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2014-076 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into thiday of W44x6 14, A.D., by and between the City of Clermont 685 West Montrose Streetd, Clermont, Florida (hereinafter referred to as "OWNER"), and JORDAN BROTHERS CONSTRUCTION, LLC 7575 Kingspointe Pkwy, Ste 7, Orlando, FL 32819 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work descnbed in the bid documents, and specifications entitled: RFP 14-036, Waterfront Park Splash Pad Design Build Project prepared by Owner and its agents and Contractor's August 14, 2014 response thereto and shall do everything required,by this Contract and the Contract Documents, which are a part of these Documents. Including, but not limited to, the design for the splash pad to prepared by Contractor and approved by OWNER. ARTICLE II - THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract as set forth in the contract documents and the Unit Price Schedule, attached hereto and incorporated herein as Exhibit "A", in lawful tender of the United States, the total contract sum of THREE HUNDRED NINETY-NINE THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS ($399,922). ARTICLE III - COMMENCEMENT AND COMPLETION OF WORK 1. The CONTRACTOR shall commence work within 10 calendar days after receipt of(i) Notice to proceed, and will substantially complete the same on or before February 16, 2015 with Final Completion on or before March 13, 2015, unless the period for completion is extended otherwise by the amendment or change order to the Contract. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified and accepted by the OWNER as sufficiently complete, in accordance with the Contract Documents. Final Completion shall be the day the date that the Owner has certified that the contract is complete and ready for final payment. 1 2. The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3. The CONTRACTOR further declares he has examined the sites of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such sites are correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications, including site work engineering, have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the OWNERS Public Services Project Manager and his decision shall be final and binding upon all parties. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covenng said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Drawings and Specifications covenng said work; and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 2 4. If required, As-built drawings and warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. ARTICLE IV - LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authonzed extension thereof, CONTRACTOR shall pay to OWNER the sum of FIVE HUNDRED DOLLARS ($500.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein to Owner within fifteen (15) days of receipt of Owner's written demand for such payment. 2. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE V - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1. CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the OWNER for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment, including any retainage amount, on account of this Contract shall be made within thirty(30) calendar days 3 after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. ARTICLE VI - ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to,cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE VII— DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The Owner and Contractor shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VIII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The Contractor shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Worker's Compensation Law. In case-any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. 2. Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it 4 from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Owner's and Contractor's Protective Liability Insurance - The Owner shall procure and furnish an Owner's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability& $1,000,000 each($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6. Broad Form Property Damage Coverage, Products & Completed Operations Coverages - The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7. Contractual Liability Work Contracts - The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Agreement. 8. Indemnification Rider (a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its agents and employees 5 from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemnification provided herein. ARTICLE IX -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Jordan Brothers Construction, Inc. 7575 Kingspointe Pkwy, Ste 7 Orlando, FL 32819 Attn.: Thomas Jordan, President OWNER: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 6 ARTICLE X—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall,be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by contractor. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by, contractor, in whole or in part, without the pnor written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Records. Contractor expressly understands and acknowledges that any and all documents related to the services provided herein, may be considered records that are subject to examination and production in accordance with Florida's Public Records Law. Contractor expressly agrees that it will comply with all requirements related to said law and that it will hold city harmless for any such disclosure related to Florida's Public Records Law. 7 ARTICLE XI - CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: 1. Contract Agreement 2. Technical Plan and Specifications, including OWNER-approved design. 3. All documents contained in RFP 14-036, Waterfront Park Splash Pad Design Build Project and CONTRACTOR's August 14, 2014 response thereto, including any all addenda or amendments thereto. 4. Instructions to Bidders 5. Drawings 6. Payment and Performance Bonds IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this on/ ay of o ,�� ✓ ti 2014. City of Clermont 9, 4 l .ice -ar • . urville, Jr., M.yor Atte t: , � �° racy Ackr,yd, City Clerk Jordan Brothers Construction, LLC By: Thomas Joni an, 'csident A`t` it"MMzer Attest: 04:14 8 G H \‘11trAzz3r (Name Printed or Typed) 9 EXHIBIT A 1 - 1. +l. J i CITY OF CLERMONT'S a _ Waterfront Park - _ _ .. _ _ - _ - - " Design Build Splash Pad COST OF SERVICES ITEM DESCRIPTION BUDGET Splash Pad Splash Pad—pump,filtration, piping and installation $142,000 Splash Pad—toys and flush mounted jets/fountains $64,309 Splash Pad—surfacing(EPDM) $27,560 6'Overspray Zone—gray concrete $6,480 Splash Park Sign $350 Foot and Body Shower $1,500 Filtration Enclosure—stainless steel frame with lockable aluminum sliding doors $20,000 Shade Structures (2)Small Shade Structures—approximately 200sf each $15,000 (1) Large Shade Structure—approximately 1050sf See Alternates Seating—(6)picnic tables $7,500 Security&Safety Security Cameras $2,500 Security Lighting and Power Connection/Service $12,500 Lightning Protection $12,408 Fencing and Gate $12,650_ Landscape&Irrigation General landscaping and irrigation, including sod areas $3,000 (3)Palm trees $600 Grading $1,500 Concrete Walkways $7,400 Utilities Utility Connections $7,500 Open Cut and Repair for Sewer $1,500 Other Costs Design Services $5,000 General Conditions $8,665 Overhead&Proft $40,000 TOTAL ! $399,922 ALTERNATE 1 Large Shade Pavilion (Option 1) —with metal roof as shown on (Add) renderings. Could be constructed during a later phase $55,000 ALTERNATE 2 Large Shade Pavilion (Option 2)—fabric "sail" style, triangular shaped (Add) 32' x 32' x 32' shade structure $12,000 ALTERNATE 3 Use a fiberglass vault in lieu of the one specified (Deduct) - $15,000 ,e` Ilia The Jordan Companies i" J 5 p! F: E Littlejohn itliaketilrl. IV INTEGRITY IS OUR FOUNDATION Page 45 Bond No.1001028933 SECTION — K PERFORMANCE AND PAYMENT BOND PERFORMANCE BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL PAYMENT BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS Jordan Brothers Construction,LLC (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and United States Surety Company,20 W.Aylesbury Road,Timonium,MD 21093 (Full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont, as Obligee, hereinafter called OWNER, in the amount of: Three Hundred Ninety-Nine Thousand Nine Hundred Twenty-Two Dollars (Dollar Amount in Words) ($ 399,922.00 (Dollar Amount in Numbers) (Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, CONTRACTOR has by written Agreement dated September 23,2014 , entered into a Contract with OWNER for lapia�R3ud ill4r t nt Park Splash Pad in accordance with Drawings and Specifications prepared by t?n iccnga „ , _ for the OWNER, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly and faithfully perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the OWNER Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may RFP No 14-036 Page 34 of 40 SECTION — K PERFORMANCE AND PAYMENT BOND promptly remedy the default, in accordance with Section 255.05, Florida Statutes, or shall promptly, 1 ) Complete the Contract in accordance with its terms and conditions or within sixty (60) calendar days 2 ) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or if the OWNER elects, upon determination by the OWNER and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract pnce," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. 3 ) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S failure to perform under the conditions herein set forth in the Contract, the OWNER may without prejudice to any right or remedy and after giving the CONTRACTOR and his Surety if any, seven (7) days written notice, terminate the employment of the CONTRACTOR, and take possession of the site and all of the materials, equipment, tools, construction equipment, and machinery thereon owned by the CONTRACTOR and may finish the work by whatever method he may deem expedient In such case the CONTRACTOR shall not be entitled to receive any further payment until the work is finished. 