01/22/2020 Agreement G;z cOU A.l%
p � � Kevin Madok, CPA
-'`VA.':= Clerk of the Circuit Court&Comptroller— Monroe County, Florida
11 �Os=our
DATE: February 11, 2020
TO: Breanne Erickson, Contract Administrator
Project Management
FROM: Pamela G. Hanc k .C.
SUBJECT: January 22" BOCC Meeting
Attached is an electronic copy of the following item for your handling:
Cl Contract with Roofing by Ruff, Inc., in the amount of$152,851.00, for the
replacement of the Historic Courthouse glitters and roof caps.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 22nd day of January, 2020
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Roofing by Ruff, Inc.
1010 Kennedy Drive, Suite 201
Key West, Florida 33040
For the following Project: HISTORIC MONROE COUNTY COURTHOUSE GUTTER
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.
Historic Monroe County Courthouse gutter replacement
The work of this project involves a significant historic site. Care is to be taken to demolish
and remove the existing box gutters from the site. New copper gutters, metal shingle roof
trim, finish carpentry and painting are to also follow the strict guidelines of the included
drawings and specifications.
It is assumed that some areas of rotted lumber will be found after removal of historic
gutters. Replace all deteriorated wood as required. All replacement lumber must match
exiting species and dimensions. For this project, pressure treated Southern Yellow Pine
or Antique Heart Pine will be allowed. Field verify actual lumber dimensions. Gutter
framing repair allowance: Contractor shall assume replacement of 50 lineal feet of wood
at bottom and sides of gutter.
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All work activities must be undertaken with sufficient care to protect this historic resource
•
and must be supervised by personnel who are familiar with the Secretary of Interior's
Standards for Rehabilitation. No historic materials shall be removed from the site without
prior approval of architect.
• Contractor to acquire necessary permits.
• Contractor shall furnish the owner a twenty(20)year guarantee against cracking, peeling
and fade not to exceed 5 N.B.S. units on all painting work.
• Contractor shall supply all of the needed materials and hardware to complete the project
and properly dispose of debris.
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
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
Sixty (60) 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.
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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.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under
this Agreement will be excused to the extent that the delay or failure was caused directly by an
event beyond such Party's control, without such Party's fault or negligence and that by its nature
could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable:
(a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared
emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is
declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the
Project; (d)government order or law in the geographic area of the Project; (e)actions, embargoes,
or blockades in effect on or after the date of this Agreement; (f) action by any governmental
authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability of
materials, components, or services, market conditions, or supplier actions or contract disputes
will not excuse performance by Contractor under this Section. Contractor shall give County written
notice within seven (7) days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance,
ensure that the effects of any Uncontrollable Circumstance are minimized and resume full
performance under this Agreement. The County will not pay additional cost as a result of an
Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the
County as the Owner's Representative may determine.
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 One Hundred Fifty-Two Thousand Eight Hundred
Fifty-One and 00/100 Dollars ($152,851.00), 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: Replacement of existing fasteners, metal roof ridge caps, and hip ridge caps.
Screws shall be Buildex Scots Trugrip#10 fasteners or approved equal. Spacing shall be
12" o.c. maximum, with 'A" embedment into wood sheathing.
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
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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.
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:
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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
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.
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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 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
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) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7) years from the termination of this Agreement. 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 (4) 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, or were wrongfully retained by the
Contractor, 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.
Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
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matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for seven (7) years after Final Completion. The County Clerk possesses
the independent authority to conduct an audit of records, assets, and activities relating
to this Project. 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, or were wrongfully retained by the Contractor, 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. The Right to
Audit provisions survive the termination or expiration of this Agreement.
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.
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.
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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.
j) Nondiscrimination/Equal Employment Opportunity. 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
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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 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.
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Pursuant to Fla. Stat., Sec. 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.
(3) 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.
(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,
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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 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
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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, Indemnification, and Defense. 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 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.
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
Page 12 of 16
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:
For Contractor: Roofing by Ruff, Inc.
1010 Kennedy Drive
Suite 201
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.
