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HomeMy WebLinkAbout2012-063A 0 10 / / ;1, ao � a o 43A . SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or " Contract") , dated the t ''1 day of -- Lin the year 2q_�y and between Indian River County Solid Waste Disposal District , a dependent special district of Indian River County , which is a political subdivision in the State of Florida ( hereinafter called OWNER) and Comanco Environmental Corporation ( hereinafter called CONTRACTOR) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material , and equipment to perform the work as specified or indicated in the Contract Documents . The work is generally described as follows : Construction of Phase 2 of the Cell 1 — Segment 3 Expansion of the Class I Landfill . General requirements of the work to be performed at the Indian River County Landfill , Phase 2 of Cell 1 construction shall include the items listed below. 1 . Clearing , grubbing , and/or stripping the construction area as directed by the Engineer or the Owner; 2 . Stripping of topsoil from the Segment 2 side slopes and stockpiling in an area designated by the Engineer or Owner; 3 . Use of appropriate dust control measures during earthwork operations ; 4 . Excavation (removal) of cover protective layer soils above the final cover geosynthetics on the Segment 2 side slopes and stockpiling in a designated area for use as liner construction material ( general fill ) ; 5 . Construction of a diversion berm on the east slope of Segment 2 as shown on the Construction Drawings ; 6 . Removal of existing stormwater pipes from the final cover on the east slopes of Segment 2 ; 7 . Removal and relocation of box culvert at the northeast corner of Segment 2 and installation to connect the perimeter ditch north of Segment 2 to the new perimeter ditch north of Cell 1 — Segment 3 Expansion as shown on the Construction Drawings or as directed by the Engineer; 8 . Removal and demolition of existing Manholes 1 through 4 ( MH - 1 to MH -4 ) and disposal as directed by the Owner; 9 . Construction of the leachate conveyance system east of Segment 2 , including connection of the Segment 2 leachate collection piping system , and connection to Manhole 9 (MH-9) ; 00530-1 0 10 / / ;1, ao � a o 43A . SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or " Contract") , dated the t ''1 day of -- Lin the year 2q_�y and between Indian River County Solid Waste Disposal District , a dependent special district of Indian River County , which is a political subdivision in the State of Florida ( hereinafter called OWNER) and Comanco Environmental Corporation ( hereinafter called CONTRACTOR) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material , and equipment to perform the work as specified or indicated in the Contract Documents . The work is generally described as follows : Construction of Phase 2 of the Cell 1 — Segment 3 Expansion of the Class I Landfill . General requirements of the work to be performed at the Indian River County Landfill , Phase 2 of Cell 1 construction shall include the items listed below. 1 . Clearing , grubbing , and/or stripping the construction area as directed by the Engineer or the Owner; 2 . Stripping of topsoil from the Segment 2 side slopes and stockpiling in an area designated by the Engineer or Owner; 3 . Use of appropriate dust control measures during earthwork operations ; 4 . Excavation (removal) of cover protective layer soils above the final cover geosynthetics on the Segment 2 side slopes and stockpiling in a designated area for use as liner construction material ( general fill ) ; 5 . Construction of a diversion berm on the east slope of Segment 2 as shown on the Construction Drawings ; 6 . Removal of existing stormwater pipes from the final cover on the east slopes of Segment 2 ; 7 . Removal and relocation of box culvert at the northeast corner of Segment 2 and installation to connect the perimeter ditch north of Segment 2 to the new perimeter ditch north of Cell 1 — Segment 3 Expansion as shown on the Construction Drawings or as directed by the Engineer; 8 . Removal and demolition of existing Manholes 1 through 4 ( MH - 1 to MH -4 ) and disposal as directed by the Owner; 9 . Construction of the leachate conveyance system east of Segment 2 , including connection of the Segment 2 leachate collection piping system , and connection to Manhole 9 (MH-9) ; 00530-1 10 . Furnish material for general/structural fill that meets the Technical Specifications , placement and compaction to the subgrade grades shown on the Construction Drawings ; 11 . Removal of the final cover geocomposite drainage layer to expose the final cover geomembrane on Segment 2 east slopes ; 12 . Cleaning of the Segment 2 final cover geomembrane or liner system geomembrane for tie- in (extrusion welding or double-track fusion welding as appropriate) to the Cell 1 — Segment 3 Expansion geomembrane liners ; 13 . Proofrolling of compacted fill or prepared subgrade surface prior to placement of the liner subbase ; 14 . Construction of Cell 1 — Segment 3 Expansion double liner system , including anchor trench and temporary intercell berm/rain flap ; 15 . Construction of leachate detection , leachate collection , and leachate transfer systems for Cell 1 — Segment 3 Expansion ; 16 . Construction of erosion and sediment control structures ( including silt check dams , straw bale barriers in perimeter ditches , and silt fence) as necessary to facilitate construction and minimize erosion during storm events ; and 17 . Clearing , grubbing , excavation , backfilling , compaction , grading , and proofrolling necessary to facilitate construction of previously mentioned components of Phase 2 of Cell 1 — Segment 3 Expansion project . ARTICLE 2 ENGINEER The project has been designed by Geosyntec Consultants , Inc. , hereinafter called ENGINEER , and who is to act as OWNER' S representative , assume all duties and responsibilities and 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 CONTRACTOR shall be substantially completed with the following timeframe ( a) Within 30 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work . 5 . Submit and secure approval of shop drawings . 61 Mobilize all labor, equipment , and materials . 7 . Deliver and store all equipment and materials to the job site . 8 . Notify all utilities and other affected parties prior to initiating construction . 00530-2 10 . Furnish material for general/structural fill that meets the Technical Specifications , placement and compaction to the subgrade grades shown on the Construction Drawings ; 11 . Removal of the final cover geocomposite drainage layer to expose the final cover geomembrane on Segment 2 east slopes ; 12 . Cleaning of the Segment 2 final cover geomembrane or liner system geomembrane for tie- in (extrusion welding or double-track fusion welding as appropriate) to the Cell 1 — Segment 3 Expansion geomembrane liners ; 13 . Proofrolling of compacted fill or prepared subgrade surface prior to placement of the liner subbase ; 14 . Construction of Cell 1 — Segment 3 Expansion double liner system , including anchor trench and temporary intercell berm/rain flap ; 15 . Construction of leachate detection , leachate collection , and leachate transfer systems for Cell 1 — Segment 3 Expansion ; 16 . Construction of erosion and sediment control structures ( including silt check dams , straw bale barriers in perimeter ditches , and silt fence) as necessary to facilitate construction and minimize erosion during storm events ; and 17 . Clearing , grubbing , excavation , backfilling , compaction , grading , and proofrolling necessary to facilitate construction of previously mentioned components of Phase 2 of Cell 1 — Segment 3 Expansion project . ARTICLE 2 ENGINEER The project has been designed by Geosyntec Consultants , Inc. , hereinafter called ENGINEER , and who is to act as OWNER' S representative , assume all duties and responsibilities and 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 CONTRACTOR shall be substantially completed with the following timeframe ( a) Within 30 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work . 5 . Submit and secure approval of shop drawings . 61 Mobilize all labor, equipment , and materials . 7 . Deliver and store all equipment and materials to the job site . 