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H 0 z tL .d- Z U z F- TERMS AND CONDITIONS — PART 1 AGREEMENT ARTICLE 1 DESIGN/BUILDER § 1 . 1 SERVICES § 1 . 1 . 1 Preliminary design , budget , and schedule comprise the services required to accomplish the preparation and submission of the Design/Builder's Proposal as well as the preparation and submission of any modifications to the Proposal prior to execution of the Part 2 Agreement . § 1 . 2 RESPONSIBILITIES § 1 . 2 . 1 Design services required by this Part 1 Agreement shall be performed by qualified architects and other design professionals . The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design/Builder. § 1 . 2 . 2 The agreements between the Design/Builder and the persons or entities identified in this Part 1 Agreement , and any subsequent modifications , shall be in writing . These agreements , including financial arrangements with respect to this Project , shall be promptly and fully disclosed to the Owner upon request . § 1 . 2 . 3 Construction budgets shall be prepared by qualified professionals , cost estimators or contractors retained by and acting in the interest of the Design/ Builder. § 1 . 2 . 4 The Design/Builder shall be responsible to the Owner for acts and omissions of the Design/Builder's employees , subcontractors and their agents and employees , and other persons , including the Architect and other design professionals , performing any portion of the Design/Builder's obligations under this Part 1 Agreement . § 1 . 2 . 5 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law , the Design/Builder shall notify the Owner in writing . Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate any applicable law . § 1 . 2 . 6 Nothing contained in this Part 1 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder. § 1 . 3 BASIC SERVICES § 1 . 3 . 1 The Design/Builder shall provide a preliminary evaluation of the Owner's program and project budget requirements , each in terms of the other. § 1 . 3 . 2 The Design/Builder shall visit the site , become familiar with the local conditions , and correlate observable conditions with the requirements of the Owner' s program , schedule , and budget . § 1 . 3 . 3 The Design/Builder shall review laws applicable to design and construction of the Project , correlate such laws with the Owner' s program requirements , and advise the Owner if any program requirement may cause a violation of such laws . Necessary changes to the Owner's program shall be accomplished by appropriate written modification or disclosed as described in Section 1 . 3 . 5 . § 1 . 3 . 4 The Design/Builder shall review with the Owner alternative approaches to design and construction of the Project. § 1 . 3 . 5 The Design/Builder shall submit to the Owner a Proposal , including the completed Preliminary Design Documents , a statement of the proposed contract sum , and a proposed schedule for completion of the Project . Preliminary Design Documents shall consist of preliminary design drawings , outline specifications or other documents sufficient to establish the size , quality and character of the entire Project , its architectural , structural , mechanical and electrical systems , and the materials and such other elements of the Project as may be appropriate . Deviations from the Owner's program shall be disclosed in the Proposal . If the Proposal is accepted by the Owner, the parties shall then execute the Part 2 Agreement . A modification to the Proposal before execution of the Part 2 Agreement shall be recorded in writing as an addendum and shall be identified in the Contract Documents of the Part 2 Agreement . § 1 .4 ADDITIONAL SERVICES § 1 .4 . 1 The Additional Services described under this Section 1 . 4 shall be provided by the Design/Builder and paid for by the Owner if authorized or confirmed in writing by the Owner. § 1 . 4 . 2 Making revisions in the Preliminary Design Documents , budget or other documents when such revisions are : A inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner' s program or Project budget; . 2 required by the enactment or revision of codes , laws or regulations subsequent to the preparation of such documents , or . 3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. § 1 .4 . 3 Providing more extensive programmatic criteria than that furnished by the Owner as described in Section 2 . 1 . When authorized , the Design/Builder shall provide professional services to assist the Owner in the preparation of the program . Programming services may consist of: A consulting with the Owner and other persons or entities not designated in this Part 1 Agreement to define the program requirements of the Project and to review the understanding of such requirements with the Owner; . 