8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
Page 13 of 16
For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
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, D1, A2, A3, A4
b) Project Manual: Specifications for Monroe County Courthouse Historic Gutter Repair
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
Specifications and Drawings Dated April 2019.
9.1.4 The Addenda, if any, are as follows:
Number Date #of Pages
#1 11/4/2019 7
#2 11/12/2019 1
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 14 of 16
Executiona6y ahe Contractor must be by a person with authority to bind the entity.
SIGNATURE O'` .1,,THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
G1 ii : \\ z riiif
:rr--,(S�L) F s= F= BOARD OF CO NTY COMMISSIONERS
k.,4Aftest: Kevi_n_Ma¢ok, Clerk OF MONROE , FLORIDA
BY--' ' By:
puty Clerk Mayor/Chairman
Date Z-Z, Zo 1 0
(SEAL)
CONTRACTOR'S Witnesses Attest: CONTRACTOR: ROOFING BY RUFF, INC.
Contractor must provide two witnesses /%�
signatures Signature:
Signature: ) Print Name: J2Ok?&e-- iUI
Print Name: kil('a ff(,(V2r)OY) Title: Vi(e prff!(.IeVN-
p
Date: OI )2h 12420 Date: Oti 12g1 2620
and CD r-=
pi/'ll* ram'_,r-_,: rrr1 C
Signature:
fj.en,,,,,,,,i7f
i ._....
.,.
LY` CD
Print Name: A I I).<J(J 1,,/QX' r `^- 7J
Date: l / � /20..a-O --1 _ c)
C
CD ffj
STATE OF Mo rylo n cl, COUNTY OF eUNti nA0t w
On this 2-2 day of YU,( , 20 20, before me, the undersigned notary public,
personally appeared u F , known to me to be the person whose name is
subscribed above or who produced rl Vf ri !I C GN StiS as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for Historic
Monroe County Courthouse Gutter Repl ment for the purposes therein contained.
Notary Public 1 GU C.
Print Name Taflor Orrklaro1 -
Mycommission expires: I22 I Z4TAYLc-R tateof p � �''� 120 Z (Seal) R Notary Public-State of Maryland
d Baltimore County
My Commission Expires Dec 14, 2022 1
MONROE COUNTY ATTORNEY'S OFFICE
O FRQvED ASAS T
PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY Page 15 of 16
DATE: 1-:-
. °- ?" 2-01 Q g
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
Page 16 of 16
MMI
DDRYTY
Ad® CERTIFICATE OF LIABILITY INSURANCE DATE
�281zozo '
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
Nom Kelly Howser
HMS Insurance Associates,Inc. PHONE FAX
20 Wight Ave Suite 300 c.No.Eaq:443432-3341 I WC.No):443.632-3498
Hunt Valley MD 21030 ADDRESS: khowser(81hmsia.cam
INSURER(S)AFFORDING COVERAGE NAM"
INSURER A:National Fire Insurance Co
INSURED RUFFROd-01 INSURER B:Continental Insurance Company 35289
Roofing by Ruff Inc.1010 Kennedy Suite 201 :mum c:Colony Insurance Company 39993
Key West FL 33040 INSURER 0:Valley Forge Insurance Co 20508
INSURER E:National Fire Insurance of Hartford 20478
INSURER F:American Casualty Company 20427
COVERAGES CERTIFICATE NUMBER:1031632954 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.