8 . Notify all utilities and other affected parties prior to initiating construction . 00530-2 ( b) From 30 calendar days to 180 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Substantially complete the Work described in these Contract Documents . 2 . Correct all deficiencies noted by Engineer . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b) constitutes Substantial Completion . (c) From 180 calendar days to 210 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract closeout procedures . 3 . 2 Completion of all tasks outlined above (i . e . , Subparagraphs a , b , and c) constitute Final Completion . 3 . 3 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 completed within the times specified in Paragraphs 3 . 1 and 3 . 2 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 proceeding the actual loss suffered by OWNER if the work is not completed 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 four-hundred and fifty dollars ($450 . 00) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion , if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER four-hundred and fifty dollars ( $450 . 00) for each day that expires after the time specified in Paragraph 3 . 2 for completion and readiness for final payment . 3 . 3 . 1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above-stated liquidated damages due to the Owner from payments due to the Contractor, or, in the alternative , all or any portion of the above-stated liquidated damages may be collected from the Contractor or its Surety or Sureties . These provisions for liquidated damages shall not prevent the OWNER , in case of the CONTRACTOR ' s default , from terminating the Contractor's right to proceed as provided in this AGREEMENT . 3 . 3 . 2 In addition to the above-stated liquidated damages , the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement , or beyond an approved extension of time granted to CONTRACTOR , whichever date is later. ARTICLE 4 CONTRACT PRICE 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 3 , 247 , 500 . 00 . 00530-3 ( b) From 30 calendar days to 180 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Substantially complete the Work described in these Contract Documents . 2 . Correct all deficiencies noted by Engineer . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b) constitutes Substantial Completion . (c) From 180 calendar days to 210 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract closeout procedures . 3 . 2 Completion of all tasks outlined above (i . e . , Subparagraphs a , b , and c) constitute Final Completion . 3 . 3 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 completed within the times specified in Paragraphs 3 . 1 and 3 . 2 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 proceeding the actual loss suffered by OWNER if the work is not completed 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 four-hundred and fifty dollars ($450 . 00) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion , if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER four-hundred and fifty dollars ( $450 . 00) for each day that expires after the time specified in Paragraph 3 . 2 for completion and readiness for final payment . 3 . 3 . 1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above-stated liquidated damages due to the Owner from payments due to the Contractor, or, in the alternative , all or any portion of the above-stated liquidated damages may be collected from the Contractor or its Surety or Sureties . These provisions for liquidated damages shall not prevent the OWNER , in case of the CONTRACTOR ' s default , from terminating the Contractor's right to proceed as provided in this AGREEMENT . 3 . 3 . 2 In addition to the above-stated liquidated damages , the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement , or beyond an approved extension of time granted to CONTRACTOR , whichever date is later. ARTICLE 4 CONTRACT PRICE 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 3 , 247 , 500 . 00 . 00530-3 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 and the Contract Documents , 5 . 1 Progress Payments . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 %) of the payment amounts due to the CONTRACTOR until fifty percent (50 % ) completion of the work. After fifty percent ( 50 %) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent (5 %) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 (8) (b) , fifty percent (50 % ) completion means the point at which the County as OWNER has expended fifty percent (50% ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents . 5 . 2 Pay Requests . Each request for a progress payment shall be submitted on the application for payment form_ supplied by OWNER and the application for payment shall contain the CONTRACTOR' s certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent (50% ) completion , and pursuant to Florida Statutes section 218 . 735 (8) (d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 (2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 (8) (c)(2005) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5% ) after fifty percent (50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 5 . 3 Paragraphs 5 . 1 and 5 . 2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 5 . 4 ACCEPTANCE AND FINAL PAYMENT : Upon receipt of written notice that the work is ready for final inspection and acceptance , the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed , and acceptance by the OWNER under the terms and the conditions thereof is 00530-4 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 and the Contract Documents , 5 . 1 Progress Payments . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 %) of the payment amounts due to the CONTRACTOR until fifty percent (50 % ) completion of the work. After fifty percent ( 50 %) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent (5 %) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 (8) (b) , fifty percent (50 % ) completion means the point at which the County as OWNER has expended fifty percent (50% ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents . 5 . 2 Pay Requests . Each request for a progress payment shall be submitted on the application for payment form_ supplied by OWNER and the application for payment shall contain the CONTRACTOR' s certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent (50% ) completion , and pursuant to Florida Statutes section 218 . 735 (8) (d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 (2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 (8) (c)(2005) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5% ) after fifty percent (50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 5 . 3 Paragraphs 5 . 1 and 5 . 2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 5 . 4 ACCEPTANCE AND FINAL PAYMENT : Upon receipt of written notice that the work is ready for final inspection and acceptance , the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed , and acceptance by the OWNER under the terms and the conditions thereof is 00530-4 recommended and the entire balance found to be due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . 5 . 5 Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds , ARTICLE 6 INTEREST Not Applicable . ARTICLE 7 CONTRACTOR' S REPRESENTATIONS In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following representations : 7 . 1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents , work , site , locality , and all local conditions and laws and regulations that in any manner may affect cost , progress , performance or furnishing of the work. 7. 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4 . 02 of the General Conditions , and accepts the determination set forth in Paragraph SC 4 . 02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely . 7 . 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports and studies (in addition to or to supplement those referred to in Paragraph 7 . 2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost , progress , performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 02 of the General Conditions : and no additional examinations , investigations , explorations , tests , reports , studies or similar information or data are or will be required by CONTRACTOR for such purposes . 7 . 