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Payment Bond BOND NO. 1001001146 "}'AIA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place ROOFING BY RUFF,INC. of business) 937 Fleming Street UNITED STATES SURETY COMPANY This document has important legal Key West FL 33040 20 W.Aylesbury Road consequences.Consunanon with Timonium,MD 21094-5605 an attorney Is encouraged with OWNER: respect to its completion or (Name,legal status and address) modification. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Any singular reference to 500 Whitehead Street Contractor,Surety,Owner or Key West,FL 33040 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT qlq Document A3iz-20to Date: JANUARY 31,2014 combines two separate bonds,a Performance Bond and a AmounLTHREE HUNDRED SEVENTY ONE THOUSAND EIGHT HUNDRED AND 001100 M715800.00) Payment Bond,Into one form. This Is not a single combined Description: ROOFING OF THE SOUTH,EAST AND WEST PORTIONS performance and Payment Bond. (Name and location)OF THE HISTORIC EAST MARTELLO TOWERS PROJECT IM440 BOND -- ------ ----- --Date:FEBRUARY 3,2014 (Not earlier than Construction Contract Date) Amount:THREE HUNDRED SEVENTY ONE THOUSAND EIGHT HUNDRED AND 001100(4371,800.00) Modifications to this Bond: 0 None ❑See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) ROOFING BY RUFF,INC. UNITED UNITED ST SURETY COMPANY Signature: /' Signature Name Rop¢:} a.n-F Name J t A. n, orne In a and Title: J: rv-.O1M' and Title: (Any additional signatures appear on the last page of this Payment Bond.) (POE INFORMATION ONLY—Name,address and telephone) -------------- - - AGENT or BROKER: OWNER'S REPRESENTATIVE: BONDS,INC. (Architect,Engineer or otherpm'0?:) 1 North Park Drive,Suhe 204 BENDER&ASSOCIATES ARCHITECTS,P.A. Hunt Valley,MD 21030 410 ANGELA STREET 410.527.9881 KEY WEST,FL 33040 Init. AM Document A312' -2010.Ike American Name orfchneaz. nun 6 1001001146 MONROE CO.max §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,snrcessnrs and assigns to the Owner to pay for labor,materials and equipment furnished Tor use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2lfthe Contractor promptly makes payment of all stuns 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. §3lfthere is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this amid 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 snits 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 Sure shall promptly mid m the Smcly's cxpemc 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 die Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were.,or equipment was,famished 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). §t 1fa 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 tinder 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 Surely'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 ofthe 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 hails 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 he 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 tinder Section 7.3,and due amount ofthls Bond shall be credited for any payments made In good faith by-the-Surety. §8 Amounts owed by the Owner to the Contractor under the Constmclion 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 hinds 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. Ian AlA Document Mir,-2010.The Amok n uremia of Ardaecn. 8 1001001146 MONROE CO.max §10 The Surety shall not be liable to the Owner.Claimants or others for obligations of the Contractor that arc 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 tinder 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 afler 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 banished 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 Rood shall be construed as a statutory bond and not as a common law bond. §16 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 §15.1Dlalm.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 lahnr,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 ennimcr 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"dent prat of water,gas,power,light,beat,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 flocmnents. Ia1L AM Document A312'•-2010.The American nnsItMe or Amnaetla. 7 1001001146 MONROE CO.max §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 diet compiisc the agmculeut between the Owner and Contractor. §1T 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: (Sparc Is prorldedbelme for additional stgnanaes of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Cmporale Seal) Signature: /"f✓ Signature: _ Name and Title: Ig*Pt K.iFF Name and Title: Address .j efLe I ,rr Address CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that changes will not be obscured. Init. AIA Document AMA`-2010.The American Fusible or Archaads. 8 1001001146 MONROE CO.max • POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company,a California corporation,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.Shaver,Janet A.Lan or Jon C.Capan its true and lawful Attomey(s)-in-fact,each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts,of suretyship to include riders, amendments, and consents of surety, providing the bond penalty don not exceed ******Unlimited Dollars (S ***unlimited*** ). This Power of Attorney shall expire without further action on December 08,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President any Secretary or any Assistant Secretary shall be and is hereby vested with full power and awhority to appoint any one or more suitable persons as Attomeyfs)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Aaorrey-in-Face 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, recopi®nces, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any abd all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and docudhmb canceling or terminating the Company's liability thereunder,and any such insUuments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY CAyerate Seals ,l;c a4% Y d Qa .;;;\ O ^rye IR 4 s\ E{ i` s Daniel P.Aguilar,Vice President State of California "w, n>' o„a \ County of Los Angeles SS: On 10th day of December,2012,before me,Vanessa Wright,a notary public,personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. it - 1, ' ,1 saaOrrair• rama MIMI Signature ar (Seal) soMpg MOB OS cow-____ ____ ....JJJJ Coale Ds me I,Jeannie Lee,Assistant Secretary of American Contractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 3rd day of February , 2014. Corporate Seals � , n , Fdsx "s4V j suq,,'jyc rx+" ^s`ys v.+H Bond No. 1001001146 =6 G co$ `' " Jeannie Lee, istant Secretary Agency No. 12103 i� - e + y BOND NO. 1001001146 �AIA- Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name,legal slaters and addn'ess) (Name,legal status and principal place ROOFING BY RUFF,INC. of business) 937 Fleming Street UNITED STATES SURETY COMPANY This document has Important legal Key West FL 33040 20 W.Aylesbury Road consequences.consultation wan Timonium,MD 21094.5605 an attorney Is encouraged with OWNER: respect tolls completion or (Nave,legal status and address) modification. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Any singular reference to 500 Whitehead Street Contractor,Surety,Goner or Key West,FL 33040 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT qiA Document A312-2070 Date:JANUARY 31,2014 combines two separate bonds,a Amount:THREE HUNDRED SEVENTY ONE THOUSAND EIGHT HUNDRED AND 001100 4371,800.00) Pedormance B a Payment Band,Intooneondand form. This Is not a candle combined Description: ROOFING OF THE SOUTH,EAST AND WEST PORTIONS Performance and Payment Bond. (Name and location) OF THE HISTORIC EAST MARTELLO TOWERS PROJECT#8440 BOND - ------- Date: FEBRUARY 3,2014 (Not earlier than Construction Contract Dale) Amonnt:THREE HUNDRED SEVENTY ONE THOUSAND EIGHT HUNDRED AND 001100($371,800.00) Modifications to this Bond: ❑None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corpor a Sea!) Company: (Corporate Seal ROOFING BY RUFF, NC. UNITED ST SURETY COMPANY / s Signature: Signature: i _ �//AAl i - Name R•x'/t R,,CP Name 41't '.Lan,ANo 117�n ii.ct -omen' and Title: V:et ndenr and Title: (Au additional signatnal ures appear car the last page ofthi etformace Bond) i AA% j I LU 111 - (FOR I/VFORALITIONONLY Name,address and telephone) - AGENT or BROKER: OWNER'S REPRESENTATIVE: BONDS,INC. (Architect,Engineer or other party) 2ECENED a 1 North Park Drive,Suite 204 BENDER S ASSOCIATES ARCHITECTS,P.A. Hunt Valley,MD 21030 410 ANGELA STREET 410.527.9881 -KEY WEST,FL 33040 In It. MA Document qaH'°-a0la.The American institute dNrl,eads. (J Demo 1 1 1001001146 MONROE CO.max • §1 The Contractor and Surcty,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. §2lfdie Contractor performs the Construction Contract,the Surety and die Contractor shall have no obligation under this Bond,except when applicable to participate in a conttrence as provided in Section 3. §3 If there is no Owner Default under the Contrnctioli 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 all 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 Surely 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 Canstmetiolt 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 Me 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 circunlsttances: .1 After investigation,dcicuuiae 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 bahn4efault 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,mid 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. hat. AU Document A312^4-2010.The Amo,kan lmnNe or Arcbaecls. - 2 1001001146 MONROE CO.max §7 If the Surety sleets to act under Section 5.1,52 nr 53,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 Surely shall not be greater than those of the Owner under the Conslnetion Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surely is obligated,without duplication,for .1 the l espmnibililies oldie Comm:tot Cm collation 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;mid • .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. 68 lfthe Surety elects to art under Section 5 1,53 nr 54,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 Ibis Bund to any person or entity other Than die 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 shell 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 Deflnhlons §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 die Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shalt be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. hilt. AIA Document A312`s—2010.The American institute orarmaects. 3 1001001146 MONROE CO.max §16 Modifications to this hand are as follows: (Space Isprovided below for additional signatures of added hurtles,other than those appearing on the carer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Car orate Seal) Company: (Corporate Seal) Signature: r- ` r(.' ✓ Signature: Name and Title: Rofeif li utT Name and Title: Address V.l¢ fres.drr'. Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. bill AIA Document AalV°-2010.The Ametlwn lnslluleorktl,aeds. 4 1001001146 MONROE CO.rnax