Loading...
HomeMy WebLinkAbout2010-059 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 7th day of Apr! 1 in the year 2010 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 a new 8" Gravity Sewer Collection System within Block A of the Summerplace Unit 1 Subdivision. The facilities shall provide sewage collection infrastructure to serve the ten (10) home sites on East Shell Lane, and provide stub-outs for future connections and extensions to serve other areas of the Summerplace Unit 1 Subdivision and other adjacent properties. The gravity sewer main will be constructed from the east end (cul-de-sac) of East Shell Lane, and run west approximately 345 I.f. to the east side of the intersection of East Shell Lane and State Road A-1-A; then the main shall run south along the east right-of-way of State Road A-1-A approximately 127 I.f., where it will then turn east for 19 I.f., and connect to an existing Indian River County Department of Utility services Sewage Lift station, where the sewage collected will be pumped to the Indian River County Department of Utility Services Wastewater Treatment Plant. The construction will provide existing utility customers that currently only are provided with water service, the ability to connect to the IRC regional wastewater collection and treatment system; and the connection of existing customers to the system will provide opportunities for existing residences to abandon existing septic systems, which shall benefit the environment and water quality enjoyed by all Indian River County residents. 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, structures and all appurtenances; soil backfill compaction; testing; (including T.V. testing, exfiltration testing, backfill and subgrade testing); road, landscape and driveway 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 00530-1 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. 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 60 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 60 calendar days to 74 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 00530-2 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 ($450.00) for each day that expires after the time specified in Paragraph 3.2 for completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above-stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above-stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above-stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of$ 47,202.10 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 00530-3 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 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. 00530-4 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. 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 "SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION ASSESSMENT 8" GRAVITY SEWER PROJECT / Proiect No. UCP 4039 / Bid No. 2010023" as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION ASSESSMENT 8" GRAVITY SEWER PROJECT UCP No. 4039 Indian River County Department of UtilitV Services" 00530-5 8.8 Addenda numbers 1 to 1 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. 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 00530-6 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 r,•..-••.. qtr COMM,ss Indian River County Board DtCounty Commissioners '►r u By: Peter D. OT n, Chairman COUli1r. ..• �rwarwM•'• Attest: J. K. Barton, Clerk of the Circuit Court By: -Deputy Clerk Approved By: (� <D-)) Jos t h A. B ird, County Administrator Approved as to Form and Legal Sufficiency: 42x 1 �---, County Attorney 00530-7 Address for giving notices 1801 27`h Street Vero Beach, Florida 32960 CONTRACTOR R. K. Contractors, Inc. (CORPORATE SEAL) Address for giving notices 2860 S. Brocksmith Road Ft. Pierce, FL 34945 License No. CUC056834 *END OF SECTION* 00530-8 DATE(MWDDIYYYY) RO° CERTIFICA'" OF LIABILITY INSURM E °RKcoN 1F 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 Company INSURER B: Auto Ovners Insurance company INSURER C' southern Ovner9 meurance Co. 10190 R K Contractors Inc. 2860 Fort Pierce E�Z+34R45-4446 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 CONDRIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMrDDNYYY DATE MWDDlYYYY LIMBS i EACH OCCURRENCE $1,000,000 GENERAL LIABILITY A ]( ][ COMMERCIAL GENERAL LIABILITY 72698658 10/03/09 10/03/10 PREMISE rent-) s300,000 CLAIMS MADE ®OCCUR MED EXP(Any one person) $10,000 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE s 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s3,000,000 R POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B ANY AUTO 95-434-709-00 10/03/09 10/03/10 (Eaaccrdent) ALL OWNED AUTOS BODILY INJURY $ (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE EXCESS I UMBRELLA LIABILIT'Y' S OCCUR El CLAIMS MADE j AGGREGATE $ $ $ DEDUCTIBLE RETENTION $ $ F'A ERS COMPENSATION 7E.L.DISEASE-EAF-MPLOYE ER MPLOYERS'LIABILITY Y 1 N ROPRIETORIPARTNERIEXECUENT S ERIMEMBER EXCLUDED? YEE $ atory in NH) H yes,describe under LICY LIMIT S 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 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL 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(2009101) ©1988-2009 ACORD C TION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2000/Z000z XVA 91 :TT OTOZ/80/CO co v' JL D CERTIFICAr- OF LIABILITY INSURAN E OP ID A7E(MMfDD/YYYr7 RKCON-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 0 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 NAICA INSURED INSURERA: Owners Insurance Company INSURER B: Auto owners Insurance Company R K Contractors Inc. INSURER C: southern owners Insurance Co. 10190 2860 S Brocksmi.th Rd. INSURER D: Fort Pierce, FL 34945-4446 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 CONDMON 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. ATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD TIVE DATE MMIDPOLICY-EXPD LIMITS GENERAL LIABILITY DAMAGE Ta-RENTEEF-- EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY 72698658 10/03/09 10/03/10 PREMISES(Eeoca,rerce) $300,000 j CLAIMS MADE l—!OCCUR MED EXP(Any one person) $10,000 i PERSONAL d ADV INJURY $1,000,000 GENERAL AGGREGATE s3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s3,000,000 —X7 POLICY 7 JPERO LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $1,000,000 B ANY AUTO 95-434-709-00 10/03/09 10/03/10 (Ea accident) t ALL OWNED AUTOS i BODILY INJURY $ t(Per person) I X SCHEDULED AUTOS 1 X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) IPROPERTY DAMAGE $ (Per accident) i GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO I OTHER THAN EA ACC S 'AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S S S DEDUCTIBLE RETENTION $ I S WORKERS COMPENSATION TORY LIMITS ER AND EMPLOYERS LIABILITY Y/N ANY PROPRIETORIPARTNEWEXECUTNFD E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? u E.L.DISEASE-EA EMPLOYE $ (Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/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 POLICIES BE CANCELLED BEFORE THE EXPIRATION OATC THCRCOF,THC 1"VIN0 INOURM WILL CHOCAVON TO MAIL 30 DAVC VMIT " NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Schulke, Bittle 6 Stoddard LLC REPRESENTATIVES 1717 Indian River Blvd. AUTHORRED REPRESENTATIVE Suite 201 Lawrence E. Kearn Vero Beachf FL 32960 ACORD 25(2009101) O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2000/T000lin Xbd 9T:TT OTOZ/80/EO T L0.6G J/ V/ GViv 11111V 1V V S ui 1v .+ .-•, �..--•—_ �_ Page: 001 ACORD, CERTIFICATE OF LIABILITY INSURANCE 03/(0/20 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.O. 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 Bridgefield Employers Ins Co 10701 2860 5. B rocksmi th Road INSURER B Ft. Pierce, FL 34945-4446 INSURER 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 DD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DA M D MMIDD GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ ( FS IFa oc"'rap- CLAIMS MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ 7 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 0830-40508 12/31/200912/31/2010 X I WRY IMT OR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 A ANYPROPRIETOR/PARTNER/EXECUTIVE OFF I CERIMEMBER EXCLUDED? E L DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below El DISEASE-POLICY LIMIT 1$ 1,000,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 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 REPRESENTATIVEeff La os RICIAf� °w ACORD 25(2001108) OACORD CORPORATION 1988 1.1Q LG J/ V/ L V 1 V i iaaav. i v v- Page: 003 -CORD,. CERTIFICATE OF LIABILITY INSURANCE 03/(0/20 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.O. 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 Bridgefield Employers Ins Co 10701 2860 S. Brocksmith Road INSURER Ft. Pierce, FL 34945-4446 INSURERc 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 DD' TYPE OF INSURANCE POLICY NUMBER POLIC EF�CDTWE POLLIIC EXPIRTE ATION LIMITS LrM TR NSRDATE GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY .=GE TO RENTED $ CLAIMS MADE F7 OCCUR I MED EXP(Any one person $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ �GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PEa F7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESSAJMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 0830-40508 12/31/2009 12/31/2010 X WRY IMR R EMPLOYERS'LIABILRY E.L.EACHACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNERIEXECLITIVE OFFICERIMEMBER EXCLUDED? E DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under E L..DISEASE-POLICY LIMIT 1$ 1,000,000 SPECIAL PROVISIONS below OTHER DESCRI PTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Schulke, Bittle, and Stoddard LLC 10 DAYS WRITTENNOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1717 Indian River Blvd. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Suite 201 OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE Jeff La os RICIA ACORD 25(2001108) OACORD CORPORATION 1988 2056016 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL Executed in 3 Counterparts BK'.2409 PGA02, Pagel of 5 Public Work 03/31/2010 at 10:33 AM, F.S. Chapter 255.05 (1)(a) JEFFREY K BARTON,CLERK OF COURT 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: 1931803 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 OBLIGEE NAME:(If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $47,202.10 CONTRACT NO.: (If applicable) Contract N0. 2010023 DESCRIPTION OF WORK: Shell Lane East A Portion of Summerplace Subdivision Petition, Water Assessment Project PROJECT LOCATION: Indian River Co. FL LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be printed thereon. 00610-2 The Attached Statutory Cover Page Forms and Becomes Part of this Bond PUBLIC CONSTRUCTION BOND Executed in 3 Counterparts Bond No. 1931803 (enter bond number) BY THIS BOND, We R. K. Contractors, Inc. , as Principal and The Hanover Insurance Company , a corporation, as Surety, are bound to Indian River County , herein called Owner, in the sum of$ Forty Seven Thousand" , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. *Board of County Commissioners THE CONDITION OF THIS BOND is that if Principal: **Two Hundred Two and 10/100 ($47,202.10) 1. Performs the contract dated Feb —Il -2010 , between Principal and Owner for construction of Shell Lane East A Portion of Summerplace Subdivision*** , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and ***Petition,Water Assessment Project 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance, , with any formalities connected with the contract or the changes does not affect Surety'$ obligation under this bond. r r DATED ON R. K. Contractors, Inc. . .. (Name of Principal) By ) le. Patrica L. Slaugher, (As Attorney in Feet) &FL Lic. Resident Agent The Hanover Insurance Company (Name of Surety) Inquiries: (407)786-7770 00610 - 3 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 the laws of the State of Michigan,do hereby constitute and appoint Leslie M.Donahue,Kim E.Niv,Jeffrey W.Reich,J.Gregory MacKenzie,Susan L.Reich,Teresa L.Durham,Patricia L.Slaughter, Don Bramlage,Gloria A.Richards,Cheryl Foley,and/or Lisa Roseland of Maitland,FL and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf, and as its act 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 Atlomey(s)-In-fact 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 empowered to appoint Attomeys-In-Tact of the Company,In Its name and as its acts,to execute and acknowledge for and on Its behalf as Surety any and all bonds,recognizences,contracts of indemnity,waivers of citation and all other writings obligatory In the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys4n-fact shall be as binding upon the Company as If they had been duty executed and acknowledged by the regularly elected officers of the Company In their own proper persons'(Adopted October 7, 1991 -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 sealed 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 ell pt�rio CITIZEN SURANCE COMP Y OF AMERICA 6 r �/ �yA i 1� 1974A4L '1 Mary Jeanne d on, ce Pre de l �- Robert K.Grennan,AssistentTrce President THE P.OMMqNWEALTH OF MASSACHUSETTS ) ''CO -OF WORCESTER On this 