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 04 of the General Conditions . 00530-5 recommended and the entire balance found to be due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . 5 . 5 Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds , ARTICLE 6 INTEREST Not Applicable . ARTICLE 7 CONTRACTOR' S REPRESENTATIONS In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following representations : 7 . 1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents , work , site , locality , and all local conditions and laws and regulations that in any manner may affect cost , progress , performance or furnishing of the work. 7. 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4 . 02 of the General Conditions , and accepts the determination set forth in Paragraph SC 4 . 02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely . 7 . 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports and studies (in addition to or to supplement those referred to in Paragraph 7 . 2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost , progress , performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 02 of the General Conditions : and no additional examinations , investigations , explorations , tests , reports , studies or similar information or data are or will be required by CONTRACTOR for such purposes . 7 . 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 04 of the General Conditions . 00530-5 7. 5 CONTRACTOR has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents , T6 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 . ARTICLE 8 CONTRACT DOCUMENTS , The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following : 8 . 1 This Agreement (Section 00530 ) . 8 . 2 Performance and Payment Bonds (Sections 00610 and 00800) . 8 . 3 Notice of Award and Notice to Proceed (see Article 2 . 03 of Section 00700) . 8A General Conditions (Section 00700) . 8 . 5 Supplementary Conditions (Section 00800) . 8 . 6 Specifications bearing the title " Phase 2 — Cell 1 Construction Class I Landfill — Segment 3 Expansion " as listed in the table of contents hereof. $ . 7 Drawings , inclusive with each sheet bearing the following general title " Phase 2 Cell 1 ' Construction Drawinas " 8 . 8 Addenda numbers to , inclusive . 8 . 9 CONTRACTOR'S Bid (Section 00300) . 8 . 10 The following , which may be delivered or issued after the effective date of the Agreement and are not attached hereto : All written amendments and other documents amending , modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 . 04 of the General Conditions . There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 04 of the General Conditions . ARTICLE 9 MISCELLANEOUS 9 . 1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions , 9 . 2 It is agreed that the CONTRACTOR shall not assign , transfer, convey , or otherwise dispose of the contract or its right , title , or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others , without previous consent of the OWNER and concurred to by the sureties . Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto . 9 . 3 OWNER and CONTRACTOR each binds itself, its partners , successors , assigns and legal representatives to the other party hereto , its partners , successors , assigns and legal representatives in respect of all covenants , agreements and obligations contained in the Contract Documents . 9 . 4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 00530-8 7. 5 CONTRACTOR has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents , T6 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 . ARTICLE 8 CONTRACT DOCUMENTS , The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following : 8 . 1 This Agreement (Section 00530 ) . 8 . 2 Performance and Payment Bonds (Sections 00610 and 00800) . 8 . 3 Notice of Award and Notice to Proceed (see Article 2 . 03 of Section 00700) . 8A General Conditions (Section 00700) . 8 . 5 Supplementary Conditions (Section 00800) . 8 . 6 Specifications bearing the title " Phase 2 — Cell 1 Construction Class I Landfill — Segment 3 Expansion " as listed in the table of contents hereof. $ . 7 Drawings , inclusive with each sheet bearing the following general title " Phase 2 Cell 1 ' Construction Drawinas " 8 . 8 Addenda numbers to , inclusive . 8 . 9 CONTRACTOR'S Bid (Section 00300) . 8 . 10 The following , which may be delivered or issued after the effective date of the Agreement and are not attached hereto : All written amendments and other documents amending , modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 . 04 of the General Conditions . There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 04 of the General Conditions . ARTICLE 9 MISCELLANEOUS 9 . 1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions , 9 . 2 It is agreed that the CONTRACTOR shall not assign , transfer, convey , or otherwise dispose of the contract or its right , title , or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others , without previous consent of the OWNER and concurred to by the sureties . Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto . 9 . 3 OWNER and CONTRACTOR each binds itself, its partners , successors , assigns and legal representatives to the other party hereto , its partners , successors , assigns and legal representatives in respect of all covenants , agreements and obligations contained in the Contract Documents . 9 . 4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 00530-8 9 . 5 This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County , Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 9. 6 CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , engineers , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney's fees , to the extent caused by the negligence , intentional wrongdoing , breach of applicable law or breach of this agreement of the CONTRACTOR and persons employed or utilized by the CONTRACTOR (including without limitation SUBCONTRACTOR) in the performance of the work under this Agreement . This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 9 . 7 Pledge of Credit . The CONTRACTOR shall not pledge the OWNER' S credit or make it a guarantor of payment or surety for any Agreement, debt , obligation , judgment, lien or any form of indebtedness . The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement . 9. 8 . Counterparts . This Agreement may be executed in one or more counterparts , but all such counterparts , when duly executed , shall constitute one and the same Agreement. 9 . 9 . Public Records , The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119 , Florida Statutes (Public Records Law) in connection with this Agreement . IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . OWNER ' "cOMMISs ' •• /o�y '•• Indian River County o ; ' F•p••. Solid Waste Disposal District By : ICL444 t Gary C . Wheeler, Chairman `' o9y Date Approved , . +�`'9�R COt1t�:••••� Attest : J . K. Barton , Clerk of the Circuit Court By :_ Deputy Clerk A 1roved By : J seph A Baird , County Administrator (// 00530= 7 9 . 5 This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County , Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 9. 6 CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , engineers , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney's fees , to the extent caused by the negligence , intentional wrongdoing , breach of applicable law or breach of this agreement of the CONTRACTOR and persons employed or utilized by the CONTRACTOR (including without limitation SUBCONTRACTOR) in the performance of the work under this Agreement . This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. 9 . 7 Pledge of Credit . The CONTRACTOR shall not pledge the OWNER' S credit or make it a guarantor of payment or surety for any Agreement, debt , obligation , judgment, lien or any form of indebtedness . The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement . 9. 8 . Counterparts . This Agreement may be executed in one or more counterparts , but all such counterparts , when duly executed , shall constitute one and the same Agreement. 9 . 