4 ) A claimant, except a laborer, who is not in privity with the Principal and who has not received payment for his labor, materials or supplies shall, within 45 days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to the bond for protection, and 5.) A claimant who is not in privity with the Principal and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of materials or supplies, deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 6.) Other than a suit by OWNER, no action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. No right of action shall accrue on this bond to or for the use of any person or corporation other than the OWNER named herein or the heirs, executors, administrators or successors of the OWNER. RFP No 14-036 Page 35 of 40 SECTION - K PERFORMANCE AND PAYMENT BOND THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS stn DAY OF October 2014 Jordan Brothers Construction,LLC .�` (Principal) (Seal) 111 (Witness) By — _ (Manual Sign•. p/ 1 1N4 G tfreb&7V fre-ES.t l (Title) )38334x. /, United States Surety Company °°"' ',frl4�j, (Surety) (Seal) �� '.°� '.• %'r Wit ess Melissa Beckworth �� 'j'n. By.(M al Signature) James N.Congelio,Attorney-ln-Fact;r,O;3 i. .q .', (Title) -,.!.1r;• (Re ent�as Attorney-in-Fact) es N.Congelio,Florida Resident Agent 11'11. v� (Wi ness) Melissa Beckworth 1020 N.Orlando Ave. (Address) Suite 200,Maitland, FL 32751 } 407-647-1616 (Telephone Number) Power of Attorney attached hereon October 6,2014 RFP No 14-036 Page 36 of 40 Bond No.1001028933 SECTION— K PERFORMANCE AND PAYMENT BONDS LABOR AND MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS' That Jordan Brothers Construction,LLC (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and United States Surety Company,20 W.Aylesbury Road,Timonium,MD 21093 (Full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont as Obligee, hereinafter called OWNER, in the amount of Three Hundred Ninety-Nine Thousand Nine Hundred Twenty-Two Dollars (Dollar Amount in Words) ($ 399,922.00 ) (Dollar Amount in Numbers) (Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written Agreement dated September 23,2014 , entered into a Contract with OWNER for the construction of RFP 4036,wat�rfront Park Splash Pad with Drawings and p�.ci n Ruild Pro'pct Specifications prepared by/ 11,)�n N fQrcthe OWNER, which contract is hereinafter referred to as the Contract `fin • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and matenals used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however to the following conditions in accordance with Section 255.05, Florida Statutes. 1.) A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract RFP No 14-036 Page 37 of 40 SECTION— K PERFORMANCE AND PAYMENT BONDS 2.) The above-named Principal and Surety hereby jointly and severally agree with the OWNER that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which he last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The OWNER shall not be liable for the payment of any costs or expenses of any such suit 3 ) Other than the OWNER, no suit or action shall be commenced hereunder by any claimant. a.) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any two of the following The Principal, the OWNER, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, OWNER or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b ) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c.) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere d.) A claimant, except a laborer, who is not in privity with the Principal and who has not received payment for his labor, materials or supplies shall, within 45 days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to the bond for protection, and e.) A claimant who is not in privity with the Principal and who has not received payment for his labor, materials or supplies shall, within 90 days after performance of the labor or after complete delivery of materials or supplies, RFP No: 14-036 Page 38 of 40 SECTION— K PERFORMANCE AND PAYMENT BONDS deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. f.) No action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed or record against said improvement whether or not claim for the amount of such lien be presented under and against this bond. THE FOREGOING LABOR AND MATERIAL PAYMENT BOND WAS SIGNED AND SEALED THIS 6th DAY OF October 2014. Jordan Brothers Construction,LLC (Principal) (Seal) \ Vk 1 (Witness) By - (Manual Sign..re) / /74ti,IG /1/ Dekt/P, S-a r (Title) (.1C4:1,1-,III 4 //j United States Surety Company ; -'-- - ': ���% (Surety) (Seal) _ _ (1.-1. . ..)..jj,.. _ ‘-';i '47:I) -,,. . -._.! (Win ss Melissa eckworth y, ;; , , -0`A OIL (M al Signature) = "` •.P'-' James N.Congelio,Attorney-In-Facto ' 01' (Title) /jilf-Nii--' (----"? elb-A- DAIL- (Rest•= t A�ggent as Attome -in- ct J i,�s N.Congelio,Flonda�esident Agent ( itruess) Melissa Beckworth 1020 N.Orlando Ave.Suite 200,Maitland FL (Address) Power of Attorney attached hereon October 6,2014 RFP No 14-036 Page 39 of 40 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U S Specialty Insurance Company,a Texas corporation (collectively,the"Companies"), do by these presents make, constitute and appoint James C.Congelio or James N.Congelio of Maitland,Florida its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ********************Twenty Five Million******************** Dollars ($ **25,000,000 00** ) This Power of Attorney shall expire without further action on December 8,2016 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies. Be rt Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with-full-- power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney-In-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary - - Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012 sw\5s ` ' AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY ". , • UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY CorptzTate seals --- ; „ u„, , morn,,,,, mmnxq,,, a c o"KCTO \)na'SUFI w�Np,gO •o'"�nsura,,, .,4' gs � %5,� 3: Fj.'