22i°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. wc�.t�.ss Notary Public 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 Attomey 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 rasped thereto, granted and executed by the President or any Vice President in conjunctlon 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 7,1991 -The Hanover Insurance Company;Adopted April 14, 19112 Massachusetts Bay Insurance Company;Adopted September 7,2001 - Citizens Insurance Company of America) 1 ,4 GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 0 day of 20(O• THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI S INSU CE COMPANY OF ERICA Step arnui ssistan ice Pns nl LSCb'll l-.1CUll 1tC1L111�' 1.G111G1 — t.V111Yu11� •iitViiiauaavaa ---- ------ _.�_.__... . ._ Ratings & Analysis Center United States Asia Pacific Canada Europe About Contact Sitemap Hanover Insurance Company til Print this Page . Ratings&Analysis For ratings and product access ,>Home (a member of Hanover Insurance Gro Prot)and Cas Cos) T o Best's Credit Ratings+ A.M.Best#:002225 NAIC#:22292 FEIN#: This rating is .RmneW praoeth ihtlnQ:; Log;" sign-up n Financial Strength Ratings 136129825 assigned to 9oEST nIssuer Credit Ratings companies n Debt Ratings Address.440 Lincoln Street that have in - Find a Best's Credit Raring »Bank Deposit Ratings our opinion,an excellent ability to meet ] »Advanced Search Worcester,MA 01653 UNITED STATES their ongoing obligations to Enter a Company Name J »About Bests Credit Ratings+ 'policyholders. »Advanced Search Get a Credit Rating+ »Best's Special Reports Phone 508-853-7200 n Add Besfs Credit Ratings Search Fax 508-855-6417 To Your Site Web:www.hanover.cam »BestMark for Secure-Rated Best's Ratings Insurers »Contact an Analyst Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions News 8 Research View Rating Definitions Rating:A(Excellent) Long-Term:a Select one... Products&Services Affiliation Code.g(Group) Outlook:Stable Industry Information . Financial Size Category:XIV($1.5 Billion to Action:Upgraded Corporate + $2 Billion) Date:May 08,2009 Support&Resources x Outlook:Stable Conferences and Events y Action:Upgraded Effective Date:May 08,2009 Denotes Under Review Ratings See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M.Best Group, AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:06/04/2009 (represents the latest significant change). Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet,income statement, key financial performance tests including profitability.liquidity and reserve analysis. Data Status:2010 Best's Statement File-PIC.US.Contains data compiled as of 3/31/2010(As Received). • Single Company-five years of financial data specifically on this company. • Comparison-side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite-evaluate this company's financials against a peer group Composite.Report displays both the average and total composite of your selected peergroup. AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary. Data Status:Contains data compiled as of 3/31/2010(As Received). 10Best's Key Rating Guide Presentation Report-includes Best's Financial Strength ,,Rating and financial data as provided in Best's Key Rating Guide products. Data Status:2008 Financial Data(Quality crass Checked). Financial and Analytical Products Best's Key Rating Guide-PIC US 6 Canada Best's Statement File-PIC,US Best's Statement File-Global Best's Insurance Reports-P/C US&Canada Best's State Line-PIC.US Best's Insurance Expense Exhibit(IEE)-PIC US Best's Schedule D(Municipal Bonds)-US Best's Schedule D(Common Stocks)-US Best's Schedule D)Preferred Stocks)-US Best's Corporate Changes and Retirements-PIC US/CN Best's Schedule P(Loss Reserves)-PIC.US Best's Schedule D-Hybrid-PIC&LM.US Best's Schedule D(Corporate Bonds)-US http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2225&AItSrc=1&Alt... 3/31/2010 DCII J l.1GUll i�Clllll�' 1.G111G1 � \.V111Yuuy •aa>,va uau�ay.a .v. ...,....�.... - � _—� `"'�� Best's Insurance Reports-Online-P/C.US 8 Canada Customer Service I Product Support I Member Center;Contact Info:Careers About A,M,Best Site Map I Privacy Policy i Security I Terms of Use I Legal&Licensing Copyright 0 2010 A,M.Best Company,Inc.ALL RIGHTS RESERVED. A .Best Worldwide Headquarters,Ambest Road.Oldwick,New Jersey.08858.U.S.A: http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=2225&A1tSrc=1&Alt... 3/31/2010