9 . Public Records , The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119 , Florida Statutes (Public Records Law) in connection with this Agreement . IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . OWNER ' "cOMMISs ' •• /o�y '•• Indian River County o ; ' F•p••. Solid Waste Disposal District By : ICL444 t Gary C . Wheeler, Chairman `' o9y Date Approved , . +�`'9�R COt1t�:••••� Attest : J . K. Barton , Clerk of the Circuit Court By :_ Deputy Clerk A 1roved By : J seph A Baird , County Administrator (// 00530= 7 Approved as to Form and Legal Sufficiency: Alan S , PolackwKh , Attorney Address forgiving notices 1801 27'' Street Vero Beach Florida 32960 CONTRACTOR Comanco Environmental Corporation Tracy R . Johnson Name : CEO / Secretary Title : Signatu (CORPORATE SEAL) Attest rolyn M . Ponson (4f/ Address for giving notices 4301 Sterling Commerce Drive Plant City , FL 33566 License No . CGC046467 & CUC1224224 'ENO OF SECTION" 00530 .8 Approved as to Form and Legal Sufficiency: Alan S , PolackwKh , Attorney Address forgiving notices 1801 27'' Street Vero Beach Florida 32960 CONTRACTOR Comanco Environmental Corporation Tracy R . Johnson Name : CEO / Secretary Title : Signatu (CORPORATE SEAL) Attest rolyn M . Ponson (4f/ Address for giving notices 4301 Sterling Commerce Drive Plant City , FL 33566 License No . CGC046467 & CUC1224224 'ENO OF SECTION" 00530 .8 RECEIVED Public Work F . S . Chapter 255 . 05 ( 1 ) ( a ) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255 . 05 OR SECTION 713 . 23 FLORIDA STATUTES , AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05( 2) OR SECTION 713 . 23 FLORIDA STATUTES , BOND NO : ASUR 000109 - 12 CONTRACTOR NAME : COMANCO ENVIRONMENTAL CORPORATION CONTRACTOR ADDRESS : 4301 STERLING COMMERCE DR - PLANT CITY , FL 33566 CONTRACTOR PHONE NO : 813 - 988 - 8829 SURETY COMPANY NAME : AXIS INSURANCE COMPANY SURETY PRINCIPAL BUSINESS ADDRESS : 303 W MADISON ST , STE 500 - CHGO , IL 60606 SURETY PHONE NO : 800 - 346 - 1031 OWNER NAME : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS : 1800 27TH ST - VERO BEACH , FL 32960 OWNER PHONE NO : 772 - 226 - 1416 OBLIGEE NAME : (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO : 2 206 't 1 S THIS DOCUMENT HAS BEEN BOND AMOUNT : RECORDED IN THE PUBLIC RECORDS $ 31247 , 500m00 OF INDIAN RIVER COUNTY FL ESK : 201t; . , Pagel of 6 04/2312012 al 02 :44 PM - 00610 - 2 JEFFREY K BARTON, CLERK OF COURT RECEIVED Public Work F . S . Chapter 255 . 05 ( 1 ) ( a ) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255 . 05 OR SECTION 713 . 23 FLORIDA STATUTES , AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05( 2) OR SECTION 713 . 23 FLORIDA STATUTES , BOND NO : ASUR 000109 - 12 CONTRACTOR NAME : COMANCO ENVIRONMENTAL CORPORATION CONTRACTOR ADDRESS : 4301 STERLING COMMERCE DR - PLANT CITY , FL 33566 CONTRACTOR PHONE NO : 813 - 988 - 8829 SURETY COMPANY NAME : AXIS INSURANCE COMPANY SURETY PRINCIPAL BUSINESS ADDRESS : 303 W MADISON ST , STE 500 - CHGO , IL 60606 SURETY PHONE NO : 800 - 346 - 1031 OWNER NAME : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS : 1800 27TH ST - VERO BEACH , FL 32960 OWNER PHONE NO : 772 - 226 - 1416 OBLIGEE NAME : (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO : 2 206 't 1 S THIS DOCUMENT HAS BEEN BOND AMOUNT : RECORDED IN THE PUBLIC RECORDS $ 31247 , 500m00 OF INDIAN RIVER COUNTY FL ESK : 201t; . , Pagel of 6 04/2312012 al 02 :44 PM - 00610 - 2 JEFFREY K BARTON, CLERK OF COURT CONTRACT NO : (If applicable) DESCRIPTION OF WORK : PHASE 2 - CELL 1 CONSTRUCTION , CLASS I LANDFILL , SEGMENT 3 EXPANSION PROJECT LOCATION : INDIAN RIVER COUNTY LANDFILL IN VERO BEACH , FL LEGAL DESCRIPTION : (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s ) that may be printed thereon . 00610 - 3 CONTRACT NO : (If applicable) DESCRIPTION OF WORK : PHASE 2 - CELL 1 CONSTRUCTION , CLASS I LANDFILL , SEGMENT 3 EXPANSION PROJECT LOCATION : INDIAN RIVER COUNTY LANDFILL IN VERO BEACH , FL LEGAL DESCRIPTION : (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s ) that may be printed thereon . 00610 - 3 PUBLIC CONSTRUCTION BOND Bond N0 . ASUR 000109 - 12 ( enter bond number) BY THIS BOND , We COMANCO ENVIRONMENTAL CORPORATION as Principal and Axls INSURANCE COMPANY a corporation , as Surety , are bound to Indian River County herein called Owner , in the sum of $ 3 , 247 , 500 . 00 , for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated Ate : \ to , � between Principal and Owner for construction of Phase 2 — Cell 1 Construction Class I Landfill — Segment 3 Expansion the contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract ; and 2 . Promptly makes payments to all claimants , as defined in Section 255 . 05 1 ) , Florida Statutes , supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract ; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney's fees , including appellate proceedings , that Owner sustains because of a default by Principal under the contract; and 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void ; otherwise it remains in full force . 5 . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 2) , Florida Statutes , 6 . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety' s obligation under this bond . DATED ON APRIL 12 , 2012 COMANCO ENVIRONMENTAL CORPORATION ' Name of Princi al per By - As Alrorney in F AXIS INSURANCE COME= ( Name of Surety) 00610 4 PUBLIC CONSTRUCTION BOND Bond N0 . ASUR 000109 - 12 ( enter bond number) BY THIS BOND , We COMANCO ENVIRONMENTAL CORPORATION as Principal and Axls INSURANCE COMPANY a corporation , as Surety , are bound to Indian River County herein called Owner , in the sum of $ 3 , 247 , 500 . 00 , for payment of which we bind ourselves , our heirs , personal representatives , successors , and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal : 1 . Performs the contract dated Ate : \ to , � between Principal and Owner for construction of Phase 2 — Cell 1 Construction Class I Landfill — Segment 3 Expansion the contract being made a part of this bond by reference , at the times and in the manner prescribed in the contract ; and 2 . Promptly makes payments to all claimants , as defined in Section 255 . 05 1 ) , Florida Statutes , supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract ; and 3 . Pays Owner all losses , damages , expenses , costs , and attorney's fees , including appellate proceedings , that Owner sustains because of a default by Principal under the contract; and 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void ; otherwise it remains in full force . 5 . Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255 . 05 2) , Florida Statutes , 6 . Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety' s obligation under this bond . DATED ON APRIL 12 , 2012 COMANCO ENVIRONMENTAL CORPORATION ' Name of Princi al per By - As Alrorney in F AXIS INSURANCE COME= ( Name of Surety) 00610 4 Should you need to file any notices to Surety on for the attached AXIS Insurance Company bond(s) they may be forwarded to any of the parties listed below for prompt response . Agent for Surety : Michael Friedrich Bonding and Insurance Specialist Agency, Inc . 9340 South Harlem Ave . Bridgeview, IL 60455 In California dba `Bonds and Insurance Services" license # 0795489 Phone# 800-3464031 FAX # 708- 598 -6686 Email : Mikefna,bisa-inc . com Or Surety Company . Thomas C . Pryor Vice President AXIS Insurance Connell Corporate Park 300 Connell Drive Berkeley Heights, NJ 07922 Office : (908) 508 4330 Fax : (908) 508 4301 Email : thomas.Rryor.@axiscLiRital .com Should you need to file any notices to Surety on for the attached AXIS Insurance Company bond(s) they may be forwarded to any of the parties listed below for prompt response . Agent for Surety : Michael Friedrich Bonding and Insurance Specialist Agency, Inc . 9340 South Harlem Ave . Bridgeview, IL 60455 In California dba `Bonds and Insurance Services" license # 0795489 Phone# 800-3464031 FAX # 708- 598 -6686 Email : Mikefna,bisa-inc . com Or Surety Company . Thomas C . Pryor Vice President AXIS Insurance Connell Corporate Park 300 Connell Drive Berkeley Heights, NJ 07922 Office : (908) 508 4330 Fax : (908) 508 4301 Email : thomas.Rryor.@axiscLiRital .com POWER OF ATTORNEY ASUR 000109-12 Know All Men by These Presents: That AXIS Insurance Company, an Illinois property and casualty company, (the "Company") does hereby appoint: Willism A. Ballay, Dana M, Kober, Michael J. Friedrich, Maria A. Gonzalez, and Anne M. Barber of Bridgeview, II. as its true and lawful Attorneys}In-Fact, to make, execute, seal and deliver for and on its behalf as surety, bonds and undertakings, such documents to be valid as though executed by the Company on its own behalf. The Company may revoke this appointment at any time. 