2 documentation of the applicable requirements necessary for the various Project functions or operations ; . 3 providing a review and analysis of the functional and organizational relationships , requirements , and objectives for the Project ; A setting forth a written program of requirements for the Owner' s approval which summarizes the Owner's objectives , schedule , constraints , and criteria . § 1 .4 .4 Providing financial feasibility or other special studies . § 1 .4 . 5 Providing planning surveys , site evaluations or comparative studies of prospective sites . § 1 .4. 6 Providing special surveys , environmental studies , and submissions required for approvals of governmental authorities or others having jurisdiction over the Project . § 1 .4 . 7 Providing services relative to future facilities , systems and equipment . § 1 .4 . 8 Providing services at the Owner' s specific request to perform detailed investigations of existing conditions or facilities or to make measured drawings thereof. § 1 .4 . 9 Providing services at the Owner' s specific request to verify the accuracy of drawings or other information furnished by the Owner. § 1 .4 . 10 Coordinating services in connection with the work of separate persons or entities retained by the Owner, subsequent to the execution of this Part 1 Agreement . § 1 .4. 11 Providing analyses of owning and operating costs . § 1 . 4. 12 Providing interior design and other similar services required for or in connection with the selection , procurement or installation of furniture , furnishings and related equipment . § 1 .4 . 13 Providing services for planning tenant or rental spaces . § 1Awl 4 Making investigations , inventories of materials or equipment , or valuations and detailed appraisals of existing facilities . ARTICLE 2 OWNER § 2 . 1 RESPONSIBILITIES § 2 . 1 . 1 The Owner shall provide full information in a timely manner regarding requirements for the Project , including a written program which shall set forth the Owner's objectives , schedule , constraints and criteria . § 2 . 1 . 2 The Owner shall establish and update an overall budget for the Project , including reasonable contingencies . This budget shall not constitute the contract sum . § 2 . 1 . 3 The Owner shall designate a representative authorized to act on the Owner' s behalf with respect to the Project . The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design/Builder in order to avoid unreasonable delay in the orderly and sequential progress of the Design/Builder' s services . The Owner may obtain independent review of the documents by a separate architect , engineer, contractor, or cost estimator under contract to or employed by the Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay the orderly progress of the Design/Builder's services . § 2 . 1 . 4 The Design/Builder Owne shall furnish surveys describing physical characteristics , legal limitations and utility locations for the site of the Project , and a written legal description of the site . The surveys and legal information shall include , as applicable , grades and lines of streets , alleys , pavements , and adjoining property and structures ; adjacent drainage ; rights-of-way, restrictions , easements , encroachments , zoning , deed restrictions , boundaries and contours of the site ; locations , dimensions and necessary data pertaining to existing buildings , other improvements and trees ; and information concerning available utility services and lines , both public and private , above and below grade , including inverts and depths . All the information on the survey shall be referenced to a Project benchmark . § 2 . 1 . 5 The Design/Builder QWRe shall furnish the services of geotechnical engineers when such services are stipulated in this Part 1 Agreement , or deemed reasonably necessary by the Design/Builder. Such services may include but are not limited to test borings , test pits , determinations of soil bearing values , percolation tests , evaluations of hazardous materials , ground corrosion and resistivity tests , and necessary operations for anticipating subsoil conditions . The services of geotechnical engineer( s ) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations . § 2 . 1 . 6 The Owner shall disclose , to the extent known to the Owner, the results and reports of prior tests , inspections or investigations conducted for the Project involving : structural or mechanical systems ; chemical , air and water pollution ; hazardous materials ; or other environmental and subsurface conditions . The Owner shall disclose all information known to the Owner regarding the presence of pollutants at the Project's site . § 2 . 