T* TYPE OFMSURANCE MO WW1 FOUCYNUMBER 1NMIDDIYEYFN1n UNITS
A X COMMERCIALGENERAL UAeture 6056631677 51112019 91112020 EACH OCCURRENCEOAMA ETORENTED $1,000,000
CLAMS-MADE ❑X OCCUR PREMISES(fa occurrence) _S 500.000
LIED ESP(Anyone person) 515,000
PERSONAL&ADV INJURY 51,000.000
GENT.AGGREGATE UMJT APPLIES PER: GENERAL AGGREGATE 52,000.000
POLICY D I2At n LOC PRODUCTS-COMPIOPAGG 52.000.000
OTHER: 5
E AUTOMOBILEUABIUTY 6056831829 51112019 51112020 CEotlM91NEDSINGLELIMIT. 51,000,000
( atsidtm4
X ANY AUTO BODILY INJURY(Per person) S
® OWNED —SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTYDAMAG 5
— AUTOS ONLY — AUTOS ONLY (Per esddern
S
l
B X UMBREU.AUAB X OCCUR 6056714953 51112019 5/1/2020 EACH OCCURRENCE 510.000,000
EXCESS UA9 CLAIMS-MADE ,AGGREGATE S 10.000.000
Deo X IR6TENTIO14SenRpm v S
F WORKERS COMPENSATION 6056631846 51112019 5/112020 X PER •
AND EMPLOYERS'LIABILITY YIN Mum I I E ORTH FL
ANYPROPRIETORIPARTNER/EXECUTTVE E.L.EACH ACCIDENT 51.000,000
OFFICERIMEMBERExCLuDEYT N IA -
(Mandatory inNH) E.L.DISEASE-EA EMPLOYEE 51,000,000
II yet desalts under
DESCRIPTION OF OPERATIONS below - _ E.L.DISEASE-POLICY LIMIT S 1,000400
C Professional Uabllty(PROF) CPLUS307785 511/2019 5/1/2020 Prof AIRDROP 53,000,000
D Pollution Uebety(POLL) 6056966007 511/2019 5/1/2020 PotAmegete 53,000,600
Leased/Rented Equipment Leas anted Equip S150,000
DESCRIPTION OF OPERATIONS I LOCATIONS:VEHICLES(ACORD 1 a1,Additional Remarks Schedule,may be attached If moo space is required)
Project:Monroe County Historic Courthouse-32016
Monroe County Board of County Commissioners is additional insured(s)with respects to the General&Auto Liability portion of coverage for work performed by
the named Insured if required to be in a written executed contract with the named-Insured per the policy terms and conditions.
DA AV' •/ ��
-i---A.—' -
1lWV' ' � .
CERTIFICATE HOLDER LA-'.
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 County Commissioners
500 Whitehead Street AUTHORIZED REPRESENTATIVE
Key West FL 33040
i
t41988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
CNA71527XX
CNA (Ed. 10/12)
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Persons Or Organizations
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED
BY WRITTEN CONTRACT OR WRITTEN AGREEMENT
TO NAME AS AN ADDITIONAL INSURED
1. In conformance with paragraph A.1.c.of Who Is An Insured of Section II—LIABILITY COVERAGE, the person or
organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if
you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident"
for which the additional insured seeks coverage under this policy.
All other terms and conditions of the Policy remain unchanged.
IMMO
CNA71527XX(10/12) Policy No:6056631829
Page 1 of 1
Insured Name:RUFF ROOFERS, INC
Copyright CNA All Rights Reserved.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors -with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED Is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily
injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract;or
B. in the performance of your work subject to such written contract,but only with respect to bodily injury or
property damage included in the products-completed operations hazard,and only if:
1. the written contract requires you to provide the additional insured such coverage;and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10-
01 edition of CG2037;or
B. additional insured coverage with"arising out or'language;or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I.above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily
injury,property damage or personal and advertising Injury arising out of your work that is subject to such written
contract.
ci Ill. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract;or
B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property
damage,or personal and advertising injury arising out of:
A. the rendering of,or the failure to render,any professional architectural,engineering,or surveying services,
including:
-=-� 1. the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications;and
2. supervisory,inspection,architectural or engineering activities;or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to
add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX(10-16) Policy No; 6056631877
Page 1 of 2
Nat'l Fire Ins Co of Hartford
Insured Name:RUFF ROOFERS, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured -Owners, Lessees or
Contractors -with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written
contract requires the Insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured;or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above,this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation,
defense,or settlement of the claim;and
3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or
self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However,
if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part,provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy;and
B. was executed prior to:
1. the bodily injury or property damage;or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged,
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
CNA75079XX(10-16) Policy No: 6056631877
Page 2 of 2
Nat'l Fire Ins Co of Hartford
Insured Name:RUFF ROOFERS, INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc..with its permission.