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 Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on April 29, 2011 : RESOLVED, That any authorized Officer acting singly shall have the power and authority to appoint attorneys-inAct, and authorize them to execute on behalf of the Company, bonds and undertakings, and other writings obligatory in the nature thereof, and attach the seal of the Company thereto. The Power of Attorney is signed, sealed and certified by facsimile under and by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on April 29, 2011 . In Witness Whereof, AXIS Insurance Company has caused this instrument to be signed and it corporate seal to be affixed by its officers, this day of y!I„ r c, , 2091 Attested and Certified AXIS Insurance Company , i 4 +. VIA, 08,�F to Is lV fl ' Ill By* Sol lossnwwsl Print Name ,, w► o , fisrH � `AM Owl ._ All r Title: �� U /� [Sear z .0 _ r ' � ; .. ol . V ` VV ' r yr oil POWER OF ATTORNEY ASUR 000109-12 Know All Men by These Presents: That AXIS Insurance Company, an Illinois property and casualty company, (the "Company") does hereby appoint: Willism A. Ballay, Dana M, Kober, Michael J. Friedrich, Maria A. Gonzalez, and Anne M. Barber of Bridgeview, II. as its true and lawful Attorneys}In-Fact, to make, execute, seal and deliver for and on its behalf as surety, bonds and undertakings, such documents to be valid as though executed by the Company on its own behalf. The Company may revoke this appointment at any time. 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 Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on April 29, 2011 : RESOLVED, That any authorized Officer acting singly shall have the power and authority to appoint attorneys-inAct, and authorize them to execute on behalf of the Company, bonds and undertakings, and other writings obligatory in the nature thereof, and attach the seal of the Company thereto. The Power of Attorney is signed, sealed and certified by facsimile under and by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on April 29, 2011 . In Witness Whereof, AXIS Insurance Company has caused this instrument to be signed and it corporate seal to be affixed by its officers, this day of y!I„ r c, , 2091 Attested and Certified AXIS Insurance Company , i 4 +. VIA, 08,�F to Is lV fl ' Ill By* Sol lossnwwsl Print Name ,, w► o , fisrH � `AM Owl ._ All r Title: �� U /� [Sear z .0 _ r ' � ; .. ol . V ` VV ' r yr oil STATE OF COUNTY OF ! Before me personally came 1' I m Lt b1 tle of AXIS Insurance Company to me known to be the individuals and officers described b wain, who acknowledged that they being duly authorized si delivered the foregogned, sealed with the corporate 1 and ing instrument by the authority and direction of said corporation, IN TESTIMONY WHEREOF, I have h rrm N y►/hand and Ixed my officiV seal , . v w sNotary Public do CERTIFICATION m/g ft I, Francon Mathis, of AXIS Insurance urance Cor �� hereby certify that the attached Power of Attorney dated tK jA I n behalf of the person(s) as listed above is a true and correct copy and the same his'hien in full force and effect se the data thereof and is is full force and effect on the date of this certificate; inc and I do further certify that the said Tr'" '�►� P �+ who executed the Power of Attorney, was a duly elected officer of AXIS Insurance Company on the date of the execution of the attached Power of Attorney, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of AXIS Insurance Company on this the 12th day of APRIL 2012 [tel] Print Name: Frances R Mathis Title* Assistant Secretin► STATE OF COUNTY OF ! Before me personally came 1' I m Lt b1 tle of AXIS Insurance Company to me known to be the individuals and officers described b wain, who acknowledged that they being duly authorized si delivered the foregogned, sealed with the corporate 1 and ing instrument by the authority and direction of said corporation, IN TESTIMONY WHEREOF, I have h rrm N y►/hand and Ixed my officiV seal , . v w sNotary Public do CERTIFICATION m/g ft I, Francon Mathis, of AXIS Insurance urance Cor �� hereby certify that the attached Power of Attorney dated tK jA I n behalf of the person(s) as listed above is a true and correct copy and the same his'hien in full force and effect se the data thereof and is is full force and effect on the date of this certificate; inc and I do further certify that the said Tr'" '�►� P �+ who executed the Power of Attorney, was a duly elected officer of AXIS Insurance Company on the date of the execution of the attached Power of Attorney, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of AXIS Insurance Company on this the 12th day of APRIL 2012 [tel] Print Name: Frances R Mathis Title* Assistant Secretin► COMGR - 1 OP ID : CLG1 A�oRo CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 04/12/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S) , AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies ) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . PRODUCER 727 _522 -7777CONTACT Wallace Welch & Willingham Inc NAME_ PHONE - - FAX -- - --- - - - St. Pet rsb g , 5th Floor 727 -521 -2902 ac Nq, Ez1 -__ _ -_ - - _ _ _ — St. Petersburg , FL 33701 E-MAIL -Michael _ ---__ _- Bell ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC # -- - -- -- ------- - -- -- INSURERA Amerisure Mutual Ins Co . 23396 INSURED The Comanco Group, Inc. ----- - INSURER -- -- - -- - --- - - - - -- Comanco Environmental Corp INSURER B Travelers Prop Cas Co of Amer. 25674 - - - - - -- Fusion Equipment Corp, INSURER C : Gypstack Prop Development, LLC - -- - - -- - - - Comanco Construction Corp INSURER D : 4301 Sterling Commerce Dr INSURER E : Plant City , FL 33566 - -- ------ ---- - _ _--- _. _ INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR -. — .__ -- --ADDL�l1BR - - - - -----_. _POLICY - LTR TYPE OF INSURANCE ! POLICY NUMBER MIDDMM DDY� LIMITS _ GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY -DAMAGE-TO DAMAGETO RENTED— — - -- --- — — PREMISES LEa occurrenceL_ '� $ - - ' ' CLAIMS- MADE ' '. OCCUR ' - fi--- --- - _ --- - - - - -- - - --- MED EXP (Any one person) $ GEN'L AGGREGATE LIMIT APPLIES PER . PERSONAL GADV INJURY $ -' - -- - --- - --- i _ -' -- . ..- - - - - - -- I GENERAL AGGREGATE $ _ r PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY - I COMBINED SINGLE LIMIT 19000, 000 00000 r Ea acadentZ_ $ A X ANY AUTO CA2077357 07/01 /11 07/01 /12 BODILY INJURY ( Per person) $ ALL OWNED - SCHEDULED AUTOS _X AUTOS BODILY INJURY (Per acaccident) $ j ' -- — --- X HIRED AUTOS X NON-OWNED PROPERTYDAMAGE - - - -}- AUTOS ter accide_ nP_- - _- -_-- $ PIP I$$ - - - 10100 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE ' AGGREGATE r DED RETENTION $WORKERS COMPENSATION X WC STATU OTH $ AO DCEMRPLO ERS' EABUITY YIN N / A --.TORY-LIMIT$_— ER A ANY PROPRIETOR/PARTNER/EXECUTIVE WC206294502 07/01 /11 07/01112 EACH ACCIDENT - $ 12000, 00 (Mandatory in If yes , describe ander - _E . L. DISEASE - EA EMPLOYEE $ 190 00 00 ntl _ _ - _ . . . ___— _ - _ DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1 , 000 , 00 B Leased & Rented QT6607173N493TIL11 07/01 /11 07/01 /12 L& R 500 ,00 B BR -Installation QT6607173N493TIL11 07/01 /11 07/01 /12 BR Inst, 21000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES 1Attach ACORD 101 , Additional Remarks Schedule, if more space is required ) Re : Indian River County Bid No . 2012025 , Phase 2-Cell 1 Construction Class I Landfill -Segment 3 Expansion , CERTIFICATE HOLDER CANCELLATION INDIAN8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS . 1800 27th St Vero Bch , FL 32960 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2010/05) The ACORD name and logo are registered marks of ACORD COMGR - 1 OP ID : CLG1 A�oRo CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 04/12/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S) , AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies ) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . PRODUCER 727 _522 -7777CONTACT Wallace Welch & Willingham Inc NAME_ PHONE - - FAX -- - --- - - - St. Pet rsb g , 5th Floor 727 -521 -2902 ac Nq, Ez1 -__ _ -_ - - _ _ _ — St. Petersburg , FL 33701 E-MAIL -Michael _ ---__ _- Bell ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC # -- - -- -- ------- - -- -- INSURERA Amerisure Mutual Ins Co . 23396 INSURED The Comanco Group, Inc. ----- - INSURER -- -- - -- - --- - - - - -- Comanco Environmental Corp INSURER B Travelers Prop Cas Co of Amer. 25674 - - - - - -- Fusion Equipment Corp, INSURER C : Gypstack Prop Development, LLC - -- - - -- - - - Comanco Construction Corp INSURER D : 4301 Sterling Commerce Dr INSURER E : Plant City , FL 33566 - -- ------ ---- - _ _--- _. _ INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR -. — .__ -- --ADDL�l1BR - - - - -----_. _POLICY - LTR TYPE OF INSURANCE ! POLICY NUMBER MIDDMM DDY� LIMITS _ GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY -DAMAGE-TO DAMAGETO RENTED— — - -- --- — — PREMISES LEa occurrenceL_ '� $ - - ' ' CLAIMS- MADE ' '. OCCUR ' - fi--- --- - _ --- - - - - -- - - --- MED EXP (Any one person) $ GEN'L AGGREGATE LIMIT APPLIES PER . PERSONAL GADV INJURY $ -' - -- - --- - --- i _ -' -- . ..- - - - - - -- I GENERAL AGGREGATE $ _ r PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY - I COMBINED SINGLE LIMIT 19000, 000 00000 r Ea acadentZ_ $ A X ANY AUTO CA2077357 07/01 /11 07/01 /12 BODILY INJURY ( Per person) $ ALL OWNED - SCHEDULED AUTOS _X AUTOS BODILY INJURY (Per acaccident) $ j ' -- — --- X HIRED AUTOS X NON-OWNED PROPERTYDAMAGE - - - -}- AUTOS ter accide_ nP_- - _- -_-- $ PIP I$$ - - - 10100 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE ' AGGREGATE r DED RETENTION $WORKERS COMPENSATION X WC STATU OTH $ AO DCEMRPLO ERS' EABUITY YIN N / A --.TORY-LIMIT$_— ER A ANY PROPRIETOR/PARTNER/EXECUTIVE WC206294502 07/01 /11 07/01112 EACH ACCIDENT - $ 12000, 00 (Mandatory in If yes , describe ander - _E . L. DISEASE - EA EMPLOYEE $ 190 00 00 ntl _ _ - _ . . . ___— _ - _ DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1 , 000 , 00 B Leased & Rented QT6607173N493TIL11 07/01 /11 07/01 /12 L& R 500 ,00 B BR -Installation QT6607173N493TIL11 07/01 /11 07/01 /12 BR Inst, 21000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES 1Attach ACORD 101 , Additional Remarks Schedule, if more space is required ) Re : Indian River County Bid No . 2012025 , Phase 2-Cell 1 Construction Class I Landfill -Segment 3 Expansion , CERTIFICATE HOLDER CANCELLATION INDIAN8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS . 1800 27th St Vero Bch , FL 32960 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2010/05) The ACORD name and logo are registered marks of ACORD A�o® CERTIFICATE OF LIABILITY INSURANCE REVISED DATE (MM7THIS 4/ 12/ 12 04/ 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDECERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESTHIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S ), AUT REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . =Roc ceR ' ACT ._ N° ME , KAREN O 'CONNELL - — - BONDING & INSURANCE SPECIALISTS AGENCY, INC . PHONE Ext) 708-598 5355 FNc_ hol 708 -598 -6686 9340 S . HARLEM AVENUE E - MAIL ADDRESS KOCONNELL BISA- INC . COM BRIDGEVIEW, IL 604 $$ INSURERS ) AFFORDING COVERAGEMAIC it IN CALIFORNIA, DBA BONDS AND INSURANCE SERVICES, LICENSE 907954119 1 —_ - _ . - - - - — - INSURER A AXIS SURPLUS INSURANCE COMPANY _ _ _ _2.6. 6_20 ' ''. SURED THE COMANCO GROUP ; COMANCO ENVIRONMENTAL CORP , INSURER B COMANCO CONSTRUCTION CORP ; FUSION EQUIPMENT INSURER C CORP ; GYPSTACK PROPERTY DEVELOPMENT LLC INSURER D 4301 STERLING COMMERCE DRIVE , INSURER E _ PLANT CITY , FL 33566 INSURER F COVERAGES CERTIFICATE NUMBER : 114162 REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -- -- ,ADDL SUER r LIR TYPE OF INSURANCE ( INSR ' WVD POLICY NUMBER _ (INMlDDKEFF MMlOD/YYYW LIMITS - — — - — -- - -- - -- X t - ------1 ----GENERAL LIABILITY i } - ... _. -- ----- -- 1 A -- 'I I X EACH OCCURRENCE $ 11000 , 000 X _ COMMERCIAL GENERAL LIABILITY ! �6A MAGA f0 -RENTED -- ❑ EBZ765277/01 /2012 1 /31 /2012 1 /31 /2013 PREMISES (Eaoccunonco) s 500 , 000 -- -- 50 , - CLAIMS-MADE X OCCUR MED EXP (Any one person) S 25 000 - -_ _--- --- - . . _ . . --- X INCL . CONTRACTORS PERSONAL & AOV INJURY $ 1 000000 — — — — POLLUTION LIABILITY GENERAL AGGREGATE $ 2 , 000 , 000 - --- - - GEN LAGGREGATE OMIT APPLIES PER PRODUCTS - COMP/OP AGG & S 2 0. 0__0 000 POLICY X PRO - — -- _ _ --- - /ECT LOC AUTOMOBILE LIABILITY ' (Ea accident) ccide ' - ---- ANY AUTO _ BODILY INJURY ( Per person) $ ALL OWNED SCHEDULED AUTOS AUUTOSTOS NNED �BODILY INJURY (Per accident) S _ . _ � HIRED AUTOS - -_ � FROPERTVMAGE� AUTOS --- (Per accident) S 1 S A X UMBRELLA LIAR X OCCUR X X EBZ765278/01 /2012 EACH OCCURRENCE 5 10 , 000 , 000 EXCESS LIAR CLAIMS-MADE ' INCLUDES AUTO CA-20773570102 1 /31 /2012 1 /31 /2013AGGREGATE S 10 , 000 , 000 . - _ - - - _ . _ EL 'NC 2062945-02 , AND OED RETENTIONS ' G!L EBZ765277/012012 $ - - WC STaTU. H - - rpT WORKERSCOMPENSATION - AND EMPLOYERS' LIABILITY YIN _____TQgV LLMITS__ . - ER_ _- - - ANi PROPRIETOR/PARTNER/EXECUTIVE -- CFFICERIMEMBER EXCLUDED N / A E L_ EACH ACCIDENT ( Mandatory in NH ) E L DISEASE - EA EMPLOYEE • S , f qes Cescn .7e ender _. . _ _ __ _ - . . DESCRIPT [ 0N OF CPERATtONS below E L DISEASE - POLICY LIMIT S A CONTRACTORSPROFESSIONAL $ 1 , 000 , 000 - PER CLAIM LIABILITY - CLAIMS MADE FORMEBZ765277/01 /2012 1 /31 /2012 1 /31 /2013 $2000 , 000 - AGGREGATE (At - - — - 0 - P q - - -- - - - . ._ ._ _ . - --- -- DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLESES (Attach ACORD 107 , Additional Remarks Schedule, IT more space Is re wired ) _ PROJECT 1325 74TH AVENUE SOUTHWEST , VERO EACH , FL 32968 INDIAN RIVER COUNTY (AS OWNER) IS NAMED AS ADDITIONAL INSUREDS . THE GENERAL LIABILITY POLICY IS ON A PRIMARY AND NON -CONTRIBUTORY BASIS . THE GENERAL LIABILITY AND UMBRELLA LIABILITY POLICIES INCLUDE A WAIVER OF SUBROGATION IN FAVOR OF INDIAN RIVER COUNTY (AS OWNER) . THIRTY ( 30) DAYS WRITTEN NOTICE OF CANCELLATION . CERTIFICATE HOLDER CANCELLATION INDIAN RIVER COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1800 27TH STREET ACCORDANCE WITH THE POLICY PROVISIONS. VERO BEACH , FL 32960 AUTHORIZED REPRESENTATIVE KAO .1 ^ /,�, / / 1 �l - © 1988-2010 ACORD CORPORATION - All rights reserved . ACORD 26 ( 2010105 ) The ACORD name and logo are registered marks of ACORD A�o® CERTIFICATE OF LIABILITY INSURANCE REVISED DATE (MM7THIS 4/ 12/ 12 04/ 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDECERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESTHIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S ), AUT REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . =Roc ceR ' ACT ._ N° ME , KAREN O 'CONNELL - — - BONDING & INSURANCE SPECIALISTS AGENCY, INC . PHONE Ext) 708-598 5355 FNc_ hol 708 -598 -6686 9340 S . HARLEM AVENUE E - MAIL ADDRESS KOCONNELL BISA- INC . COM BRIDGEVIEW, IL 604 $$ INSURERS ) AFFORDING COVERAGEMAIC it IN CALIFORNIA, DBA BONDS AND INSURANCE SERVICES, LICENSE 907954119 1 —_ - _ . - - - - — - INSURER A AXIS SURPLUS INSURANCE COMPANY _ _ _ _2.6. 6_20 ' ''. SURED THE COMANCO GROUP ; COMANCO ENVIRONMENTAL CORP , INSURER B COMANCO CONSTRUCTION CORP ; FUSION EQUIPMENT INSURER C CORP ; GYPSTACK PROPERTY DEVELOPMENT LLC INSURER D 4301 STERLING COMMERCE DRIVE , INSURER E _ PLANT CITY , FL 33566 INSURER F COVERAGES CERTIFICATE NUMBER : 114162 REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -- -- ,ADDL SUER r LIR TYPE OF INSURANCE ( INSR ' WVD POLICY NUMBER _ (INMlDDKEFF MMlOD/YYYW LIMITS - — — - — -- - -- - -- X t - ------1 ----GENERAL LIABILITY i } - ... _. -- ----- -- 1 A -- 'I I X EACH OCCURRENCE $ 11000 , 000 X _ COMMERCIAL GENERAL LIABILITY ! �6A MAGA f0 -RENTED -- ❑ EBZ765277/01 /2012 1 /31 /2012 1 /31 /2013 PREMISES (Eaoccunonco) s 500 , 000 -- -- 50 , - CLAIMS-MADE X OCCUR MED EXP (Any one person) S 25 000 - -_ _--- --- - . . _ . . --- X INCL . CONTRACTORS PERSONAL & AOV INJURY $ 1 000000 — — — — POLLUTION LIABILITY GENERAL AGGREGATE $ 2 , 000 , 000 - --- - - GEN LAGGREGATE OMIT APPLIES PER PRODUCTS - COMP/OP AGG & S 2 0. 