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09/27/2017 Agreementl V z co R�l � Kevin Madok CPA Clerk of the Circuit Court & Comptroller — Monroe Count p Y, Florida DATE: November 8, 2017 TO: Johnnie Yongue, Project Manager Project Management VIA: Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, D.C. SUBJECT: September 27th BOCC Meeting Enclosed is a copy of Item C3, Contract with Triple M Roofing Corporation for the construction of the Monroe County Sheriff s Office Annex Building (administration building) roof replacement, for your handling. Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney via e -mail Finance via e -mail File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 -852 -7145 MCSO.ANNEX ROOF REPLACEMENT Agreement Between Owner and- Contractor Where the basis of payment is a,STIPULATED SUM AGREEMENT made on September ? 201.7 BETWEEN the Owner: Monroe County Board of.County Commissioners 500 Whitehead Street . Key West FL.33040 And the: Contractor' Triple M Roofing Corp 914 NW 19th Ave ..Ft. Lauderdale, FL 3331:1 For the following Project: MCSO ANNEX ROOF REPLACEMENT Scope of the Work . The Scope of Work shall include; all work shown and listed in the Project Documents The Contractor is required to provide a'complete job as contemplated by the documents, which are a Part of this bid package. Project Documents include Miami Dade NOA 15- 1026.04, Elastizel Literature, Concrecel Test Report, : Fibertite ReRoof Guide,: Seaman. Corp Evaluation Report attached to this RFP. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means: of construction necessary or proper for .performing and completing the Scope of Work, unless otherwise specifically stated. This roofing .project consists of reroofing approximately 12, GOO .square- feet using an adhered Fiber Tite'XT FB 060 membrane: This' specification is constructed around FiberTite Roofing Systems and Seaman Corporation's General Guide Specification as the standard of performance and quality and shall be considered, part of these specifications. _Roofing: Contractor shall furnish all labor, materials, tools, equipment, supervision and permits necessary to remove the existing roof system, including waterproofing membrane(s), flashing, insulation and metal,, down.to the structural roof deck and legally dispose of off -site. Contractor is required to pick up and roof underneath existing conduit and pipes laying on top of roof. Components rigidly connected to the. roof shall be flashed and roofed up to as shown in the manufacturers specifications. AGREEMENT Page_1 of 14 MCSO ANNEX ROOF REPLACEMENT The roofing contractor_ shall inspect the structural roof deck for deterioration and /or structural. . anomalies that would prevent the successful installation of the new high performance membrane - roof system., . If deficiencies are identified contractor shall notify the. owner immediately: Upon the successful removal of the existing roof system::and remediation of any decking issues, the roofing contractor shall .install a new .High Performance Adhered FiberTite -XT FB 060 including roof related insulation and /or cover - . boards, flashings, accessories and related . metalwork in strict accordance. with the contract, drawings and High Performance Membrane Roof System Manufacturer's most - current specifications and details. Following inspection of structural :roof deck, contractor .will. be required to install temporary watertight membrane for the purpose of keeping structure underneath dried in at the end of each day. Contractor shall .insulate on top'of.roof deck with Elastizell Composite insulating Roof Deck System. The- roofing contractor shall be an "Authorized Roofing Contractor of "FiberTite" in good standing and be fully knowledgeable of all the requirements within the contract documents as well as all job. site conditions that could affect their work. Installer Qualifications' A. licensed roofing contractor - authorized by "FiberTite" with a minimum of five (5) years' experience installing the type of roof system specified for this project. Source .Limitations: Obtain all components - including roof insulation and /or cover- board, fasteners- adhesives and. other accessories as required, from the manufacturer. Upon completion of the -roof installation the. roofing contractor, shall- arrange for a quality assurance/ warranty inspection by the Technical Service Department of "FiberTite ". Notice of the inspection date and time will be given _ to the owner / owner's representative at least 72 . -hours prior-to the inspection taking place. Contractor- shall furnish the owner a 20 - year. no- -dollar limit total. system warranty .covering the cost of repairing leaks as a direct result of either defects in =the membrane of the workmanship involved in its installation. The Contractor shall be responsible for complying with regulations, approvals, and permitting by the: City of Key West, any other permitting. or regulatory agencies as applicable: ARTICLE 1 The Contract Documents The Contract Documents .consist of this Agreement, Conditions of the Contract .(General, Supplementary and other Conditions), Drawings Specifications, Proposal Documents, Addenda. issued prior to execution of this. Agreement, together with the response to RFP and:all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties. hereto and . supersedes -prior negotiations, representations or. agreements, either written or :oral. An enumeration of the Contract Documents, other.than Modifications, appears in Article g. In the event of a discrepancy.between the documents,.precedence shall be determined by the order of the documents as just listed. AGREEMENT Page 2 of 14 v MCSO ANNEX ROOF REPLACEMENT ARTICLE 2 The Work this Contract The Contractor shall execute the entire Work described in the Contract Documents, "except to the extent specificallyy indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 11 The date of commencement is the date to. be fixed. in a notice to .proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the -date of commencement or issuance of a Notice to. Proceed. The time or times stipulated .in the contract for completion of the ,work of the contractor of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for. all work, modified by all approved extensions in time as set. forth. by the Director of Project " Management's signature of approval on. the Certificate of Substantial Completion. The . liquidated damages table below shall be utilized. to determine the amount of liquidated. damages. FIRST SECOND. . 31ST DAY & " CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00. and Up 500.00 /Day 1,000.00 /Day . 3,500.00 /Day The .Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension.of time on the Contract. ARTICLE.4 Contract Sum --4.1 The owner shall pay the Contractor in. current funds for the Contractor's performance of the .Contract the Contract Sum of Two Hundred Thirty -Eight Thousand Five Hundred and 00/100 Dollars ($238,500.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternate # 1: No Alternates Specified 4.3 Unit prices, if any, are as follows: AGREEMENT f Page 3 0 14 MCSO ANNEX ROOF REPLACEMENT None ARTICLE 5 Progress Payments 5.1 Based upon Applications. for Payment .submitted by the Contractor to the .Director of Project Management, and upon approval for payment issued by the Director of Project . Management and Architect the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below - and elsewhere in the - Contract Documents: 5.2 The. period, covered by each. Application for payment shall be:. one (1) calendar month ending on the :last day of the month, or as follows: 5.3-. Payment will be made by the Owner in accordance with the Florida Local .Government Prompt Payment Act, Section 218.735,. Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values .shall allocate the entire Contract Sum. among the various. portions of the.Work and be prepared in such form and supported by such. data to substantiate .its accuracy as the Director of Project Management may require. This schedule, unless objected to by the . Director of Project Management, ,shall be used as a basis for reviewing the Contractor's Applications for Payment. .5.5. Applications for.Payment shall indicate the percentage. of completion of each portion of the Work as of-the end. of the period covered by the Application for Payment: 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows::. 5.6.1 Take that portion of the . Contract Sum properly allocable to completed Work as determined by - multiplying the percentage completion of each portion of the Work by the share of the total - Contract Sum. allocated. to that portion of the Work in the Schedule of Values, less retainage: of ten, percent 10 %. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included. in Applications for Payment. The amount of credit to be. allowed by' the Contractor to the Owner for a deletion or change which results in.a net decrease. in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior - to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits. covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change, 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and AGREEMENT Page 4 of 14 ... MCSO ANNEX ROOF REPLACEMENT 5.6.4 Subtract amounts, if any,. for which the Director of Project Management has withheld or nullified a Certificate - for Payment as provided in. Paragraph 9.5 of the _General. Conditions. 5:7 Retainage of ten percent (10 %) will be withheld in accordance. with Section 218.735 (8)(b) Florida Statutes. 5.8 Reduction or limitation of retainage, if any, - shall be as follows: Monroe County is exempt from and not subject to Section 255:078; Florida Statutes, "Public Construction Reta.inage ". Reduction or limitation of retainage, if -any, shall be . reduced incrementally at the discretion of and, upon the approval of the Director of -Project. Management: ARTICLE 6 Final Payment Final payment, constituting the entire unpaid .balance of the Contract Sum, shall be made by the Owner to the Contractor. when. (1) the, Contract has been fully performed by the Contractor except for. the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the .General Conditions and to satisfy other requirements, -if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty . (20) days after the issuance of the final approval. for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1).Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i:e, flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating. and maintenance data, instructions to the Owner's. personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). . AGREEMENT Page 5 of 14 . , MCSO ANNEX ROOF REPLACEMENT ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision. as amended or supplemented by other, provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt.Payment Act and Monroe County Code. 7.3. Temporary facilities and_ services: As described in Section 01500; Temporary Facilities, of the General Conditions: 7.4 Monroe County's performance and obligation to pay under. this contract is contingent upon an annual.appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed :on the convicted vendor list following a conviction for public entity crime may .not submit a bid on - a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a . public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287:017; for CATEGORY TWO for a period of 'thirty -six (36) months from the date of being placed on the convicted vendor list. 7.6 The-following items are included in this contract: P). Contractor shall maintain all books, records, and. documents directly pert inent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized .representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement: If an auditor employed by the. County or Clerk determines that monies paid to Contractor pursuant to this. Agreement were . spent for purposes not authorized by this Agreement, the Contractor shall repay - the monies together with interest calculated pursuant to Sec. 55.03; Florida Statutes, running from the date the monies were paid to Contractor. b) Governing .L' aw, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the -laws of the State of Florida applicable to contracts made and to be performed - entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the. County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights -to trial by jury. The County and Contractor: agree that, in the event of conflicting interpretations of the terms or a term AGREEMENT Page 6 6f 14 mediation prior to the institution of any other administrative or legal proceeding. C) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a 'court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not.be affected thereby; and.: each remaining term,. covenant; condition and .provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by . law unless the enforcement of the remaining terms, covenants, conditions and . provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision -with a valid provision that comes as close as possible to the intent of the stricken provision: d) : Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of. action or administrative proceeding .is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees_ and court costs as an award against. the non- prevailing - party; and shall include: attorney's fees and courts. costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions; and provisions of this Agreement: shall bind and inure to the benefit of the County:and Contractor and their respective legal_ representatives, successors, and assigns. f) Authority: Each party - represents, and warrants to the other that the execution, delivery and performance of this Agreement have been duly. authorized by all necessary County and corporate action, as required by law. Each. party agrees that it. has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of- counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be'approved by each party prior to. submission. h) Adjudication of Disputes or Disagreements: County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, .hearings, processes, meetings, and other activities related to the substance of this Agreement - or provision of the services under this Agreement. County and Contractor specifically agree that no party to this AGREEMENT Page 7 of 14 MCSO ANNEX ROOF REPLACEMENT Agreement shall be required to enter into any arbitration proceedings related to this Agreement: j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,- relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color, religion;. sex, and national origin; 2) Title IX of the Education Amendment of 1972; as amended (20 USC §§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of. sex; 3) Section .504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), -as amended, : relating to nondiscrimination on the basis of. drug abuse; 6) The Comprehensive . Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, § §. 523 and 527 (42 USC §§ 690dd -3. and 290ee -3), as amended relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities. Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of,disability; 10) Monroe County. Code Chapter 13, Article VI, which prohibits: discrimination on the basis of race, color, sex, religion, national origin,. ancestry, sexual orientation, gender identity or expression, familial status or age; and .11) any other nondiscrimination provisions in any federal . or state,. statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor . covenant that neither presently has . any interest; and shall not acquire any interest, which would conflict, in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers And employees of the County recognize and will be required to. comply.with the standards of conduct for public officers and employees . as delineated in Section 112.313, 'Florida .Statutes, regarding, but, not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation /Payment. The County and Contractor warrant that, in. respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement.and that it has not paid or agreed to pay -any person, company, corporation, individual, or firm, . other than a bona fide employee working solely for it, any fee,. commission, : percentage, gift, .or other consideration contingent upon or resulting from the award AGREEMENT Page ,8 of 14 . MCSO ANNEX ROOF REPLACEMENT or making of this Agreement. For I the breach or violation - of ttie provision; the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its - discretion, : to offset from. monies owed; or:. othenivise recover, the full amount of such fee, commission, percentage, gift; or consideration. n) Public Records Compliance. Contractor must. comply with, Florida public_. records laws, including but not limited to Chapter.119,' Florida Statutes and Section 24 of article I of the Constitution. of Florida. The County and .Contractor shall allow and permit reasonable access to, and inspection of,, all documents, records;. papers, letters or other "public record' materials in its possession or under its subject to the provisions. of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction . with this contract rand related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor:' Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with Ahat proceeding. This provision shall . survive any termination or expiration of.the contract. The Contractor.is encouraged to consult with its_ :advisors about Florida Public Records Law in order to comply with this provision -. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that -would be required by the County to perform the service. (2) Upon receipt from the.County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that.public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the - service, If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor_ keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian ..AGREEMENT Page 9 of 14 MCSO ANNEX ROOF - REPLACEMENT of records, in a format that is compatible with the - .information technology systems of the County. (5) A request to inspect or copy.public records:. relating to -a County contract must be made directly to: the County, but if the County does not possess the requested records, the County shall immediately notify, the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied. within a reasonable time. If the Contractor does not comply with the County's. request for records, the County shall enforce the public records contract provisions in accordance with - the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records_ request within a reasonable time may be subject to penalties under Section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release alter, destroy or otherwise dispose of any public records,unless or otherwise provided in this . provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE, PUBLIC RECORDS ' RELATING. TO THIS CONTRACT, CONTACT THE. CUSTODIAN. OF PUBLIC RECORDS,, BRIAN BRADLEY-AT PHONE# 305- 292 -3470 BRADLEY- BRIAN @MONROECOUNTY- FL.GOV. MONROE .COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,.KEY WEST, FL 33040. o). Non- Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County ,in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits, which apply to the - activity of officers, agents, or employees of any public agents ' or employees of the County, when performing .their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such . functions and duties - of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non- Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of. actual and timely performance thereof.byany participating entity, in which case.the performance, may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it AGREEMENT Page 10 of 14 7�1 1711 rip � I be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be.. executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability .under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will AGREEMENT Page 11 of 14 In the event that the completion of the project (to include the work of others) is delayed; or suspended as a result of the Contractor s failure to purchase. or maintain the required insurance, the Contractor shall indemnify the County from any and all increased, expenses, resulting from such delay. Should any claims be asserted against . the. County by virtue of any deficiency. or ambiguity in the. plans and specifications provided by the Contractor, the Contractor agrees and warrants that the :Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first. ten dollars ($10.00) of remuneration paid to the Contractor is for the' indemnification provided for the above. w) . Section Headings. Section headings have been inserted in this. Agreement as a matter of convenience of reference only, and it is agreed that.such section headings are. not a part of this Agreement and will not be used in the interpretation: of any provision of this Agreement: x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the _policy of the County that DBE's, as defined:. in C.F.R. Part 26, as amended,. shall have the opportunity to participate in the performance of contracts financed in whole or in part with. County funds -under this agreement.. The. DBE _requirements of applicable federal and state laws and regulations .apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity .to participate in the performance of the Agreement. In this regard, all recipients and contractors shall ake all .necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall -not discriminate on the, basis of race,' color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors..lnthe event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the, COUNTY as an additional insured on all insurance policies required by the County. In addition,. the Contractor specifically agrees that all agreements . or contracts' of, any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to: conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. . 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery, Notice shall be sent to the following persons: AGREEMENT Page 12 of 14 IUICSO ANNEX ROOF REPLACEMENT For Contractor: Tom Milanese Triple M Roofina Corp. 914 .NW 1 gth Ave. Ft Lauderdale.. FL 33311 954- 524 -7000 For Owner: Director of Proiect Management : Assistant County Administrator. PW & E 1100 Simonton St., Room 2 -216 1100 Simonton St Key West, FL 33040 Key West, FL 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article .14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The _ Contract Documents, except for 'Modifications issued after. execution of this Agreement, are enumerated as follows:. a) Drawings: No Drawings for this project. b) Elastizell Product information sheet Fiber Tite Roof Guide written for MCSO Reroof ConcrecelTest Report Fiber Tite Miami Dade Notice of Acceptance (NOA) 9.1.1 The. Agreement is this executed Standard Form. of Agreement. Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract. for Construction. 9.1.3_ The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: July, 2017. 9.1.4 The Addenda, if any, are as follows: Number Date Page None This.-Agreement is entered into as. of the day and year first written above and is executed in at ..least two (2) original copies of which one (1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE'PAGE TO FOLLOW AGREEMENT, Page 13 of 14 MCSO ANNEX ROOF REPLACEMENT E;ze'cution by the�Contractor must be by a person with authority to bind the entity. SIGNA`f RE OF' EE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. ;��� BOARD OF COUNTY COMMISSIONERS Attest' KevmjMadok, Clerk OF MONROE COUNTY, FLORIDA a^ � ep ty Clerk Mayor /Chairman Date V7 20 17 �o I�Q UO a� <w Q Q CONTRACTOR'S Witnesses Attest: CONTRACTOR: Tri le M Roofing Corp. Contract pr m rovide tw itnesses signatur s Signature: Signature: &4 Print Name. Thomas J. Milanese Print Name: Pamela Shurak Title: Contracts Manager Date: and Signature: Print Nam essica Caceres Title: Controller Date: � l 13 J / STATE OF FLORIDA, COUNTY OF 7--11 VL/O� = - On this day of , 20 , before me, the undersigned;-! flUrrf personally appeared o'? l� to me to be the person wh subscribed above or who produced as identification, and a that he /she is the person who executed the above contract with Monroe Coun ANNEX ROOF RV4LACEMENT �for the purposes therein contained. Notary Public Print Name /l/G' /V/ E My commission expires: Title: President -Date: " MONROE COUNTY ATTORNEY PP VED AS TO ORM uz CHRIS AMBROSIO ASS TANT COUNTY ATTORNEY Date: f / q V / - ? Iry pu ,.: : named vWledg = r MCSp LX �XPIFES: , A CO.. 7 rni - E:nvri;ers Seal � N -V 'a5 �.QCK MY COMw:•..... r fir= C65. °,39 :;� t LX �XPIFES: , ri;_ .. ` 201 R ed Th_ - E:nvri;ers AGREEMENT Page 14 of 14 ACiAZLP CERTIFICATE OF LIABILITY INSURANCE [ -- 7ATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10/212017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 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 N AME: - _Pettln Ins uran ce Agency l l nc. - . , — __ Pettineo Insurance Agency, Inc. Pt "NQ ExtJ:_954_493 -9424 954-493-8968 2430 E Commercial Boulevard MAIL Fort Lauderdale, FL 33308 _ INSURER jSl AFFORDING COVERAGE _ _ _NAIC# INS URERAAThe Burlington Insurance Co. •,__�.� �___— -- INSURED IN SURERS : H u dso n $ ecialt Insurance Co. P Y _ Triple M Roofing Corp. INS in surance Compay „ _ �_ 914 NW 19th Avenue INSURER D : _ Travelers 27998 IN SURER E : MED EXP (A one Person). --�$ INSURERF: A Fort Lauderdale FL 33311 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, EXCLUSIO AND CONDI TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'go -- 118R —�� -- —^ � - - -- i ppLICYEFF POLICY EXP L TR TYPE OF INSURANCE POLICY NUM13FR I (M MlOD1YYYYI IMMIDDIYYYY) LIMITS X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE h OCCUR REMI F,S,_(Ea =, re +�cs�_t _ $ 100 000 MED EXP (A one Person). --�$ A I Y Y 289BW39688 51112017 5/1/2018 PERSONAL &ADVINJURY - ,.._.5,000_.. $ _____ __1.000, 000 _ GENERAL A GGREGATE - - GEN'L AGGREGATE LIMIT APPLIES PER: $ �2 v — E ((^ POLICY LOC PRODUCTS - COM /OP AG G ..— ._._.�.— ._ $ _ 1,000 000 _ . —­­­ OTHER: ( 1 .._.._._ $ AUTOMOBILE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT jEo acclda;iq_ -- S 7 ANY AUTO . BODILY I NJUR Y (Per person) — S D --- OWNED SCHEDULED�� AUTOS ONLY AUTOS Y Y BA- 3J367451- 17 -SEL 5/112017 5/1/2018 BODILY INJURY (Per accident) --- $ HIRED NON-OWNED _ pR ©pERTYpAMnGE _ AUTOS ONLY AUTOS ONLY PIP $ UMBRELLA LIA9 —X'�j OCCUR EAC OCCURRENCE $ 5,0 00 OOU__ B X - -_ EXCESS LI _ I CLA _ Y Y HXS1026801 5/1/2017 511/2018 AG GREGATE I - - °— $ 5.000,000 --- DED I RETENTION$ i- 1 5------- , -_.__. WORKERS COMPENSATION l PER 0TH - AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? �� NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYE 5 It yes, describe under ---------- •--- -- - __.._._.______ DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ C INLAND MARINE NN796163 5/112017 5/112018 LIMIT $230,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IF more space Is required) Monroe County Board of County Commissioners is listed as an additional insured, APPR E GEMENT DA E - WAIVE / . y Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©1 8 -2015 AIJORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD TRIPLA CERTIFICATE OF LIABILITY INSURANCE D 0 9129120 129120 7 017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 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 ondor s , PRODUCER 631 - 434 -6666 Oxford Mlllln Ins. Agency 400 Oser Ave.Unit#100 PO Box 11144 C CT James Hughes t4 0 631-434 -6666 FAx 631-434 -6993 Sii} N Ext); (A /C, No): ss Hauppauge, NY 11788 James Hughes____—____ IN. SUR_ E�( S�AQFOFZDfjJG _COVERhGE______,__ ________ INSURERA Continental Indemni Co. _ 28258 INSURED Triple M Roofing Corp. Thomas Milanese INSURER B: -- - - - - -- - -- — — - -- - INSURERC: — 914 NW 191h. Avenue I $ INS D y` FT Lauderdale, FL 33311 I NSURER S: - — INSURER F y COVERAGES CERTIFICATE NUMf3ERc RFVfSInN NIIMRFR• 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 SHO M HAVE BEE REDUCED BY PAID CLAIMS. INSR TYPE OF I NSURA N CE A StX. SUB POLICY NUMBER PMT IC; EYF POD ICY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 0 OCCUR EACH O CCURREN�F. $ �E'L�$-(Ea.0rzvmRG31. —. _ ... -__. — FD EXP (Any on� n $ PF.RSONAI_ .4 ADV INJU __ $ AGGREGATE LIMIT APPLIES PER POLICY n ' ,04T F-1 LOC GENFRAL AGGREG $ 0EN'L PROQUIYTS ACG _ OTHER AU TOMOBILE AU TOMOBILE LIABILITY COMBIN SINGLE LIMIT' $ —i— B01 ILY IN, RY cison (Per Z II,! "_LL $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY IN,AIRY Per accident/ £ EEpp AiITO ONLY AUTO R P Pe,ec �n UMBRELLA LIAR OCCUR EACH OCCURRFNCF. 5 AGGREGATE $_ EXCESS LIAR I CLAIMS -MAD[' ED kETEmot-j$ r' A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY yy ff ANY PROF'RIETORIPARTNFRIFXFCUTIVE N �FFICERIbIEMB�R EXCLUDED' N (.dandatoryin H) 1I es, desuibe under G-SCRIPTION OF OPERATIUNS below NIA 6- 73557 -01 -05 07/2812017 07/28/2016 PER OTH- l9LLt 43 E L E ACH ACCIDE _____ $ 1,000,000 EI. DISF_flSF•EAEMP _ $ 1 L DISEASE - POLICY LIMIT -- -- _ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, maybe attached If mor space Is require ) Protect: Monroe County Sheriffs Office Annex B P QV AGEMENT TE WAIVER N/A ES _--_ Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AL;UKU GO (1U1b1U3) O 1988 -2015 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD t BOND PREMIUM BASED ON FINAL CONTRACT PRICE Swiss R Bond # 9163198 Corporate Solutions PERFORMANCE BOND CONTRACTOR: (Name, legal status and address) TRIPLE M ROOFING CORP. 914 NW 19TH AVENUE FORT LAUDERDALE, FL 33311 OWNER: - (Name, legal status and address) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 CONSTRUCTION CONTRACT Date: SURETY: Washington International Insurance Company 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Amount: TWO HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ----------------------------------------------------------- ($238.500.00) Description: (Name and location) MCSO ANNEX ROOF REPLACEMENT BOND Date: August 24, 2017 (Not earlier than Construction Contract Date) Amount: TWO HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND N01100 DOLLARS ----------------------------------------------------------- ($238.500.00) Modifications to this Bond: QNone Z See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: TRIPLE ROOFING CORP. Company: Washington International Insurance Cbmpany Signatur_ "e r��l Signature: Name / �.K�'J � Name iRubenoff - and Title: ��ics�A! and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other Party.) FLEETWOOD AGENCY, INC. N/A 65 BROADWAY, SUITE 1104 NEW YORK, NY 10006 (212) 968 -9100 a This Document conforms to the AIA Document A312"'— 2010 1 t � R I . The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this bond, except when applicable to participate in a conference as provided in Section 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. This Document conforms to the AIA Document A312""— 2010 2 7. If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for 1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall.be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and prover payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. This Document conforms to the AIA Document ,4312"'— 2010 r 16. Modifications to this bond are as follows: Not withstanding anything herein to the contrary, all actions, claims or demands against Surety, including those for latent defects, must be commenced within two years after the date of actual possession by Owner, the date of the issuance of a certificate of occupancy, the date abandonment of construction if not completed, or the date of completion or termination of the contract between the Principal and the Obligee, whichever is latest. The Principal agrees and the Obligee understands that by accepting this bond, Surety is not subject to the limitations period set forth in section 95.11(3)(c), Florida Statutes, as to latent defects. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY Company: Company: Signature: Name and Title: Address Signature: Name and Title: Address (Corporate Seal) This Document conforms to the ALA Document A312 2010 4 t . Individual Acknowledgment State of _ County of On this day of before me personally came and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My commission expires: Notary Public Firm Acknowledgment State of _ County of to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. On this day of before me personally came me known and known to me My commission expires: Corporation Acknowledgment State of _ County of On this Notary Public day of before me personally came to me known who being by me duly sworn, did depose and say that he is the of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. My commission expires: Surety Acknowledgment State of New York County of New York Notary Public On August 24, 2017 before me personally came Mimi Rubenof f to me known, who, being by me duly sworn, did depose and say that he /she is an Attomey -in -Fact of Washington International Insurance Company the corporation described in and which executed the within instrument; that he /she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he /she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. LAUREN A. KROBOTH NOTARY PUBLIC, STATE OF NEW YORK i My commission expires: ID No. OIKR6133381 QUALIFIED IN QUEENS COUNTY 0000, Notary Public COMMISSION EXPIRES 09/19/2017 p , 6 WASHINGTON 1 NTERNA770NAL INSURANCE COMPANY 475 N. MARTINGALE ROAD, SURE 850, SCHAUMBURG, ILLINOIS 60173 8471273 -1231, FAX: 847- 273 -6406, 8001338 -0753 The undersigned, being duly sworn, says: That he is Senior Vice President of Washington International Insurance Company, Schaumburg, Illinois that said company is a corporation duly organized, existing by virtue of the Laws of the State of New Hampshire and that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress app d; July 1947 6 U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true and�correct state of the financial condition of the said Company on the 31 st day of December. 2015. / WASHINGTON INTERNATIONAL INSURANCE COMPANY Subscribed and swom before me, this 19 day of March, 2016 Notary Public OFFICIAL SEAL M KENNY NOTARY PU8L1C, STATE OF IWNOIS MY COMMISSION EXPIRES 12!04/2017 k WASHINGTON INTERNATIONAL INSURANCE COMPANY A New Hampshire Corporation BALANCE SHEET AS OF DECEMBER 31, 2016 (Statutory Basis) Valuation of securities on National Association of Insurance Commissioner Basis ASSETS LIABILITIES Cash Bonds 12,914,376 Reserve for Unearned Premiums 15,000 Other Invested Assets 82,838,360 Reserve for Losses and Loss Adjustment Expenses 1,881,581 OtherAdmitted Assets Funds Withheld 4,489,638 Taxes and Other Liabilities 9,800,547 Surplus 8,493,056 TOTAL ADMITTED ASSETS 100,242,374 TOTAL LIABILITIES > _ 80,052,190 100,242,374 POLICYHOLDERS' SURPLUS The undersigned, being duly sworn, says: That he is Senior Vice President of Washington International Insurance Company, Schaumburg, Illinois that said company is a corporation duly organized, existing by virtue of the Laws of the State of New Hampshire and that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress app d; July 1947 6 U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true and�correct state of the financial condition of the said Company on the 31 st day of December. 2015. / WASHINGTON INTERNATIONAL INSURANCE COMPANY Subscribed and swom before me, this 19 day of March, 2016 Notary Public OFFICIAL SEAL M KENNY NOTARY PU8L1C, STATE OF IWNOIS MY COMMISSION EXPIRES 12!04/2017 k 1`►I Y411ft"W"1 1 0 NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN D. FILICE, MIMI RUBENOFF and RALPH INFANTE JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9 of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �� G� j po;wtmoro„� � \ T `q Y,O PPGR fys G, p�i :T� - �At1 �NS %. - (i rj Seven P. Anderson, Senior Vice President of Washington International Insurance Company 2: - s i = ,Z 1873 tu: rj F & Senior Vice President of North American Specialty Insurance Company ; m z ZZ By 'fa`�• �� ? ?O � �t7:, cry s Michael A. Ito,Bmmr as ingtonJutemahonall Insurance Company & Smior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19th day of January 2016 • North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as ' On this 19th day of January 202 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFRCIAL SEAL M KENNY NOTARY PUBLIC, STATE OF IWNOIS MY COMMISSION EXPIRES 12l04I I) M. Kcnny, Notary Public I, Jeffrey Goldberg_ , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2 day of August 20 17 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company I. Corporate Solutions PAYMENT BOND CONTRACTOR: (Name, legal status and address) TRIPLE M ROOFING CORP. 914 NW 19TH AVENUE FORT LAUDERDALE, FL 33311 OWNER: (Name, legal status and address) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 CONSTRUCTION CONTRACT Date: BOND PREMIUM BASED . DN FINAL CONTRACT PRICE Bond # 9163198 SURETY: Washington International Insurance Company 1450 American Lane, Suite 1100 Schaumburg, IL 60173 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: TWO HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ----------------------------------------------------------- (5238.500.00) Description: (Name and location) MCSO ANNEX ROOF REPLACEMENT BOND Date: August 24, 2017 (Not earlier than Construction Contract Date) Amount: TWO HUNDRED THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ----------------------------------------------------------- (5238.500.00) Modifications to this Bond: QNone ❑✓ See Section 18 This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: TRIPLET ROOFING CORP. Company: Washington International Insurance Company Sig I t OGI� c 6 Signature: I U Name j Gl�ti[S Name Mimi Rubenoff and it p - I C`C: and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) FLEETWOOD AGENCY, INC. N/A 65 BROADWAY NEW YORK, NY 10006 (212_968 -9100 This Document conforms to the ALA Document A312 2010 5 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. - 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6. If a notice of non - payment required by section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1. 7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor fitrnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. This Document conforms to the AIA Document A312 "'— 2010 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. This Document conforms to the AIA Document A312 2010 17. If this Bond is issued for an agreement between a Contractor and subcontractor, the term-Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. 18. Modifications to this bond are as follows: This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time provisions in Section 255.05(2), Florida Statutes. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY Cor orate•Seal Company: Company: Signature: Name and Title: Address Signature: Name and Title: Address: This Document conforms to the AIA Document A312"'-2010 8 i R ti Individual Acknowledgment State of County of a r. On this day of I before me personally came and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My commission expires: Notary Public Firm Acknowledgment State of County of On this day of ' before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission Notary Public Corporation Acknowledgment State of County of On this day of before me personally came to me known who being by me duly sworn, did depose and say that he is the of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. My commission Notary Public Surety Acknowledgment State of New York County of New York On August 24, 2017 , before me personally came Mimi Rubenof f to me known, who, being by me duly sworn, did depose and say that he /she is an Attomey -in -Fact of Washington International Insurance Company the corporation described in and which executed the within instrument; that he /she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he /she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. LAUREN A. H NOTARY PUBLIC, STATE ATE OF OF NEW YORK My commission expires: ID No. 01KR6133381 QUALIFIED IN QUEENS COUNTY Notary Public COMMISSION EXPIRES 09/19/2017 WASHINGTON INTERNATIONAL INSURANCE COMPANY 475 N. MARTINGALE ROAD, SURE aso, SCRAUMBURG, ILLINOIS 60173 8471273-1231, FAX: 847- 273 -6408, 800rM8 -0753 The undersigned, being duly sworn, says: That he is Senior vice President of Washington International insurance Company, Schaumburg, Illinois that said company is a corporation duly organized, existing by virtue of the Laws of the State of New Hampshire and that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress app d; July 1947 6 U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true and,correct state of the financial condition of the said Company on the 31st day of December. 2015. 1 / _ WASHINGTON INTERNATIONAL INSURANCE COMPANY Subscribed and swom before me, this 19 day of March. 2016 Notary Public OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES i2 /04/2017 im WASHINGTON INTERNATIONAL INSURANCE COMPANY A New Hampshire Corporation BALANCE SHEET AS OF DECEMBER 31, 2016 (Statutory Basis) Valuation of securities on National Association of Insurance Commissioner Basis ASSETS LIABILITIES Cash Bonds 12,914,376 Reserve for Unearned Premiums 15,000 Other Invested Assets 82,838,360 Reserve for Losses and Loss Adjustment Expenses 1,881,581 Other Admitted Assets Funds Withheld _ 4,489,638 Taxes and Other Liabilities 9,800,547 Surplus 8,493,056 TOTAL. ADMITTED ASSETS 100,242,374 TOTAL LIABILITIES I>i _ 80,052.190 100,242,374 POLICYHOLDERS SURPLUS The undersigned, being duly sworn, says: That he is Senior vice President of Washington International insurance Company, Schaumburg, Illinois that said company is a corporation duly organized, existing by virtue of the Laws of the State of New Hampshire and that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress app d; July 1947 6 U.S.C. sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true and,correct state of the financial condition of the said Company on the 31st day of December. 2015. 1 / _ WASHINGTON INTERNATIONAL INSURANCE COMPANY Subscribed and swom before me, this 19 day of March. 2016 Notary Public OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES i2 /04/2017 im NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN D. FILICE, MIMI RUBENOFF and RALPH INFANTE JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it_is attached." .... ...... I TY j / /iii o _ ww aro uyy / 1/� i wi o r�.',1'G!� �,s?�pT1APO S ys �1 B Rg .� CT; _ SC AL ; m Steven P. Anderson, Senior Vice President of Washington International Insurance Company 2i SEAL . •;� e y ttu ,2 1973 W cq & Senior Vice President of North American Specialty Insurance Company Q O tr „ z III yboagss�a�° By , � / E k r Michael A. Ita,�Semor Vi�rest e4itaf' as mgtoniternation insurance Company �thfi� & Senior Vice President of North American Specialty Insurance Company - IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19th day of January 2016 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 19th day of January 20 , before me, a Notary Public personally appeared Steven P. Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OFIWNOIS 1vt otW rublic MY COMMISSION EXPIRES 12104/2017 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of August 20 17 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company