1 . 8 The Owner shall promptly obtain easements , zoning variances and legal authorizations regarding site utilization where essential to the execution of the Owner's program . § 2 . 1 . 9 Those services , information , surveys , and reports required by Sections 2 . 1 . 4 through 2 . 1 . 8 ( except for § 2 . 1 . 7 ) which are within the Owner's control shall be furnished at the Owner's expense , and the Design/Builder shall be entitled to rely upon the accuracy and completeness thereof, except to the extent the Owner advises the Design/Builder to the contrary in writing . § 2 . 1 . 11 The Owner shall communicate with persons or entities employed or retained by the Design/Builder through the Design/Builder, unless otherwise directed by the Design/ Builder. ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA § 3 . 1 The Design/Builder's Architect and other providers of professional services shall retain all common law , statutory and other reserved rights , including copyright in those instruments of service furnished by them , except the Owner shall have the right to reuse the instruments for construction of additional softball fields . , and other dOGUFFIeRts and eleGtroRiG data aFe fL1FRished fGF 1:16e 691ely With FespeGt to t The Owner shall be permitted to retain copies , including reproducible copies , of the drawings , specifications , and other documents and electronic data furnished by the Design/ Builder for information and reference in connection with the Project except as provided in Sections 3 . 2 and 3 . 3 . Notwithstanding the above , the Owner intends that the documents , drawings , plans , specifications and electronic data are intended to be reused at some future time . Pursuant to FS 287 . 055 ( 10 ) the documents and plans shall contain notice to the public that the plans are subject to reuse . § 3 . 2 If the Part 2 Agreement is not executed , the Owner shall not use the drawings , specifications , and other documents and electronic data furnished by the Design/Builder without the written permission of the Design/Builder. Drawings , specifications , and other documents and electronic data shall not be used by the Owner or others on other projects , for additions to this Project or for completion of this Project by others , except by agreement in writing and with appropriate compensation to the Design/Builder, unless the Design/ Builder is adjudged to be in default under this Part 1 Agreement or under any other subsequently executed agreement , or by agreement in writing . § 3 . 3 If the Design/Builder defaults in the Design/Builder' s obligations to the Owner, the Architect shall grant a license to the Owner to use the drawings , specifications , and other documents and electronic data furnished by the Architect to the Design/Builder for the completion of the Project , conditioned upon the Owner' s execution of an agreement to cure the Design/Builder' s default in payment to the Architect for services previously performed and to the extent allowed by law, indemnify the Architect with regard to claims arising from such reuse without the Architect's professional involvement . § 3 .4 Submission or distribution of the Design/Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Section 3 . 1 . ARTICLE 4 TIME § 4 . 1 Upon the request of the Owner, the Design/Builder shall prepare a schedule for the performance of the Basic and Additional Services which shall not exceed the time limits contained in Section 10 . 1 and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project . § 4 . 2 If the Design/Builder is delayed in the performance of services under this Part 1 Agreement through no fault of the Design/Builder, any applicable schedule shall be equitably adjusted . ARTICLE 5 PAYMENTS § 5 . 1 The initial payment provided in Article 9 shall be made upon execution of this Part 1 Agreement and credited to the Owner's account as provided in Section 9 . 1 . 2 . § 5 . 