Loading...
08/15/2018 Agreement6 e� ��Ufi GSiVT Clerk of the Circuit Court & Comptroller = Monroe County, Florida DATE: August 31, 2018 TO: Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, D.C. SUBJECT: August 15 BOCC Meeting Attached are duplicates of the following items, for your handling: C7 (Ray Sanders) Contract with the lowest responsive bidder, Roofing by Ruff, Inc., for $794,000.00 for the replacement of portions of the roof at the East Martello. D11 (Steven Sanders) Contract with Sea Tech of the Florida Keys, Inc. in the amount of $118,825.00 for drvwall repairs and flooring at the Marathon Annex building for damages imposed by Hurricane Irma. Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST 5010 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 EAST MARTELLO ROOF REPLACEMENT Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 15 day of August, 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Roofing by Ruff, Inc. 937 Fleming Street Key West, Florida 33040 For the following Project: EAST MARTELLO ROOF REPLACEMENT Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Prep the existing cupola and replace the copper roof on the Citadel cupola. Remove the caulk from the joints at all granite gunmounts. Remove and retain the rock ballast and raised brick curb then replace the existing TPO roofing with Tremco roofing and replace the brick curb and rock ballast on the Citadel. Repoint historic brick masonry. On the Citadel, install a new sleeve at the existing cast iron roof drain, replace the strainer and install new drainage grate and vent covers. Remove the existing wooden stairs, chain link fencing, and concrete pavers on top of the Citadel and replace with new aluminum stairs, guardrail, and concrete pavers. Prep the existing Kemper and Thoroseal roofing for reroofing with new Tremco roofing and remove existing roof vents on the Counterscarps. Inspect the existing Kemper roof and repair any cuts or dings found in the membrane with new Tremco roofing on the Casemate Battery. Several areas of roof edge at the north side of the Fort have historic concrete rubble at the top of the wall. Flashing to this material will be difficult. So, where concrete rubble is exposed at the AGREEMENT Page 1 of 15 EAST MARTELLO ROOF REPLACEMENT roof edge, patch rubble with 3000 psi concrete per the East Martello Roof Edge Detail and Photo. After concrete cures, attach flashing to new concrete. If the concrete roof at the Citadel Roof is found to be damaged after removal of ballast and existing roofing, the deteriorated concrete should be cut out in square cuts and repaired with a non - shrink repair mortar coating the concrete bond line and reinforcing with a corrosion inhibiting bonding agent (Armatec 110). For the purposes of bidding, assume the patching of 100 s.f. of concrete to a depth of 2 ". There are cracks in the circular masonry gutter around the stair tower at the top of the Citadel. This gutter is where the roof drain is located. The gutter should be waterproofed with Tremco Alphaguard roofing. Geocell sealant should be removed only from the granite gun mounts. The Geocell at the concrete floor of the citadel roof shall remain. The joints at the granite gun mounts should then be packed with non - shrink grout. The jobsite is adjacent to the Key West Airport. If cranes or similar high equipment are used that are higher than the Citadel, the Contractor shall be responsible for obtaining the required clearances from the FAA. Clearances shall be obtained prior to work. There is a large area for staging at the east side of the Fort. There are other construction projects going on at the Fort, however, so Contractor shall coordinate with Museum staff, other Contractors, and Monroe County to establish a staging location. The beginning and end of the Citadel drainpipe are known, but the exact position and length of the pipe is unknown. The probable length is shown on Drawing 1/A8. Verify in field. See Sheet A8. 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 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract AGREEMENT Page 2 of 15 EAST MARTELLO ROOF REPLACEMENT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 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 contract or 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 Seven Hundred Ninety -Four Thousand and 00/100 Dollars ($794,000.00), 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: No Alternates Specified. 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments AGREEMENT Page 3 of 15 EAST MARTELLO ROOF REPLACEMENT 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 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. AGREEMENT Page 4 of 15 EAST MARTELLO ROOF REPLACEMENT 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 Florida Statutes, Section 255.078, "Public Construction Retainage". 