0__0 000 POLICY X PRO - — -- _ _ --- - /ECT LOC AUTOMOBILE LIABILITY ' (Ea accident) ccide ' - ---- ANY AUTO _ BODILY INJURY ( Per person) $ ALL OWNED SCHEDULED AUTOS AUUTOSTOS NNED �BODILY INJURY (Per accident) S _ . _ � HIRED AUTOS - -_ � FROPERTVMAGE� AUTOS --- (Per accident) S 1 S A X UMBRELLA LIAR X OCCUR X X EBZ765278/01 /2012 EACH OCCURRENCE 5 10 , 000 , 000 EXCESS LIAR CLAIMS-MADE ' INCLUDES AUTO CA-20773570102 1 /31 /2012 1 /31 /2013AGGREGATE S 10 , 000 , 000 . - _ - - - _ . _ EL 'NC 2062945-02 , AND OED RETENTIONS ' G!L EBZ765277/012012 $ - - WC STaTU. H - - rpT WORKERSCOMPENSATION - AND EMPLOYERS' LIABILITY YIN _____TQgV LLMITS__ . - ER_ _- - - ANi PROPRIETOR/PARTNER/EXECUTIVE -- CFFICERIMEMBER EXCLUDED N / A E L_ EACH ACCIDENT ( Mandatory in NH ) E L DISEASE - EA EMPLOYEE • S , f qes Cescn .7e ender _. . _ _ __ _ - . . DESCRIPT [ 0N OF CPERATtONS below E L DISEASE - POLICY LIMIT S A CONTRACTORSPROFESSIONAL $ 1 , 000 , 000 - PER CLAIM LIABILITY - CLAIMS MADE FORMEBZ765277/01 /2012 1 /31 /2012 1 /31 /2013 $2000 , 000 - AGGREGATE (At - - — - 0 - P q - - -- - - - . ._ ._ _ . - --- -- DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLESES (Attach ACORD 107 , Additional Remarks Schedule, IT more space Is re wired ) _ PROJECT 1325 74TH AVENUE SOUTHWEST , VERO EACH , FL 32968 INDIAN RIVER COUNTY (AS OWNER) IS NAMED AS ADDITIONAL INSUREDS . THE GENERAL LIABILITY POLICY IS ON A PRIMARY AND NON -CONTRIBUTORY BASIS . THE GENERAL LIABILITY AND UMBRELLA LIABILITY POLICIES INCLUDE A WAIVER OF SUBROGATION IN FAVOR OF INDIAN RIVER COUNTY (AS OWNER) . THIRTY ( 30) DAYS WRITTEN NOTICE OF CANCELLATION . CERTIFICATE HOLDER CANCELLATION INDIAN RIVER COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1800 27TH STREET ACCORDANCE WITH THE POLICY PROVISIONS. VERO BEACH , FL 32960 AUTHORIZED REPRESENTATIVE KAO .1 ^ /,�, / / 1 �l - © 1988-2010 ACORD CORPORATION - All rights reserved . ACORD 26 ( 2010105 ) The ACORD name and logo are registered marks of ACORD Endorsement No . 5 Effective Date : 1/31/2012 @12 :01 a . m . Standard Time at the address of the Named Insured Policy Number : EBZ765277/01/2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A if the Endorsement Effective Date is blank, then the effective dote of this Endorsement is the inception Dote of the Policy. ADDITIONAL INSURED INCLUDING COMPLETED OPERATIONS PRIMARY COVERAGE AS REQUIRED ( COVERAGES A. B & D) THIS ENDORSEMENT MODIFIES THE POLICY . PLEASE READ IT CAREFULLY . This endorsement modifies the Specialty Package Policy In consideration of the premium charged, it is agreed that SECTION III - WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A, B and D, but only to the extent of liability arising out of Your Work or Covered Operations performed by you or on your behalf for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured . This Endorsement does not apply to Bodily injury, Property Damage or Loss arising out of the sole negligence or willful conduct of, or for defects in design furnished by the Additional Insured . As respects the coverage afforded the Additional Insured, where required by written contract in effect prior to any associated Claim, this insurance is primary and non -contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent or on any other basis . This endorsement does not increase the Company' s Limits of Insurance as specified in the Declarations of this Policy. SCHEDULE Additional Insured : As required by written contract in effect prior to any related Claim All other terms and conditions of the Policy shall apply and remain unchanged . SPP o024 ( Ed . 12 10 ) Page 1 of I Endorsement No . 5 Effective Date : 1/31/2012 @12 :01 a . m . Standard Time at the address of the Named Insured Policy Number : EBZ765277/01/2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A if the Endorsement Effective Date is blank, then the effective dote of this Endorsement is the inception Dote of the Policy. ADDITIONAL INSURED INCLUDING COMPLETED OPERATIONS PRIMARY COVERAGE AS REQUIRED ( COVERAGES A. B & D) THIS ENDORSEMENT MODIFIES THE POLICY . PLEASE READ IT CAREFULLY . This endorsement modifies the Specialty Package Policy In consideration of the premium charged, it is agreed that SECTION III - WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A, B and D, but only to the extent of liability arising out of Your Work or Covered Operations performed by you or on your behalf for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured . This Endorsement does not apply to Bodily injury, Property Damage or Loss arising out of the sole negligence or willful conduct of, or for defects in design furnished by the Additional Insured . As respects the coverage afforded the Additional Insured, where required by written contract in effect prior to any associated Claim, this insurance is primary and non -contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent or on any other basis . This endorsement does not increase the Company' s Limits of Insurance as specified in the Declarations of this Policy. SCHEDULE Additional Insured : As required by written contract in effect prior to any related Claim All other terms and conditions of the Policy shall apply and remain unchanged . SPP o024 ( Ed . 12 10 ) Page 1 of I Endorsement No. 4 Effective Date : 1/31/2012 @12 : 01 a . m . Standard Time at the address of the Named Insured Policy Number : EBZ765277/01 /2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Polity. ADDITIONAL INSURED - INCLUDING COMPLETED OPERATIONS ENDORSEMENT ( COVERAGES A & B ) THIS ENDORSEMENT MODIFIES THE POLICY . PLEASE READ IT CAREFULLY , This endorsement modifies the Specialty Package Policy In consideration of the premium charged, it is agreed that Section III - WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A and B. but only to the extent of liability arising out of Your Work performed by you or on your behalf for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured . This Endorsement does not apply to Bodily Injury or Property Damage arising out of defects in design furnished by the Additional Insured . This endorsement does not increase the Company' s limits of liability as specified in the Declarations of this policy . Additional Insured : As required by written contract in effect prior to any related Claim All other terms and conditions of the Policy shall apply and remain unchanged . SPP 0020 ( Ed . 12 10) Page 1 of I Endorsement No. 4 Effective Date : 1/31/2012 @12 : 01 a . m . Standard Time at the address of the Named Insured Policy Number : EBZ765277/01 /2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Polity. ADDITIONAL INSURED - INCLUDING COMPLETED OPERATIONS ENDORSEMENT ( COVERAGES A & B ) THIS ENDORSEMENT MODIFIES THE POLICY . PLEASE READ IT CAREFULLY , This endorsement modifies the Specialty Package Policy In consideration of the premium charged, it is agreed that Section III - WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A and B. but only to the extent of liability arising out of Your Work performed by you or on your behalf for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured . This Endorsement does not apply to Bodily Injury or Property Damage arising out of defects in design furnished by the Additional Insured . This endorsement does not increase the Company' s limits of liability as specified in the Declarations of this policy . Additional Insured : As required by written contract in effect prior to any related Claim All other terms and conditions of the Policy shall apply and remain unchanged . SPP 0020 ( Ed . 12 10) Page 1 of I Endorsement No . 13 Effective Date : 1/3112012 @12 :01 a . m . Standard Time at the address of the Named Insured Policy Number : EBZ765277/01/2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A if the Endorsement Effective Date is blank, then the effective date of this Endorsement is the inception Date of the Policy. DESIGNATED PROJECT GENERAL AGGREGATE ENDORSEMENT ( PRIMARY = NON= CONTRIBUTORY BASIS ) THIS ENDORSEMENT MODIFIES THE POLICY , PLEASE READ IT CAREFULLY . This endorsement modifies the Specialty Package Policy , SCHEDULE Designated Project : As required by written contract in effect prior to any related Claim Designated Project General Aggregate Limit : $ 10,000, 000 A . Subject to paragraph E. below, for all sums which the insured becomes legally obligated to pay as damages because of Bodily Injury or Property Damage to which this insurance applies and which can be attributed only to ongoing operations at a single Designated Project shown in the Schedule above : 1 . A separate Designated Project General Aggregate Limit applies to each Designated Project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . This Designated Project General Aggregate Limit applies on a primary non -contributory basis where required by written contract in effect prior to any associated claim . 2 . The Designated Project General Aggregate Limit is the most we will pay for the sum of all such damages except damages because of Bodily Injury or Property Damage included in the Products- Completed Operations Hazard , regardless of the number of: a . Insureds ; b . Claims made or Suits brought ; or c. Persons or organizations making Claims or bringing Suits . 3 . Any payments made for such damages shall reduce the Designated Project General Aggregate Limit for that Designated Project . Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other Designated Project shown in the Schedule above . 4 . The limits shown in the Declarations for Each Occurrence and for Damage to Premises Rented to You continue to apply . However, instead of being subject to the General Aggregate Limit shown in the Declarations , such limits will be subject to the applicable Designated Project General Aggregate Limit . DE 0005 ( Ed . 11 10 ) Page 1 of 2 Endorsement No . 13 Effective Date : 1/3112012 @12 :01 a . m . Standard Time at the address of the Named Insured Policy Number : EBZ765277/01/2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A if the Endorsement Effective Date is blank, then the effective date of this Endorsement is the inception Date of the Policy. DESIGNATED PROJECT GENERAL AGGREGATE ENDORSEMENT ( PRIMARY = NON= CONTRIBUTORY BASIS ) THIS ENDORSEMENT MODIFIES THE POLICY , PLEASE READ IT CAREFULLY . This endorsement modifies the Specialty Package Policy , SCHEDULE Designated Project : As required by written contract in effect prior to any related Claim Designated Project General Aggregate Limit : $ 10,000, 000 A . Subject to paragraph E. below, for all sums which the insured becomes legally obligated to pay as damages because of Bodily Injury or Property Damage to which this insurance applies and which can be attributed only to ongoing operations at a single Designated Project shown in the Schedule above : 1 . A separate Designated Project General Aggregate Limit applies to each Designated Project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . This Designated Project General Aggregate Limit applies on a primary non -contributory basis where required by written contract in effect prior to any associated claim . 2 . The Designated Project General Aggregate Limit is the most we will pay for the sum of all such damages except damages because of Bodily Injury or Property Damage included in the Products- Completed Operations Hazard , regardless of the number of: a . Insureds ; b . Claims made or Suits brought ; or c. Persons or organizations making Claims or bringing Suits . 3 . Any payments made for such damages shall reduce the Designated Project General Aggregate Limit for that Designated Project . Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other Designated Project shown in the Schedule above . 4 . The limits shown in the Declarations for Each Occurrence and for Damage to Premises Rented to You continue to apply . However, instead of being subject to the General Aggregate Limit shown in the Declarations , such limits will be subject to the applicable Designated Project General Aggregate Limit . DE 0005 ( Ed . 11 10 ) Page 1 of 2 Be For all sums which the insured becomes legally obligated to pay as damages because of Bodily Injury or Property Damage to which this insurance applies and which cannot be attributed only to ongoing operations at a single Designated Project shown in the Schedule above : 1 . Any payments made for such damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2 . Such payments shall not reduce any Designated Project General Aggregate Limit . Co When coverage for liability arising out of the Products-Completed Operations Hazard is provided , any payments for damages because of Bodily Injury or Property Damage included in the Products-Completed Operations Hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Designated Project General Aggregate Limit . D . The provisions of SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE not otherwise modified by this endorsement shall continue to apply as stipulated . E . Regardless of the number of locations or Designated Projects and any other circumstance, the amount we will pay under this insurance policy shall be no more than the Designated Project General Aggregate Limit scheduled in this endorsement . In the event that no dollar amount is scheduled as the Designated Project General Aggregate in this endorsement, the Designated Project General Aggregate Limit is $ 10,000 , 000 . All other terms and conditions of this Polity remain unchanged . DE 0005 ( Ed . 11 10 ) Page 2 of 2 Be For all sums which the insured becomes legally obligated to pay as damages because of Bodily Injury or Property Damage to which this insurance applies and which cannot be attributed only to ongoing operations at a single Designated Project shown in the Schedule above : 1 . Any payments made for such damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2 . Such payments shall not reduce any Designated Project General Aggregate Limit . Co When coverage for liability arising out of the Products-Completed Operations Hazard is provided , any payments for damages because of Bodily Injury or Property Damage included in the Products-Completed Operations Hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Designated Project General Aggregate Limit . D . The provisions of SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE not otherwise modified by this endorsement shall continue to apply as stipulated . E . Regardless of the number of locations or Designated Projects and any other circumstance, the amount we will pay under this insurance policy shall be no more than the Designated Project General Aggregate Limit scheduled in this endorsement . In the event that no dollar amount is scheduled as the Designated Project General Aggregate in this endorsement, the Designated Project General Aggregate Limit is $ 10,000 , 000 . All other terms and conditions of this Polity remain unchanged . DE 0005 ( Ed . 11 10 ) Page 2 of 2 Endorsement No , 16 Effective Date : 1131/ 2012 @12 : 01 a . m . Standard Time at the address of the Named Insured Policy Number: EBZ765277/01/ 2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A If the Endorsement Effective Date is blank, then the effective date o/ this Endorsement is the inception Date of the Polity. WAIVER OF SUBROGATION - SPECIFIC PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the Specialty Package Policy In consideration of the premium charged , it is agreed that SECTION VI , CONDITIONS, paragraph 12 . Subrogation is amended to include the following : We agree to waive this right of subrogation against the person or organization shown in the Schedule below to the extent that you had, prior to an Occurrence or Claim, a written agreement to waive such rights . Schedule Name of Person or Organization : As required by written contract in effect prior to any related Claim All other terms and conditions of the Policy shall apply and remain unchanged . SPP 0067 ( Ed . 12 10 ) Page 1 of I Endorsement No , 16 Effective Date : 1131/ 2012 @12 : 01 a . m . Standard Time at the address of the Named Insured Policy Number: EBZ765277/01/ 2012 Insured Name : The Comanco Group Issuing Company : AXIS Surplus Insurance Company Additional ( Return ) Premium : N/A If the Endorsement Effective Date is blank, then the effective date o/ this Endorsement is the inception Date of the Polity. WAIVER OF SUBROGATION - SPECIFIC PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the Specialty Package Policy In consideration of the premium charged , it is agreed that SECTION VI , CONDITIONS, paragraph 12 . Subrogation is amended to include the following : We agree to waive this right of subrogation against the person or organization shown in the Schedule below to the extent that you had, prior to an Occurrence or Claim, a written agreement to waive such rights . Schedule Name of Person or Organization : As required by written contract in effect prior to any related Claim All other terms and conditions of the Policy shall apply and remain unchanged . SPP 0067 ( Ed . 12 10 ) Page 1 of I