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HomeMy WebLinkAbout2004-271 AGREEMENT U4 Z -S THIS AGREEMENT made and entered into this Z11a day of AL& y , , 20041 by and between THE WATAUGA COMPANY , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER. WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 6085 , for West Wabasso Park Pavilions CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of eighty-one thousand, seven-hundred and fifty dollars ($81750 . 00), all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents (Base Bid plus Performance and Payment Bonds plus three concrete picnic tables) . Article 2 . TIME OF COMPLETION Ninety (90) Days from the date of execution of this Agreement. Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide Performance Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Page 1 of 2 ` Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR' S Bid Form. Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ARCHITECT, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act, after receipt of the ARCHITECT ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein . Article 7 . VENUE 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. (CONTRACTOR) (OWNER) THE WATAUGA COMPANY INDIAN RIVER COUNTY, FLORIDA Q, o El zabeth A . Sn dgrass President BCC Chairman Arthur`. R ' Neu rg t6 .) , Witnessed by : i7r_ Approved by BC4 `' ohn Vogelbacher Attest : r effrey $artob, cuit Courtr.County Attorney Deputy Cle'��c, , Approved as to Form a d Legal Sufficiency Indian River County Apt ci1e e Baird, Administration i ounty Administrator Budget it Co . Attorney lZ O Page 2 of 2 Risk Management Department ! L, c " Divisionit Lr G 40 EXHIBIT A INSURANCE REQUIREMENTS 1 . 0 INSURANCE: Ll CONTRACTORS and SUBCONTRACTORS Insurance : The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR's work is covered by the protections afforded by the CONTRACTOR's insurance. 1 . 2 Worker' s Compensation Insurance : The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees . 1 . 3 Public liability Insurance : The CONTRACTOR shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed . Commercial General $1,000,000 combined liability single limit for (other than automobile) bodily injury and property damage A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapses and underground property damage Commercial Automobile $1,000,000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/leased Automobiles B) Non-Owned Automobiles C) Hired Automobiles 1 . 5 Builder' s Risk Insurance : The CONTRACTOR shall procure and shall maintain builder' s risk insurance ("all risk") with limits equal to one hundred percent ( 1001/o) of the completed vale of the structure(s), building(s), or addition(s) . It shall include a Waiver of Occupancy Endorsement to enable the COUNTY to contract calls for the installation of machinery or equipment, the policy must be endorsed to provide coverage during transit and installation . The maximum deductible allowable under this coverage is $ 500 . 00 per claim. 1 .4 Proof of Carriage of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required. Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming OWNER as Additional Name Insured must accompany the Certificate of Insurance. END OF EXHIBIT A 417 CENTERPOiNTE CIRCLE, SUITE 1701 HA AITAMONTE SPRINGS, FL 32701 [ OM //-\� 407 . 786 . 7770 FAx 407 . 786 . 7766 SU RETy 888 . 786 - BOND ( 2663 ) FAx 888 . 718 - BOND ( 2663 ) UBIONds / INCO www. FlORidASURETyBONds . com November 10 , 2004 Indian River County, Florida 2625 19th Avenue Vero Beach, Florida 32960 Re : Authority to Date Bonds and Powers of Attorney Principal: The Watauga Company Bond No. : SSB 373393 Project. Bid Number 6085, West Wabasso Park Pavilions, 8900 64th Avenue, Sebastian, Florida 32958 (Construct two (2) large pavilions) Dear Sir or Madam : Please be advised that as Surety on the above referenced bond, executed on your behalf for this project , we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement . Once dated, please fax a copy of the bonds to our office . Sincerely, RLI Insurance Company Leslie M. Donahue Attorney- in -Fact and , 3 Florida Licensed Resident Agent Public Work Executed in 3 Counterparts F. S . Chapter 255.05 ( 1 ) (a) Cover Page THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME , NOTICE AND OTHER LIMITATIONS OF SECTION 255 . 