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). ARTICLE 7 Miscellaneous Provisions AGREEMENT Page 5 of 15 EAST MARTELLO ROOF REPLACEMENT 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: a) Contractor shall maintain all books, records, and documents directly pertinent 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 Law, 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 of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. AGREEMENT Page 6 of 15 EAST MARTELLO ROOF REPLACEMENT 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 shall be required to enter into any arbitration proceedings related to this Agreement. • AGREEMENT Page 7 of 15 EAST MARTELLO ROOF REPLACEMENT 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 VIII 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, 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. I) 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 or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement AGREEMENT Page 8 of 15 EAST MARTELLO ROOF REPLACEMENT without liability and, at its discretion, to offset from monies owed, or otherwise 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 control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and 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 that 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 of records, in a format that is compatible with the information technology systems of the County. AGREEMENT Page 9 of 15 EAST MARTELLO ROOF REPLACEMENT (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 by any 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 be construed as, authorizing the delegation of the constitutional or statutory duties of AGREEMENT Page 10 of 15 EAST MARTELLO ROOF REPLACEMENT 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), Toss, 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 F. S. 725.06. 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 survive the expiration of the term of this Agreement or any earlier termination of this Agreement. AGREEMENT Page 11 of 15 EAST MARTELLO ROOF REPLACEMENT 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 take 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. In the 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 15 EAST MARTELLO ROOF REPLACEMENT For Contractor: Robert Ruff Roofing by Ruff, Inc. 937 Fleming Street Key West, Florida 33040 For Owner: Director of Project Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2 -216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 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: Al, EX1, EX2, D1, D2, A2, A3, A4, A5, A6, A7, A8 b) Project Manual: Specifications for East Martello Towers 2017 Roof Repairs c) East Martello Roof Edge Detail and Photo 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: October 2017 9.1.4 The Addenda, if any, are as follows: Addendum No. 1 Dated: May 22, 2018 Pages: N/A Addendum No. 2 Dated: June 21, 2018 Pages: A4 Sketch 1 and A4 Sketch 2 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 15 EAST MARTELLO ROOF REPLACEMENT ', -; Cu o .. he Contractor must be by a person with authority to bind the entity. r. . 1 A ' •40 F THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. et ' • : fi t . , V SE BOARD OF COUNTY COMMISSIONERS .. ' t E ° 1 ad ok, Clerk OF MONROE COUNTY, FLORIDA o .... - ,--...„%- os / 0 7 5>,..—. Mp �/ B By: Deputy Clerk Mayor /Chairman •' Date ' C 2.01 Y W : :. (SEAL) cc. - -,-t =C.; s r 4 CONTRACTOR'S Witnesses Attest: CONTRACTOR: gy m! co '` - Contractor must provide two witnesses Roofing by Ruff, Inc. `' -. signatures t s cam F Signature: / ES Signature: Print Name: 42,rf rrJ JF . 7 Print Name: .,-12,,,‘, ,, %/ Title: U I (:2 il^25;aen Title: Date: - i- 2'7- IS Date: -- ___/ - and Signature: _ , i MO OECOUNTY ATTORNEY'S OFFICE R � ROVE[�AS :1 Print Name: ehC 6 A' ,_ a PATRICIA EABLBS ASSISTANT COUNTY ATT RNEY Title: T�-ei V'e ✓ D ATE: Tj, `1 __._ ____ Date: 11-- 2 ( a STATE OF FLORIDA, CO U��N""TY OF On this t. 7 day of d "7 , 20 /P , before me, the undersigned notary public, personally appeared fr o. 2 - , _ , known to me to be the person whose name is subscribed above or who produce. ,,�,,r„_ as identification, and acknowledged that he /she is the person who executed the above contract with Monroe County for East Martello Roof Replacement for the purposes therein contained. Notar Public fl vi 10.LQP /v7 �,. �" i Notary Public State of Florida y , Tammy L Sweeting , ; a My Commission GG 124623 Print Name /C2,;--1,4 / U ')&) eel /*T 9 •a,, Expire o7/16/2o21. My commission expires: 7 / /L cccb _/ (Seal) AGREEMENT Page 14 of 15 EAST MARTELLO ROOF REPLACEMENT GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post - Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties GENERAL REQUIREMENTS Page 15 of 15 • • BOND NO. 1001123081 . • , 'Obtutthent:A31272---2040: .POttottriance - ooNTkA61 - 013:: (7\fipize;::14010101:s. tot ocOus), ,(yome; siots:00,friiicipotplade ROOFING BY RUFF, INC. ,of b 1010 KENNEDY DRIVE, SUITE 201 . UNITED STATES SURETY COMPANY Thie.docion hasliiipOttant.teljat KEY WEST, FL 33040 ONE TEXAS STATION COURT, SUITE 230 „coneoquenooi. with .OWNER:. TIMONIUM, MD 21093 an attonieyta.eriOedrajad _ with • leapactloilis.oOnipiatiomor (1\raltie,legotsiohys.and ad4iess)i MONROE COUN1Y BOARD OF COUNTY COMMISSIONERS Any siagatarTafaranceAO 500 WHITEHEAD STREET "antrastor or KEY WEST, FL 33040 .Othar;Partythalt im:contidered 'CONSTRUCTION CONTRACT Date AUGUST 15, 2018 A3.'12.4201 combine's :MO separate borftia,- , . . . . _AtillOiit;.' SEVEN HUNDRED NINETY FOUR THOUSAND AND 00/100 ($794,000.00) Performance.Bonct ancta Payment into One 1DaSetifitinn: EAST MARTELLO ROOF REPLACEMENT, 3501 S. This is .not combined POrfainiande'anct paymant130aCi.. Ocimq al ROOSEVELT BLVD., KEY WEST, FL 33040 Date: AUGUST 17, 2018 : (NOtearlier:lhan COnsinViloil:rtract,400 . A016w*: . SEVEN HUNDRED NINETY FOUR THOUSAND AND 00/100 ($794,000.00) !Modificationslo,iiiig Bond: fl:NOne: b See. SeCtiari46: . . 0t RACTORASPRINCIF.'4.. SURETY: • Company :(c006tvle 40): ;Company ::- . 20.0te$e00, ROOFING BY RUFF, INC 17 - UNITED STATES STIP( 'i :ANY :.SigifatOr A . - /4athd L1 LF.F Name MIC I . S ER, ATTORNEY-IN-FACT 04'7110:: V ; ?rs and Titte: • 00.aclipqnat signatw es appear on of th#Peifoiwiellico7Boi?d) (FOR 10)21611,4.1700NL) Nwne 0(lib*,s- rani 1. foleplithiC AGANT. oeBROKER :. I:OWNER!S'REPRESENTATIV br otUi:fier0.9‘ BONDS, INC. ONE N. PARK DRIVE, SUITE 204 HUNT VALLEY, MD 21030 410.527.9881 • . . .441A-nocti matt A312M 2O1O The AirOir*Instittie iit-Atcht*t*. oiiio §; :The Contractor :acid Surety, jointly and bind.thetnselves, their heirs exccutors,:.administrators, successors and'assigns•to'the Owner for the :performance. of the Construction :Contract;. which is• incorporated herein 'by § 2•If the Contractor.performsthe Construction Contract; the Surety and the'Coutractor.shall have no obligation eider this Bonk except when applicable to participate bi a conference as provided in Section 3: § 3 f f thereis no.Owner. Default undcr,theConstruction Contract; the Surety''s ;obligation auidertliis Bond shall.:arise after .1 the Owner;first provides notiee:to the Contractor and' the Surety that the Owner issconsidering,declaring a Contractor Default. Such notice,shall indicate whether, theOwner 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 not ice; 'request such a conference.:Ifthe Surety tnnely.i•equests a conference; the'Otvner.shall attend: Unless the Ossner..agreesotherwise, any conferencerequestedlunderthis Section 3, 1• shall:beheld within ten (10) business days of the Surety's receipt oftheOwner'.s notice. If the Owner,, the. Contractor and the Surety agree, the Contractor: shall be allowed:areasonable.titneto perforni.th'e Construction. Contract; but.suchanagreenieiitshall notwaive the Owner's,right, ifany;.subsequently to declare aContractor 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 ofthe'Contract Piiee.in accordance with the terms of.the Construction Contract to•tlie•Surety or to a -contractor selected to ,perform .the Construction Contract. § 4 Failure- en' the part' of the Owner to comply with the notice requirement Section 11 shall not constitute;a;failure to'comply with a condition :precedent to; the Surety.'s obligations, or release the'S irety fioniits obligations except to the extent the.Siirety detnonstrates actual prejudice. §5 When the Owner,has satisfiedrthe.conditions of Section 3, the Surety shall piomptly and at the Surety's expense take one of the following actions: '§ Arrange for. the Contractor, with die: consent of the Owrier; to perform and'complete the Construction Contract; §•52Undertake to perform and'coniplete.the Construction Contract itself, .through its agents or independent coritractois; § 53Obtain bids. or negotiated proposals' from qualified contractors acceptable to theOwner:for: a contractfor: performance :and. completion of the Construction Contract, arrange for• a' contract to be:prepared for executiotibythe Owner and':a contractor selected the Owner's concurrence; to be secured. withperforniance.and'payuient; bonds executedby.a qualified surety.equivalentto:the bonds issued on the Construction Contract, and payto the;Ownerthe. amount .ofdainages:as.described in Section? in excess ofthe Balance ofthe.Contract Price incurred by the Owner as a:result of the Contr or § 5 4 Wawe:its right to perform and complete, ,• arrange for completion;. or obtain', a new contractor. and• with. reasonable proniptness:itider.tiie circumstances: After investigation deterrninetheaniount for• which it may be liable to.the Owrier and, as sootias practicable after the atnoulit. is ' determined, : malke:paynientto the Own [or 2 : liabilityiri 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 he deemed to be in default on'thisBond seven days after receipt ofairadditional'written notice :from the Owiier Surely denvindlng that the Surety perform its obligations under Bond, and the Owner shall be entitled 'to enforce remedy available• to the Owner. If the Surety. proceeds as provided in Section 5.4, and the Owner refuses' the. payment or. the: Suretylias'denied liability, in whole or in part,.withont further notice the Owner shall' be. entitled to enforce any remedy available to the Owner. AIA' - 2010..The American irstiiute otArchitects. Init. 2 /' §.7 Ifthe 'Surety electsto.act-under Section 51, 5:2 or 5,3 then theresponsiliilities ofthe.Surety to the Owiier shall not be greater than those ofthe Contractor :under the Construction andtlheresponsibilitiesofthe Owner tcr tlie. Surety shail'inot be,greater than thoseof the Owner under: the; Construction, Contract: Subject to the coniniitment by the- Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication,'.for .1 theresponsibilities ofthe 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 iurder Section.5 ;.and :3 • liquidated damages; or if no liquidated daniages.are specified :in the Construction Contract;. actual damages caused by delayed performance or non- performanceef 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 amountof:thls Bond. § 9 The Surety shall notbeliable to the Owner or others'for:obligations of the: Contractor that are unrelated to the Construction Contract, and ' the. Balance of the ContractPrice 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 lheirs;txecutors, administrators, successors:and.assigns., § 10 The Surety hereby waives notice of any ehange, :including changes oftime, to the.Construction'Contractor to :related subcontracts,.purchase.orders and other obligations., § 11. Any proceeding, legal or equitabl'e;:underthis Bond may be instituted' in any court of competent jurisdiction in . the.location in which.theWork:or:part of.the work is located andshall'beinstituted within two.years.after a.declaratioir of Contractor Default or within two years after the Contractor ceased working or within two.years after the Surety refuses. or to perforni.its obligations under this Borid.�vhichever occuis.first. if the provisions'of this.Paragrapli are void.or prohibited bylaw •the miniinuni period oflhiiitation'available'to sureties' as a defense in the jurisdiction. of the suit shall'beapplicable. §12 Notice to the Surety; the -Owner or the Contractor slhall,benlailed or delivered to'the address shaven on.tlie page on Which their. signature:appears. §:13 Whenthis Bond has been furnished to, comply With .a•statutory or other legal requirement'in the locationwhere . the construction was to be.peeformed, any provision in this Bond' conflicting with said:statutoryy or legal requirement shall be deemed deleted lierefrom and provisions cotiforniing:to such stattrtoryor other legal reqUirentent shall be deemed incorporated herein. When so furnished,,the intent is that this Bond shall be construed as a Statutory bond and notes. a.cmmnoni law bond.. 114 Definitions § 14:1 : :'Batatice:of.the :Contract Price. The total amount payable by the'.O.wner to the Contractor :under the'Construction- Contract after all proper adjustments have been made, including allowance:to.the'Contractor of any received or -to•be received by, the Owner in settlement of insurance or other claims for damages which the Contractor is entitled, reduced' by all. valid and proper, paymentsniade to or on behalf of the Contractor under the. Construction Contract, 1 Construction Contract: The agreement between the Owner and Contracteridentificdon the cover page, iticlhiding :altContractDocuments a» d'changes inade.to the agreementand the CoiitractDocuments. §:14 :3 Contractor Default. Failure of the;Contractoi; which has not been remedied or waived, to perform or otherwise to' comply with.a material' term of the Construction..Contract.. § Owner. Default.. Failure ofthe Owner, which has not.beeri remedied'or waived,. to pay the'Contractor as'required under the Construction Contract or to perform acid complete 'or comply witlrthe other material terms of the :Construction Contract. 14'.5 Contract.Documents. Ali.the documents that comprise the between the Owner and Contractor. § 15 If this"Bond is issued fer an agreeinent'betwecn a Contractor andsubcontractor, the term Contractor in this_Bond shall be deenied to. be Subcontractor and the term Owiter. shall be deemed to 'be Contractor: snit. .AiA. Document' A3127 — 2010. The American Institute of Architects. 3 • §16 Mo di fiantion§lo this bond: areas follows: (Space,isprovidedlielowfor addittonalsignattn•es afaddedpat other than those,appetalng on the co e, Page.) CONTRACTOR AS*PRINCIPAL SURETY COnqSany: (Catporate Seal) Compaty: (C2tporeite Seal) Signature: Signature; 14ante'and AddreSs Addtess dAUTIOikiv`ton,shotild sign an,orfginal AIA Contract Dadttnient,,onlwhich this text appears. In RED : An ,original assureS:that changes:will not`be:obscured; AR Document A312 2 The American Institute of Archilecta. -.Init. ,4: BOND NO. 1001123081 ,,p A ' D .ocum wit .A�3.12 . •2010 Paymet Bond :CONTRACTOR :.. :SURETY: :(11ran legal status in d address).: , (Nance, legal-statits anitplitdipiitPlace ROOFING BY RUFF, INC. bfbusiiress).- 1010 KENNEDY DRIVE, SUITE 201 UNITED STATES SURETY COMPANY .This document:hasintpoitant.legal KEY WEST, FL 33040 ONE TEXAS STATION COURT, SUITE 230 consequences ;:Consaltation,with: OWNER TIMONIUM, MD 21093 an m attoeyls;encoaraged'vri (15ralize, Iega1'stntrus.aitd address) • respect t its completion or modification.. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS .Any, singular reference to . 500 WHITEHEAD STREET C ontractor; 8ur*.t.Ownklir KEY WEST, FL 33040 other: paitystialhbe considered.: 'CONSTRUCTION: CONTRACT. plural vili'ere applicapte: 'Date:: AUGUST 15, 2018 • AINO tioamenkA3l2 -2010 .combines twoaeperate bonds a Amount: SEVEN HUNDRED NINETY FOUR THOUSAND AND 00/100 ($794,000.00) 'Performance; !Payment 8ond,'into :forma Description :: EAST MARTELLO ROOF REPLACEMENT, 3501 S. This (s not a stngie combined' Name. arid'loccrti4' BLVD., KEY WEST, FL 33040 Performance and Paymenteond: BOND • D a te: AUGUST 17,.2018 . 471rot earlle1.'.' /JTan COn0farction:ConWact Date)' Amount :, SEVEN HUNDRED NINETY FOUR THOUSAND AND 00/100 ($794,000.00) Modifications'to•this,Bond t] None El See Spetien :118: CONTRACTOR :AS: PRINCIPAL . SURETY' ' , Company ';(Coiporate Seal), `Company:: (Co,porate Seal): ROOFING BY RUFF C. UNITED STATES S N /• PANY ':Sign :. , / . A - Signature: /MP ' Name a47 ICHAEL H. SHAVER, ATTORNEY -IN -FACT and Title: :mid Title: TAny:additronalstgnatrires appeai.•6 be.lnst page ofthis:.PaptentKarin.)' • : (FOR: JNJ ORAJAPION'ONI;'l`. rdd,ess;and •telep/toire) - AGENT•or.BROKER 'OWNER!S.REPRESENTATIVE - BONDS, INC. -(4pi ebitect ;.Rngtireer•or.'othe:party"r) ONE N. PARK DRIVE, SUITE 204 HUNT VALLEY, MD 21030 410.527.9881 • Jnik: AIA;DocumentA3m2T16 2010: Ttie'. A mericaninstitute o61110 1 § 1 The Contractor and Surety, jointly andseverally, bindthemselves, their heirs,: executors, administrators, successors and assigns:'to the Owner to pay for labor, naterials.and egtiipment furnished for rise hr' the performance.of the - Construction ,Contract, whichis ilicorperated.lierein byreferenec, subject to the ,followiiig.terms, §•2 If the:Contractor promptly makes payment of all sums • due to ;Claitnatits,;and defends, indemnifies and holds harmless the - Owner• frotn claims,. dcutands,:liens or suits, by any - person or entity seeking payment for labor, •materials or equipnieut furnished for use in the of the Constructlon.Coiitract the Contractor shall have:no obligatioittinder this•Bond.. §;3_ If therelis n� OwnerDcfatilt under the Construction;Conttact, the Surety's obligation .to•the Owner under..this Bond .slialI arise: after the.Owner has promptly notified the Contractor and the Surety (at the address described -111 Section l3) of elanits demands, liens or suits against:the or the Owiter's.property.by any personor entity seeking payment for. labor, tnaterials.or equipmeutftirnished.for use. in the performance of the Construction Contract •aiidtendered defenseof such claiiits,. demands, liens or.suits to the Contractor andtheStirety: When,tho`Ownerlias satisfied the conditions, Section 3;, the .S'irety shall .promptly andatthe Surety's expense defend, indemnify and hold harmless the -Owner against a drily tendered:claim, demand, lien-or shit. § 5 The :Surety's obligations tot Claimant under this Bond•shall arise after the.