1
BOND NO.: 1001143436
"AlA
TM
Document A312 — 2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
ROOFING BY RUFF,INC. of business) ADDITIONS AND DELETIONS:
UNITED STATES SURETY COMPANY The author of this document has
1010 Kennedy Drive,Suite 201 added information needed for its
Key West,FL 33040 One Texas Station Court,Suite 230 completion.The author may also
OWNER: Timonium,MD 21093 have revised the text of the original
AIA standard form.An Additions and
(Name, legal status and address) Deletions Report that notes added
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
500 Whitehead Street information as well as revisions to the
standard form text is available from
Key West,FL 33040 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin of this
Date: JANUARY 22,2020 document indicates where the author
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) has added necessary information
• Description: HISTORIC MONROE COUNTY COURTHOUSE and where the author has added to or
(Name and location) GUTTER REPLACEMENT deleted from the original AIA text.
This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: FEBRUARY 4,2020 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) considered plural where applicable.
Modifications to this Bond: X None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
• ROOFING BY F ,INC. UNITED STATE RETY COMPAN
•
• , :0▪ -Si atuce: • Signature:
,•• Name rid. er- 4 R ' fveNrjeftiName and J tA.Lad,Attom y' a
:'ice> •
TitleY; Title:
'T' :4Rnv.ddditional signatures appear on the last page of this Performance Bond) •
G l)(1,,O1?.INFORtvL4TJON ONLY—Name, address and telephone) ;
▪ "AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.) •
BONDS,INC. s;'.......
One North Park Drive,Suite 204 '
Hunt Valley,MD 21030
410.527.9881
AIA DocumentA312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAO Document Is protected by
Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result In 1
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAtA software at
15:25:48 on 01/10/2013 under Order No.8871475021_1 which expires on 12/27/2013,and Is not for resale.
User Notes: (1382705251)
§ 1 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.
Init. AIA Document A3127u—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by
U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in 2
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and Is not for resale.
User Notes: (1382705251)
§ 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 ofthe 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 proper 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.
Init. AIA Document A312'"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of it,may result in 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced byAlA software at
15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and is not for resale.
User Notes: (1382705251)
•
§ 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.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AlA Document A312"'—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Alt Document is protected by
Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result In 4
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at
15:25:48 on 01/10/2013 under Order No.6871475021 1 which expires on 12/27/2013,and is not for resale.
User Notes: (1382705251)
BOND NO.: 1001143436
2/4 AIA
-I!-A I Document A3 12TM - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Nance, legal status and principal place
ROOFING BY RUFF,INC. of business) ADDITIONS AND DELETIONS:
The author of this document has
1010 Kennedy Drive,Suite 201 UNITED STATES SURETY COMPANY added information needed for its
Key West,FL 33040 One Texas Station Court,Suite 230 completion.The author may also
OWNER: Timonium,MD 21093 have revised the text of the original
AIA standard form.An Additions and
(Name, legal status and address) Deletions Report that notes added
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS information as well as revisions to the
500 Whitehead Street standard form text is available from
Key West,FL 33040 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin of this
Date: JANUARY 22,2020 document indicates where the author
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) has added necessary information
Description: HISTORIC MONROE COUNTY COURTHOUSE and where the author has added to or
(Name and location) GUTTER REPLACEMENT deleted from the original AIA text.
This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
to its completion or modification.
Date:FEBRUARY 4,2020
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) considered plural where applicable,
Modifications to this Bond: X None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: VT-.rate Seal) Company: (Corporate Seal)
ROING BY F,INC.ior
UNITED STATE RETY COMPANY ,
Signature: affiga �IA A Signature: i".---pr___.
:Name'and Ir Name and Ja .Lan,Attorney' F
berms�u V t;Ce �resid�1t
Title: Title:
-0:•''Oh),additional signatures appear on the last page ofthis Payment
— g pp P g �►!' Bond)
• ,' , r(l OR/INFGRMATION ONLY—Name, address and telephone)
!. `~ ,,_
• " t '/AGENT old BROKER: OWNER'S REPRESENTATIVE:
=' !%'I (Architect, Engineer or other party.)
''BONDS,INC.
• :` One North Park Drive,Suite 204
••'Hunt Valley,MD 21030
410.527.9881
AIA Document A312T"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by
Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In I
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
/ 11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires an 04/13/2013,and is not for resale.
User Notes: (1718896249)
§ 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.
§ 9 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
furnishing 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.
AIA Document A312TO—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA Document Is protected by
Init. U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AlA5 Document,or any portion of it,may result in 2
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
11:43:03 on 10/09/2012 under Order No.5820952305 1 which expires on 04/13/2013,and Is not for resale.
User Notes: (1718896249)
§ 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.
§ 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 minimwn:
.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.
Init. AIA Document A312TM'—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA°Document Is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA°Document,or any portion of it,may.result In 3
severe civil and criminal penalties,and will.be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/13/2013,and is not for resale.
User Notes: (1718896249)
•
§ 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.
§ 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 term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA Document A312T"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by
Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°:Document,or any portion of it,may result In 4
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/13/2013,and is not for resale.
User Notes: (1718896249)
Ikt
l'IT
.lt1/4; .�'I TOKIO MARINE
HCC
_ __— POWER OF ATTORNEY
AMERICAN CONTRACTORS iNDEMNITY COMPANYi TEXAS BONDING COMPANY
UNITED ST T E SURETY C MPANY U.S.SPECIALTY INSURANC COMPANY
r — IIII�� I II"4III, IdIi Pi�I�IlIdI�Il'''.I
KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company, a California corporation,Texas Bonding
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation
and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute
and appoint:
—Michael H. S-haver,Janet A. Lari, Jon C,1Capan
I IIIi11 IIllI il, III11111II IIjII
its true and lawful Attorney(s)-in-fac ach i their separate capacity if more than one is named above, with full power-a-at authority— —
hereby conferred in its name, place -and stead, to execute, acknowledge and deliver any and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
providing the bond penalty does not exceed ******Unlimited****** Dollars
( _***unlimited*-**: ). lllexpire without further action on April 23rd 2022.This Power of Attorney is granted
ngl resolutions'adopted'by the Boards of Directors ofthe€ompanies: - _
unlimitedThis Power ofAttorneyshall
under andY authority of the following
Be+0 esolves that M_President,any Vice-President any Assistant Vice-President a_oy Secretary-or ay ssistaot Secretary shall tie and is hereby
Coin an subjectto the following Itp aonolr� nt any one onlmore suitable persons as Attomey( in Factlepresent and act for and_on behalf of the =
p Y provisi
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any
and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents
for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents
_canceling or-terminating the Company's liability_thereunder andny such instruments so executed by any such Attorney-in-Fact shall be binding upon_
the Compan as if sighed bythe Presidentand sealed and_effected-by the Corporate Secretary.Y 9
_ Be itResolvetf that the signature of any uitfionzed officermnd seaLof the Company heretgflorgilorlllh'ereafterlllaff 1111,
d to any power ot`attorney2o7r any
--certificate relating thereto by facsimile,-and any=powe ef-attomey of certificate bearing facsimi a signature or facsimile seal shall be_valinnd bbin-ding_
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of June,2018.
— AMERICANIICONTRACTO S INDEMNITY COMPANY TEXAS BONDING COMPANY
A�
UNITEDIPS,I ATES SURE O PANY UrSw PECIALT riI URANCECOMPANY
1r111I)1 u"� nsv
— � Iytotp,,CiO S;yo 00N�IryG CO �PAE RFTy' ��f- �i� — - _-
:::::eles
'.' 't"-'I ;2L----- -=, viii 4,7' .. ,:;a Y
''-;ra,troaN,P:`` ''-°•'o••- ` Daniel P.Aguilar,Vice President
A_Notary Public`or other officer completing this certificate verifies only the identity of the individuall who signed the document to
which this:certificate is attached, anrJ nof_the truthfulness,--accuracy, or validity of that document 'I' t—
st Y p Y 1 g pry ,Yp y arety red Danielai P.Aguilar,VicePrear€l of—_ -
American Contractors IndemnityCom an rrexas-Bo in —Coin an , United States
Onfhis 1 da of June,2018, before me Sostra O�rre onota public, ersonally appeared n and U.S Spocial�lnsurance== -
Y
Company who proved to me on the basis of satisfactoryevidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted,executed the instrument.
`� I certt�f/uRTreENALTY OF PERJURY under the laws of the State of California tlat.the foregoing paragraph is true-and correct
=Y — II 1!iq II r I, _=
— P I Ip 1 = �— (
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WITNESS m hand and official seal:, i ,, s13eAo ro _t
- t.otafPublic•California
I toy is iele,County -
Commission i 12394`9
SignatureCYCIL i� (seal) My Camm.Etplrattp:2],2027``
I, Kio Lo, Assistant Secretary • American Contractors_ Indemnity Company, Texas Bonding Company, United States Surety
Company and-U.S Specialty Insurance Company dahereby certify that the above and foregoinglllis aItrue and correct copy of a Power
of Attorney xecuted by said Companies which isshl rn full force and effect;ifu°rthermore,thelresolUtions of the Boat Is of Direc-fors —
set=out in the=Power of Attorney arean full force aa-_e ect
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
4th day of February , 2020 .
swpT,ogy 4,y' lgq.' `S S0l7 J`iy�{nauc�q�',.,,.
Corporate Seals 'ot 44., $*�o... ..... _,,pie Fr,- -s.° .
Bond-Now 10-01143436 ° � . , ' " y'V'"Q �� # — 0
I� se"' ea '� r\ bfi ps " ,,,- = I,��.r - -
I i' �` • tr 5 ;y _ _ —Kio Lo, Assi11 Secretary
A-enc IT. 12103 �� III ,) -0 Id 4.., � r �> ,3-,,`` ',p . - —({ \� ICI, i C ,,FOFZ�.�3 7 I �� ,in��FOP„P`J rli,,ntaa iri�,u„�— �hri iVaoJ`•� -- --
HCCSMANP0A05/2019
visit tmhcc.com/surety for more information
—_ I ,I10I III II I l i I IiiiiI lJ b
BOND NO.: 1001143436
'AlA; Document A312TM — 2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
ROOFING BY RUFF,INC. of business) ADDITIONS AND DELETIONS:
UNITED STATES SURETY COMPANY The author of this document has
1010 Kennedy Drive,Suite 201 added information needed for its
Key West,FL 33040 One Texas Station Court,Suite 230 completion.The author may also
OWNER: Timonium,MD 21093 have revised the text of the original
(Name, legal status and address) AIA standard form.An Additions and
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Deletions Report that notes added
500 Whitehead Street information as well as revisions to the
standard form text is available from
Key West,FL 33040 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin of this
Date: JANUARY 22,2020
document indicates where the author
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) has added necessary information •
Description: HISTORIC MONROE COUNTY COURTHOUSE and where the author has added to or
(Name and location) GUTTER REPLACEMENT deleted from the original AIA text.
This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
Date: FEBRUARY 4,2020 to its completion or modification.
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) considered plural where applicable.
Modifications to this Bond: X None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: ( orpor to Seal) Company: (Corporate Seal)
• `'-ROOFING BY FF, C. UNITED STATES URETY COMP f�Y
C
Signature: Signature: ,.
Ndme and R �vte.p��ckent_Name and het A.Lad,Attom/ F ct
Title:' Title:
y(itn}?additional signatures appear on the last page of this Performance Bond)
•
�' a.p:(rOR JNFORM4TION ONLY—Name, address and telephone)
''AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
BONDS,INC.
One North Park Drive,Suite 204
Hunt Valley,MD 21030
410.527.9881
Init. AIA Document A3121M—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by
U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at
15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and is not for resale.
User Notes: (1382705251)
§ 1 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.
AIA Document A312'm—2010 Porformance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by
Init. U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result in 2
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at
15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and is not for resale.
User Notes: (1382705251)
§ 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 herefi•om 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 proper 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.
AIA Document A312''—2010 Performance fond.The American Institute of Architects.All rights reserved.WARNING;This AIA°Document is protected by
Init. U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AlA°Document,or any portion of it,may result In 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and is not for resale.
User Notes: (1382705251)
§ 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.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
A1A Document A312'u—2010 Performance Bond.The American Institute ofArchitects.All rights reserved.WARNING:This Ale Document is protected by
Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In 4
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and is not for resale.
User Notes: (1302705251)
•
BOND NO.: 1001143436
\l\7/,111
4
n == TM Document A312 - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
ROOFING BY RUFF,INC. of business) ADDITIONS AND DELETIONS:
The author of this document has
1010 Kennedy Drive,Suite 201 UNITED STATES SURETY COMPANY added information needed for its
Key West,FL 33040 One Texas Station Court,Suite 230 completion.The author may also
OWNER: Timonium,MD 21093 have revised the text of the original
AIA standard form.An Additions and
(Name, legal status and address) Deletions Report that notes added
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS information as well as revisions to the
500 Whitehead Street standard form text is available from
Key West,FL 33040 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin of this
Date: JANUARY 22,2020 document Indicates where the author
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) has added necessary information
Description: HISTORIC MONROE COUNTY COURTHOUSE and where the author has added to or
(Name and location) GUTTER REPLACEMENT deleted from the original AIA text.
This document has important legal
consequences.Consultation with an
BOND attorney is encouraged with respect
to its completion or modification.
Date:FEBRUARY 4,2020
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner or other party shall be
Amount:$152,851.00(ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY ONE AND 00/100) considered plural where applicable.
Modifications to this Bond: X None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
_:Coni any: (Corporate Seal) Company: (Corporate Seal)
ROOFING BY FF INC. UNITED STATES S RETY COMPANY
•
`Signature: '= Signature: -L, ✓
Nailie and• - R• um V iC pr ��Value and J et A.Lori,Att in ct
Title ��;•• ' f itle:
•p{� •, ,,t(�Any additional signatures appear on the last page of this Payment Bond)
' '(FOR-INFORA'IA77ON ONLY—Name, address and telephone)
•
. AGENT or BROKER: OWNER'S REPRESENTATIVE:
BONDS,INC. (Architect, Engineer or other party.)
One North Park Drive,Suite 204
Hunt Valley,MD 21030
410.527.9881
AIA Document A312"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA°Document Is protected by
Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA5 Document,or any portion of It,may result In 1
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 0 4/1 312 01 3,and is not for resale.
User Notes: (1718896249)
•
§ 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.
§ 9 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
furnishing 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.
Init. AIA Document A312'"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by
U.S.Copyright Law and International Treaties.Unauthorized-reproduction or distribution of this Ale Document,or any portion of it,may result in 2
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at
11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/13/2013,and Is not for resale.
User Notes: (1718896249)
•
§ 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.
§ 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.
Init. AIA Document A312TM'—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by
U,S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at
11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/13/2013,and is not for resale.
User Notes: (1718896249)
§ 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.
§ 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 term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title: •
Address: Address:
•
•
•
AIA Document A312T°—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by
Init. U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 4
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at
11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/13/2013,and is not for resale.
User Notes: (1718896249)
rut, 1 -
- = = III hill II'Ip1 i11 °IIII dip,
t,=`, . TOKIO MARINE _— = — u1u — —
HCC
POWER OF ATTORNEY _-
- - AMERICAN CONTR'ACTORSII'INDEMNITY COMPANY TEXAS BONUINGCOMPANY
— _- 010,STATES SURETY ICOIIIM.,PANY U.S.SPECIALTY INSURANCE COMPANY
_
UNITED - — —
KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity-Corrlpany, a California corporation,Texas Bonding -
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation
and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute
and appoint: CI Capan •
Michael�l ShaQer, Janet A. Lori, Jon
II I l l hh 1; 111 fill ii
herebyconferred in its name, place-and-stead, to execute, acknowledge its true and lawful Affomey(s)-in-fact�ach in=theirgseparate=capacity if moredelivere, with full power_and authority
= e'is named abo'w
gany and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
providing the bond penalty does not exceed ******Unlimited****** Dollars
( ***unlimited*_** ).This Power of Attorney shall expire without further action on April 23rd,2022.This Power of Attomey is granted
Ice-resolutions
',dopted by the Boards of Directors of the Companies: -
under a13d_� at3thority of the following resolutions a
tiA
10111111111 ' 11 Ill o
` le-irResolvR tha meter rid authority t to, y Id tant Vice-President,any Secretary or any_J'ssistant Secretary shall be and is hereby'
Co a y sub subject to the ridaurovispploiiint any orle�lorlllrnpre suitable persons as Attomey(s)DnlEact to-represent and act for and on behalf of the
' V
P i following P i
-
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any
and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents
for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents
canceling_or terminating the Company's liability thereunder,and-any such instruments so executed b illy any such lllAttorney-in-Fact shall be binding upon
the Company-es if signed by the Presidentand sealed and effected=by the Corporate Secreta' ''I
1Be_ifResolved that-the signature of arey uthorized officer-and seal_of the Company heretofore ohlhereafterlaffb ed to any power ilTattorneyor any
certificate-relating thereto by facsimile,,aw any pnwerof_aftorney orcertificate bearing facsimile signature or facsimile seal shall be-valid andindin-bg_
upon the Company with respect to any bond or uiiertaking to which it is attached. 11 11 I11tl1Io
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
1st day of June, 2018.
UNITEDAN CONTRACTORS RACTO S INDEMNITY COMPANY TEXAS BONDING COMPANY
S`�',ATE$SURE 11 i1 .Iv1PA Y e,.$PECIA-GYM INjU RAN CE=COMPANY
AMERICAN s p,cTo �N�oIO tsSU l u
ill t:; )
X ; if3 �w ir_ Wr President
„atroA�,\� �'4,:t,+ 6"4,,,n*n,,o ..a,,,l,,,;, Daniel P.Aguilar,Vice
nl n 4141nlllnnl\\ I,,,1
ANotary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which th/s certificate is attached, and not the truthfulness accuracy, or validity of that document
r,I III Ill!t.. _
0n_this1st day of June,2018 before mes Sonia O Garrejo=a-notary public, persona`ly appeared Daniel P.Aguilar Vice Rtesidentof= -_
American Contractors Indemnity Com an sexas=Bo in Com an , United StateslliSuret Com anji _
p y` g p yy p hey and U.S. Specialty Insurance -
Company who proved to me on the basis of satisfactoryevidence to be the person whose name is subscribed to the witFein instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person,or the entity upon behalf of which the person acted,executed the instrument.
=I certify=under PENALTY OF PERJURY under the'1llaws'HI the State of California that the4oregoing paragraph is true and correct:
IVLTNESS=my hand-and official seal:li d'uIII i,1111I - < s_0,4 eA�uao
d 1111111111^ �.� iieto Publk•OIii,nla
i "K^e, Loa Angeles County l
�,10 •l 14 (seal) o n.EopIRs24r2437.92.
Signature My Camm.Explret i
I, Kio Lo, Assistant Secretary • American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and MS.Specialty Insurance Company do he-r by certify that the above a„rlld foregoing is ahtrue and correct copy of a Power-__
of Attorney=executed by said Compantes,which is sill infull force and effect furthermore, the resolutions of the Boards of Directors
•
sehout in the Powerof Attorney aretn fa are and�feet = P11111lu l![1 111 III II Ii' 111,00„
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,-California this
4th day of February , 2020 .
\`ysCTORs2, ,JuNDIfto'r ,\`E SURF �nt�ytgmup;�pp-
Corporate Sear uo? yoF 1:;"
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BOndi�l0- 001143436 41111/11/ l -I. III s ' .a ° `I�-y =
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r r2, [n11 z w - 3 a
l' 1 IIII ii III •'S 'y _ -Kio Lo, Assi Secretary��'` I II f'�T 'Q..� 7 Ta
Agency-No.-12103 „*Fo tt,„o gTsoFtEf`` • ?n, r o` - -
HCCSMANPOA05/2019
visit tmhcc.com/surety for more information
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