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2014-104 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this ay of ' e/kir-2014, A.D., by and between the City of Clermont, 685 W. Montrose Street, Clermont, Florida (hereinafter referred to as "OWNER"), and JORDAN BROTHERS CONSTRUCTION, LLC. 7575 Kingspomte Parkway, Suite 7, Orlando, FL 32819 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SECTION I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the specifications entitled: RFB NO. 14-037 Lake Hiawatha Preserve Phase 1B Construction as prepared by-OWNER and its agents shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. SECTION II -THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents,the Price Schedule,attached hereto and incorporated herein as Exhibit"A". The final completion lump sum price ONE MILLION, NINETEEN THOUSAND, SEVENTY- TWO DOLLARS AND 93/100 CENTS ($1,019,072.93). SECTION III - COMMENCEMENT AND COMPLETION OF WORK 1) The CONTRACTOR shall commence work within 10 calendar days after receipt of(i) Notice to Proceed, and (ii) receipt_ of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within ONE HUNDRED AND FIFTY (150) calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified by the OWNER's Architect as sufficiently complete, in accordance with the Contract Documents, so the OWNER can occupy or utilize the work or designated portion thereof for the use for which it is intended. 2) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3) The CONTRACTOR further declares he has examined the project site and that from personal knowledge and experience has made sufficient investigations to fully satisfy himself that such site is 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 1 A specifications. All Drawings and Specifications 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 OWNER's designated Project Manager after consultation with the Project Architect, and the OWNER's Project Manager's decision shall be final and binding upon all parties, provided the OWNER agrees. 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 covering 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 covering 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 penod 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 matenals 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. 4) As-built drawings, warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. SECTION IV - AUTHORIZED REPRESENTATIVES 1) " -Before starting work, CONTRACTOR shall designate a competent, authorized representative acceptable to OWNER to represent and act for CONTRACTOR and shall inform OWNER in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for CONTRACTOR and shall specify ' any and all limitations of such authority. At the Pre-construction Conference,CONTRACTOR shall provide resumes of key personnel'for OWNER's approval; CONTRACTOR shall keep OWNER informed in writing pursuant to the notice requirements provided herein of any subsequent changes in the foregoing. Such representative shall be present or duly represented at 2 • the site of work at all times when work is actually in progress. 2) , From the time of execution of the Contract, the OWNER shall have the right to remove the CONTRACTOR's representative from the project for inappropriate behavior including, but - not limited to, lack of concern for residents, or acting in an unprofessional manner (i.e. argumentative with residents or OWNER's representative and the use of foul language). 3) All notices, determinations, instructions and other communications given to the _ authorized representatives of the CONTRACTOR shall be binding upon CONTRACTOR. Nothing contained herein shall be construed as modifying the CONTRACTOR'S duty of supervision and fiscal management as provided for by Florida law. 4) The OWNER shall designate a Project Manager who will have limited authority to act for the OWNER. The OWNER will notify the CONTRACTOR in writing of the name of such representative(s). Any other City employees are not authorized OWNER representatives and any work performed by the CONTRACTOR without proper written authonzation from the Project Manager as approved by OWNER, is performed at the CONTRACTOR's risk, and the City shall have no obligation to compensate the CONTRACTOR for such work. SECTION V - LAWS AND REGULATIONS 1) CONTRACTOR and its employees and representatives shall at all times comply with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at the time work is performed under this Contract. 