•following: 1 Claimants; who.do nothave a direct contract with the•Contractor,. .1 •leave furnished a written notice of non-payment-to the Contractor, stating withaubstantial.accuracy the -amount claimed and tbe- naitte•,of the.party to whom the materials were, or°equipment was,_fiu or supplied or for whom the labor was done Or performed,' Within ninety (90) days aftter having last performed labor or last furnished materials or equipment included in the Claim,, and 2 have sentaClaiin to the Surety(at.the address described.in'Section 13): • '52C1aiinants are employed by or havea direct contraetwitirthe Contractor, liavesent,a Claiiit_to the, Stirety (at the addiess;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 Militant has satisfied. the. conditions of-Sections 5:1 or 5:2, whichever is applicable,. the Surety shall promptly ;atid. at the Surety's: expense take.the fo Ilowi ng.act ions: § 7;1. Send an answer to the'Claitnant; with a cop to the Owner, within sixty (60) days after receipt of the •stating the amounts that are undisputed 'andthe =basis.forchallenging any'anioupts'that are disputed;. and §: 7;2 .Pay or arrange for payment of anyundisputed :amounts. §.7.3 The'Surety's•failureto discbarg•its obligations under Section 7.1 or Section 7.2 shall not be to constitute waiver of defenses.the Surety orContractoi niay have:or acquire as to -a Claiin, except as:to undisputed. aniountsfor which the,Suretyand Clainianthave reached agreement..If, Gowever, the Surety fails to discharge.its` obligations °under`Section 7:1 or 7.2 the Surety• shall'indenmify.the Claimant for the.reasonable attorney's fees the Claimant -incurs thereafter to recover' any':stunsfound and owing to the Claimant.. §;8 The Surety's total' obligation shall not exceed the ainount;of this Bond, plus the amount ofreasonable attorney's. fees : provided -under Section 73, and the:amount of this Bond shall be credited for any payments made in good,faitlt by the Surety. § 9 Amounts owed by the Owner to the Contractor.underthe. Construction Contract Shan; be.used forthe performance of• the Construction-Contract and'to satisfy claims, if. any; under -any construction performance_ bond. By the Contractor furnishing and the Owner' accepting this Bond,. they. agree that all ftuids earned by the Contractor in the perforniance.of the Construction Contract arededicated to satisfy obligations of the Contractor and Surety under this. Bond, Owner's priority to usethe.fiinds-for:the completion oldie- work. AIA Document A312'' - .2010'. Ttie American institute:of Architects. snit: 6 1 • § iO TheSurety shall. not bailiable to theOwner, Claimants. or others for obligations ofthe Contractor that are unrelated'ito,theConstruction Contract.. The Owner shall not be liable- for: the payment ofiny costs or expenses ofatty. Claimant under this Bond, and'shall: have under this:Bond no obligation to make. aynients ta, •or.give notice. on behalf of Clailnants. or otherwise have any obligations to-Claimants. under tliisBond.. .§ 11'The.Siirety hereby Waivesnotice.of any change, including changes.oftime, to the - Construction Contract or to. relatedsubcontracts ,.purchase orders and other. obligations.. §:12 i\lo suit or.aetionsliall.he commenced by a Claimant undertliis Bond other than in a court Lofeonmeterit jurisdiction in the;state in which the projecf,that is the subject ofthe Construction Contract is`located or,after.the expiration ofoneyear from the date (1) on which - the Claimant sent a Claiin to the Surety pursuant:to. Section.5 1.2.or:5.2;.or (2) on which the Jastlabor or service Was perforated byanyone or:fhe Last materials or equipment were 'by anyone under.the Construction Contract, w'hicliever of (1) or (2) first oecurs..if the provisions• of this' Paragraph are. void or.proliibited bylaw, the minimum period. oflimitation.available #o suretiesas.a •defense in: the_jurisdiction of the suit shall be.appilcable.. §:13- Notice:and Claiinsto the 'Surety, the Ownerorthe•ContractorShall be mailed or delivered .to the address :shown on .the.page onwliich their signature appears. Actual receitit.ofnotice or Cltiims accomplished; shall be sufficient compliance as' of :the date received; '§ 14\Vlien this Bond has been,fitrnished to complywithla statutory •or. other legal.requirenientin the :location where the:construction was to be_performed, any provision in ihisBond'conflicting,with said: statutory or legal :requirement shall be deetted deleted herefrom and provisions conforiitii g to such statutory or other legal requirement shall be deemed incorporated herein.. When so furnished, the intent is. that this Bond shall be construed Lag astatutory bond and not as: a cotnmoiv 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 fitrtiish a copyof this Bond or°shall permit a'copy to be made. § 16' Definitions §'16•.1 'Claim, A•written Statement by the Claimant ineluding.at a minimum: .1' the name of the Claimant; .2. the namo.of.the person £orwhotn the labor was done, or materials or, equipment'fiumislied; .3- a. copy of theagreemenf or purchase order pursuant to which labor, materials or equipment was fuunished for use in the performance. ofthe Construction Contract; 4 a • brief description of the labor; equiturentftiruished. 5 the.date on which the Claimant last performed or last furnished materials. or equipment for the.performance of the Construction Contract;: .6 the total:amount earned by the. Claimant for Tabor,, materials: or' equipment:' furnished as.of the•date.of the Claim; .7 the of previous payments received by the Claimant; Land .8. • the total` amount due.and:unpaid to the Claimant for labor; materials oregiiipmentfitrnished as :ofthe date ofthe Claim. :§ i6.2 :.Claimant. An individual or entity havinga direct.contractwiththe Contractor orwitivasubcontractor.ofthe Contractorto finish Jabor,.materials or egiiipntentfor use in'tlie performauce'of the Construction Contract.'The terni Claimant also includes any individual or entity that has rightfully asserted a claim tinder an applicable mecliauio'.s lied or:siinilar stahn&against thereal property upon which the Proj is located: The:intent of thisBond shall he to. ineludewitliout.lifiiitation in the terms ".labor, materials orequipnient" that part•ofwater, gas, power,. iight,:h'eat, LeiL gasoline,. telephone service oriental equipment used in the Construction Contract, architectural • indengineering services required.for• performance of the work of the Contractor and the 'Contractor's' subcontractors, and all other itelns'forwhich a mechanic''s'.1ien bray be asserted the jurisdiction where:thelabor,:materials or.equipmenf,were :furnished. § 163 COnstructionContract. The agreement between the Owner.and Contraetor:'identified onthe cover, page, including all Contraet.Documents and.all:changes`ntade:to.the agreement and: the.CotitractDocutnents: lnit: AIA Document Aa12N — 201tO. The American Institute of Architects. 7 • §:16 :4 (Mtn Default: Failure of the Owner; Which has not'beetr -remedied .or waived; to pay, the Contractor as required tinder the Constrnetion:Ccntract perform and complete or.comply witlrthe other .material terms: of the • Construotion Contract. !§ 16 ;5 'Contract Documents.. All,the documents that comprise the agreement between the Owner and Contractor.. §17'Ifthis Bond is issued for an agrectuentbetween a.Contractor and: subcontractor; the. term. Contractor in tliis.Bond :shall be deemed 'to'be Subcontractor.and the tenu.Owner shall,.be deemed to,be.Contractor. §-18Modifications to this bond are :as :follows: (Space;-is, provided -b lolr for additional signatures of addedtarties .other than 111ose appeathig on the corer page) 'CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal). Company: .:(Coipor•gte Seal) :Signature: :Signature: Name. and Title:. ,Name and Title: • Address Address .CAUTION :.Yoit;sho an orlginat.AIA:Contract Document, on :Which this text appears In.REt3.An:oricginai assures that. chariges:wl }t not be obscured. Init. .AIA Doaunie.ntA312" - 2010. Vie American Institute orArchftect. 8 L R OF ATTORN ;; I' l l 1 1 -1� - - _ _ - - � AMERRC N_CfMRKC R DE 'INITY COMPANY' TEXAS BONDING COMPANY — ,' = _ - 't UNITED STATES - SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Comp, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland _ co orafton idM. Specialty Insuri iice Companl''' II Texas corporation (collectivtly �Com nies "), do by these preseents make, - V it — otraitu an d : J � I fI IIIIN i;1.,1 p li ! II , II I I !II I _ - Michael H. Shaver, Janet A. Lari, Jon C. Capan its_tnte and-lawfulalttomey(s) -in -fact, each_in thir-sepArate capacity if more than one is named above, with full power and authority -- hereby conferred-tlrits name, place =afi teWd, exMute acknowledge and deliverj' and all bonds, recognizanegolaernkings or other instrumen#s or contracW ofsutety i o in ude riders, amendments, and consents of surety Wruvidmgahe -lion�c - = p enalty does not exceed = -A-* * Unlimited ****** 1 " Dollars ($ imlted* ):_ This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, thauhe President, any Vice President any Assista Nice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full w po ands €irit ppoint any one or mp suitable petIsd ' as ttorneys) -in -Fact to represent a nd ac€fo nd on_liehalf of the Company subject- o the following pro�tstons I II � I III �u I .� IIIIIII I 1 A - �lrmrneyau2FM: ay given full powil a for a v iii , indthe name of and on behalfoah? -Mnp nyoo acute acknowledge and -Zeliver, any and all bonds, ==r- ecognizances, contracts, agreements or indemnity' and other conditional or obligatory tindertakii inching any and all consents for - -the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Belt Resolved, thaAlie signature of any authorized_officer and seal €the Company heretofore or hereafter affixed to any power of attorney or any certificate relating= thereto by facsinle itrd =any power of attornexot`certificait be g the signature or facsimile sea shall be valid and,binding upon the Coy h respect3o -amr bond or undertaking'- ohich it is attached.° ° _ 1'1,11 1 i II 1 III II " — —_ IN WITNESS WHEREOF, The Co caused this instrument to be s I n e d and their corporate seals to be leto affixed; this 1st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURE Y COMPANY U.S. SPECIALTY INSURANCE_COMPANY - 04;1 Corporateals I siiR ,,_ �I " NOIN' ..' ;I.. i; i � _ _ _ ,A `` p� T� I y p( ill 4`a ........ ,n.a o ,,' ! O C -: . : . _ 1 ° •a y < G -} iv - By •_..� _ — WV:WOWED [y .O: / / / /!A 11 3 _ w . °z - c :n: 1 � :wc L7 y : _ _C — � sePT. u, s999 FK= _ :� , - -c '- 'r/.\-'' D l P 1 Ice President "' % :•z: = , r •. , : s ;•• an te Aguilar, V' ' a; A „ ,:Oiu,,n9a " " ::� nnnnON " ` '0piintn11U`V " ``• A notary public Mother officer completing this certificate verifies only the identity of the individual who signed the — - -- document to -which is certificate is attached, ad nn the Stu ness, accuracy, or validit lligfi t1}�at docume�if � IIII State of Cahfpmia= —_ _ r � I p I1 � III — — — County of Los Angeles SS: — _ — II , 11 1' II 1 " h �� � HIV II On this 1st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in hisilutho and that by his signature on the instrument the person, or the entity_upotrbehanl liiclhe person acted, executed theinstrument. Z -cftf and 1 ii Y OF PERJURY'lu l der the laws of th e' ; I State of Califomia that fo�mng �s t 0 ragrg plr and correct. _YITNES hand and official seal. '�'�i I 1 "' - — _ ,; SABINA MORGENSTEIN . , Commission # 2129258 Signature (Seal) ” ' Notary Lo s Public - California `� II yi C omm, Elcpif ^ County __ ,:= ==_ , — al ,_ _ _ -- — — _ 99 Angeles — _ � s 3, 201Q I X 1111, I I1 7 'f � u 1117,171 I 111 11 . I Kio Lo Assistant Secretary of Amer -t an Lontrac nityy ompany, Texas Bo'n r Unit Surety M y dIES Specialty Insurance Company, do hereby ify tthat the above and foregoing is a true and correct copy of a Power of Attorney, eked - by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. - In Witness -Mheteef, I have hereunto set my hand and affixed the seals of said Companies _at Last California this 17th _ _ day 4t= u ss t= — , 2018 .VIII 1 II _ r�� � � _ � ssill11i 1 n I nil " lNn " n, � - Co -orate Sear I,cio SU N c �n rp " 1 P RS' " � . , 0 5 . . Ti tf ' � e o : . ... „, s wt fan�a: - ' MCORPORATEO ' � t t� ° . =x ' • s -� • _ Kio Lo, Assistant Secretary Bond No 1001123081 : i ' , • .....-.••F •` - -W ` • ` __ 7.; 6EPT. ]51990 W ' .•7C „�; j Y `� /` - i2103 c ,',1?'. • $ ,•• � , Agency No. q {FOaN`,.``' �� n „ �= o FZ ,,, ., t i � I I I I II ' �i I ACOR o DATE (MMIDDIYYYY) ® CERTIFICATE OF LIABILITY INSURANCE 7/27/2018 (MMID /Y 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 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 HMS Insurance Associates, Inc. PHONE Darlene Placek FAX 20 Wight Ave Suite 300 (Arc, No, Ext): 443 - 632 -3399 (PJC, No): 443 - 632 -3484 Hunt Valley MD 21030 ADDRESS: dplacek @hmsia.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Fire Insurance Co INSURED RUFFROO -01 INSURER B: Continental Insurance Company 35289 Roofing by Ruff Inc. 1010 Kennedy Suite 201 INSURERC: Colony Insurance Company 39993 Key West FL 33040 INSURER D: Valley Forge Insurance Co 20508 INSURER E: National Fire Insurance of Hartford 20478 INSURER F: American Casualty Company 20427 COVERAGES CERTIFICATE NUMBER: 476689650 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM /DDIYYYY) (MM /DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6056631877 5/1/2018 5/1/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS - COMP /OP AGG $ 2,000,000 OTHER: $ E AUTOMOBILE LIABILITY 6056631829 5/1/2018 5/1/2019 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED X N -OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR 6056714953 12/1/2017 5/1/2019 EACH OCCURRENCE _ $ 10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 10,000,000 DED X RETENTION $ 10 000 _ $ F WORKERS COMPENSATION 6056631846 5/1/2018 5/1/2019 X PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER FL ANYPROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT 5 1,000,000 OFFICER/MEMBEREXCLUDED? N 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 C Professional Liability (PROF) CPLUS307785 11/21/2017 11/21/2018 Prof Agreggate 53,000,000 D Pollution Liability (POLL) 6056966007 12/1/2017 5/1/2019 Poll Aggregate 53,000,000 Leased /Rented Equipment Leased /Rented Equip $150,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is additional insured with respects to the general liability and automobile liability for work performed for them by the named insured when required by a written contract. APPR 1 :Y R',Z3 , 1 g' a .EMENT BY _,- DATE •7i ilt:l. WAIVER • YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of Commissioners 500 Whitehead Street AUTHORIZED REPRESENTATIVE Key West FL 33040 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD