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HomeMy WebLinkAbout2014-200A1SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS ;21:714 Q,00 At Title Page ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 — ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 3 ARTICLE 7 - INDEMNIFICATION 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) REV 06-14 00520 - 1 B:\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and k45 71— 6,`-'51--rcdG'71( �iv‘_ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Work is generally described as follows: Construction of a 46,000 SF (±) Intergenerational Recreation Facility at South County Regional Park to accommodate indoor community exhibits and events, sports activities, activities for senior citizens, a multi-purpose gymnasium and various office and meeting rooms. The building includes tilt -up wall construction and standing seam roof construction. Site work includes asphalt parking areas and drives, drainage improvements including retention pond, water and sewer improvements, landscaping and irrigation ARTICLE 2 - THE PROJECT 2 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows Project Name: INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUNTY REGIONAL PARK County Project Number: 1135 Bid Number: 2014052 Project Address- 1590 9th Street SW (Oslo Road), Vero Beach, Florida 32962 ARTICLE 3 — ENGINEER 3 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will 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 the completion of the Work in accordance with the Contract Documents ARTICLE 4 - CONTRACT TIMES 4 01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 330th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General 00520 - Agreement (Public Works) REV 06-14 00520 - 2 Z:\Bids\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14.doc Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 360th day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties 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 $3,770.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After 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 $3,770.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 01.A and summarized in paragraph 5 01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B THE CONTRACT SUM subject( to additions and deductions provided in the Contract:: Numerical Amount: $ 10i 61L 21 5. 03 Written Amount: —1-(-4(1 W4 \\ (4) S'4c, rot W 1 S1C cirs.rJ ky ,eta -k �% �3 /too - ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. 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. 6.02 Progress Payments. A. 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 00520 - Agreement (Public Works) REV 06-14 00520 - 3 B:\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14.doc (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. 6 03 Pay Requests. A. 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. 6 04 Paragraphs 6.02 and 6.03 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 6.05 Acceptance of Final Payment as Release. A. 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 Public Construction Bond. 00520 - Agreement (Public Works) REV 06-14 00520 - 4 Z:\Bids\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14.doc ARTICLE 7 - INDEMNIFICATION 7 01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 06 of the General Conditions. E CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520 - Agreement (Public Works) REV 06-14 00520 - 5 Z:\Bids\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2 Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6 General Conditions (pages 00700-1 to 00700-45, inclusive), 7. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 8 Specifications as listed in Division 1 (General Requirements) and Division 2 -Technical Provisions (Site) and Division 3 - Technical Provisions (Structures); 9. Drawings consisting of a cover sheet and sheets numbered L1.01.01 through L1.01.08, S1.00.01 through S1.08.03, A0.00.00 through A1.13.02, M1.00.00 through M1.05.02, E1.00.00 through E1.07.01, FP1.00.00 through FP1.04.01, P1.00.00 through P1.05.03, and C00 through C12, with each sheet bearing the following general title. INDIAN RIVER COUNTY INTERGENERATIONAL RECREATION CENTER; 10 Addenda (numbers / to V , inclusive), 11 Appendices to this Agreement (enumerated as follows). Appendix A — Permits Appendix B — Fertilizer Ordinance Appendix C — Subsurface Investigations 12. CONTRACTOR'S BID (pages 00310-1 to 00310-10, inclusive) 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive). 14.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive) 00520 - Agreement (Public Works) REV 06-14 00520 - 6 Z:\Bids\2013-2014 FY (2014000)12014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14 doc 15.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 16.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s) 17 Contractor's Final Certificate of the Work (page 00632-1 to 00632-2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10 03 Successors and Assigns A. 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 to all covenants, agreements, and obligations contained in the Contract Documents 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10 05 Venue A. This Contract 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 Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 00520 - Agreement (Public Works) REV 06-14 00520 - 7 Z \Bids\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14 doc 10.06 Public Records Compliance A. Indian , River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 06-14 00520 - 8 Z:\Bids\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 'This Agreement will be effective on December 9 , 2014 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By. Wesley S. Davis, C airman A. Baird, County Administrator APPROVED AS TO FORM AND—L-EGAL SUFFICIENCY. By. ylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Christopher J. Kafer, Jr., P.E Title County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile. (772) 778-9391 ' CONTRACTOR: B Attest AO (Contractor) JO RATE SEAL) Address for giving notices: /b01A-,s t o f �t i/• 33* 7 License No. C 6-G 7C/ 96 93 (Where applicable) Agent for service of process: Designated Representative: Name: A/ jCL. iJ / a / Title: Pros; od4A Address. 71 rpt -poor" -#1- grki447. 