2 Subsequent payments for Basic Services , Additional Services , and Reimbursable Expenses provided for in this Part 1 Agreement shall be made in accordance with the • • • • ♦ i • AM a up All AN All a ♦ • • • .up • WINSIOITIQ a • • 1 —LWAIM — — lHWI • 11 • 1i I TI \ a'WWAI III _ _ up OF IF IF At All • • • • • • • ImL w AN IF OF IF 0 IF • • ' • ' • • . • - • • • • MIN • mk Ah - W LWEMWLW7&W Wl RIF W- • OR - ■ . N All ♦ . Al w2r2r.w.wrME Ab OF W III OF Air ■ - All A 111 11 111 11 111 111 1 All m raw III W AM AL MAN WYM W RIP RIP ♦ . ■ ♦ . IF WIMWAR% &W &qLWAMMWAW \ - a ALL Am Iif Ae W OF up up iw w 10 III ♦ ■ . \ . slow ma jurisdiGtion efeofe may be eRteFed upon it OR aGG0FdaRGe with appliGable law in aRY Geuirt having This agreement shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by any party arising from this agreement shall be in Indian River County , Florida or in the event of federal jurisdiction the US District Court for the Southern District of Florida . ARTICLE 7 MISCELLANEOUS PROVISIONS the plaGe where the PrejeGt ' S IOGated . § 7 . 2 The Owner and the Design/Builder, respectively, bind themselves , their partners , successors , assigns and legal representatives to the other party to this Part 1 Agreement and to the partners , successors and assigns of such other party with respect to all covenants of this Part 1 Agreement . Neither the Owner nor the Design/Builder shall assign this Part 1 Agreement without the written consent of the other. § 7 . 3 Unless otherwise provided , neither the design for nor the cost of remediation of hazardous materials shall be the responsibility of the Design/Builder. § 7 . 4 This Part 1 Agreement represents the entire and integrated agreement between the Owner and the Design/Builder and supersedes all prior negotiations , representations or agreements , either written or oral . This Part 1 Agreement may be amended only by written instrument signed by both the Owner and the Design/Builder. § 7 . 5 Prior to the termination of the services of the Architect or any other design professional designated in this Part 1 Agreement , the Design/Builder shall identify to the Owner in writing another architect or design professional with respect to whom the Owner has no reasonable objection , who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated . ARTICLE 8 TERMINATION OF THE AGREEMENT § 8 . 1 This Part 1 Agreement may be terminated by either party upon seven ( 7 ) days ' written notice should the other party fail to perform substantially in accordance with its terms through no fault of the party initiating the termination . § 8 . 2 This Part 1 Agreement may be terminated by the Owner without cause upon at least seven ( 7 ) days' written notice to the Design/Builder. § 8 . 3 In the event of termination not the fault of the Design/Builder, the Design/Builder shall be compensated for services performed to the termination date , together with Reimbursable Expenses then due and Termination Expenses , Termination Expenses iii O Y U �tCIO 0 ao No O N p Co (a cL p e_ QO C �O p L VIENNA =3 CD Loss � Q L a) `t F ca ca ARM (a m fa _1�2 - O mommom wo =0 END LM cm) 4mmm (ocu 0 3: No WINONA C: VIENNA LU C: > cu Q � O ca O (a � O N cn a) co i6 -Q O O - - Q Q) NEC U Co 'O (L) C ++ ++ sommil Ll caSETPUS a? ca 3EVEN ca C ca —C: VIENNA 0mc NEa (ocu cu Q .Q IN m No 3 VIENNA 4mmom 3= a) cu rc E � oo62� %oEaoi3iai �O U o aO ca . 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N a) O i U C eee + t E - u O vi = O CL 3 a ca s LIV Ile � O cox (D ote MY m p ca SIMMEN IL) w = m a? U) fto a� CD O U U O O r VILOI vl` �O cuY ,, r L 0) �F r1 O U N V� O cv � ir= > Vr► S ST cu � N O � ,s fa W4 - c � ma dm w i co G 1 . Q Q Y U J 7 h -� m ° m mw � o co Dan cc d � O Lamm Z � U 4mmmwC_9 ro _Dammam v � o 2 'c� � � (0 N ) a (D � a _ 3 • ` 0 . Q (Dan 0 le `. �Q�S• . . •"`%-%< m Q U m Q vii co ; �\• :t !ate co 4 •�! cn � • � • • P�Q�ts C C C O TTTTmaw :may it L O) Q Z SIMMER Mac o m me vSilo BRACH ADDENDUM NO. 2 ITEMIZED BID SCHEDULE FOR VERO BEACH SPORTS VILLAGE QUADRANGLE SOFTBALL FIELDS PROJECT NO. 1105-RFP NO. 2011035 OFFEROR NAME : BILL BRYANT & ASSOCIATES, INC . Item No . Description Quantity Unit Unit Price Amount Concession/Press Box/Bathroom Building (not including 1 concession equipment 1 LS $ 273, 969.00 $ 2739969. 00 4 (four) softball fields, complete, ready for play (including irrigation , sod , clay, fencing (with 12' 2 wide gates) , dugouts , etc.) 1 LS $ 8081580.00 $ 808, 580.00 3 Sports lighting for 4 softball fields 1 LS $ 3731260.00 $ 373 ,260.00 4 Excavation , embankment, grading , stabilization 1 LS $ 249 , 331 .00 $ 249, 331 .00 5 Sidewalk, 6" thick concrete 1 LS $ 125 , 000.00 $ 125 ,000. 00 Bahia sod (all disturbed aWREAS including 6 retention pond slopes) 1 LS $ 43 ,000 .00 $ 43 , 000. 00 Aluminum bleachers (5 rows, 50 person 7 capacity) 16 EA $ 21184.37 $ 34 , 950 .00 8 Concrete picnic pavilions (10' x 20) 4 EA $ 7, 000. 00 $ 28 , 000. 00 9 Ddisabled parking area 1 LS $ 71508 .00 $ 71508 . 00 10 Dumpster pad and enclosure 1 LS $ 15,000 .00 $ 15 ,000. 00 11 Clay storage bin 1 LS Inc Inc. 12 IPA systems (4) 1 LS $ 14 ,420. 00 $ 141420.00 13 Landscaping 1 LS $ 190776. 00 $ 19 , 776. 00 14 Scoreboards 4 EA $ 15 ,021 .00 $ 60 ,084. 00 Portable game mounds, true pitch , 6" height or 15 equal) 4 EA $ 746. 75 $ 21987. 00 Portable practice mounds, true pitch , 6" height 16 (or equal) 8 EA $ 746.63 $ 5 ,973. 00 17 1 Batting cages 8 EA $ 33859.50 $ 30 ,876 . 00 18 Drainage (complete) 1 LS $ 21 , 321 . 00 $ 21 , 321 . 00 19 Concession equipment 1 LS $ 31 , 106.00 $ 31 , 106 .00 20 Public construction bond 1 LS $ 241226.00 $ 24 ,226 .00 21 Design survey, permit fees, inspection fee, etc 1 LS $ 117 ,214 . 00 $ 117 , 214. 00 22 As built drawings 1 LS $ 4 , 000.00 $ 41000.00 23 Mobilization 1 LS $ 113 ,275. 00 . $ 1131275.00 24 Clearing and grubbing 1 LS $ 47 , 000.00 $ 471000. 00 Common are3 and parking area light (including 25 up lighting for flag pole) 1 LS $ 11 , 500.00 $ 11 ,500. 00 Irrigation (modification of existing irrigation as needed due to proposed construction of fields 26 and facilities) . 1 LS $ 32 , 500.00 $ 32 , 500. 00 Three phase transformer concrete pad (See 27 Exhibit G for details) 1 LS Inc. Inc. 28 Water distribution system 1 LS $ 261888.00 $ 26 , 888 . 00 29 Sanitary sewer collect6tion system . 1 LS $ 43,800.00 $ 431800400- 30 Concrete water fountains (no refrigeration) 14 EA $ 21000 . 00 $ 28 ,000 .00 VERO BEACH SPORTS VILLAGE QUADRANGLE ITOTAL $ 23593 , 544 .00 LS= Lump Sum EA=Each TOTAL BID AMOUNT: $2 , 593 ,544.00 TOTAL BID AMOUNT (IN WORDS) Two Million Five Hundred and Ninety Three, Five Hundred and Forty Four Dollars and Zero Cents. Bill Bryant & Associates, Inc. STATE CERTIFIED GENERAL CONTRACTORS 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: 4075107 CONTRACTOR NAME: Bill Bryant & Associates , Inc . THIS DOCUMENT HAS BEEN jA4 0; 1 1E nllmj�7IC OF INDIAN RIVER COUNTY FLE1� ORDS CONTRACTOR ADDRESS: 1550 Old Dixie H BK : 2517 PG : 791 Pagel of 5 Vero Beach , Florida 32960 0' 121,2011at10 : 06AM , CONTRACTOR PHONE NO: 772 / 567 - 0045 COURT K OF SURETY COMPANY NAME: Great American Insurance Company SURETY PRINCIPAL 1060 Maitland Center Commons Blvd . - Ste . 100 BUSINESS ADDRESS: Maitland Florida 32751 SURETY PHONE NO: 407 / 659 - 4333 OWNER NAME: Indian River Board of County Commissioners OWNER ADDRESS: 1800 27th Street Vero Beach , Florida 32960 OWNER PHONE NO: 7 7 2 ! 2 2 6 - 1416 OBLIGEE NAME: Of asatraddaa eatity is differwa from the owner, dw eontraAlnS pablic entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $ 2 , 4929000000 CONTRACT NO: 2011035 Qf sppliesble) DESCRIPTION OF WORK: Design and Construction Services for Vero Beach Sports Village Quadrangle Softball Fields PROJECT LOCATION: Vero Beach Florida LEGALDESCPJPTION: " See attached legal description " of spplicsbk) FRONT PACE AN etber baud paje(s) in domed sub qnst to " psge rejerdkn of say page nanbWs) 1141 MAY be plated tlenoa Property Description Dodgerlown (#2010-20) November 8, 2010 EXHIBIT " D " PROPERTY DESCRIPTION PORTIONS OF DODGERTOWN AND bODGERTOWN PARCEL 3 -q Situated in the State of Florida , County. of Indian River, City of Vero Beach , and being a part of Section 3 , Township 33 South , Range 39 East . and being more particularly bounded and described as follows; Commencing at the Northwest comer of Section 3, Township 33 South, Range 39 East; Thence South 00000'47" West along the West line of said Section 3 for a distance of 887, 01 feet; Thence South 89045139" East for a distance of 50.00 feet to a point on the East righid t-of;ivay of 43 Avenue saki point also being the iJortltwest corner of Dodgertown Parcel 3A as described In Oficial Record Book 1961P& page 968 of the Public Records of Indian' County, Florida ; Thense •Sonth 89 °45'39" ' East along the North line of said Parcel 3A or a distance of 345, 39 feet; go Thence South 00614321 " West •for a distance of 85.00 to a point on tFie 'North fine eolf said Parcel 3A;' . Thence continue South, ° '39" 8945East along the North line of ! 437.69 .feet to .the -Pbint of 8egI 6irtg; said 'arcel 3A for a distance of Thence from the Point of Beginning eontiriue South $$'d5:39' :East along the North' line of said Parcer 3A for a- distance of 468.25 sect to itis_ Northeast corner of Parcel :- > Thence *South * 63 °53'04" East for a ifistance of 328. 137 feet to 61 poirif on the East line 6.of. DodgeitoVirn: Parcel 3A; . . So , - j , Thence South 18° 15'41 " East:along said .East. 1 of Parcel •3A for a 'distance ore 86.49 feet to .-the Southeast c0AMPa 6 4r af"sald farce! 3A .. -' Therice. Sbuih 69°22 ' 0 West-fora distance of 898.97 feet; Thence North 02°50'58° Westfor ad istance of 830. 37 feet to the ; Point of Beginning; Said Parcei containing 519,743 •square feet• or 11 -93 acres , , Said parcel . shelf be subject to 'stormwater , easements for the 431d Avenue and Aklatto0n 'Boulevard •improvement projects as required, Qd :^ old A .. a & froot David R . - Gay, PSM #597 ~ S:1Property DescdPUons12010L010-20 Dodgerfown Portions d aAPPPNov 82010,dOc o •'o" a Sheet 9 Of 2 : .PSC, an.soo�.rr, r.s .o. Y .. �aaac:aair tOP f. +� 11+KC III low mI liiiiiiiiiiiiiiiiii NEW= Irl . . °� s T i i ` DODGERTOWN Q I I 4 . a�cas°°c"ato.00av i I � � = 0000eiiravn .ru�s�, 000ae�� - f7ClWW S{AOa{711 O 1 pRi[WLrii! pJtM r�.KO� ( I 7777!' 1� t I SCALE t.. Soo. I acnc+ui, r.w 1 I � an a ww oaa � Yew � cwwo PRhCI10E RE1D3 a � ( l � j I I I $ $ j � r IF ► i oouMrrocn,r I i 5000 'J9'E 11MACSWA SM945739*E 3+&39 t ISa9-4S•3VE t ` S00'► 4'21 "W 569"�5�9'E \ ss:•oo �w ! Pmr OFCrTIM BEGRW►NG a As f \` tax rotof. Il I r $ SUBJECT PARCEL .oE owloop w•s .ro j j ate' do - lb I DAM GAY; PShE c ' TH►S SKETCH IS. NOT A SURVEYSH CITY OF VERO BEACH o •--- ... ..: .-� �3PT#O :;= . SKETCH OF PROPERTY DESCRN E)Qi►gIT •,qr "�'{ DEPARTMENT OF PUBLIC WORKS x1 . 93 ACRE • PARCIZ.-DEED CITY To COUNTY Pftoj= am • .. „� SURVEY DIVISION a SECTION Q3" 3 % 2010-- 2Q arMow caaoter 09 C�aLKF W PUBLIC CONSTRUCTION BOND Bond No . 4075107 (enter bona number) BY THIS BOND , WeBill Bryant & Associates Inc Insurance , as Principal and Great American ��mnanv , a corporation , as Surety, are bound to � $6AfRiver called Owner, in the sum of $ 2 , 492 , 000 . oo - - -- - _ __ , herein nd ourselves, our heirs , personal representatives , successorsor , and assigt of ns , Jointch ly and severally. y THE CONDITION OF THIS BOND is that if Principal: 9 . Performs the contract dated �► : 1, �L, between Principal and Owner for construction of Vero Beach Snorts Villaee 0 � a � . made a part of this bond by reference, at the times and in the mannl prehe scribed in the Fields contract; and 2 . Promptly makes payments to all claimants, as defined in Section MAW ). Florida Statutes, supplying Princlpal 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 in accordance with the notice and time limitation prrovisions in Section s Statutes Any changes in or under the contract documents and comp2ianc a or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond . DATED ON0 . L — _ j* > c` Bill Bryant & Associates , ' C;) ly By As A I Wi am Bryant , President Great American Insurance Gomvany 1 f t By * D . Michael Stevens lit. orney- in FA GREAT AMERICAN INSURANCE COMPANY Administrative Office : 580 WALNUT STREET of CINCINNATI, OHIO 45202 513-369-5000 FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No . 0 18857 KNOW ALL MEN BY THESE PRESENTS : That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named , its true and lawful attorney- in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds , undertakings and contracts of suretyship, or other written obligations in the nature thereof ; for all obligees including any and all consents required by the Department of Transportation , State of Florida , incident to the release of retained percentages and/or final estimates ; provided that the liability of the said Company on any such bond , undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address DON A . LAMBERT , JR . ALLimit of Power L OF ALL D . MICHAEL STEVENS JUPITER , FLORIDA $75 , 000 , 000. LYNN C . LAMBERT This Power of Attorney revokes all previous powers issued on behalf of the attorney(s) - in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of APRIL Attest GREAT AMERICAN INSURANCE COMPANY G 1 , w , lmll lr( rrnrn 1)iri � i, nrul .Irniur 1 it l 'rr , iJi nl DAVID C. KITCHIN (513-412-4602) STATE OF OHIO, COUNTY OF HAMILTON ss : On this 20TH day of APRIL 2009 before me personally appeared DAVID C. KITCHIN , to me known , being duly sworn , deposes and says that he resides in Cincinnati , Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal ; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. nPoi; KAREN L . GROSHEIMNOTARY PUBLIC , STATE OF OHIO MY COMMISSION EXPIRES 02-20- 11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED : That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents , or any one of them , be and hereby is authorized, from time to time , to appoint one or more Attorneys-in - Fact to execute on behalf of the Company, as surety, any and all bonds , undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time . RESOLVED FURTHER : That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond , undertaking , contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed . CERTIFICATION "- ie. .. ,; ,STEPHEN C . BERAHA , Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power .an ,ih ,R "ofAtorrr)" esolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect . 't a tlwsealed this 10 �— day of " r : S • 11LxLt�, ti. Aid i \r1 r , lilt S1157K (10/p8)a ACCIRO819 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 01 THIS CERTIFICATE IS ISSUED AS A MATTER OF / 2011INFORMATION 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 ), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, AUTHORIZED IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the Policy( ies) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME : Peggy Roaf Collinsworth , Alter , Lambert , Inc PHONE ( 561 ) 776 - 9001 23 Eganfuskee Street EMAIL JA/iC No : ( 561 ) 427 - 6730 ,e,OD�S : sroaf@calinc . com Suite 102 PRODUCERCUSTOMrR 00000904 Jupiter FL 33477 INSURED INSURER 5 AFFORDING COVERAGE NAIC # INSURER A :Ameri sure Insurance Co 19488 lNsuRER a : Libert Mutual Fire Insurance I Bill Bryant Associates Inc . INSURER C :Ameri sure Mutual Ins Co 1550 Old Dixie Highway 123396 INSURER D : Vero Beach FL 32960 INSURERS : i INSURER F COVERAGES CERTIFICATE NUMBER : 10 / 11 INCR LIMB 7048 REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS , INSR I ADOL UBR I LTR TYPE OF INSURANCE I l POUCY NUMBER # MMIDD/YYYY MMID�NYYY LIMITS GENERAL LIABILITY ( ( EACH OCCURRENCE S 1 , 000400 X COMMERCIAL GENERAL LIABILITYAMA TO RE IrD PREMVjEjfEaoccurrence) $ 50400 A CLAIMSMADE FX7 OCCUR PL2019790 10 /24 / 201010 /24 / 2011 MED EXP (Any one person) S 51000 HF trop Darn XCD PERSONAL BADV INJURY s 11000 , 000 X Contractual I GENERAL AGGREGATE S 20 000 , 000 G_E_N'L AGGREGATE LIMIT APPLIES PER: PRO- i j PRODUCTS - COMPIOPAGG S 21000 , 000 I I POLICY I X jErT LOC ( f S AUTOMOBILE LIABILITY I , i COMBINED SINGLE LIMIT S1 , 000 , 000 i X l ANY AUTO I i ( Ea accident) `CA2009088 BODILY INJURY ( Per person) S A I ALLOWNEDAUTOS i 10 / 24 / 2010 10 / 24 / 2011 -� BODILY INJURY (Per accident) S X SCHEDULED AUTOS i I ! _ PROPERTY DAMAGE S HIRED AUTOS (Per accident) -- X ' NON•OWNEOAUTOS ! I I PIP•Basic S 100000 I Medical payments S 5 000 X UMBRELLA LIAB X OCCUR I 3rmbrelle, Extends Over I I ! EACH OCCURRENCE S 7 , 000 , 000 EXCESS LIAB CLAIMS-MADE All Coverage tI ---- I ! , AGGREGATE $ 710000000 DEDUCTIBLE I If $ B X I RETENTION S 0 TH2651290138010 f 0 / 13 / 201010 / 24 / 2011 $ A WORKERS COMPENSATION ` WC STATU- OTrI- ' AND EMPLOYERS' LIABILITY Y ! N X OZL' LIMITS AVY PROPRIETORIPARTNERIEXECUTIVE I FR ' OFFVCER/MEMBEREXCLUDED? ❑ NIA1 E .L. EACH ACCIDENT $ 1 000 OOO (Mandatory In NH) iC2004559 0 / 24 / 201010 / 24 / 2011 1' yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1 000 000 DESCRIPTION OF OPERATIONS below I E .L. DISEASE - POLICY LIMIT S 1 f 0 00 1 000 C 11 Rented or Leased I PF2009087 0 / 24 / 201D 10 /24 / 2011 $25,000 EquipmentNEI Ded $ t ,aoo DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space Is required) Indian River County Board of County Cormissioners is named as additional insured with respect to General Liability as required per written contract . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONSo �? Board of County Commissioners T 1801 27th Street AUTHORIZED REPRESENTATIVE Vero Beach , FL 32960 MEN ACORD 25 ( 2009/09) i © 1988-2009 ACORD CORPORATION . AI rights reserved. INSD25 .;2oo9c9) The ACORD name and logo are registered marks of ACORD ACORU® DATE (MMOD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6 / 29 / 2011 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 CONTACT NAM : Jerry Noyola Greyling Insurance Brokerage PHONE ( 770 ) 552 - 4225 FAX 450 Northridge ParkwayA/c Not, SO . noyolaQgreyling . comSuite 102 ER 00001398 Atlanta GA 30350 INSURERS AFFORDING COVERAGE INSURED NAIC Y 7INSURERZTralvelers Indemnity Co . of CT 5682 INsuRERs :Travelers Indemnit Com an 5658 Kimley-Horn and Associates , Inc . INSURERc :Travelers Property Casualt Co . 5674 P . O . Box 33068 INSURERD :Phoenix Insurance Com an 5623 , Raleigh INSURERE :Lexin ton Insurance Com an 9437 NC 27636 INSURE F : COVERAGES CERTIFICATE NUMBER:* 10 - 11 ( Kimley Sharda ) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A SU POLICY NUMBER M DDfrfYY)LICY EFF POLICY EXPO fXCOMMERCIAL L LIABILITY MMIDD EACH OCCURRENCE S 1 , 000 , 000 GENERAL LIABILITY PREMISES Ea occurrence S 1 , 000 , 000 ACLAIMS-MADE OCCUR — 630- 8193699A-TCT- 10 2 / 1 /2010 2 / 1 /2011 MED EXP (Any one person) S 10 , 000 PERSONAL & ADV INJURY S 11000 , 000 GENERAL AGGREGATE i 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO PRODUCTS - COMP/OP AGG $ 1 , 000 , 000 }( LOC AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) S 1 , 000 , 000 B ALL OWNED AUTOS —810-5724B497 - IND- 10 2 / 1/2010 2 / 1/2011 BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS PROPERTY DAMAGE S (Per acddent) X NON-0WNED AUTOS Underinsured motorist BI split $ Uninsured motorist property $ X UMBRELLA LIAO TX OCCUR EACH OCCURRENCE $_ 51000 , 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5 , 000 , 000 DEDUCTIBLE S CJAND XRETENTION $ 10 000 SM- CLIP- 81931199A-TIL- 10 2 / 1 /2010 2 / 1/2011 $ KERS COMPENSATION WC STATU- GTH- EMPLOYERS' LIABILITY Y / N X PROPRIETOWPARTNER/EXECUTIVE 500 000 ER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT iatory In NH) �NLJB- 8193B99A- 10 2 / 1 /2010 2 / 1/ 2011E. L. DISEASE - EA EMPLOYE $ 500 000 tlesaibe underRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500 000 E Professional Liability 16017332 2 / 9/ 2010 2 / 1 / 2011 Per Claim $ 2 , 000 , 000 I iAggregate $ 2 , 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, k mon space Is required) Re : Sports Village Quadrangle Fields ; Keith Pelan . Bill Bryant i Associates Inc , 6 Indian River County are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation i professional liability . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bill Bryant 6 Associates , Inc , ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance/ Risk Manager 1550 Old Dixie Highway AUTHORIZED REPRESENTATIVE Vero Beach , FL 32960 Matias Ormaza/NOYOLA ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. INS025 (2oo9oe) The ACORD name and logo are registered marks of ACORD y Policy Number; AC C>RD Date Entered : 7 / 5 / 2012 CERTIFICATE OF LIABILITY INSURANCE DATE (:.1 FlJOD1YW ) 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 certlflcate holder Is an ADDITIQNAL INSURED, the pollcy(Ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s) . OWN I 1 11 PRODUCER MINIMUM TALBERT INSURANCE SERVICESIII II JLAM 3473 Satellite Blvd. . PHONE E= ( 770 ) 497 - 9400 -- I FAX E•MaL ---.__.__...._........_...._I. 6LC Noz._ ( 770 ) 613 - 8535 Suite 114 ADOREs.q: Ltalbert@talbestservices . cora Duluth , GA 30096 INSURERS) AFFORDING COVERAGE NAP J; INSURED J . RobertAtkins , AIA — 114SURERA : I INSURER S : � -- Rob Atkins INSURER C P . O . Box 2861 _._... --• •- .- -- ----- —.._._—._..__ — _ _. -- -- -- --- - Vero Beach , FL 32961 -- — INSURER E COVERAGESINSURER F ; CERTIFICATE NUMBER: Tl IIS IS TU CERTIFY Ti1AT THE POLICICS Of INSURANCE LISTED BELOW FIAVE BEEN ISSUED TO THE INSURED N1AN1oD ABOVE FOR TtiE POLICY PERIOD INDICATED. NOIWITHSTANDING ANY RFOIJIRFMFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN , TFIE INSURANCE ,4f"(-URDEU ;, Y 'fFIE POLICIES DESCRIE3ED HEREIN IS SUBJECT TU ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS , wSR TYPE OF INSURANCE LTR AIDOLjSUER POLICY EFF IIOU GENERAL LIABILITY POLICY NUMBER Mwr)DA'YY f LUDO _ + LIMITS EACH OCCURRENCE � e C_OJI&VERCtAL GENERAL LIABILITY PDRtiEiMA'IJSEE`SCLAISoAccTu'rDre ncel S MEO EXP (Ally one PEY ^w ) 5 PERSONAL 3 ACV INJURY - — - GEMLAGGRCOATELIMITAPPUCSPEFt ! GENERAL AGGREG.1rE 11 g.___._.._.__._......_..._.__...._._..._.. . P(N_I(;r PRO' LOC PRODUCTS • COMPIOP AGG 5 AUTOAICBILE LIABILITY COMBINc0 STd LILIUI7 A W AUTG (Ea_acrJgent)_. 3 ALL OWNED SCHEOULED i BODILY INJURY (Por prone UTOS 5 AAUTOS HIRED AVT05 NON•OWNED ; BOD'LY INJURY (Par acddanl) S AUTOS I PROPERTY DAMAGE 1 I (Peracrigent S J uMDRELLA uAe I y OCCUR EXCESS LIAR I EACH OCCURRENCE S X:wrasLstDE --------- - . _ . I DI RFTENr70N S AGGREGATE g WORKERS COMPENSAMON I $ AND EMPLAYERS• L.{ABILRY I WC STATU- r OTH- I ANY PRaP,"ETCX-UpARINER'EXF:CUIIVE YIN ....._ I_TOP,Y U.YVIS..L � . c!3_ _ OFFICEPATWIDER EXCLUDED? NIA I (Manrtatory in NH) EL EACH ACCIDENT i I5 tl Yes. t pi-IoN uxk-r I EL. DISEASE . EA EMPLOYEE S I f�SCF:�nON OF OPERATIONS bt:knv A Professional FI CIL DISCASC - POLICYLIMR_ S RDP0004394 b ? /0112011Limit 107/ 01/2012 Liability I ff � $ 5001000 - --1 1 I Aggregate $ 1 , 000 , 000 DESCRIPTION OF OPERATIONS 1 LOCA_nCNS 1 VEHICLES (Attach ACCRO 101, Additional Rnmauks Schadulo, If mare spaeo iR roquimd) CERTIFICATE HOLDER CANCELLATION Bill Bryant b Associates , Inc . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1550 Old Dixie Hwy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Vero Beach , F1 32960 ACCORDANCE WITH THE POLICY PROVISIONS , Attn : Robezt R . Paugh fax : 770 - 770 -1460 AUTHOWZED REPRESENTATIVE rhpaugh@bill.bryantassociates . com r egan Johnson �7 �r' 7"�� ACORD 25 (2010105 ) CC 1988 -20x0 OR CORPORATION . All rights reserved . The ACORD name and logo are registered marks of ACORD Produrxd usmq FOrms EII Plus S011WJro . waw.Furn*zuosi .com; 111115 eNL Publlshine Soo•20B-191