05 OR SECTION 713 . 23 , FLORIDA STATUTES , WHICHEVER IS APPLICABLE , ARE INCORPORATED HEREIN BY REFERENCE . BOND NO . : SSB 373393 CONTRACTOR NAME : The Watauga Company CONTRACTOR ADDRESS : 4275 Capron Road Titusville, Florida 32780 CONTRACTOR PHONE NO . : (321 ) 267-5785 SURETY COMPANY : RLI Insurance Company 9025 N. Lindbergh Drive Peoria, Illinois 61615 (309) 692 - 1000 OWNER NAME : Indian River County, Florida OWNER ADDRESS : 2625 19th Avenue Vero Beach, Florida 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 : $ 102 ,187.50 / 102, 187.50 CONTRACT NO . : (If applicable) Bid Number 6085 DESCRIPTION OF WORK : West Wabasso Park Pavilions - Construct two (2) large pavilions PROJECT LOCATION: 8900 64th Avenue, Sebastian, Florida 32958 LEGAL DESCRIPTION: (If applicable) FRONTPAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon . THE ATTACHED COVER PAGE AND TERRORISM RIDER FORM AND BECOME PART OF THIS BOND . Bond No . SSB373393 SECTION 17800 Executed in 3 Counterparts PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND, we The Watauga Company 4275 Capron Road , Titusville , FL 32780 (321 ) 267-5785 , as Principal (Contractor) ( Insert name , principal business address, and telephone number of Principal/Courractor) and RLI Insurance Company 9025 N . Lindbergh Drive , Peoria , Illinois 61615 ( 309 ) 692 - 1000 , a corporation, as Surety, ( Insert name, principal business , and telephone number of Surely) are held and firmly bound unto the County of Indian River, Florida , 1840 20`" Street , Vero Beach , One Hundred Two Thousand , One Hundred Florida 32960 . ( 772 - 5674000) , in the sura of Eighty Seven and 50/ 100 ------------------------- Dollars ( 5 102 , 187 . 50 ) , amounting to 125 % of the total bid price . For the payment of said sum we bind ourselves, our heirs , executors , administrators and assigns , jointly and severally, for the faithful performance of a certain written Contract , dated the . day of 2004 entered into between the Principal and the County of Indian River, for : Bond Number : SSB373393 Project Name : West Wabas o Park Pavilions Bid Number. 6485 Project Address : 8900 64"' v nuc Sebastian , Florida 32958 _ Project Description : Construct two (2 ) large pavilions at West Wabasso Park A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. NOW , THEREFOR, THE CONIDITIONS OF THIS. OBLIGATION ARE SUCH , that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and Inade a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided .for, and shall IIndemnify and save harmless the County of Indian River against and from all expenses , damages, injury or conduct , waist of care of skill, negligence or default, including patent infringement ou the part of the Principal, his agents or employees , in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal , and further, if the Principal Page 43 of 54 shall promptly make payments to all who supply him with labor arid/ or materials used directly oi- indirectly by the Principal in the prosecution of the Work provided for in said Contract , then this obligation shall be null and void ; otherwise, the principal and Surety, jointly and severally , agree to pay the County of Indian River and difference between the sum that the County of Indian River may be obliged to pay .for the completion of said Work , by contract or otherwise, and any damages , whether direct , indirect, or consequential , including reasonable attorney ' s fee ( including appellate proceedings) , which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND , the said Principal and Surety hereby further bind themselves, their successors, executors , administrators and assigns , jointly and severally , that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work , repair or maintenance thereof, or the manncr of doing the same, or his agents or his servants , or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise . AND . the said Surety , for value received , hereby stipulates and agrees that no change , extension of time , alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same , shall in any way affect its obli ;ations on this Bond, and it does hereby waive notice of any such change , extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this day of , 2004 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned rcprescntative , pursuant to authority of its governing body . + * * + * s + w * + * * + * * * * + + * + + * * + + + * + ter +r + + t * + * + +v * + w + » w + w * * * + + * * * * * + w * * * w * + * * + s + * + * + * + + * * ► WHEN THE PRINQPAL IS AN INDIVIDUAL : Signed, scaled and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address Page 44 of 54 WHEN T>tl >~ PR NCIPAI o IS A SOLE PROPRIETORSHIP OR OPERATED UND FR A TRADE NAME ; Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner WitnessPrinted Name of Partner Address ( SEAL) WHEN THE PRINCIPAL IS A PARTNERSHM Signed . sealed and delivered in the presence of. Witness Name of Partnership BY : Address Partner Witness Printed Name of Partner Address (SEAL) Y +k +Ufk +1k # # ,k # Rs « # ,Iek ,FSR « R # # kM ,kkkk +k +ki # * * RM � +1 # k # ►trt +t # yc ,KIR * KKK # InKN # ,k # t ,kk +FM +kk +K # # * # # kK * A # # ,t # WREN THE PRINCIPAL IS A CQUORATION . A t : � ` a nn nodg ss Watauga pa Secretary o ation t Affix Cci .0 tti M Jason L . Snodgr` ss � Printed Name Vice President ri a , Official Title Page 45 of 54 CERTIFICATE AS TO CORPORATE" PRINCIPAL I Lynn A . Snodgrass , certify that I atn the Secretary of the corporation named as Principal in the within bond ; that Jason L . Snodgrass who signed the said bond on behalf of the Principal was then Vice President of said corporation : that I know his signature, and his signature thereto is genuine ; and that said Bond was duly signed, sealed and attested for and on behalf, of aid corporation by authority of its governing body . ynn A . � Snodg ss ( SEAL) Secretary TO BE EXECUTED BY CORPORATE SURETY : Attest : C 110 ALA^� W� L L RLI Insurance Company Secretary Susan L . Reich Corliorate Surety 9025 N . Lindbergh Drive Peoria , Illinois 61615 Business Address BY : (Affix Corporae $EAL) Leslie M . Donahue Attorney-ln - Fact & FL Resident Agent Florida Surety Bonds , Inc . Name ofLCgealSAenCy 417 CenterPointe r. ui 1701 Altamonte Springs , FL 32701 (407 ) 786 -7770 Business Address STATE OF FLORIDA COUNTY OF "fAX/RWERSEIVIINOLE Before me , a Notary Public , duly commissioned , qualified and acting, personally appeared Leslie M . Donahue , to me well known , who being by me first duly swom upon oath, says that he is the attorney- in- fact for the _RLI Insurance Company and that he has been authorised by RLI Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 10th day of November 2004 . ,,'*Y Pas Patricia t WNghlor My Commission CC1000138st`t. &A&A ut Expires March 31 2005 Patricia L . Slaughter, Notary Public , State of Florida My Commission Expires : March 31 , 2005 END OF SECTION 17800 Page 46 of 54 THE ATTACHED COVER PAGE AND TERRORISM RIDER FORM AND BECOME PART OF THIS BOND . Bond No . SSB373393 SECTION 17900 Executed in 3 Counterparts PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND, we The Watauga Company 4275 Capron Road Titusville , FL 32780 ( 321 ) 267-5785 as Principal ( Contractor) ( Insert name , principal business address , and telephone number of Principal/Contractor) and RLI Insurance Company 9025 N . Lindbergh Drive Peoria , Illinois 61615 (309 ) 692 - 1000 a corporation , as Surety, (Insert name , principal business address, and telephone number of Surety) are held and finally bound unto the CoulTty of Indian River, Florida, 1840 25 "' Street , Vero Beach , One Hundred Two Thousand , One Hundred Florida 32960, (772 ) 567 -8000 , in the sum of Eighty Seven and 50/ 100 ------------------------- Dollars ( S 102 , 187 . 