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HomeMy WebLinkAbout2010-091 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 day ofO i' l in the year 20LQ by and between Indian River County, a political subdivision of the State of Florida ( hereinafter called OWNER ) and R . K . Contractors , Inc . . ( 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 : IRCDUS proposes to construct approximately 1841 L . F . of 16 " PVC and 451 L . F . of 18 " HDPE Master Planned Water Transmission Main and associated appurtenances to be and located and constructed along College Lane , west of 58th Avenue . Connection is made to an existing 20 " water main at the existing water tower site on College Lane , n approximately 475 west of 58th Avenue . From this connection point , the water main runs west along College Lane for approximately 2292 L . F . , where it connects to an existing 16 " water main located at the N . E . corner of the Indian River State College Mueller Campus . The construction of the utility improvements described above shall also consist of, but not limited to : resetting of signs , mailboxes , and other existing facilities disturbed during construction ; utilities exploration ; coordination with any permitting agencies ; trenching ; clearing and tree removal ; dewatering ; installation of pipe with fittings and all appurtenances ; valves , fire hydrant assemblies ; wet taps ; restrainers ; air release valves ; line stops ; soil compaction ; disinfection ; testing ; ( including providing temporary jumper or another approved method for disinfection and flushing ) ; road restoration ; regrading and grassing ( sod ) ; and traffic control . ARTICLE 2 ENGINEER The project has been designed by Schulke , Bittle & Stoddard , LLC , 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 10 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 . 00530- 1 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 . 6 . 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 . ( b ) From 16 calendar days to 75 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install all pipe and appurtenant items . 2 . Perform all testing . 3 . Restore all disturbed areas to their pre- construction condition . 4 . Correct all deficiencies noted by Engineer . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b ) constitutes Substantial Completion . ( b ) From 75 calendar days to 90 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#*4Z for completion and readiness for final payment . S* ( t O 3 . 3 . 1 The CONTRACTOR and OWNER agree tha WNER 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 00530-2 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 for the cost of 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 $ 208 , 186 . 00 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 00530-3 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 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 00530-4 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 . 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 . 7 . 6 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 Public Construction Bond ( Section 00610 ) . 8 . 3 Notice of Award and Notice to Proceed ( examples in Section 00800 ) . 8 . 4 General Conditions ( Section 00700 ) . 8 . 5 Supplementary Conditions ( Section 00800 ) . 8 . 6 Specifications bearing the title " 16 " Water Transmission Main Extension on College Lane Project No . UCP 9920 / Bid No . 2010036 " as listed in the table of contents hereof. 8 . 7 Drawings , inclusive with each sheet bearing the following general title " IRCDUS 16 " Master Planned Water Transmission Main Extension on College Lane UCP No , 9920 Indian River County Department of Utility Services " 8 . 8 Addenda numbers 01 to 01 , inclusive . 8 . 9 CONTRACTOR' S Bid ( Section 00300 ) . 8 . 10 Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards February 2008 " , or the latest version thereof. 8 . 11 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 . 00530- 5 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. 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 , recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement . This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement . The indemnification is limited to $ 5 million per occurrence . 