, One Tower Square, Hartford, CT 06183, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Clermont, 685 W. Montrose Street, Clermont, FL 34711 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Eighty Seven Thousand Dollars ($187,000.00) (Here insert a sum equal to at least one -half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 20 , entered into a contract with Owner for (here insert full name, address and description of project) RFB no 10 -002, Elevated Water Storage Tank Coating and Repairs in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. • The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 3 ' . . LABOR AND MATERIAL PAYMENT BOND 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 used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: performed. Such notice shall be served by mailing the 1. A claimant is defined as one having a direct same by registered mail or certified mail, postage contract with the Principal or with a Subcontractor of prepaid, in an envelope addressed to the Principal, the Principal for labor, material, or both, used or Owner or Surety, at any place where an office is reasonably required for use in the performance of the regularly maintained for the transaction of business, or Contract, labor and material being construed to include served in any manner in which legal process may be that part of water, gas, power, light, heat, oil, gasoline, served in the state in which the aforesaid project is telephone service or rental of equipment directly located, save that such service need not be made by a applicable to the Contract. public officer. 2. The above named Principal and Surety b) After the expiration of one (1) year following hereby jointly and severally agree with the Owner that the date on which Principal ceased Work on said every claimant as herein defined, who has not been Contract, it being understood, however, that if any paid in full before the expiration of a period of ninety limitation embodied in this bond is prohibited by any (90) days after the date on which the last of such law controlling the construction hereof such limitation claimant's work or labor was done or performed, or shall be deemed to be amended so as to be equal to materials were furnished by such claimant, may sue the minimum period of limitation permitted by such on this bond for the use of such claimant, prosecute law. the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. c) Other than in a state court of competent The Owner shall not be liable for the payment of any jurisdiction in and for the county or other political costs or expenses of any such suit. subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District 3. No suit or action shall be commenced Court for the district in which the Project, or any part hereunder by any claimant: thereof, is situated, and not elsewhere. a) Unless claimant, other than one having a 4 The amount of this bond shall be reduced by direct contract with the Principal, shall have given and to the extent of any payment or payments made in written notice to any two of the following: the Principal, good faith hereunder, inclusive of the payment by the Owner, or the Surety above named, within ninety Surety of mechanics' liens which may be filed of record (90) days after such claimant did or performed the last against said improvement, whether or not claim for the of the work or labor, or furnished the last of the amount of such lien be presented under and against materials for which said claim is made, stating with this bond. substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or Signed and sealed this day of , 20 . Utility Service Co., Inc. , ./ i- J t C (Principal) (Witness) ix Hal Black, General Mana r (Title) - 7:70 1 C 1 - 41 - geL i • ,/ity Travelers Casualty and Surety Company of America (Surety) (Seal) Brenda E. Gray (Witness) Anne B. Theodore, Attorney -In -Fact (Title) The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 4 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERe 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. 221237 Certificate No. 0 0 3 5 9 4 3 1 4 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 Larry B. Roland, Timothy B. Templeton, Gray McCaskill, Anne B. Theodore, Glyda E. Meredith, Patsy B. Lewis, Kelly Whitener, and Chavonne C. Hill of the City of Greensboro , State of North Carolina , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 18th day of May 2009 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 . ,,41.,, F 6� � INS + +" lNb�"w v lY AN _ �1j5 pASU4 b �. . . (/ 9 J p , .A 4-'1''. SG ��p EY Q r p- d iI ` �L AO A „40111 P f�ORPO RA)'i 4", n 1 . 