2) If, during the term of this Contract, there are any changed or new laws, ordinances or regulations not known or foreseeable at the time of signing this Contract which become effective and which affect the cost or time of performance of the Contract, CONTRACTOR shall immediately notify OWNER in writing and submit detailed documentation"of such effect in terms of both time and cost of performing the Contract. Upon concurrence by OWNER as to the effect of such changes, an adjustment in the compensation and/or time of performance will be made, if applicable. 3) " If any discrepancy or inconsistency should be discovered between the Contract and any law, ordinance, regulation, order or decree, CONTRACTOR shall immediately report the same in writing to OWNER who will issue such instructions as may be necessary. However, it shall not be grounds for a Change Order that the CONTRACTOR was unaware of or failed to investigate the rules, codes, regulations, statutes, and all ordinances of all applicable governmental agencies having jurisdiction over the Project or the work. SECTION VI - CODE RELATED INSPECTIONS The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction charged with the inspection of improvements to real property for code compliance and the improvements to be made by the CONTRACTOR pursuant to this contract may be subject to inspection by City of Clermont or its agents: The CONTRACTOR agrees that it will not assert, as a City-caused 3 delay or as a defense of any delay on the part of the CONTRACTOR, any good faith action or series of actions on the part of the City or its/agents with regard to inspections, including, but not limited to the refusal to accept any portion of the CONTRACTOR's work. SECTION VII - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the Bid Documents and 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 twentieth (20th) day of each calendar month for work performed during the current calendar month, projected through the 25th. At any time, the OWNER shall have the right as a condition of making a partial payment hereunder, to require CONTRACTOR to submit evidence satisfactory to the OWNER that all payrolls, matenal bills and other costs incurred by the CONTRACTOR in connection with the subject progress payment request have been paid in full. Upon OWNER'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 estimate by the OWNER and the Architect, 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, matenal bills and other costs incurred by the CONTRACTOR in connection a - 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 on account of this Agreement shall be made within thirty • (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. ARTICLE VIII - LIQUIDATED DAMAGES 1) It is mutually agreed that time is of the essence in regard to this Agreement: 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 authorized 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 for beneficial occupancy (substantial completion) and/or final completion; 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. NOTE: Not necessary, this would come out of contract balance. Contractors pay applications would be reduced to cover anticipated liquidated damages. 4 J SECTION IX - 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 matenals of the work shall be furnished in manner and form satisfactory to the OWNER. SECTION X—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. SECTION XI—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 dunng the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it 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 5 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 Coverage, Bodily Injury Occurrence, & Property Damage Combined Single Limit r (b) Automobile Liability Coverage, $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined Single Limit ` (c) Excess Liability, Umbrella Form $1,000,000 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) "XCU" (Explosion, Collapse, Underground Damage) ,- The CONTRACTOR's Liability Policy shall provide "XCU" 'coverage for_those classifications in which they are excluded. 5) Broad Form Property Damage Coverage,'Products & Completed Operations Coverage - The CONTRACTOR's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverage. 6) 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. 7) Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the OWNER, ADG and Ajax Building Corporation and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, ansing 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. Such obligation shall not be construed to negate, r • 6 ,, abndge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Section. (b) In any and all claims against the OWNER, ADG and Ajax Building Corporation 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. 8) Builder's Risk Coverage - The CONTRACTOR shall take out and maintain during the life of this Agreement a "Builder's Risk Policy" completed value form, issued to provide coverage on an "all risk" basis including theft. This coverage shall not be lapsed or canceled because of partial occupancy by the OWNER prior to final acceptance of the Project. The OWNER may elect to take out and maintain this insurance coverage. Should the OWNER purchase said insurance, the insurance policy shall have a deductible for each occurrence of $5,000.00. The CONTRACTOR shall be responsible for losses up to the amount of the deductible. SECTION XII - TAXES 1) CONTRACTOR shall pay all taxes, levies, duties and assessments of every nature that may be applicable to any work under this Contract. The Contract Sum and any agreed variations thereof shall include all taxes imposed by law. CONTRACTOR shall make any and all payroll deductions required by law. CONTRACTOR herein indemnifies and holds the OWNER harmless from any liability on account of any and all such taxes, levies, duties,'assessments and deductions. Such indemnification shall be in accordance with the terms and conditions of the Indemnification provisions provided herein. 2) OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax-exempt entity. Where applicable, and so directed by the OWNER, the OWNER reserves the right to implement, at its convenience, a tax exemption program to buy selected materials and place the tax savings in line item contingency. SECTION XIII - SUCCESSORS, ASSIGNS AND ASSIGNMENT The OWNER and the CONTRACTOR each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, 'agreements and obligations contained in the Contract. It is agreed that the CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. SECTION XIV -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, LLC. 7575 Kingspointe Parkway, Suite 7 Orlando, FL 32819 , Attn: Thomas Jordan, President f OWNER: City of Clermont 685 W. Montrose Street Clermont, FL 34711 Attn: Darren Gray, City Manager SECTION XV—OPTIONAL TERMINATION 1) OWNER may, at its option, terminate the Contract, in whole or in part, at any time by written notice thereof to CONTRACTOR, whether or not CONTRACTOR is in default. Upon any such termination, CONTRACTOR hereby waives any claims for damages from the optional termination, including loss of anticipated profits, on account thereof, but as the sole right and remedy of CONTRACTOR, OWNER shall pay CONTRACTOR in accordance with Subparagraphs below, provided, however, that those provisions of the Contract which by their very nature survive final acceptance under the Contract shall remain in full force and effect after such termination. 2) Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the notice requires otherwise: " (a) Immediately discontinue work on the date and to the extent specified in the notice; (b) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the , Contract that is not terminated; , (c) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to OWNER of all orders and subcontracts to the extent they relate,to the performance of work terminated or assign to OWNER those orders and subcontracts 8 and revoke agreements specified in such notice; (d) Assign all Subcontracts required for performance of this Contract to the OWNER. In anticipation of such a remedy, the CONTRACTOR shall include in all Subcontracts, equipment leases and purchase order, a provision requiring the subcontractor, equipment lessor or supplier, to consent to the assignment of their Subcontract to the OWNER and to agree to the greatest extent possible to cooperate with the OWNER; (e) Assist OWNER, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by OWNER under the Contract; and (f) Complete performance of any work that is not terminated. i 3) Upon any such termination, OWNER will pay to CONTRACTOR an amount determined in accordance with the following(without duplication of any item): (a) All amounts due and not previously paid to CONTRACTOR for work completed and accepted in accordance with the Contract prior to such notice, and for work thereafter completed as specified in such notice. ' (b) The reasonable cost of settling and paying claims ansing out of the termination of work under subcontracts or orders as provided above. (c) The verifiable costs incurred as set forth above. (d) Any other reasonable costs which can be venfied to be incidental to such termination. 4) The foregoing amounts will include a reasonable sum, under all of the circumstances, as profit for all work satisfactorily performed by CONTRACTOR. 5) CONTRACTOR shall submit within thirty (30) 'days after receipt of notice of termination, a proposal for an adjustment to the contract price including all incurred costs descnbed herein. OWNER shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly. SECTION XVI—MISCELLANEOUS - 1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, each party shall bear its own attorney fees. 2) Waiver. The waiver by OWNER 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. 9 4) Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in wntmg 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 prior wntten consent of city. 7) Venue. The parties agree that the sole and exclusive venue for any cause of action ansing 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. SECTION XVII - CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and herein made a part, are as fully a part of this Contract as if herein repeated. Document Precedence: 1) Contract Agreement 2) Specifications for RFB 14-037 Lake Hiawatha Preserve Phase 1B Construction, including all addenda. 3) All documents contained in RFB No. 14-037 Lake Hiawatha Preserve Phase 1B Construction and CONTRACTOR's response thereto including all addenda, the Instructions to Bidders and proposal guarantee, if any. 4) Payment and Performance Bonds 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 9" day of /m j4/- 2014. City of C : ont Gail Ash, Mayor •."` - Attest. • iaTrac Ackrod City> ' y Clerk RCR•sfneo+an ',a ' Jordan Brothers s • c ': - LLC By: Thomas Jord.'''r-,.41rent Attic Thle Attest: 0(941441 x ‘e)► Wac n (Name Printed or Typed) 11 ISI EXHIBIT A SECTION-C PRICE SCHEDULE Final Completion Lump Sum Price (as per Drawings and Technical Specifications) (Words) ONE r1rc 1j &) Nr�U6 7 ) rileuP D 5ErEwrY Mt' Poc u $ (Figures)$ , 0 ) (1 O 7 ?, 9 3 -Miter a5 Contractor's Days to Substantial Completion: 150 Calendar Days. Not to exceed: One-Hundred Fifty(150)Calendar Days From Notice To Proceed. Final Completion Shall Be Thirty(30) Calendar Days Thereafter. Should certain additional work be required,or should the quantities submitted by the Contractor of certain classes be increased or decreased from those required by Contract Documents,the unit prices contained below are the basis of quantifying payment to the Contractor or credit to Owner,for such Increase in the work. No additional adjustments will be allowed. Contractor is required to enter the quantity, unit price, and total on the spaces provided below. LS=Lump Sum LF=Linear Feet SY=Square Yard EA=Each L.N. Description Quantity Unit Unit Price Total SITE PREP Mobllization/Demobilization(Not to 1'1 $ 1 LS exceed 10-percent of total base bid) q J PZ'1 1.2 General Requirements 1 LS $ ® 1 iiQ.9, 1.3 Permits and Regulations 1 LS $ 7,574.95 Iii? 1.4 Maintenance of Traffic 1 LS $ 1,534.99 1.5 Pollution Prevention 1 LS $ 5,437.39 1.6 Utility Locates 1 LS $ 1,918.74 SITE GRADING 2.1 Pond 1 LS $ 11,725.15 2.2 Road Sub-Base 1 LS $ 3,988A7 RFB No 14-037 Page 12 of 40 SECTION-C PRICE SCHEDULE 2.3 Grass Parking 1 LS $ 2,095.77 2.4 Trail Stabilization 1 LS $ 10,874.30 GENERAL SITE WORK 3.1 Fence and Gates 1 LS $ 5,704.85 3.2 Concrete Pads 1 LS $ 3,667.11 ROADWAY 4.1 Asphalt and Base 589.76 SY 38.26 $ 22,564.98 4.2 Concrete Paving(Sidewalks) 453.00 SY 49.01 $ 22,201.53 4.3 HC Ramps and Detectable Warning Strips 5.00 284.89 $ 1,424.45 4.4 Type F Curb 92.00 LF 17.66 $ 1,624.72 4.5 Striping and Signage 1 LS $ 3,988.47 UTILITIES AND DRAINAGE 5.1 Water Main Extension/Fittings 850.00 LF 99.14 $84,269.00 5.2 Package Lift Station 1.00 EA 17,546.98 $ 17,546.98 5.3 Force Main 385.00 LF 44.07 $ 16,966.95 LANDSCAPE AND IRRIGATION 6.1 Landscape and Irrigation Package 1 LS $ 21,743.99 6.2 Mitigation restoration 1 LS $ 6,546.72 SITE FURNISHINGS 7.1 Recreational Equipment 1 LS $ 2,987.69 7.2 Site Electrical 1 LS $ 25,047.58 PAVILION AND RESTROOMS 8.1 Pavilion and Restrooms 1 LS IMMI $356,204.36 BOARDWALKS AND FLOATING DOCK 9.1 Boardwalks and Floating Dock 1 LS $298,297.50 RFB No•14-037 Page 13 of 40 SECTION-C PRICE SCHEDULE By signing below,the respondent agrees to all terms,conditions,and specifications as stated in this solicitation,and Is acting In an authorized capacity to execute this response.The respondent also certifies that It can and will provide and make available,at a minimum,the items set forth in this solicitation. Respondent Information and Signature Company Name(print). Jordan Brothers Construction,LLC Street Address: 7575 Kingspointe Parkway Suite 7,Orlando,FL 32819 Mailing Address(If different): same Telephone: 407-228-8840 Fax 407-2484124 Email: tommyJordan@Jordancompanles.com Payment Terms: N/A % days,net 30 FEIN: 45 - 488 Professional.License No.: CBC 1258214 Signature: Date. /00/Q3/// Print Name: Thomas Jordan Title: Mgr MemberlPresldent Does the respondent accept payment using the City's MASTERCARD? ❑Yes ® No END OF SECTION-C • RFB No:14-037 Page 14 of 40 V" CLERION1 Choice of Champions PURCHASING DIVISION RFB 14-037,LAKE HIAWATHA PRESERVE PHASE 1B CONSTRUCTION ADDENDUM No.1—AUGUST 11,2014 The following drawings are being added: IR-1 IRRIGATION PLAN IR-2 IRRIGATION PLAN END OF ADDENDUM 1 This addendum MUST be acknowledge and MUST be returned with your solicitation. All other terms, conditions and specifications remain unchanged for RFB 14-037. Jordan Brothers Construction,LLC /'49/02 3/iii:.i Name of Company Date C'�' Mgr MemberlPresldent Si g n a u�e Title Thomas Jordan Typed/Printed Name 6 i CLERIONT Choice of Champions' PURCHASING DIVISION RFB 14-037,LAKE HIAWATHA PRESERVE PHASE 1B CONSTRUCTION ADDENDUM No.2—AUGUST 25,2014 To all prospective respondents,please note the following changes: C-107 SITE UTILITY PLAN(changes to utilities) C-108 SITE UTILITY PLAN(changes to utilities) C-509 DETAILS(changes to utility details) C-510 DETAILS(changes to utility details) END OF ADDENDUM 2 This addendum MUST be acknowledge and MUST be returned with your solicitation. All other terms, conditions and specifications remain unchanged for RFB 14-037. Jordan Brothers Construction,LLC /49/; /ii Name of Company Date 1 Mgr Member/President ' Signature Title Thomas Jordan Typed/Ponied Name SEoNT CR Choice of Champions PURCHASING DIVISION RFB 14-037,LAKE HIAWATHA PRESERVE PHASE 1B CONSTRUCTION ADDENDUM No.3—SEPTEMBER 2,2014 To all prospective respondents.please note the following changes: • Replace drawing C-107 provided in addendum 2 with the one provided in addendum 3. Changes include the location of the water line connection being adjusted and notes added to the plan sheet. C-107 SITE UTILITY PLAN(changes to utilities) • Revised drawing C-512 modifies the lift station to include a lightning arrestor. END OF ADDENDUM 3 This addendum MUST be acknowledge and MUST be returned with your solicitation. All other terms, conditions and specifications remain unchanged for RFB 14-037. Jordan Brothers Construction,LLC l 61/< 3/1y Name of Company Mgr Member/President Signature Tide Thomas Jordan Typed/Pnnted Name SER ON C T �hoke of Champions PURCHASING DIVISION RFB 14-037,LAKE HIAWATHA PRESERVE PHASE 1B CONSTRUCTION ADDENDUM No.4—SEPTEMBER 18,2014 To all prospective respondents.please note the following changes: • Replace drawing C109 provided in addendum 2 with the one provided in addendum 4. A(+/-)90 lineal feet of 12"x18"Elliptical Reinforced Concrete Pipe(ERCP)was added to interconnect the two adjacent retention areas at the roundabout to prevent possible flooding over the road o trail. Changes are clouded. • Revised drawing C509 includes: Detail 1,(Clouded);gate valve detail was updated to comply with city standards. Detail 8,(Clouded);per NFPA 13 Chapter 8,8.16.2.3(4)the single outlet fire department connection was reduce to a 3"riser. • The warranty specifications for the roof shall be corrected,as follows: The metal panel manufacturer, upon final acceptance of project, shall furnish a warranty covering metal panel finish against failure and perforation due to normal atmospheric corrosion exposure for a minimum period of twenty(20)years. • Mitigation, Maintenance and Monitoring Plan is attached. Contractor will be required to provide the initial Mitigation standards as shown however ongoing maintenance is not part of the contract. The City will be required to continue monitoring. END OF ADDENDUM 4 This addendum MUST be acknowledge and MUST be returned with your solicitation. All other terms, conditions and specifications remain unchanged for RFB 14-037. Jordan Brothers Construction.LLC l0 V I1 Name of Company Date Mgr Member/President v Signature Title Thomas Jordan Typed/Prwted Name CLER1ONT �hoice of Champion PURCHASING DIVISION RFB 14-037,LAKE HIAWATHA PRESERVE PHASE 1B CONSTRUCTION ADDENDUM No.5—SEPTEMBER 18,2014 To all prospective resnondents.please note the following changes. • Revised drawing HS-1, Hardscape Plan. The changes on the revised plan does not increase project cost. It is simply a clarification of requirements for the dock plans. END OF ADDENDUM This addendum MUST be acknowledge and MAY be returned with your solicitation. All other terms,conditions and specifications remain unchanged for RFB 14-037. Jordan Brothers Construction,LLC !®/ 473// Name of Company ll Date ,,,,.........c..77:,...0.,2. ..... ' Mgr Member/President Signature Title Thomas Jordan Typed/Printed Name CLER''IONT Choice of Champions- PURCHASING hampionsPURCHASING DIVISION RFB 14-037,LAKE HIAWATHA PRESERVE PHASE 1B CONSTRUCTION ADDENDUM No.6—SEPTEMBER 23,2014 To all prospective respondent&please note the following changes: • The response due date will be extended from September 25, 2014 at 2:00 P.M. to October 23, 2014 at 2:00 P.M. • The deadline for written questions will be extended from September 12, 2014 at 3:00 P.M. to October 10,2014 at 3:00 P.M. END OF ADDENDUM This addendum MUST be acknowledge and MAY be returned with your solicitation. All other terms,conditions and specifications remain unchanged for RFB 14-037. Jordan Brothers Construction,LLC / 3 fl"( Name of Company ((( Dat / Mgr Member/Presldent Signature Tide Thomas Jordan Typed/Printed Name Bond No. 1001028942 SECTION — K BONDS 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,7575 Kingspointe Parkway,Suite 7,Orlando,FL 32819 (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: One Million Nineteen Thousand Seventy-Two Dollars and 93/100 (Dollar Amount in Words) ($ 1,019,072.93 ) (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 December 9,2014 , entered into a NContract with OWNER for: Pha e1 B Construct4-037 ioniawatha Preserve in accordance with Drawings and Specifications prepared by Tetra Tech 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 RFB No 14-037 Page 33 of 40 I , SECTION - K BONDS 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 price," 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 P 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 RFB No 14-037 Page 34 of 40 SECTION - K BONDS THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS 12th DAY 4 OF December 2018. 'Llfet Jordan Brothers Construction,LLC '�44,e� ..;,141v?. ;; ddb;,' (Principal) Seal) v4 4' ��',,4wx � „ • \X\kNStNd\n . \ ^p (Witness) //S n;q t ?j ' iB l t, \, By (Manual Sicj're _ "t , '.•.,:=ti",'., 'ty97 .--i arar,r rS.r,,.t trB.��Y wM (Title) ( �ha"�nq����a7�ia United States Surety Company, , • `��\� •��, 1 h '�04''4 (Surety) .eal) « ` u . d , �n?,.h • (Wit ss) Melissa Beckworth1� 1, • s ; LALA' ua ig ature) r W '+ • `,`i a°• ' James .C•ngelio,Attorney-In-Fact -,;;;C., 41 E, .44 4:4,\' (Title) „�a3��1411�ti� James .Congelio,Resident Agent (Resident Agent as Attorney-in-Fact) (Witness) Anita Waters 1715 N.Westshore Blvd.Suite 920 (Address) Tampa,FL 33607 407-647-1616 (Telephone Number) Power of Attorney attached hereon' _Derenober fay <Op/11 RFB No 14-037 Page 35 of 40 Bond No.1001028942 SECTION — K 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,7575 Kingspointe Parkway,Suite 7,Orlando,FL 32819 (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: One Million Nineteen Thousand Seventy-Two Dollars and 93/100 (Dollar Amount in Words) ($ 1,019,072.93 ) (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 December 9,2014 , entered into a Contract with OWNER for the construction of Ms erOire Pse 1B C nstnaat Lin accordance with Drawings and Specifications prepared by Tetra Tech for the OWNER, which contract is hereinafter referred to as the Contract. 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 materials 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. RFB No 14-037 Page 36 of 40 a - SECTION - K 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, RFB No 14-037 Page 37 of 40 SECTION - K 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 PAYMENjT BOND WAS SIGNED AND SEALED THIS 12th DAY OF December 2018. „ u s._ 4, ‘ a , %r *U4, **-.V",..' ` sae Jordan Brothers Construction,LLC .9..h'..!..0b.1 ' ,-' ' r� (Pnncipal) (Seal) 14'\,./ •i;g `; \CCNCIAS.:Zas \)LA.\- \ ,it.• 4., 414; ip.--,,t.-,.r 1 ,I1_, 4{ (Witness) r t' i t(4,'.: ..--- • By: (��(MM//nnaluall Si tur /q *F,,iwfs.,-,; "-, °, (Title) •' '� ;11 a1 �� United States Sure Company ',1*.;•'n4 tti'r� 1?,174, (Surety) (S‘ii) m, _i ,< ,'.,;r=7 1.",i ,VriP Ailusz.o... $) Melissa Beckworth , . • . ' ! In % } By: J r', , nual S••-ature) �k, `t;�v Nom,'' James N.` •ngelio,Attorney-In-Fact � Za.4, ���C�����,F ® (Title) f ii �111J11114'-° r 'it. James N.Congelio,Resident Agent . (Resident Agent as Attorney-in-Fact) (Witness) Anita Waters 1715 N.Westshore Blvd.Suite 920 Tampa,FL 33607 (Address) Power of Attorney attached hereon: 7pe,-ni-rf /,- 1,n/tl RFB No 14-037 Page 38 of 40 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS- That American Contractors indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors indemnity Company, United States Surety Company, a Maryland corporation and U.S Specialty Insurance Company, a Texas corporation (collectively, the"Companies"),do by these presents make, constitute and appoint James C.Congelio or James N.Congelio of Maitland,Florida its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ********************Twenty Five Million******************** Dollars ($ **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 Attomey(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 UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Corporate"Seals, `\C SRPCToRy"���� `•�1Eg 5URFry�. .`��`<b°ND NCc'04 `�.`a`y•nswa���.,, OK^p909ATF0 As, o 1.7 1 3 x > I/ w' By. c% SEPT 25.1990 t L r Z N � _ s t= Daniel P.Aguilar,Vice President Te OF„...... u* State of California County of Los Angeles $S: On 10th day of beceinber,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 t '40 " Commission el 1998$19 Signature 1J. — (Seal) ti 9 idoWyPublic-Cuneate .t- j los Angeles Coonle - i - Comm Erev Dec 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 12th day of December , 2014 • Corporate Seals c"oiRPC �S su ;:o *yin c�." • " waRvosraEn _tl i Vin' O' a` - - L__ ; 4 Bond No 1001028942 g SEPT 25- '• 90 ..= r st a'= se/ =z =, `s,. ? Jeannie Lee, 7 sistant Secretary Agency No 16866 .�41iFoei'h o'Num1n %��nCoF1E!:,o '�,,,,,,,,,*„1 ACOR ®ODATE(MM/DDIYYYY) 41......---- CERTIFICATE OF LIABILITY INSURANCE 12/16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 COOJamie Greene Bowen,Miclette&Bntt of Flonda LLC PHONE 407-647-1616 FAX 4 1020 N.Orlando Avenue Suite 200 (A/C Na.F,t) .Not. 07 28-1635 Maitland FL 32751 ADDRESS.certificates@bmbinc.com 1 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 INSURERE. Orlando FL 32819 INSURER F COVERAGES CERTIFICATE NUMBER:1199406591 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 SUER POLICY EFF POLICY EXP LTR INSD WI VD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LiMR$ A X COMMERCIAL GENERAL LIABILITY Y Y GL0014647 11/1/2014 11/1/2015 EACHOCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 __ X' Contractual Llab MED EXP(Any one person) $5,000 _ PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 POLICY X jE a I 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) $ AUTOSO ED SCHEDULED AUTOSBODILY INJURY(Per aoddent) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ A X UMBRELLA!JAB X OCCUR Y UMB0015393 11/1/2014 11/1/2015 EACHOCCURRENCE $4,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION Y 001WC14A69401 11/1/2014 11/1/2015 X PER 7411- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes,descnbe under DESRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H 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 wntten 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 t ©1988-2014 ACORD CORPORATION. All rights reserved. A('.ARf1 25/907d/nit Tha A(;ARI1 names and Innn ara ranlutarar(marks of A(:ARA AGENCY CUSTOMER ID: JORDANBROT ,----"N LOC#: ® A��vADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen,Miclette&Bntt 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 written contract with the Named Insured When required by wntten 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. Certificate Holder Includes Tetra Tech,201 E Pine Street,Suite 1000,Orlando,FL 32801;Gator Sktch Corporation, 1295 B West Highway 50 Ste B,Clermont,FL 34711. RE Lake Hiawatha Preserve Phase 1B Project ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. Tim A(:ARrl nama and Innn ara ranlafararf mark of Af:AR11 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 writing 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. 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"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: 1. The prepanng,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 copynghted 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 dam 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 copyrighted material of the Insurance Services Offices.Inc with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group