�„ .��o c , `.�cpwi ono 0 rry- sFrr�zs.�TesE90 .� . .;,i,p` 1 a` z _ �,n '° y- ' ' r�� F Daniel P.Aguilar Vice Presi ent VA_ OPV 0111 '' State o ,.. " - County of ttOh . \\\\SS. On 10th day of December,2012,before me,Vanessa Wright,a notary public,personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the -_ person(s),or the entity upon behalf of which the person(s)acted,executed the instrument -- i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tole and correct WITNESS my hand and official seal MIGHT Comrtaubn•13819 Signature V= _ (Seal) ! Notify Pubik•Cattlornto laa An3elee CUM Comm Ex res Oa 8.2018 i, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect,furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect in Witness Whereof,I have hereunto set my hand*iffixed the seals of said Companies at Los Angeles,California this 6th day of October , 2014 `_ ==--'Y"•• :,�'-''!, •Corporate Seals ,,,ACTOR '"mnsauq•'•,' y „allo Ott, g.;s� �'ah�• iii. v. .* Bond No.1001028933 r SEPT 391990 " = v w+b �a , , .,�`c " �s = Jeannie Lee, sistant Secretary Agency No 16866 4�4i,F0AAg , # .•`s°Tt o�r�¢�P # ,.�'` %%Afl r 1111%%0%` R RIDER TO BE ATTACHED TO AND FORM A PART OF BOND NO: 1001028933 NATURE OF BOND: PERFORMANCE AND PAYMENT BOND PRINCIPAL: JORDAN BROTHERS CONSTRUCTION, LLC 7575 Kingspointe Parkway, Suite 7 Orlando, FL 32819 SURETY: UNITED STATES SURETY COMPANY 20 West Aylesbury Road Timonium, MD 21093 OBLIGEE: CITY OF CLERMONT 685 West Montrose Street Clermont, FL 34711 PENALTY: THREE HUNDRED NINETY-NINE THOUSAND NINE HUNDRED TWENTY-TWO & 00/100 DOLLARS ($399,922.00) PROJECT: WATERFRONT PARK SPLASH PAD DESIGN BUILD RFP 14-036 EFFECTIVE: October 6,2014 BY THIS RIDER,We hereby amend the Surety to be changed from United States Surety Company to U.S. Specialty Insurance Company. All other terms and conditions of this bond remain the same. THIS RIDER EFFECTIVE: November 3,2014 SURETY: U.S. SPEC • LTY I SURANGE ::•--°=F.••••.• COMPANY .- �, °r By i • �' 1,�' . _ _1/ - :=Z('-1 ;z- . . Congelio, Attorney4f act=" -, / "Ai1C1� POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors indemnity Company, United States Surety Company, a M aryland corporation and U S Specialty Insurance Company, a Texas corporation(collectively,the"Companies"),do by these presents make, constitute and appoint James C.Congelio or James N.Congelio of Maitland,Florida its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ********************Twenty Five Million******************** Dollars ($ **25,000,000 00** ) This Power of Attorney shall expire without further action on December 8,2016 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached iN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corpora Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY „%"‘, 9 0 n p; 1-i' -o B _��rceavanvrs � � ry` W�,{ 149 L9f zs E ' y r,= s 5= s = Daniel P.Aguilar,Vice President State aCailfornla County o t,,c sleitigelds S On 10th day of December,2012,before me,Vanessa Wright,a notary public,personally appeared Daniel P Aguilar,Vice President of American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal V MOT ti ir," cot,mi sston•1988319 Signature �� —_ (Seal) �'-)■ Notary POW•Monts r:p! ins Angeles CeuMY Comm E yes Dec B.2016 i, Jeannie Lee, Assistant Secretary of American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect,furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect in Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 3Sd day of Nole_Wper ,2D1y Corporate Seals aaappCTOR°.. `SSU • ,NOiNr, "on;nsu'�° t s �`�E • Pj' .400 C , - ‘�Qi� 60's' L �- O a 2 vz to." '+ 'li i�1 Itzs iesa W a_` r " Bond No 'gd % 2 P5a s -41 Jeanilie.Lee, • sistant Secretary Agency No. 16866 ''",0 QUppµµ;�a°'` '? * ACCPRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10/28/2014 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 CONTACT Jamie Greene NAME Bowen,Miclette&Britt of Flonda LLC - PHONE Ern.407-647-1616 FAX No) 407-628-1635 1020 N.Orlando Avenue Suite 200 E-MAIL Maitland FL 32751 ADDRESS.certificates@bmbinc.com INSURER(S)AFFORDING COVERAGE NAIC C INSURER A•FCCI Insurance Company 10178 INSURED JORDANBROT INSURER B Jordan Brothers Construction LLC,Jordan INSURER C Develoment&Construction LLC,Jordan&Associates INSURER D Consulting, Inc.,Jordan Corporate Holdings LLC 7575 Kingspoint Parkway Unit 7 INSURERS Orlando FL 32819 _ _ _ INSURER F COVERAGES CERTIFICATE NUMBER:1334803839 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 TYPE OF INSURANCE ADDL SUM POLICY EFF POLICY EXP LIMITS LTR INSD VD_ POLICY NUMBER IMMIDYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y Y GL0014647 11/1/2014 11/1/2015 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 X Contractual!Jab MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 _ POLICY X Fla LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER $ A AUTOMOBILE LIABILITY Y CA0022533 11/1/2014 11/1/2015 COMBINED SINGLE LIMIT $ (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ � X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A X UMBRELLA LAB X OCCUR Y UMB0015393 11/1/2014 11/1/2015 EACHOCCURRENCE $4.000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $4,000,000 DED X I RETENTION$10,000 $ A WORKERS COMPENSATION Y 001WC14A69401 11/1/2014 11/1/2015 X STATUTE I EA R AND EMPLOYERS'LABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE n N l A E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached U more space Is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance.The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing certificates @bmbinc.com When required by written contract,those Parties listed in said contract,including the certificate holder,are added as an Additional Insured, with respect to General Liability,Auto Liability, Umbrella Liability,as afforded by the policy and/or endorsements.The General Liability policy See Attached... , CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Clermont ACCORDANCE WITH THE POLICY PROVISIONS. 685 W Montrose Street Clermont FL 34711 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. Ar:ARn 25 f901A/07) Tha Ar:ARn nama and Innn am ranisfararl marks of Ar:AR11 AGENCY CUSTOMER ID:JORDANBROT LOC#: _ ® ACCPRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen,Miclette&Britt of Flonda LLC Jordan Brothers Construction LLC,Jordan Develoment&Construction LLC,Jordan&Associates POLICY NUMBER Consulting,Inc. ,Jordan Corporate Holdings LLC 7575 Kingspoint Parkway Unit 7 CARRIER NAIC CODE Orlando FL 32819 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE certified herein is primary and non-contributory to other insurance available to the certificate holder,but only to the extent required by wntten contract with the Named Insured.When required by written contract,waiver of subrogation,with respect to General Liability and Workers Compensation is granted in favor of Certificate Holder as afforded by the policy and/or endorsements. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. Tha A(:ARIT names anri Innn ara ranistarari mark of AC:ARrl • COMMERCIAL GENERAL LIABILITY CGL 084(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU -ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE(OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A.below.) Locations of Covered Operations (As per the written contract or agreement,provided the location is within the"coverage territory".) (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured' 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in wnting in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy;and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1 above;and 3 The particular person or organization, if any,scheduled above. Such person(s)or organization(s)is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"occurring after the execution of the contract or agreement described in Paragraph 1.above and caused, in whole or in part,by. 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured;or 3 Your work"performed for the additional insured and included in the"products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084(10 13) Includes copynghted matenal of the insurance Services Offices,Inc.with its permission Page 1 of 3 Copyright 2013 FCCI Insurance Group. I COMMERCIAL GENERAL LIABILITY CGL 084(10 13) However,the insurance afforded to such additional Insured(s)described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, 3. Will not be broader than that which is afforded to you under this policy,and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to"bodily injury","property damage"or "personal and advertising injury"ansing out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: 1. The preparing.approving,or failing to prepare or approve,maps, shop drawings,opinions,reports, surveys,field orders,change orders or drawings and specifications;or 2. Supervisory, inspection,architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary,excess,contingent or any other basis;unless the written contract or agreement requires that this insurance be primary and non-contributory,in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D With respect to the insurance afforded to these additional insureds,the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.,or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows. The Duties In The Event of Occurrence,Offense,Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable' 1. Give us written notice of an"occurrence"or an offense which may result in a claim or"suit°under this insurance,and of any claim or'suit"that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the"suit",and otherwise comply with all policy conditions,and 3. Tender the defense and indemnity of any claim or"suit"to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However,this condition does not affect Paragraph C above CGL 084(10 13) Includes copyrighted matenal of the Insurance Services Offices.Inc with its permission Page 2 of 3 Copynght 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084(10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit°. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084(10 13) Includes copynghted matenal of the Insurance Services Offices.Inc with its permission Page 3 of 3 Copyright 2013 FCCI Insurance Group.