9 � , y y 'O F # ' g to ORQED m r _ e m 1 x �o -- • c� i Q J HiRT FOFlG � I [ $ f ; - HARTFORD, 1896 cow. e 1982 0 1977 �? E , i ' o i NN. c vim" %1464s7 1 —, s∎. �F 1951 O t o . � , SEA L,os SSAL - CO NN. ;y 9 ' q J y :........• a te ! a•4.. .:,.. d as t 6 �a1 � Fr ‘8, � , % N�m hS.AN+" 44 . •...... r 1 ,„ r*/ State of Connecticut By: Areer City of Hartford ss. Georg=J Thompson, 'enior ice President On this the 18th day of May 2009 before me personally appeared George W. Thompson, 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. -rt In Witness Whereof, I hereunto set my hand and official seal. "TAR �W �' C. ' My Commission expires the 30th day of June, 2011. * P UMA A* Marie C. Tetreault, Notary Public Cl* 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �--, CSR: AT ACC /\ UQ' DATE (MM /DD/YYYY) EVIDENCE OF PROPERTY INSURANCE 05/12/2010 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY PHONE (A/C, No, Ext): 336 - 272 -7161 COMPANY Senn Dunn - GSO Phoenix Insurance Company 3625 N. Elm St. C/O Travelers Ins Companies P 0 Box 9375 P.O. Box 105801 Greensboro, NC 27429 -0375 Atlanta, GA 30348 tarry B Roland, CPCU, ARPJLC:IC x 3 36- 346 -1397 (A/C, No). ADDRESS: CODE: OF6344 SUB CODE: AGENCY UTIL -01 CUSTOMER ID #: INSURED Utility Service Co., Inc. LOAN NUMBER POLICY NUMBER P. O. Box 1350 QT660274D2581PHX10 Perry, GA 31069 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 01/01/10 01/01/11 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION /DESCRIPTION RFB NO. 10 -002: elevated water storage tank coating and repairs 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Installation Floater 187,000 25,00C REMARKS (Including Special Conditions) *10 days notice of cancellation due to non - payment of premium. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN # City of Clermont 685 W. Montrose Street AUTHORIZED REPRESENTATIVE Clermont, FL 34711 ACORD 27 (2006/07) © ACORD CORPORATION 1993 -2006. All rights reserved. The ACORD name and logo are registered marks of ACORD am` ACORD CERTIFICATE O F LIABILITY INSURANCE MIDD/YYYY) 04 /23 / 04/23/2010 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION "MARSH USA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 44 WHIPPANY ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 1966 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MORRISTOWN, NJ 07962 Attn: Morristown .certrequest @Marsh.com /Fax: 212- 948 -0979 100055 - USG- GAW -10 -11 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Prop. Casualty Co. Of America 25674 UTILITY SERVICE CO., INC. —_ P.O. BOX 1350 INSURER B: N/A N/A PERRY, GA 31069 INSURER C: Travelers Indemnity Co 25658 INSURER D: L INSURER E: COVERAGES 2 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR A00'L TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC DATE(MM/DD/YYYY) DATE(MMIDDIYYYY) A GENERAL LIABILITY TC2J- GLSA- 650G2458 -10 03/01/2010 03/01/2011 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 2,000,000 _ PREMISES(Ea occurrence) $ CLAIMS MADE [ X 1 OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & AOV INJURY $ 2,000,000 GENERAL AGGREGATE $ 3,000,000 GENERAL AGGREGATEE APPLIES PER PRODUCTS - COMP /OP AGG $ 3,000,000 30 POLICY n JECT n LOC AUTOMOBILE LIABILITY TC2J- CAP- 752G2989- TIL -10 03/01/2010 03/01/2011 A COMBINED SINGLE LIMIT $ 2,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS _ BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ ! GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: $ • AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ - i DEDUCTIBLE -- - -- - -_ - -- $ _ - - -- -I $ RETENTION $ A WORKERS COMPENSATION AND TC2J- UB- 116D8243 -TIL - 10 (AOS) 03/01/2010 03/01/2011 X WC STATU- OTH- EMPLOYERS' LIABILITY TORY I WITS FR C TRJ- UB- 116D8255 IND 10 (WI) 03/01/2010 03/01/2011 ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N 5.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? N L. DISEASE - EA EMPLOYEE $ 2,000,000 (Mandatory in NH) If yes, describe under - SPECIAL PROVISIONS below �.L. DISEASE - POLICY LIMIT $ 2,000,000 OTHER ( i DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: RFB NO. 10 -002: ELEVATED WATER STORAGE TANK COATING AND REPAIRS. CITY OF CLERMONT IS INCLUDED AS ADDITIONAL INSURED (EXCEPT WORKERS COMPENSATION) WHERE REQUIRED BY WRITTEN CONTRACT. ; CERTIFICATE HOLDER NYC - 004166394 -01 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE l CITY OF CLERMONT EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 685 W. MONTROSE STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CLERMONT. FL 34711 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A f Mars EU S Inc NTATIVE '170141 of Marsh U Inc Mary Radaszewski ACORD 25 (2009/01) © 1998 -2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2009101)