50 ) , amounting to 100% of the total bid price. For the payment of said sum we bind ourselves , our heirs, executors , administrators and assigns , jointly and severally, for the faithful performance of a certain written Contract, dated the day of ' 20041 entered into between the Principal and the County of Indian River, for : Bond Number : SSB373393 Project Name : West Wabasso Park Pavilions Bid Number : 6085 Project Address : 8900 64'h Avenue Sebastian. Florida 3,958 _ . . Project Description : Construct two (2 ) laree Aavilions at West Wabasso Park A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein . NOW) THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void ; otherwise, this Bond shall remain in fall force and effect, subject to the following terms and conditions , Page 47 of 54 A . A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided for in said Contract, and is further defined in Section 713 . 01 of the Florida Statutes . B . The provisions of Section 255 . 05 Florida Statutes shall apply The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined , who has not been paid in full before the expiration of a period of ninety ( 90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant , prosecute the suit to final judgement for such sums or stuns as may be justly due claimant, and have execution thereon . The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit . No suit or action shall be commenced hereunder by any claimant : 1 , Unless claimant , other than one having a direct contract with the Principal , shall within forty five (45 ) days after beginning to furnish labor ; materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this Bond for protection . 2 . Unless claimant, other than one having a direct contract with the Principal , shall within ninety ( 90) days after such claimant 's performance of the labor or complete delivery of materials or supplies , deliver to the Principal and Surety written notice of the perfomiance of such labor or delivery of sucli material or supplies and the nonpayment therefore . 3 . After the expiration of one ( 1 ) year from the performance of the labor or completion of delivery of the materials or supplies ; it being understood, however, that if any limitation embodied in this Band is prohibited .hy any law controlling the construction hereof, such Iimitations shall be deemed to be amended , so as to he equal to the minimum period of limitation permitted by such law . 4 . Other then in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere . The Surety, for value received, hereby stipulates and agrees that no charge , extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto , shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change , extension of time , alterations of or addition to the terms of the Contract, or to the work or to the Specifications . The Surety represents and warrants to the County of Indian River that it has a Best ' s Key Rating Guide , General Policyholder' s rating of "A" and Financial Size Category of Class "X" . The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of India River. Page 48 of 54 The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses , damages, expenses, costs , and attomey ' s fces, including appellate procecdings, that the County olm Indian River sustains because of a default by the Principal under the Contract . IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals, this day of , 2004, the name and corporate sea) of each corporate party being hereto affixed acid these presents duly signed by its undersigned representative, pursuant to authority of its governing body , vessels Rose less s ■ 1 1 f ■ f • • s ■ ■ • ■ ■ ■ ■ r • , ■ ■ ■ ■ ■ ■ s . ■ ■ . ■ • f ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • • f ■ ■ ■ ■ . ■ ■ ■ . ■ ■ . ■ • WHEN TIRE