211 fro GA6¢ 8c��� CI Phone:S.6 /- 6,9 -619/0 Facsimile: SG /- 689-1/9 y (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) **END OF SECTION** 00520 - Agreement (Public Works) REV 06-14 00520 - 9 Z:\Bids\2013-2014 FY (2014000)\2014052 Intergenerational Recreational Facility Construction\00520 - Agreement (Public Works) REV 06-14.doc 3120140076033 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2813 PG: 104,12/30/2014 9:43 AM 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: 106184148 CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: Of contracting entity is different front the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: Of appllc ble) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (0 applicable) !Cast Construction Company, LLC 701 Northpoint Parkway, Ste 400 West Palm Beach FL 33407 561-689-2910 Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 860-277-0111 Indian River County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 772-567-8000 $10,676,278.03 Project No. 1135 Intergenerational Recreation Facility at South County Regional Park 800 20th Ave. SW Vero Beach, FL 32962 I_riMONT PACE All other bond peyote) aro deemed subsequent to this page regardless of any page avmber(s) that may be printed thereon. 00510 - 2 00610 - Public Construction Bond F:Public Works\ENGINEERING DIVISION PROJECTS11135S County Park Intergeneratiional Rec Facility Admlmibld documents Master Contract Documents100610 - Public Construction Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 2813 PG: 105 • PUBLIC CONSTRUCTION BOND Bond No. 106184148 (enter bond number BY THIS BOND, We Kast Construction Company,LLC Travelers Casualty , as Principal River and Surety Company of America IndianRiverc.ounty a corporation, as Surety, are bound to Ani,..,, „f rn„nty CII*N.; anioners herein called Owner, in the sum of $10, 676,278.03 , 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 coa ntract datedik .«.kweci, 201 f- , between Principal and Owner for Intergenerational Recreation taciiity of construction of s ,,, ,,,,.,, Ragi ,,r,, , 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. :- Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 25605(2), Florida Statutes.,.,•`''" et iPf"4,e,• Any changes in or under the contract documents and compliance or noncore with any formalities connected with the contract or the changes does not affect+'s, . ::\ obligation under this bond. f^ DATED ON ,% BK: 2813 PG: 106 TRAVELERS Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 227285 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No, 005675837 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Brett Rosenhaus of the City of Lake Worth State of Florida their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of October 2013 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company ,' Travelers Casualty and Surety Company • Travelers Casualty and Surety Coinpany of America United States Fidelity and Guaranty Cpmpatsy, •;,' State of Connecticut City of Hartford ss. By. Robert L. Raney enior Vice President On this the 23rd dayof October 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. `( \ar ill C . d.;It . - Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 2813 PG: 107 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is int full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and tditxeA the seals of said.Cgmpanies this day of 20 • Kevin E. Hughes, Assistant Sectary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. THIS ORIGINAL MAY HAVE REDACTED INFORMATION AS STATED IH FLOgRIDA STATUE 119.01 4 .... CSG fA d DATE WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER KASTCON-01 MASSEYC 7 ,d " CERTIFICATE OF LIABILITY INSURANCE 1`hien. � DATE(MM/DD/YYYY) 12/16/2014 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(les) 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 Insurance Office of America, Inc. 1725 East Mahan Drive Tallahassee, FL 32308 NAME: CONTACT Chris Massey PHONE 850 877-8379 FAX (850)877-8674 (AIC, No, Ext): ( ) (ac, No): E-MAIL DRESS: Chris.Massey@ioausa.com LIMITS INSURER(S) AFFORDING COVERAGE NAIC t$ INSURER A : First Mercury Insurance Company 10657 INSURED Kast Construction Company LLC / Kast Construction III LLC 701 Northpoint Parkway, Suite 400 ATTN: Roger Whitman West Palm Beach, FL 33407 INSURERB:The Hanover Insurance Company 22292 INSURER c : Bridgefield Employers Insurance Company 10701 INSURER D PAMAGE TO RENTED REM SES Ea occurrence) INSURER E : INSURER F : CLAIMS -MADE REVISION NUMBER: THIS IS TOvCERTIFY 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X MI -CGL -0000041246-01 04/01/2014 04/01/2015 EACH OCCURRENCE $ 1,000,000 PAMAGE TO RENTED REM SES Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JECOT PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 PROJECT AGG $ 5,000,000 B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X SCHEDULED AUTOS NOTOSWNED AHJA10538501 04/01/2014 04/01/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY;AMAGE (Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE GA -EX -0000041278-01 04/01/2014 04/01/2015 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below N N / A 830-52674 10/01/2014 10/01/2015 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Indian River County Bid No. 2014052 GENERAL LIABILITY: Blanket Additional Insured coverage for both ongoing and completed operations, as required by written contract./ Forms: CG2010 (07/04) and CG2037 (07/04) Blanket Waiver of Subrogation, as required by written contract / Form: CG 2404 (05/09) Blanket Primary and Non -Contributory, as required by written contract / Form: FMIC GL 1002 (10/12) SEE ATTACHED ACORD 101 Indian River County 1800 27th Street (Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �� ,), "-"�G ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORN` AGENCY CUSTOMER ID: KASTCON-01 LOC #: 1 MASSEYC ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Insurance Office of America, Inc. NAMED INSURED Kast Construction Company LLC / Kast Construction III LLC 701 Northpoint Parkway, Suite 400 , ATTN: Roger Whitman West Palm Beach, FL 33407 POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIL CODE SEE P 1 EFFECTNEDATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: General Liability does not provide coverage for residential operations: construction of single family home(s) and town home(s). It does provide coverage for commercial work only. WORKERS COMP: Blanket Waiver of Subrogation, as per written contract / Form WC 00 0313 Cancellation Notification: 30 days except 10 days for non-payment of premium ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD