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2017-28 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this Jay of Alfa 2017, A.D., by andbetween.the City of Clermont, 685 W. Montrose Street, Clermont, Florida (hereinafter referred to as"OWNER"), and OELRICH CONSTRUCTION, INC., 275 NW 137th Drive, Suite A, Jonesville, FL (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. 17-026, titled Construction of Victory Pointe Wetland Park 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-total_contract sum shall not exceed NINE MILLION, FOUR HUNDRED FIFTY THOUSAND, THREE HUNDRED SIXTY SEVEN DOLLARS ($9,450;367.00). 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 THREE HUNDRED THIRTY-FIVE (335) calendar days, unless the period for completion is extended otherwise bythe 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. 1 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 specifications. All p Drawings and Specifications have been read and carefullyconsidered bythe 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 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. 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 2 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 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 authorization 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 3 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 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,material 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, 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 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. 4 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. 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 materials 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. 5 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 during 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 n 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 $5,000,000 per occurrence to follow primary coverage Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. (d) Builders Risk Insurance Policy one hundred percent(100%) of contract value. (e) Professional Liability Coverage, $2,000,000 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. 6 5) 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 Coverage. 6) Contractual Liability Work Contracts - The Constractor'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,GAI Consultants,Inc. and its agents and.employees 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. Such obligationshall 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 Section. (b) In any and all claims against the OWNER, GAI Consultants, Inc. 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 coverages 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. 7 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: Oelrich Construction, Inc. 275 NW 137`h Drive, Suite A Jonesville, FL 32669 Attn: Ivan Oelrich, President OWNER: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 8 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 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 (0 Complete performance of any work that is not terminated. 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 arising 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 verified to be incidental to such termination. 9 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 described 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. 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 prior 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. 10 9) Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. 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 the Construction of Victory Pointe Wetland Park Dated January 31,2017, including all addenda. The specifications also include the AIA 201 GC's which shall be an integral part of the contract agreement between the City of Clermont and the Contractor. In the event of a conflict between the contract agreement prepared by the City of Clermont and the AIA 201, the City contract 11 shall take precedence unless the terms and conditions of the AIA 201 are more stringent, in which case the AIA 201 will take precedence. 3) Plans for Construction of Victory Pointe Wetland Park drawings Dated January 31, 2017, including all addenda. 4) All documents contained in RFB No. 17-026, Construction of Victory Pointe Wetland Park and CONTRACTOR's response thereto including, the Instructions to Bidders and proposal guarantee, if any. 5) Payment and Performance Bonds iziin IN WITNE,Sr,,Si WHEREOF,the parties hereto have executed this Agreement on this day of J"(Q.Y4 2017. City of Clermont /_ , Gail` L:Ash., Mayo Attest: AZ/ . . Denise Noak, Acting City Clerk O . . �:a.�• N INC. — -1111111111111111111111111111111A1111\ - eiRMirir�� l (Print Name and Title) If a corporation, affix corporate seal and have corporate secretary attest. Attes . , / r if Corp r e Secretary A17,1134A1 ci/t/W (Name Printed or Typed) 12 EXHIBIT A SECTION — C REVISED PRICE SCHEDULE Final Completion Lump Sum Price (as per construction documents) (Words) Nine Million Two Hundred Thirty Five Thousand Three Hundred Sixty Seven (Figures) $ 9,235,367 Contractor's Days to Substantial Completion: 335 Calendar Days. Not to exceed: Three Hundred Thirty-Five (335) Calendar Days From Notice To Proceed to Substantial Completion. Final Completion Not To Exceed Thirty (30) Calendar Days Thereafter. Alternate No. 1 — Composite Decking ADD X DEDUCT NO CHANGE NOT APPLICABLE (Words) Ninety Thousand (Figures) $ 90,000 ADD 0 DEDUCT 0 calendar days to adjust the Contract Time for this alternate. Alternate No. 2 — Suntree Box at DP-20 ADD X DEDUCT NO CHANGE NOT APPLICABLE (Words) One Hundred Twenty Five Thousand (Figures) $ 125,000 ADD 0 DEDUCT 0 calendar days to adjust the Contract Time for this alternate. RFB No: 17-026 Page 11 of 51 SECTION — C REVISED PRICE SCHEDULE Unit Price for additional de-mucking: $ 23 / cubic yard Unit price for additional wood pile: $ 12 / linear foot Unit price for additional sheet pile: $ 35 / square foot Unit price for non-organic fill: $ 13 / cubic yard 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): Oelrich Construction Street Address: 275 NW 137th Drive,Suite A,Jonesville, FL 32669 Mailing Address(if different): Telephone: 352-745-7877 Fax: 352-745-7878 Email: ivan@oelrichconstruction.com Payment Terms: % days, net FEIN: 32 - 0128914 Professional. License No.: CGC 1510579 Signature: Date: 03/02/17 Print Name: Ivan Oelrich Title: President Does the respondent accept payment using the City's MASTERCARD? El Yes ® No END OF SECTION —C RFB No: 17-026 Page 12 of 51 ' .-----'1 OELRCOI OP ID:AN ,a►c---- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) k...._---- 03/29/2017 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 Johnson &Fletcher Insurance NAME: Johnson&Fletcher Insurance 3225 N W 13th Street _CAI/Co,No EXt):352-373-4381F N 352-373-2501 Gainesville,FL 32609 E-MAIL ( �' JOHNSON&FLETCHER INS ADDRESS:receptionist@JFlnsurance.net INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Evanston Insurance Company 35378 INSURED Oelrich Construction,Inc. INSURER B:Owner's Insurance Company 32700 275 NW 137th Drive,Suite A INSURER C:BridgefieldEmployerslnsCo 110701 Jonesville,FL 32669 INSURER D:LibertylnsuranCeUnderwriters INSURER E:ALLIED INSURANCE CO INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR1 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INSD I WVD POLICY NUMBER (MM/DDIYYYY)I(MM/DD/YYYY)I LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE X OCCUR 3C6993 07/23/2016107/23/2017 PREMISES Ea occur encel $ 50,000 I 1MED EXP(Any one person) $ 5,000 I PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 I POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINEDtSINGLE LIMIT $ 1,000,000 B X ANY AUTO 4955111100 07/23/2016 07/23/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NONOS-OWNED PROPERTY DAMAGE AUT (Per accident) $ X UMBRELLA LIAB X OCCUR I EACH OCCURRENCE $ 5,000,000 D EXCESS LIAB CLAIMS-MADE 1000056314-04 07/23/20161 07/23/2017 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATION _ AND EMPLOYERS'LIABILITY X I STATUTE I X ER H Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE 0830-52844 07/23/2016 07/23/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Prop/OfficeTrailer IACP CPPZ 3007830670 07/23/2016 07/23/2017 RC 38,000 Deduct 1,000 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Construction Management 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 I ©1988-2014 ACORD CORPORATION. All rights reserved. FRONT PAGE OF PUBLIC PAYMENT & PERFORMANCE BOND In compliance with F.S. Chapter 255.05(1)(a) Bond No.: 106646365 Contractor Name: Oelrich Construction, Inc. Contractor Address: 275 NW 137th Drive, Suite A Jonesville,FL 32669 Contractor Phone No: 352-745-7877 Surety Company Name: Travelers Casualty and Surety Company of America Surety Company Address: One Tower Square Hartford, CT 06183 Surety Company Phone No: 860-277-0111 Agent Name: Waldorff Insurance & Bonding, Inc. Agent Address: 11.10 NW 6'h Street Gainesville, FL 32601 Agent Phone No: (352)374-7779 Obligee Name: The City of Clermont Obligee Address: 685 W. Montrose Street Clermont, FL 34711 Obligee Phone No: 352-241-7350 Bond Amount: $9,450,367.00 Contract No: (if applicable) 17-026 Description of Work: Victory Pointe Wetland Park Project Address: City of Clermont. FL FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be pre-printed thereon. Bond No.106646365 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: Oelrich Construction,Inc.,275 NW 137th Drive,Suite A,Jonesville,FL 32669 (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR,and • Travelers Casualty and Surety Company of America,One Tower Square,Hartford,CT 06183 (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: Nine Million,Four Hundred Fifty Thousand,Three Hundred Sixty Seven Dollars and 001100 (Ddlar Amount in Words) ($9,450,367.00 (Dollar Amount in Numbers) (Sum equal to 100 porcont of Contract amount) for the payment whcroof 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 March 14th,2017 .entered into a Contract with OWNER for: Victory Pointe Wetland Park in accordance with Drawings and Specifications prepared by 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 promptly remedy the default, in accordance with Section 255.05, Florida Statutes, or shall promptly, RFB No: 17-026 Page 31 of 51 Bond No.106646365 SECTION — K BONDS 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 tho 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 dolivory 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:17-026 Page 32 of 51 Bond No.106646365 SECTION - K BONDS THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS 29th DAY O F March 2017. / ^ (Princi.: Seal) i Ag4/74141111116�'��/ �nc ons I "tness) / Bye '-"4"1.11 (Manual Signature) Al & d1 get. (Title) Travelers Casualty and Surety Company of America LLOL4 (Surety) (Seal) (Witness) — gy; Ve"Ak 0444.3 (Manual Signature) Paul A.Locascio,Attorney-In-Fact&Fla.Resident Agent (Title) (RuSiUelil Ayent as Attuuey-iu-Fact) e76Q4— (Witness) One Tower Square,Hartford,CT 06183 (Aaaress) 860-277-0111 (Telephone Number) Power of Attorney attached hereon: 03129/2017 RFB No: 17-026 Page 33 of 51 Bond No.106646365 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 Oelrich Construction,Inc.,275 NW 137th Drive,Suite A,Jonesville,FL 32669 (Full name and address or legal title of CONTRACTOR) as Principal,hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of America,One Tower Square,Hartford,CT 06183 (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: Nine Million,Four Hundred Fifty Thousand,Three Hundred Sixty Seven Dollars and 00/100 (Dollar Amount In Words) ($ 9,450,367.00 (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 March 14th,2017 , entered into a Contract with OWNER for the construction of Victory Pointe Wetland Park , in accordance with Drawings and Specifications prepared by 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: 17-0213 • Page 31 of 51 Bond No.106646365 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 suitor 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 poriod of limitation pormittod 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,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. RFB No:17-025 Page 35 of 51 Bond No.106646365 SECTION — K BONDS 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 SCIfgaINA SIGNED AND SEALED THIS 29th DAY OF March 17 (Principal) (Baal) (")tncos) By: (Manual Signature) (Title) Travelers Casualty and Surety Company of America (Surety) (Seal) (Witness) By: e0A,.4-- a' o (Manual Signature) Paul A.Locascio,Attorney-In-Fact 8 Fla.Resident Agent (Title) (Resident Agent as Attorney-In-Fact) c (W itneec One Tower Square,Hartford.CT 06183 (Address) Power of Attorney attached hereon: 03/29/2017 RFB No: 17-028 Page 36 of 51 ;r WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4 ► POWER OF ATTORNEY TRAVELERS J ` Farmington Casualty Company` St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. Certificate No. 007078033 231643 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly!organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint L.Dale Waldorff,Pamela L.Jarman,Benjamin H.French,Paul A.Locascio,K.Wayne Walker,Clyde D.Hare,and Rebekah G.Wolf • of the City of Fort Walton Beach ,State of Florida ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. . i \ d 1 s [N WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 22nd day of December 2016 . ,..,,,,,'.,..,vi.-‘ , 1+,' `';' ' ,'• Farmington Casualty Company ,t,"-..• ` ti ' St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company,^,j Travelers Casualty and Surety Company _Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company VI or tjA 8Y"r„_ '`��.E a t C't"�SGy 05...04..3,y Ns '�n pyo �iy 6 a 1982 0ato 'r �4"oxro� • 6 -• Q dAb $NTIW. 1951 1 e �!. '� _ 6�•. i� -. g. AHC`a ...sE AM a+� SHAL.+e' ®f�+ t'II i�ji Sb®gyp • /Jzx� < State of Connecticut City of Hartford ss. By: Robert L.Raney,Senior Vice President On this the 22ndday of December 2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St:Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. I 'TAAC . My Commission expires the 30th day of June,2021. * *moo,* Marie C.Tetreault,Notary Public et 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER J I FRONT PAGE OF PUBLIC PAYMENT & PERFORMANCE BOND In compliance with F.S. Chapter 255.05(1)(a) Bond No.: 106646365 Contractor Name: Oelrich Construction, Inc. Contractor Address: 275 NW 137th Drive, Suite A Jonesville,,FL 32669 Contractor Phone No: 352-745-7877 Surety Company Name: Travelers Casualty and Surety Company of America Surety Company Address: One Tower Square Hartford, CT 06183 Surety Company Phone No: 860-277-0111 Agent Name: Waldorff Insurance & Bonding, Inc. Agent Address: 11:10 NW 6th Street Gainesville,: FL 32601 Agent Phone No: (352) 374-7779 Obligee Name: The.City of Clermont Obligee Address: 685 W. Montrose Street Clermont,FL 34711 Obligee Phone No: 352-241-7350 Bond Amount: $9,450,367.00 Contract No: (if applicable) 17-026 Description of Work: Victory Pointe Wetland Park Project Address: City of Clermont, FL FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be pre-printed thereon. Bond No. 106646365 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: Oelrich Construction,Inc.,275 NW 137th Drive,Suite A,Jonesville,FL 32669 (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of America,One Tower Square,Hartford,CT 06183 (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: Nine Million,Four Hundred Fifty Thousand,Three Hundred Sixty Seven Dollars and 00/100 (Dollar Amount in Words) ($9,450,367.00 (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 March 14th,2017 , entered into a Contract with OWNER for: victory Pointe Wetland Park in accordance with Drawings and Specifications prepared by 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 promptly remedy the default, in accordance with Section 255.05, Florida Statutes, or shall promptly, RFB No: 17-026 Page 31 of 51 f , Bond No. 106646365 SECTION— K BONDS 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 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: 17-026 Page 32 of 51 Bond No. 106646365 SECTION — K BONDS THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS 29th DAY O F March 2017. '11.; l �i �` 1 �`, -4: ' /4( i ir,..7_______7_ - incipal) (Se' :, —:',.. .„. ' - ;•.) • ' i • : , do .....bia........- ... __.air1 h Construc .1 . -v'' ' ', id (-CI - fitness) (Manual Signature) ''..) o' r,)' ' P. ..44 ...: .'''''7:''.;,"'' C' Ertnr.00 (Title) � !, - n '• •�°: i Travelers Casualty and Surety Company of_AmQr(ca =:y t :•Y (Surety) (Seal) : -i -A • 11t.QPJA.._/' . ` (Witness) ( ; , ;1• ,, By: f� Q • oc o-4- ',. ,;-, ;�;, ,., (Manual Signature) Paul A.Locascio,Attorney-In-Fact&Fla.Resident Agent (Title) /0 I//, / (ResidanlAyent d5 Allcniiey-in-Foul) (Witness) '`//./(T One Tower Square,Hartford,CT 06183 (Address) 860-277-0111 (Telephone Number) Power of Attorney attached hereon: 03/29/2017 RFB No: 17-026 Page 33 of 51 Bond No. 106646365 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 Oelrich Construction,Inc.,275 NW 137th Drive,Suite A,Jonesville,FL 32669 (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of America,One Tower Square,Hartford,CT 06183 (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: Nine Million,Four Hundred Fifty Thousand,Three Hundred Sixty Seven Dollars and 00/100 (Dollar Amount in Words) t$ 9,450,367.00 (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 writton Agrccmcnt datod March 14th,2017 , ontorcd into a Contract with OWNER for the construction of Victory Pointe Wetland Park , in accordance with Drawings and Specifications prepared by 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: 17-028 Page 31 of 51 Bond No.106646365 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 privitywith the Principal p opal 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,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. RFB No: 17-026 Page 35 of 51 Bond No.106646365 SECTION — K BONDS 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 29th DAY OF March 2017. Oelrich Construction,Inc. ,, ' , / Pri. (Baal) `; >�'. ,' itn c s3) �_� C By. .I �'.. j c (Manual Signature) b' �! (Title) I Travelers Casualty and Surety Company of America ',, ' ,/ (Surety) (Seal) 1- ", , �' 1141Y (Witness =•. 4( J_) `By: C CC. ` o /- (Manual Signature) ' Paul A.Locascio,Attorney-In-Fact&Fla.ResidentAgenl° 1\ . (Title) `___..\�''14'4 --76C(jE (Resident Agent as Attorney-in-Fact) (Witness) One Tower Square,Hartford,CT 06183 (Address) Power of Attorney attached hereon: 03/29/2017 RFB No: 17-026 Page 36 of 51 • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER eA► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company - Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. Certificate No. 0 0 7 0 7 8 0 3 2 231643 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint L.Dale Waldorff,Pamela L.Jarman,Benjamin H.French,Paul A.Locascio,K.Wayne Walker,Clyde D.Hare,and Rebekah G.Wolf of the City of Fort Walton Beach ,State of Florida ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pernlitted'in any'actions or proceedings allowed by law. lam" 4 IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 22nd December 2016 day of Farmington Casualty Company � (t St.Paul Mercury Insurance Company Fidelity and Guaranty.InsuranceeCompany 2_ Travelers Casualty and Surety Company Fidelity and Guaranty InsuranceUnderwr ters, Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GASU^, . �� F\RE 44 t F}N �MfL �... \ ,0r AN° St Y ti?ocP°Mr, < r�Q:..W•.' f ,.....-..,vy{ a° a` cFa°aw,nt 4�tJ1t Mb Z 1982�d o a�tbRATfD }N 4.a m ;:�apoRAr� t HMTMRD,sw �'4i a SD t:1947;) _ IR' nJ Si4�• 'oi 5 CONN. n 8 "�� s A9B 1951 y L � SEAL�o, oe:SBAL:'Dr eo O'V �y. *F+ d `� ti "`�a,��,xNcc ;jL 1 y..., a ''r �a �rM �_..�p dr . + AV( kin State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 22nd day of December 2016 before me personally appeared Robert L.Raney,'46 nowledged himself,to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty lnsurai ce U ide writeistInc:,.St Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty l,Seiety'�ompany Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized t�Pdo eae�ciutt:d the,�t"� going instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. = 7 • ft; :AY<i ryd r a _ In Witness Whereof,I hereunto set my hand and official seal. TENver/ ' ' My Commission expires the 30th day of June,2021. * '°UBUG # Marie C.Tetredtili;Nlidtan§;)? blic,t's�' 49/ECC*5 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • 1` l WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian lnsugrance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United&States Fideli y and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compatiies;.which is in=full force`'and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affi ex d the seals of said Companies thisz 7 day of March ,20 a Irl ` et-. • Kevin E.Hughes,Assistant Sec tary r�+v, v1 SS S�47 yhS�•U'Y,��,t��)` ro®! zil.f a%. S;UFsip4.ip+P•,.NS4a e o�• 4arjot : � e'- O S� t � ?ORA 4.'..0 JYqy0 *•1s-ry5j `1982 0 ,EcrS 1951 p EALIaof HARTFO COHHRD . p1896 9Q0`D � s+. 0,...;7;4b 0.4 /,1 ANA To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. ----- . i •• WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Orlando Office T 407.423.8398 618 East South Street F 407.843.1070 Suite 700 Orlando, Florida 32801 gai consultants November 9, 2017 Mr. James Kinzler Assistant City Manager City of Clermont, Florida 685 W. Montrose Street Clermont, Florida 34711 Proposal for CEI Services- Amendment #1 Victory Pointe— Development Improvements Project No. A151186.00 Dear Mr. Kinzler: Thank you for the opportunity to allow GAI Consultants, Inc. to assist the City of Clermont by providing CEI Services for the above referenced project. Amendment Understanding During the course of excavating Pond #1A the presence of contaminated soils was discovered which requires the contractor to excavate the contaminated soils and proper disposal at the JED Landfill in Osceola County. Due to the nature of this unforeseen work, additional onsite inspection will be required to verify the proper removal and disposal of the contaminated material. Scope of Services for Soils Based on our understanding of the additional inspection requirements discussed for monitoring the removal of the contaminated soils and backfill of the affected locations, GAI will perform the following described additional Scope of Services: 1.0 Contract Administration • Verify the proper disposal of the contaminated soils by collecting and reviewing the manifests daily. • Review the contractor's daily quantities for the unforeseen work and verify the quantities represent actual work completed. • Maintain field sketches, field notes and pictures documenting the unforeseen work performed by the contractor, as authorized by written direction from the Engineer. • Provide weekly updates to the City of Clermont concerning the approximate quantity excavated and overall progress of the unforeseen work. • Review the contractor's final request for payment for overall accuracy and submit a recommendation for concerning payment to the City of Clermont. Mr. Kinzler Page 2 March 13,2017 Victory Pointe—Development Improvements ► 2.0 Inspection Services • Monitor and keep accurate reports of the Contractor's daily excavation activities of the contaminated soils. • Keep onsite daily records of the amount of backfill material imported to replace the contaminated soils. • Provide pre-construction and progress photographic and video documentation. Schedule Services and costs are based on an estimated 5-day work week for a 6 week duration for removal of the contaminated material and backfill of imported fill. Compensation Compensation for services described above is on an hourly rate and cost basis limited by the Total amount below as follows: Description Billable Rate/Hr. Straight Time Hours Total Senior Project Engineer $215.00 6 $1,290.00 Project Administrator S120.00 60 $7,200.00 Contract Support Specialist $87.00 30 $2,610.00 Senior Inspector $100.00 0 $0.00 TOTAL $11,100.00 TASK NO. TITLE PMT. TYPE FEE Task 1.0 Contract Administration Hourly Rates $11,100.00 Amendment #1 TOTAL $11,100.00 Fees are based on the utilization of the existing staff already assigned to the project: ROLE NAME RATE/HR Senior Project Engineer Andre Sutherland, P.E. $215.00 Project Administrator Dominic Fiandra $120.00 Senior Inspector John Powell $100.00 Contract Support Specialist Sandra Calalay $87.00 gaic msultants.c an Mr. Kinzler Page 3 March 13,2017 Victory Pointe—Development Improvements Payment Payments will be made based on the hourly listed above. No laboratory costs are included in this proposal. The majority of the field inspection monitoring the contaminated soils' removal will be accomplished concurrently by GAI's Senior Inspector currently onsite. Please do not hesitate to contact me at (904) 446-0262 if you have any questions or wish to discuss this Proposal. If this Proposal is acceptable, please sign where indicated below and return one copy for our file. This also will serve as authorization for GAI to proceed. REQUESTED AND AUTHORIZED BY: Sincerely, City of Clermont GAI Consultants, Inc. .--� BY: • PRINTED t/✓ NAME: Ate 1 ,a Andre Sutherland, PE Senior Engineering Manager TITLE: tet—.. DATE: 1 gaiconsultants.com OELRICH CONSTRUCTION tai( November 9, 2017 James Kinzler CPM, EA Director of Capital Planning City of Clermont 685 West Montrose Street Clermont, FL 34711 Re: Victory Pointe Park REVISED-Contract Change Order#02-Additional Muck Removal James, Oelrich Construction is pleased to submit the following contract change order proposal for the additional Muck Removal(De Mucking)onsite above and beyond the initial Bid Quantity of 6,300 cubic yards and for importing fill material needed onsite due to the muck removal. All areas below have been De-mucked and verified onsite for muck removal, muck placement, and import fill placement. Additional Muck Removal above the contracted cubic yards(6,300 cy): Stage 1B—Total quantity was calculated from existing elevations surveyed throughout stage 1B as indicated on the 3D model for the top grade then down to a bottom grade of 80.6.The total quantity for Stage 1B is 14,624 CY,there was 2,694 CY of good dirt in Stage 1B that is labeled as good on the 3D model so the difference is 11,930 CY which is all muck. Stage 1B-A total of 11,930 cy muck removed minus the 6,300 cy equals a difference of 5,630 cy Observation Tower-See the attached 3D model.A total of 724 cy of muck removed Land Bridge Area- See the attached 3D model.A total of 2,110 cy of muck removed. When the muck was removed it was dried onsite before it can be used for onsite fill material or hauled offsite. While the wet muck dried we saw a shrinkage rate of 40%. Meaning that the total excavated muck of 14,764 cy has shrunk by 40% and has produced a dry volume of 8,858 cy. The 8,858 cy of dry muck has been placed onsite in the following areas or hauled offsite. See the attached site plan to indicate the areas where muck was placed and the attached haul off tickets: A. Stage 2/3-A total of 4,136 cy was placed in these areas to bring the grade up to a 92 ft elevation and then used on the slopes of the land bridge. B. Area north of SP-4-This area received a total 755 cy. C. Area west of stage 1B sheet piles between the sheet piles and the lumber yard. This area received a total quantity of 1,222 cy. , D. Then we have hauled off a total of 2,745 cy of muck. See the attached load tickets. c rKhcmmstruct ., x-74!-7B7? CL s-co PA CR 0-CO OELRICH CONSTRUCTION iNc. Imported fill material: There has been a total of 4,734 cy of import fill needed to date because of the additional muck removal. The attached site plan shows areas where import fill was placed and then the attached import tickets for each truck load brought to the site. E. Sidewalk area and east slope grade between sheet piles and observation tower along Victory Way—This area required a total of 1,872 cy. F. Observation tower—This area required a total of 738 cy G. Land bridge Area—This area required a total of 2,124 cy Total muck onsite 14,764 cy minus bid amount of 6,300 equals a total overage of 8,464 cy of additional muck removed. 8,464 cy x$23 $ 194,672.00 Total Import fill used onsite to date 4,734 cy x$13 $ 61,542.00 Subtotal for all above items $ 256,214.00 General Conditions $ General Liability $ 2,511.00 Bond Cost $ 3,726.00 Subtotal $ 262,451.00 CM Fee $ 20,996.00 The total cost for contract change order#02 is: Two Hundred Eighty-Three Thousand Four Hundred Forty-Seven Dollars $ 283,447.00 These muck removal and import fill totals are to date. There are more areas onsite where muck has been encountered however it has not been removed yet. Once Oelrich Construction has those quantities known a future change order will be written for additional muck removal and importing fill materials since there will be a need of future import fill on the project. **' 1'h'; ' it't:tnr Sire A ►;'i,'s'.'Y}+1:1 77f+.9 O@tfKhCCnstruCtia1 corn 352-Y45-781 7 CL s-Co 5'(1;V PA CR 0-CO (.9 OELRICH CONSTRUCTION INC Thank you for the opportunity to present this proposal. If you require any further information regarding this issue,please do not hesitate to contact me at any time. Sincerely, Approved by: Oelrich Construction,Inc. ,,.,. ,o.. Signature: Ows Derek Dykes a o.�rs wuno.mm Derei Date: • Senior Project Manager 1< <3 1 7t:No'3'tn f:rm. ;lJfn A „Cer .Nor.V.v tl ?rt.-1-? Oar cha rtstructicncar 32. 45-71V7 CL S-CO PA CR 0-co Victory Point Park Muck and Import Fill November 9, 2017 OELRICH CONSTRUCTION INC. Muck removal Previous bid quantity for muck 6,300 cu /yds Muck known in place (subsequently removed) 14,764 cu /yds Shrinkage factor on muck dry volume 40% Dry volume muck after shrinkage 8,858.4 cu /yds Removal cu/yd rate $23.00 Muck volume overage from bid quantity 8,464 cu /yds Muck removal charges $194,672.00 Muck repurposed into greenspaces Volume repurposed 1,977 cu/yd Hauling credit due to repurpose on site $5.00 Distribution cost for repurposed muck $5.00 Aggregate adjustment $0.00 Usage of dry volume muck A. Stage 2/3 4136 cu/yd B. North of SP-4 755 cu/yd C. West of stage 1B sheet pile 1222 cu/yd D. Muck hauled offsite 2745 cu/yd Aggregate muck 8,858 cu/yd Stage 1B muck volumes only Muck removed 11,930 cu/yd Previous bid quantity for muck 6,300 cu/yd Overage of muck removal required 5,630 cu/yd Muck used for green space import fill 1977 cu/yd Import Fill E. Requirement fr sidewalks along Victory Way 1,872 cu/yd F Requirment for Obervation Tower fill 738 cu/yd G. Requirement for Land Bridge fill 2124 cu/yd Aggregate fill required to date 4734 cu/yd Cost for fill and distribute $13.00 cu/yd Aggregate fill charges to date $61,542.00 Summary charges payable on this change order Muck removal charges $ 194,672.00 Import fill charges to date $ 61,542.00 Insurance cost increase $ 2,511.00 Bond cost increase $ 3,726.00 CM fee $ 20,996.00 $ 283,447.00 91•. 91.•• i \' •133 GO 97.79. --_5;....,4 .:1.,._.* �: ' •, •,Wx-87 /•!- e,,.eo 8060 . .1 \E't, •• ...•:61"`04401 C6+02 11+19-0-,....1$•12 ` 11.00. C4t4Or,' 0 ..„ lige el 92 pt 91 79 ' 91.72 91.80 , 1 ,\ c • .11 91,31 •, 80.t10 los so et 00s� eo a 90.2 x•/' F a,y11.. 9200, ,!31.97 91. p1.2 '91.711'o two tit"�y =_^',� 041+30 .04 CS (1 9158 c0 '`1{Q\\\ 91 ► '1` , iib �Q; } WO ..87 91 F'495C1! :3 , 1'1ID 117{. ..t lilt ri - . F0 2 91 11t�� pi. • ;. t� a •,.04 91.•.:J \\ 91• .-, x,92 i :, 3 4 FL . F.4°91F0+9 t` •1!Il. - 28 F0+ • $f, .‘§k1 57 1, 7 I� ,� ""L�t 0 7 > •7 j 91.::Go GA kik \‘1,1'.1 M •ID •lig 26+ 101 \9tir • `1 c 92 i } 91..00 '4I'i, '1 4 14..: lia RI r4 ., .2�of I 10�0. .i.7 3'1 'n 92.00 n• 4 • NM INN _IMIIIIIG,ITIMIIMIll MN WM Job:POND 18 MUCK 10-30-17 Units:Ft-CY Mon Oct 30,201718:49:21 Page 1 Volume Report _Lli3j8n vs,Existing Area Volume Comp/Ratio Compact Export Change Total Cut Fill OnGrade Cut Fill Cut Fill Cut Fla -Import Per.1 Ft Job Site 54,929 44.165 8.202 2.562 14.624 387 1.00 1.00 14,624 387 14.237 203 ~4 .- --. 4- li.'ti4Rr j. S -.••C _ . ,' 'fi •_ _ N l.i /{1 � ! _ -• -e4 B _-----...... ----A r. 1GO , ,( f� joo \ GD G0 \'(, c 1\W\,'' ;00 `` c0 ! i" -.7° A 744° //r" 11 GO 1 1 i, 1 ,II, .. N, .-. B A = 1 KO 01.0 __ ..------ --- ---.--.... — --- 006 - -- - - -- 1 06.0 -- -- -- ---- -- US _—_-- M.0 , 0.0 400 000 1100 1040 2010 2000 100.0 B 900-- ----- ---'---_4- -``'-- -' 918 H ' I - - 1— _—.. 00 40.0 800 1930 100.0 2040 A, 68 • 86 30 C- , ' CS+C9 91.39 . F p6.3o 8630 9�1 9143 13 p. 86 30 86.30 .' 86.30 ' 86 30 C{+96 C6*6r 09+06 C5.14 91 26 91.34 ,. 91 35 91 44 ..p• = :vdfi Ae:30 8880 . 8830 8630 ` 86.]0 86 30 • C4+80 CN76 C475 CN20 C4•0e C3•68 91.1: 90.90 91Ae; 8106. 90.80 90.36 9016 ,.. SS 30 88.30 08.30 9e.30 86.30 'C3•81 C3.34 C3•61 < V3.54 w 03.50 86 30 V 66.30 66.30 C3)4e78 ID 01 O ONe 05.36 91.66 -} fra.r4 .T Iiiiiisti firab 90..• 89... 99+41 91.33 G Job:LAND BRIDGE 10-31-17 Units:Ft-CY Tue Oct 31,2017 10:32:17 Page 1 Volume Report Design vs.Existing Area Volume Comp/Ratio Compact Export Change Total Cut Fill QnGrade Cut Fill Cut Fill Cut Fill -Import Per.1 Ft LAND BRIDGE MUCK 13.082 13,082 0 0 2,110 0 1.00 1.00 2.110 0 2,110 48 c I I A ilk‘4w A 0 A 023_ 10.0 1005 —• ILO —. 00 400 000 1200 1000 7000 2100 B a.a as 5 I R xo mumminnommi 00 X00 4.4 r r-,..1. , r, g._ e"r"Th C 91 Job:MUCK VOLUMES 10-03-17 Units:Ft-CY Tue Oct 03,2017 16:17:22 Page 1 Volume Report Design vs.Existing Area Volume Comp/Ratio Compact Export Change Total Cut Fill OnGrade Cut Fill Cut Fill Cut Fill -Imoort Per.1 Ft Job Site 3,159 3.159 0 0 724 0 1.00 1.00 724 0 724 12 • B \ Ilp A \ 1 1 ,A4PN>> ., A , B M.4, A • .„ ki i_i__.........____ rD el 5 84.0-60....410- 00 100 100 30.0 010 5D0 Q.0 — — , . ! 00 100 200 30.0 400 000 000 , 70.0 N xi i � r 3 131 :ti m g !! !! !! 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INVOICE TICKET DETAIL DATE 101042017 TIME 16:28:40 4WE __ 1'RUC Ticket No. Quantity Material Truck No. **Detail for Invoice No: 5980 Customer No. 5980 Job No. 170303-01 *Date: 0912542017 63736 7 1.00 LD MUCK DISPOSAL 80150 (3329) 163737' 1.00 LD MUCK DISPOSAL 80150 (3329) x-63735 ' 1.00 LD MUCK DISPOSAL 80150 (3329) • 63739 f 1.00 LD MUCK DISPOSAL 80150 (3329) 637407 1.00 LO MUCK DISPOSAL 80150 (3329) 63741" 1.00 LD MUCK DISPOSAL 80150 (3329) 63742" 1.00 LD MUCK DISPOSAL 80150 (3329) 63743' 1.00 LD MUCK DISPOSAL 80150 (3329) 63744 1.00 LD MUCK DISPOSAL 80150 (3329) 63745 r 1.00 LD MUCK DISPOSAL 80150 (3329) 63740 1.00 LD MUCK DISPOSAL 80150 (3329) 63747/- 1.00 ID MUCK DISPOSAL 80150 (3329) 63748" 1.00 LD MUCK DISPOSAL 80150 (3329) 63749' 1.00 LD MUCK DISPOSAL 80150 (3329) 64734/ 1.00 LD MUCK DISPOSAL 80178 (2012) 64735" 1.00 LD MUCK DISPOSAL 80178 (2012) 64736/ 1.00 LD MUCK DISPOSAL 80178 (2012) 64737/ 1.00 LD MUCK DISPOSAL 80178 (2012) 64738/ 1.00 U) MUCK DISPOSAL 80178 (2012) 64739' 1.00 LD MUCK DISPOSAL 80178 (2012) 64740/ 1.00 LD MUCK DISPOSAL 80178 (2012) 64741/ 1.00 ID MUCK DISPOSAL 80178 (2012) 64742' 1.00 LD MUCK DISPOSAL 80178 (2012) 64744 s 1.00 ID MUCK DISPOSAL 80178 (2012) 93355 1.00 LD MUCK DISPOSAL 80150 (3329) 25 TICKETSI 25.00 LD <===_-===TOTAL FOR THIS DATE 0912542017 *Date: 0912612017 64743• 1.00 LD MUCK DISPOSAL 80178 (2012) 64745' 1.00 LD MUCK DISPOSAL 80178 (2012) 64746' 1.00 ID MUCK DISPOSAL 80178 (2012) 64747' 1.00 LD MUCK DISPOSAL 80178 (2012), 64748" 1.00 ID MUCK DISPOSAL 80178 (2012) 64749' 1.00 U) MUCK DISPOSAL 80178 (2012) 65501' 1.00 LD MUCK DISPOSAL 80178 (2012) 65502' 1.00 LD MUCK DISPOSAL 80178 (2012) 65503' 1.00 ID MUCK DISPOSAL 80178 (2012) 65504' 1.00 LD MUCK DISPOSAL 80178 (2012) 65505/ 1.00 LD MUCK DISPOSAL 80178 (2012) 93351' 1.00 LD MUCK DISPOSAL 80150 (3329) 93352, 1.00 LD MUCK DISPOSAL 80150 (3329) 93353' 1.00 ID MUCK DISPOSAL 80150 (3329) 93354 1.00 ID MUCK DISPOSAL 80150 (3329) 93356, 1.00 ID MUCK DISPOSAL 80150 (3329) 93357' 1.00 LD MUCK DISPOSAL 80150 (3329) 93358i 1.00 LD MUCK DISPOSAL 80150 (3329) 93359' 1.00 LD MUCK DISPOSAL 80150 (3329) Ihv.No.SSW ALUED TRUCKING OF ORLANDO, LLC PACE 2 INVOICE TICKET DETAIL DATE 11A04/2017 TIME 16:28:40 Ticket No. Quantity Material Truck No. 93360 r 1.00 IA MUCK DISPOSAL 80150 (3329) 20 TICKETS 20.00 LD <oea====assas TOTAL FOR THIS DATE 09/26/2017 *Date: 09/2842017 43014 ' 1.00 LD MUCK DISPOSAL 80202 (3459) 66627 � • 1.00 LD MUCK DISPOSAL 80205 (1779) • 2 TICKETS 2.00 LD <= TOTAL FOR THIS DATE 09429/2017 47 TICKETS 47.00 LD <—=asasassazsac= TOTAL FOR INVOICE 5980 111110 Jt.'; 'sncking Inc VV VV .... .'....' .- ' iFame**,Ft 34729 ,;-4:,,.:.:, ,';'''.:4-J.,.:-.•.,?-,•-•;:,!;.:,:.,.-‘,,,:.:,c,-::,' -;;-,;:...4'Rt.,,it:o_;'...?%-;,!*•--.c:4,-„..-Ii--,:,-; '-;:-.-,:', .' .,,'.-, . • t t'' '.:'•''''C: - .3,..`• .....:t;;?,::t .:14'e't:';.f,'!'..:4 t ij'''12.-:‘-:::.:'X*,'Sr.''''.. ' .. .''''.,•'''.::'''.i"- Phone 4O7.4Ø.24 ::.,-. ,,- '',•,',:•"!,,,,.:,....,...'.:';..:.'. •,..,-,-',., -::....:,x-.....'`,..,....1. .1.--;':...:..‘",.ii,"3.:...--..":` ,1-t ?''' ' '''''''' ..v t fox 41.)7.460.22e ---• ' 1 ' • - ' ' - ' '', . • ). *erne- TOON Eatth twvices .....—_,.................. ',fi Adorese- 8470 NE 44e: Dew. Inu s 140715 . 1 OtteStsie Widened Ft, 34)15 Deis 3a.V2046— q////7 Pir 35241543es Terms Due upon real** . . Fax. f,,, anvil tow!finkerotosommiserices us ,... . Attn. Accounts PAYABLE ff Tr u e4 ties *MCI ticket Vs Coebtood Total 0 muck jutagivAL 4$ ys)14 .......„„,.....,„..,,_____,.......r........, 29-Aug 4 443001600626,2 4661164,41.0492 $ .. 30-Aug 2 41100144146103 $ - 31-Aug 5 444401.0,ii66284. 901046441.1111,-; iiilkinSe $ _. ,... 1-Sep S 40nalki, 229703 14401064861001, 466710 $ . ,. S s t _ 1 -4 i'. -: .g: ! 011. ?7(.- 9/7/7 $ ,,zr,,v.v• $ 11(6 4141 ?O‘iif s , • 111k.k. Di'foset 1 s 7 20c y . s , s s s , , ..: . . , . .., . , , • -., s ao...-.. k . ..,-; 4 IzeZ)7slYZI .; i ..,. , s - . $ . -. . s . . ...,. . . , .stal ''''''5'. • ''''''-- '-- . BY1------------- $ - InvOiCtp Total $ . .. ., . • ,..VV . , • epee feeopt.sank et luslowoe dim. Past Due ..:;-. -. V . v slier 14 ape Item die st isio. Late Fee' $ ' ..t _,-...[..„.„,,,::.,,........ ' r *on ft gawk AN suet bs Total. s ._,.....,..._... .. , . ..- . -. ... . - S .p-,,,,,-.::..,,,,,., nom** Ft 14?29 r '};� r .,r :,:':-:::..,.-,..:..:.,;•-..;;.• '-,--.- ---:::-.....::::. Phoni 40,459.2455 ...?--;t:‘,-,:•';: .:-:::-......;.,: ..,..... { For 4074604287 ',..-•,.\ 1 . . Tont.East' ,41 'w ' b470 NE 44irt Ofnfe invoice. • 140815 • - ,. %Mdwood.F1, 347$ Doe. X17 ..1. P+one 352.4 I sAi8se Tom. Due upon n" F Sri r-,:vrr t/r' < c°,i':\ ;?• r.44"!%srernaltl: Adr- Aloe PAYABLE ticket date C. yfidY TxiuM V5 Co:-.41.,').-01 IMO """..., 5-Sep i t 029524. 029626 02952e 58W/13, S$5774, X715, $ f' 408101 08142. 913,9141. 969163. N185 T S - S - $ $ Ck i-,. ;-..7,*( ' / a S + ,5 v�Y SCI ic)(4 L S . u1 fCC.�� ,i cilWyi Sc�iQt $ i g EE!-,!ti. $ s $ • a - �. I amor viii