PRINCIPAL IS AN INDIVIDUAL ; Witness Signature of Individual Address Printed Name of Individua) Witness Address WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES NDER A TRADE NAME : Signed, sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address ■ ■ ■ ■ ■ ■ . . r ■ . • ■ ■ • rr ■ ■ ■ ■ ■ ■ . ■ af ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ f ■ f ■ rf ■ f ■ ■ f ■ ■ • ■ f ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ ■ r ■ ■ ff ■ ■ f ■ ■ ■ ■ ■ f ■ ■ ■ Page 49 of 54 WHEN THE PRINCIX' AJ, IS A PARTNERSHIP , Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness ( SEAL) Address r • rrrr ■ rrrrrrrrrrrw ■ rrrrrrr ■ rwrrrrrrrrrrrrrrr . • rwr • ww • r • . . r . . r rrrr rrr � r . rrrr r . r . rr WHEN THE PRINCIPAL IS-A CORPORATION : Atte L nn A . Snodg ss The Watauga Co y Secretary N a Corporation ( ff Corporate SI Ge Jason L . Snodgrass -,., 1. , ffi Printed Name777 _, Vice President Official Title CERTIFjCATE AS TO C0RPQRA7rbE L I Lynn A . Snodgrass certify that I am the Secretary of the corporation named as Principal in the within bond ; that Jason L . Snodgrass who signed the said bond on behalf of the Principal was then Vice President of said corporation : that I know his signature , and his signature thereto is genuine ; and that said Bond was duly signed, sealed and attested for and on4alfaid corporation by authority of its governing body. L n n Secretary (SEAL) Page 50 of 54 TO BE EXECUTED BY CORPORATE Sr TY: Attest : �a 5 Ru RLI Insurance Company Secretary Susan L . Reich Corporate Surety 9025 N . Lindbergh Drive Peoria , Illinois 61615 Business Address BY : ccJtr/ (Affix Corporatg.. SEAL ) Leslie M . Donahue Attomey- In-Fact & AL Residgnt Agent Florida Surety Bonds , Inc. Name of Local Agency 417 CenterPointe Cr. Suite 1701 Altamonte Springs , FL 32701 (407) 786-7770 Business Address STATE OF FLORIDA COUNTY OF IIIA' /d4W/ER SEMINOLE Before me , a Notary Public, duly commissioned , qualified and acting, personally appeared Leslie M . Donahue to me well known , who being by me first duly sworn upon oath , says that he is the attorney4n4act for the RLI Insurance Company and that he has been authorized by RLI Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 10th day of November 2004 . NAY jN POtie L Slaughter * commission CCI=13e a0W ExpiresMerch3l 2005 Patricia L . Slaughter, Notary Public, Sty a of Florida My Commission Expires : March 31 , 2005 END OF SECTION 17900 Page 51 of 54 TERRORISM RIDER NOTICE - FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act,"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is S 1 .00 COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond . This bond will not pay for any portion of certified terrorism Ioss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. RL ' RLI surety POWER OF ATTORNEY A Division of RLI Insurance Company P.O. Box 3967 Peoria, IL 61612-3967 Phone : 309-692- 1000 Fax: 309-692-8637 RLI Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: JEFFREY W . REICH SUSAN L . REICH KIM E. NIV TERESA L. ROBINSON LESLIE M . DONAHUE PATRICIA L. SLAUGHTER J. GREGORY MACKENZIE DEBORAH MAHL WALTER N . MYERS JOINTLY OR SEVERALLY in the City of Altamonte Springs , State of Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($ 10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit : "All bonds, policies , undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize . The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile . " IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its President with its corporate seal affixed this 29th day of October , 2004 J�pNC 1.1p� E ;`� •, • . bio=; RLI Insurance Company Zj GoVkP0RA ?