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 . 00530- 6 IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . OWNER 00000„,0000 OOMIS Indian River County o `�:'° ° e°°0° Board oKounty Commissio ers ° a Sxvy tY o, By : Peter D . O ' Bryan , aairman 0.0 11 00 000000 patl06000Af� Attest : J . K . Barton , Clerk of the Circuit Court By : eputy Clerk Zf,r,oved By : J eph A. aird , County dministra or Approved as to Form an egal Sufficiency : elk t County Attorney Address for giving notices 1801 271h Street Vero Beach , Florida 32960 00530-7 CONTRACTOR R . K . Contractors , Inc ( CORPORATE SEAL ) Attest Sccr�f- ra �' � Address for giving notices 2860 S . Brocksmith Road Ft . Pierce , FL 34945 License No . 000056834 * END OF SECTION * 00530-8 Public Work Executed in 2 Counterparts 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 : 1931817 CONTRACTOR NAME : R . K . Contractors , Inc . CONTRACTOR ADDRESS : 2860 S . Brocksmith Road Ft , Pierce FL 34945 CONTRACTOR PHONE NO : ( 772 ) 462- 0770 SURETY COMPANY : The Hanover Insurance Company 440 Lincoln Street Worcester, MA 01653 ( 508 ) 853 - 7200 OWNER NAME : Indian River County Board of County Commissioners OWNER ADDRESS : 1800 27th Street Vero Beach FL 32960 OWNER PHONE NO . : ( 772) 567-8000 2060486 THIS DOCUMENT HAS BEEN OBLIGEE NAME : (If contracting RECORDED IN TI E PUBLIC RECORDS entity is different from the owner, COUNTY FL BK: 2413 1 i Pagel the contracting public entity) 04/21 /2010 at 123 3t AM , of 5 OBLIGEE ADDRESS : JEFFREY K BART 1N . CLERK OF COURT OBLIGEE PHONE NO . : BOND AMOUNT : $ 208 , 186 . 00 CONTRACT NO . : ( If applicable ) Bid No . 2010036 DESCRIPTION OF WORK : 16 " Water Transmission Main Extension on College Lane PROJECT LOCATION : Vero Beach , Indian River Co . , 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 . THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND . Bond No . 1931817 executed in 2 counterpart ( s ) Bid No , 2010036 PUBLIC CONSTRUCTION BOND BY THIS BOND , We R . K . Contractors Inc . 2860 S Brocksmith Road , Ft . Pierce , FL 34945 , ( 772 ) 462 - 0770 (insert name , principal business address and telephone number of contractor) as Principal and The Hanover Insurance Company 440 Lincoln Street, Worcester MA 01653 ( 508 ) 853 - 7200 (insert name principal business address and telephone number of surety) as Surety , are bound to Indian River County Board of County Commissioners 1800 27th Street Vero Beach FL 32960 ( 772 ) 567 - 8000 (insert name , principal address and telephone number of owner of the property or contracting public entity and its contract number) , herein called the Owner , in the sum of $ 208 , 186 . 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 contracted dated Zt) yo .L between Principal and Owner ; ; construction of 16 " Water Transmission Main xtension on College Lane Vero Beach Indian River Co . FL ( insert legal description , street address of the property being improved , and general description of the improvement) 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 r� ; tectly 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 . 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 � or I . lo c> PRINCIPAL : R . K . Contractors Inc . Printe Zm e : 6 Printed Title : SURETY : ' The Hanover Insurance Company B Y � Printed Name : Patricia L . Slaughter. . Printed Title : Attorney- in - Fact and FL Licensed Resident Aaentv Inquiries : ( 407 ) 786- 7770 STATE OF F_lor , 4Ao COUNTY OF � l „Cit'. The foregoing instrument was acknowledged before me this 19 � day of of R . . „�_ , by l� ! I U J 'P,r, ,,�.r .� as Pr (title )( ) I.c ( State ) corporation , on behalf of the I ,, c . (name of corporation ) , aif, r : � � ( p corporation . H She [please check as applicable] / '� / is personally known to me , or has produced /./ his /her ( state ) driver' s license , or /./ his/ her (type of identification ) as identification . Ir ( Signa ure E,O a ANN&=LUDLUM /� w n I �l1MY COr" ' 'F' v <1exPu ( Printed Name ) " ' now=Dimm NOTARY PUBLIC , STATE OFio � d Q) I - 2�l — I L+- ( commission Expiration Date ) STATE OF Florida COUNTY OF Orange _ The foregoing instrument was acknowledged before me this 13th day of April 2010 , by Patricia L . Slaughter ( name ) , as Attorney - in - Fact ( title ) of The Hanover Insurance Company ( name of corporation ) , aNEW HAMPSHIRE ( state ) corporation , on behalf of the corporation . She ( he/she ) is personally known to me . CAS f. cLI ( Signature ) W� 2e Nintary Public State of Flonda L Christine F Culp y .my Co:Tm , ss;on rice 9029 Christine E . Culp at° OM1 /2o '. z ( Printed Name ) `-' NOTARY PUBLIC , STATE OF FLORIDA 9/ 01 / 2012 ( commission Expiration Date ) THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS : That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under Re the h, l Grews gory othe State of MichSusan Ligan , do hereby Re y cnstitute and Teresa L. Durham , Patric L. Slaughter, Leslie M. Donahue , Kim E. Niv, Jeffrey 9 tY Don Bramlage, Gloria A . Richards , Cheryl Foley, and/or Lisa Roseland of Maitland, FL and each is a true and lawful Attomey(s)-in-fad to sign , execute , seal , acknowledge and deliver for, and on its behalf, and as its ad and deed any place within the United States , or, If the following line be filled in, only within the area therein designated any and all bonds, recognizances , undertakings , contracts of indemnity or other writings obligatory in the nature thereof, as follows : Any such obligations In the United States , not to exceed Twenty Million and No/100 ($ 20 , 000 , 000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomay(s)-In-fad may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President in conjunction with any Assistant Vice President, be and they are hereby authorized and and empowered to anizalnces, contracts fof indemnity, waact of the ve Iof citation n its eand andall otther writings obligatory In theacts, to execute and n atureethereo, with power to attach tfor and on its behalf as hereto the all bonds, recog seal of the Company. Any such writings so executed by such Attorneys in-fact shall be r binding upon the Company as 1 they had been duly executed and acknowledged by the regularly elected officers of the Company in their own Proper persons." (Adopted October 7 , 1961 - The Hanover Insurance Company; Adopted April 14 , 1982 — Massachusetts Bey Insurance Company; Adopted September 7 , 2001 . Citizens Insurance Company of America) IN WITNESS WHEREOF , THE HANOVER INSURANCE COMPANY , MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be seated with their respective corporate seals , duly attested by a Vice President and an Assistant Vice President, this 22nd day of September, 2009. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY M..°f s CITIZEN SURANCE COMP Y OF AMERICA 4 i 1974 1> Mary Jeanne Fy d on, ce Pre de l Robert K. Grennan; Assistan ce President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) Iss • On this 22nd day of September, 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America , to me personally known to be the individuals and officers described herein , and acknowledged that the seals affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America , respectively , and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations . IN tri rramr Notary Public 12011420=14X& r,,� a e� My commission expires on November 3, 2011 I , the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America , hereby certify that the above and foregoing is a full , true and correct copy of the Original Power of Attorney issued by said Companies , and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America . "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification In respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed , even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 . The Hanover insurance Company; Adopted April 14 , 1962 Massachusetts Bay Insurance Company; Adopted September 7 , 2001 - Citizens Insurance Company of America ) " ` .. . 20 ell GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts , this � q}� day of r . THE HANOVER INSURANCE COMPAW . MASSACHUSETTS BAY INSURANCE .COMPANY ICITIS "ssistan NY 0� ERICA Pre nl - 1 J ®� CERTIFICAOF LIABILITY INSURAK E OP ID JL DATE � RRCON- 1 03 / 05 / 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kearns Agency of Florida Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND , EXTEND OR P O Box 1849 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jensen Beach FL 34958 Phone : 772 - 334 - 5822 Fax : 772 - 334 - 0940 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Owners Insurance CO an INSURER B: An Go ovners In "ra Coapa y R K Contractors Inc - INSURER C: soutbers ov ors Ineuren Co . 10190 2860 S Brocksmi -Eh Rd . INSURER D: Fort Pierce , EL 34945 - 4446 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMrTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N TYPE OF INSURANCE POLICY NUMBER DATE DATE MM/DD U"TS GENERAL LIABILITY EACH OCCURRENCE s 1 , 000 , 000 A X X COMMERCIAL GENERALLIANuTY 72698658 10 / 03 / 09 10 / 03 / 10 PPR EMISF��accurence s 300 000 CLAIMS MADE ® OCCUR MED EXP (Any one person) $ 101000 PERSONAL BADV INJURY S 1 , 000 , 000 GENERAL AGGREGATE s3 , 0001000 GENOLAGGREGATEUMTTAPPUESPER: PRODUCTS - COMP/OPAGG s3 , 000 , 000 X POLICY J� LOC AUTOMOBILE LJABILTTY COMBINED SINGLE LIMIT a1 , 000 , 000 g ANY AUTO 95 - 434 - 709 - 00 10 / 03 / 09 10 / 03 / 10 (Eaacudent) ALL OWNED AUTOS BODILY INJURY f X SCHEDULED AUTOS (per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per acadonL) PROPERTY DAMAGE f (Per I0cident) GARAGE LIABILTrY AUTO ONLY - EA ACCIDENT f ANY AUTO OTHER THAN EA ACC f AUTO ONLY: AGG S EXCESS I UMBRELLA L.IABETTY EACH OCCURRENCE S OCCUR FICLAIMS MADE AGGREGATE $ f DEDUCTIBLE $ RETENTION f S WORKERS COMPENSATION TORY UMITS I 71MERT: AND EMPLOYERS' LIABILITY Y I N — ANY PROPRIETOR/PARTNERIEXECUTNq --i EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? u EL DISEASE - EA(Mandatory In NH) f M yes, desulbe under E.L DISEASE - POLICY UMIT f SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The certificate holder is also listed as an additional insured in regards to the General Liability only . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLJC>ES BE CANCELLED BEFORE THE EXNRATIO DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Indian River BOCC AUTHORIZED REPRESENTATIVE 1800 27th Street Lawrence E . Kearns Vero Beach FL 32960 ACORD 25 (2009/01 ) ® 1988-2009 ACORD C TION . All rights reserved . The ACORD name and logo are registered marks of ACORD Z000 / Z0001n XVA 9T : TT OTOZ / 80 / EO L µ 1. V J / V / LV1Vo 11111G . 1V . Vz n1.1 1V • U V , lIILZVLVIVv Page : 001 DATE A ®TM CERTIMA� _ OF LIABILITY INSURANC _ o3 /08/ � 03 /08 /2010 PRODUCER ( 407 ) 788 - 3000 FAX ( 407 ) 788 - 7933 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America , Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT, AMEND, EXTEND OR P • 0 . Box 162207 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Altamonte Springs , FL 32716 - 2207 INSURERS AFFORDING COVERAGE NAIC # INSURED R • K . Contractors Inc . INSURER A: Bridgefield Employers Ins Co 10701 2860 S . Brocksmith Road INSURER B: Ft . Pierce , FL 34945 - 4446 INSURER C : INSURER D INSURER E . COVERAGES 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 . INSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS t TR DATE fMWDDffYI DATE (MMIDDI'M GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMIc�FSiEnncmIno Al CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY JPERCOT- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person ) $ HIRED ALITOS BODILY INJURY NON-OWNED AUTOS (Per accidert) $ PROPERTY DAMAGE $ (Per accident) *GELIABILrTY AUTO ONLY - EA ACCIDENT AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 0830 - 40508 12 /31 /2009 12 /31/2010 X We srATu oTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 11000 , 0001 A ANY PROPRIETOWPARTNER(EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 11000 , 000 If yes, describe oder SPECIAL PROVISIONS below E .L. DISEASE - POLICY LIMIT I $ 1 , 000 , 000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPE AT)ON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Indian River BOCC BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1800 27th Street OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Vero Beach , FL 32790 AUTHORIZED REPRESENTATIVE // `A 3eff La os RICIA C�f9 CORD 25 ( 2001 /08) OACORD CORPORATION 1988