-0 State of Illinois = S E A LBy: '� :• r° Jonat n E. c ael President County of Peoria SS t1N0 �`' CERTIFICATE On this 29th day of October 2004 before me, a Notary Public, personally appeared Jonathan E. Michael who I, the undersigned officer of RLI Insurance Company, a stock being by me duly sworn, acknowledged that he signed the above Power of corporation of the State of Illinois, do hereby certify that the attached Attorney as the aforesaid officer of the RLI Insurance Company and Power of Attorney is in full force and effect and is irrevocable; and acknowledged said instrument to be the voluntary act and deed of said furthermore, that the Resolution of the Company as set forth in the Power corporation. of Attorney, is now in force . In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this day of By. 2r�ovc RLI Insurance Com an Jacque ne M. Bockler Notary Public p y tNCTAar "OFFICIAL SEAL" By: BLIC r JACQUELINE M . BOCKLER Jonat an E. is ael PresiTE OFMOM COMMISSION EXPIRES 03/01 /06 0922656030106 A0059D03 INNOV- 12 - 2004 FRI 12 ' 43 PIS FAX NOr Pr 01 _ C _ ient # : 34319 WAIco AJ2 Moo CERTIFICATE 4F LIABILITY INSURANCES 11/12/04 PRCOUCER -! THIS CERTIFICATE IS ISS' JED AS A MATTER OF INFORMATION BrC �AIn & Brown , znc . - Melbcurne ONLY AND CONFERS t+ .0 RIGHTS UPON THE CERTIFICATE 6 7 5 7 �1 . W i. c k ham nc Suite 214 HOLDER . THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Melbourne , IFLJ 32940 -- 2024z INSURER: E AFFORDING COVERAGE 321 757 - 8686 _ - NSJREo l INSURER A.' Amers sure Mutual Ins . Co . The Watauga Company INSURER B: 4275 Capron. Ro <:Ld INSURER C : Titus'Ville , 1432 ;E80 - 6554 INSJRERD INSURER E: ` COVERAGES THE PG_ IC! ES OF INSURANCE LIS-�D B .LOVJ HAVE BEEN ISSUED TO THE kIVSURED NAMED ABOVE FOR THE POLICY PEFIOD INDICATED . NCTWITHSTANDING ANY REQUIREMENT, TEEM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , 71 Hr= INSURANCE AFFORDED BY THE POLICIES DESCRIBED LEREIN IS SLEJECT TO A'_L THE TERMS , EXCLUSIONS AND CON' D TIONS OF SUCH POLICIES A' _AC,GREG fF LIN. II S SHOWN MAY HAVE BEEN R_DUCED BY PNO CLAIMS. I `Tp PDLIGY ExFECTIVE ' POLICY EXPYRATI N LIMITS TYPE CFINSUIIANCE POLICY NUM9ER DATE/(I� M1D_.D/YYl SATE MM/DDN �, OENERALLIABILI , Y C I) 20109210 GO / / 01 / 04 06 01f 01 ) EAC- OCCURRENCE 1 $ 5001 C00 COM MEf1C1+1L CFN " TA'_ LIABILE'El� FFFE )AMAGE (Any one lire) $ 'j C r 000 CLAIMS MAI%E X OCCUR NED :XP (Any one person $ I Cr , 000 X ' P 0 I) ed : 2 C7 O PERSONAL & ADV INJURY $ 5.q 0 , P 0 0 j ' GENERAL AGGREGATE 1 $ 1 , 000 , OOC GEN 'L A3Gt4ECA1'L' LIM I'1 Af�PLi [ S PEFI ', 1 PRODUCTS - COMPIOP AGG $ 1 , 0 0 0 , .000 FFO • _ ���� A AUTOMOI LIAR11TV CA2 010 919 0 0 0 0 0 0 C6 / C11 / 04i06 / 01 / 05 cOM 3INED SINGLE LIMIT $ 50C 000 (Ea axidenl) X ANY AU I.0 ALL. OVJNF D AUT OS BOO LY INJUFY S SCHFOIJ0L) AUIOS (Pzrp rsanJ X 11IREDAUI'0S BOO LY INJURY S (Per ICC dent) X NON•OWNL.D AU roS jPROPERTY DAMAGE $ j - (Per accident , AUT) CNLY • EA. ACCIDENT S GARAGE LIABILITY , ANYAUTOOTHER THAN EA ACC $ AUTDONLY. AGG S A Excess uABIUTv�T CU2 010 9 2 3 0 6 / G l / 0 4 0 6 / 0110 5 A HocCURRENGE $ 2 , 000 , OGO OCCUI'i CLAIEhS MADE AGGREGATE 0 0 0 $ DEDUCTIBLE I i $" X ' RETENTION _ 110000 S +- WC STATU- OTH- WORKERS COMPENSATION AND - TORY LIMIT'S _ ! ER I . EMPLOYERS' LJA8ILITY E L EACH ACCIDENT � $ I E L. DISEASE - EA E=MPLOYEE+ $ E. L. DISEASE . PO_ ZYLIMIT 1 $ F, oTHEfi�C" or;mercl. al I. CPP20109210 C6 /T01 / 04 05 / 01 / 05 DESGRiPTIO,N OF CPERATIONS/LOCATIONSYEHIC, ES/EXOL'USIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holde :c ie named as additional insured with regard to liability coverage ATIMA re : Project : Bld # 6085 , West Wa^ basso Park Pavilions CERTIFICATE HOLDER X i ADDITIONAL INSURED ; INSURERLETTER: CANCELLATION SH OULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION z. ss _ oners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO Board C7 County Comm ' DAYSWRITTEN 840 25t1: Street NOTICE70TH £ CERTIFICATEHO .DERNAAIEDTOTHELEFT, B 'JTFAILURETODOSOSHALL Vero Beach , FAL 32960 - 3365 Jjil POSE NO OBLIGATION OR LIABILITY OV ANY KND UPON TH E IkSUPER,ITS AGENTS OR HEPRESENTATIVES. Attn : G , Sean McGuire , P . E. AUTHORIZED REPR SENTA VE ACORD 25-S (7197) 1 (D f: 2 4112547 MC4 © ACORD CORPORATION 198E 11 / 11 / 04 THU 13 . 20 FAX 3213634523 J W Edens Agency Z002 CERTIFICATE OF LIABILITY INSURANCE DATE 11 /DD/YYYYa rRER ( ,321) 38:3 - 4554 11/11/2004 Edens a C( FAx C321) 383 - 4523 THISISSUED AS A MATTER OF INFORMATION aLLpany , .Inc . ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE Box 278 HOLDER, THIS CERTII 'ICATE DOES NOT AMEND, EXTEND OR sville , FL 32781 -0278 ALTER THE COVERA NE AFFORDED BY THE POLICIES BELOW. INSURED Watauga Drapany T e INSURERS AFFORDING COVERAGE NAIC # 4275 Caprl�n Road INSURER A: FCCT Insurance Company 10178 Titusvillla INSURER JS; Zurich FL 327806554 INSURER C; INSURER D: INSURER E: THE POLICIES OF {INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH13 POLICY PERIOD INOtCATED. NOTWaTHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T> NS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRBED HEREIN IS SUBJECT TO ALL THE TERMS , I_XCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR DD' TYPE Of INSURANCE POLICY NUMBER POLICY EFFECTIVE P EXPIRATION GENERAL LIABILITY ` LaMITS COMMERCIAL GENERAL LIABILITY EAC H OCCURRENCE $ CLAINKS MADE a OCCUR OMIAGE TO RE E $ MEC) EXP (Anyone person) $ PERSONAL & ADV INJURY $ 3EN'L AGGREGATE LIMIT APPLIES PER; OUERAL AGGREGATE 5 POLICY PRC.JECT LOC PRODUCTS • COMP/OPAGG IS AUTOMOBILE LWBtLITy ANY AUTO CON BINDISWGLELIMIT $ ALL OWNED AUTOS SCHEOULED AUTOS ROD LY INJURY HIRED AUTOS O'er Ix(wn) S NON-OVVNECPAUTOS D; , YJ J RY � s ofyYJent) �— PROa ERTY DAMAGE $ GARAGE LIABILITY t) ANY AUTO AUTO ONLY - EA ACCIOENT $ OTHER THAN EAACC S EXCESSA}aIISRELIALIABILITY AUTO ONLY: AGG S OCCUR F1 CLAIMS MADE EACH OCCURRENCE $ AGGFSGATE S DEDUCTIBLE: y RETENTIONWORKES S EMPLOYESRS� B COMPENSATION AND 20737 -001 01/01/7004 01/01/2005CTI} S IVC STATU• X A ANY PROPRIETORTARTNER+EXECUTNE OFFICER/MEMBER EXCLUDED? E.L. EACH ACL. 10ENT S SUU , UU I yyas, AL WbePRO Under E.L. DISEASE • EA EMPLOYE ' $ ._ _ 500 00 SPECIAL PROVISIONS below E .L. DISEASE - POLICY LIMIT $ 504 r DO B ulider ' s Risk SEE POLICY INFO BELOW 08/18/2004 08/18/2005 $ 10(1 , 000 Property Coverage per Policy - $ 1000 Deductible DESCRIPTION OF OPEI'�ATIONS I LOCATIONS / VEHICLl I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS SHOULD ANY OF TFIE ABOVE DE.S„RIBED POLICIES BE CANCELLED FORE THE EXPIRATION DATE THEREOF, THE ISSUINO INSURER WILL ENDEAVOR TO MAIL Indian Ri Ve r' County 10 DAYS WRITTEN NOTICE T9 ) THE CIRTIFICATE HOLDER NAMED TO THE LEFT, Board of County ComM ss i one rs BUT FAILURE TO MAIL SUCH NOTI;E SHALL, IMPOSE NO OBLIGATION OR LIABILITY 1840 25th street OF ANY KIND UPON THE INSURER, ITS AGENITS OR REPRESENTATIVES. Vero Beach , FL 32960 AUTHORIZED Ri°PRBSENTATIVE Timoth Field " f ACORD 25 (2004108) t� ©ACORD CORPORATION 1998 11 ! 11 / 04 THU 13 : 21 FA-1 3213534523 J W Edens Agency 0003 i FretuM nd Marine Declarations and INLAND MARINE DECLARATIONS `— ment, if any, Issued to forme ( �%Nmas "`" """ Partreof, 1�mpletes the Commercial " 19 e Policy numbered as follows : BR 60492628 i `-== C •p ZURICH Poliicy ASSURANCE COMPANY OF AMERICA ewal of NEW PORI(, NEW YORK 10038 rite ofA Stock Company for the payment of the premium, and subject to all the terms of this 2 . Producer Information (complete A- E ) , e agree with you to provide the insurance as stated in this policy. THIS IS A COINSURANCE CONTRACT. Please read your policy. A} Name : I . Named insured and Mailing Address : J • W Edons & Company, Inc. The Watauga Company 758 Country Cluj Drive 4275 Capron Road Titusville, FL 32780 B) Telephone #: 321 -383-4554 Titusville , Fl. 32780-6554 C) Fax # : 321 -0 : 83=4523 3 . Policy Period – From Effective Date Of: 11 i 1 2004 D) Zurich Producer #: 12782900 to (check one): ❑ Continuous Reporting E) Reid Office One Year From Effective date F) Field Office Coder SD SOUTHEAST FLORIDA 12 :01 a . m. Standard Time at your mailing address above. 4. Form of Suslnes3: 0 Individual ❑ Partnership 3 Corporation ❑ Joint V3rture 5. Limits of Insurance (select either One-Shot or Reporting Form option below) Other ❑ Reporting Form (continuousolio P Y) 9 One -Shot (non-reportinll formisingle structure policy) HBIS-1 ❑ Annual Rate ❑ Monthly Rate (HSIS4) O 1 ' 12 Family Dwelling 91 Commercial Structure ❑ including Existing Building or Structure (HBIS-37) ❑ including Existing Buiidi lg or Structure {HB15�7) A) Any one structure' 11500, 0007 Property Location 8900 54th Avenue B ) Property temporarily at $ 1 , SOQ, 000 Sebastian , Fl. 326158 any other premises A) Any one structure $ _ 100 .000 C ) Property in transit $ 10 , 000 8 ) Property temporarily at $ 25, 000 an other remises D} All covered property C) Property in $ 10 ; 000 at all locations $ 5 ,000,000 D ) All covered Property $ 25 , 000 E) DeveiopmenVSubdivisicn Fences/Walls at all locations (same or Signs as A unless otherwise rioted ) $ ` X00 000 Per Report E) Development/Subdivision Fences/Walls L F) Rate or Signs $ ` l G) Premium Per Report F ) Raate 0 H} Tax (applicable In KY only) Per Report G) Premium $ _�00 Per Report H) Tax (applicable in KY only) $ 0.00 Total Fully Earned Policy Premium Per Report 1 ) Total Fully Earned Policy Premium $ Subject to undenn hVhg guidelines — (minimum premium applicable) 350. 00 6 . Deductible (minimum $WO unless otherwise Indicated): 99 $ 1 rODO ❑ $2, 500 ❑ $5, D00 "rJ Other . 7 . Forma Applicable To All Coverage Parts : M 40471 Builders Risk Coverage Form 1047681 Comm . Inland Marine Coverage Part ® HBIS-42 Florida Fraud Statement ® Comm . Inland Marine Covera ns 13 HBIS-43 Windstorm ; 'ercen :age Deductible ® 11_0017 Common Policy Conditions ( IL0146 in WA) E3 HBiS-44 New York Fraud Statement El Development/Subdivision Walls/Fences/Signs forms ; all required state forms aOther Forma: (list other arms a plicable) state andlor HBIS 9 9H0003 Florida Builders Risk Declarations ppl ❑ HBIS-35 Windstorm or Hall Exclusion HRIS- ate fin_�Tr� IZ5 0A--- Rrs�S c^ rlant � ❑ HBIS-37 Existing Buildlyal's ) r Structure(s ) J�lsd7 tI "r � I_ � � Countersigned : . / Date BY• C� i=lam FM 170001 Rev. 07/00 Author] k Representative INSURED COPY MORTGAGEES COPY AGENT COPY BLILL )ERS FJSK PLAN Copy 11 / 11 ! 09 THU 15 : 22 FAX 32138 .34523 J W Edens Agency Ij004 This certfficatO is provfded as evidence of insurance under policy # BR60492628 of the coripany named herein. Mortgagee Information : Name: The Watauga Company Address 1 : 4275 Capron Road Address 2 : City: 71tusville State: FL Zip: 32780 Insured Information : Name : The Watauga Company Address 1 : 4275 Capron Road Address 2 , City : Titusville State: FL Zip : 32780 Amount of Coverage Per Building (Completed Value) : $ 100 ,000 Premium : $350. 00 Effective Date : '11 /11/2004 Term : 12 Months Description and Location of Property to be Insured : Paviilion at 89M 64th Avenue, Sebastian , FL 32958 Bid # 6085 West Wabasso Park Pavillions Owned by: Indian River County Board of County Commissioners 1840 25th Street, Vero Beach , FL 32960-3365 This is to certify that the above Is an Insured under a builders risk policy issued by a company of The Maryland Insurance Group, covering property Identified above from the Inception date shown , subject to 4111 terms and conditions contained in the policy. Insurance as provided under the aforementioned policy Is subject to all terms, conditions and limitations thereof and shall in no event extend beyond date of termination of the insured 's interest in the articles described herein . 0 Date Authorized Agent Agency Producer Number: 12782900 Agency Name: J. W. Edens & Company, Inc. Mailing Address: 758 Country Club Drive City : Titusville State : FL Zip Code: 32780 WARNING This Certificate Is Issued to protect the mortgagee only. Under the terms of the insured's policy , in; ured agrees to report all starts and pay the appropriate premium to Builders Risk Plan, P. O . Box 631795 , Atlanta , GA 31193- 1705. Insured must report all starts shown on this certificate prior to the end of the next month . If insured doers not report within this time pe r1od, the insured will not be covered . Insureds should check with their Zurich Insurance Services agent to make sure they understand the reporting requirements.