Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
#03/17/2021 Agreement
47 Kevin Madok, CPA y4 - Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: March 20, 2021 TO: Bet, Leto, Airports Business Manager, KWIA / 1 FROM: Pamela G. Hanc R9b/ .C. SUBJECT: March 17th 13OCC Meeting Attached is an electronic copy of the following item for your handling: j8 Contract with the second lowest responsive bidder, Marino Construction Group, Inc., in the amount of 81,888,375.00 for the Florida Keys Marathon International Airport Terminal Re-Roof Rehabilitation project.The project is funded by State FDOT Gnuu G01178 (80%); and Marathon Airport Operating Fund 403 (20%). Please be sure to provide this office with a copy of the recorded bond once filed into the Official Record. ---Should you have any questions please feel Tree to contact me at (305) 292-3350. 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 Florida Keys Marathon International Airport 2/2021 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual S E C T I O N D CONTRACT Terminal Re-Roof Rehabilitation Florida Keys Marathon International Airport THIS AGREEMENT made and entered into the 17th day of March,2021 by and between Marino Construction Group, Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Terminal Re-Roof Rehabilitation Florida Keys Marathon International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within one hundred eighty (180) calendar days from the Notice-to-Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the contract documents the Contract Lump sum of One million eight hundred eighty-eight thousand three hundred seventy- five Dollars ($ 1,888,375.00) 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. CONTRACT 11-1 Florida Keys Marathon Intemational Airport 2/2021 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual 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 Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment, 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. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 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, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection, with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20); days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included,that the work remains uncompleted,which sum shall represent the actual damages wh ich the Owner wi 11 have sustained per day by fa 1 lu re of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENAN_Cg OF RECORDS: Contractor shall maintain all books,, records, and CONTRACT 11-2 Florida Keys Maradion International Airport 2/2021 Monroe Counh, Terminal Re-Roof Rehabilitation Bid Documents Project Manual 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 years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its 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 seven 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, of the Florida Statutes, running from the date the monies were paid by the County. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119,0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (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 to and following completion of the contract if the contractor does not transfer the records to the County. CONTRACT 11-3 Florida Kovm Marathon bderrmdona|Airport 2/2021 Monroe Count-v Terminal Re-Roof Rehabilitation Bid Documents Project Manual (4) Upon completion of the oontnout, fnsnohar, 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 Coumty, upon request from the Count/'a custodian of records, in o 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 Countv, but if the County does not possess the requested nmoordo. the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or a||ovv the records to be inspected or copied within a reasonable time. |f the Contractor does not comply with the Counh/'a request for records, the County shall enforce the public records contract provisions in accordance with the c#ntn*ct, notwithstanding theComoty'$ option and right to unilaterally C@noe| this ountnaui Upon violation of this provision by the Contractor. A Contractor who falls to provide the public records to the County or pursuant toa valid public records request within areasonable time may be subject to penalties under Section 119.10. Florida Statutes, Contractor shall not transfer custody, ne|eaGm, alter, destroy or otherwise dispose of any public records unless or otherwise provided im this provision ores 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 TOTHIS C{}NTRf\CT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BR|AN BR/\[}LEY. AT (305) 292-8470. , K8{)NROE COUNTY ATTORNEY'S OFFICE, 1111 12m STREET, SUITE 4O8, KEY WEST, FL83D4O. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this eQreennemt. Contractor shall defend, indemnify and hold the County and the County'oelected and appointed officers and employees harmless from and against (i) any n|aims, actions or causes of action, (ii) any |iiigation, administrative prooeediNgo, appellate proceedings, or other proceedings relating to any type of injury (including death). |osa, danmege, fine, penalty or business interruption, and (iii) any costs or expenses (including, without |irnitatioD, costs of rennodie0mO and costs of additional security measures that the Federal Aviation Administration , the Transportation Security Administration or any other governmental agency requires by reason CONTRACT 1I-4 Florida Keys Marathon International Airport 2/2021 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) 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 on the Airport during the term of this Agreement, (8) the negligence or willful misconduct of Contractor or any of its employees, agents, 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). 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 the completion of the project(including the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ton ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement, CERTIFICATES OF INSURANCE, Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted.The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. NON-WAIVER OF IMMUb[JTY�. Notwithstanding the provisions of Sec. 768,28, Florida Statutes, the participation of COUNTY and CONTRACTOR 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. CONTRACT 11-5 Florida Keys Marathon International Airport 2/2021 Monroe Cotuity Terminal Re-Roof Rehabilitation Bid Documents Project Manual 11. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any forrn of indebtedness. CONTRACTOR further warrants and represents, that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract, 12. NOTICE RE-qILIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Beth Leto, CPM Deputy Director, Airport Finance &Admin. Key West International Airport 3491 South Roosevelt Blvd. Key west, Ft. 33040 FOR CONTRACTOR: Marino Construction Group, Inc. Michael Marino PO Box 1706 Key west, Fl. 33040 13. GOVERNING LAW, VENUE,AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements 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 will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 14. MEDIATION: 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 CONTRACT H�6 Florida Keys Marathon hiternational Airport 212021 Monroe Counq, Terminal Re-Roof Rehabilitation Bid Documents Project Manual other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. 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. 16. ATTORNEYS FEES AND COSTS: 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 attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 17. 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 COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18, 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. % _8INQJ_NG EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. CONTRACT H-7 Florida Keys Maratbon International Airport 2/2021 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual 20. A DBIL - UTH )L 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. 21. PRIVILEGES AND IMMU ES: 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. 22. LEGAL OBLIGATIgNS AN,D ,RJFSR0_N_Sl8lLlTIES, 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. 23 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 here-under, 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. 24, NC 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, 25, _EXECUTION_IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart, CONTRACT 11-8 Florida Keys Marathon International Airport 2/2021 Monroe Count), Terminal Re-Roof Rehabilitation Bid Documents Project Manual 26. NON-DISCRIMINA,TQI Contractor agrees 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 eras occurred,this Agreement automatically terminates Without any further action on the part of any party, effective the date of the court order. Contractor agrees 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 Vil of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin;2,)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss.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 nondisc drain ation 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, ss. 523 and 5,27 (42 USC ss.690dd4 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title VI 11 of the Civil Rights Act of 1968(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing', 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article 11,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. CONTRACT 11-9 Florida Keys Marathon International Airport 2/2021 Monroe Count Terminal Re-Roof Rehabilitation Bid Documents Project Manual Sty MN s WHEREOF the parties hereto have executed this agreement on the day and date --.X0sf 'tten in two(2) counterparts, each of which shall,without proof or accounting for the 1i a q •art, be deemed an original contract. r"t Ahj c / BOARD OF COUNTY COMMISSIONERS !, f•S 'J6VIN MADOK, CLERK OF MONROE C• , c ' • • sI `By:�� BI By: A •Ffr rqui _ As Deputy Clerk Mayor/Chairman 4,cA PO COUNTY ATTORNEY /* Marino Construction Group, Inc. ASsI6 TRY ATTORNEY Date 3/1/21 By: ppl ^ MAhae,l Maf; 16 Title:l itSldPMt NOTARIAL JURAT STATE OF: "1 O() GIG— COUNTY OF: 1,r Y\onto ,Q Subscribed and sworn to (or affirmed) before me, by means of kphysical presence or 0 online notarization, on (Y W 01 a-s` 2-02 1 (date) by M L (h&L .1 . Mar i i/ ) (name of affiant). elk.he is ersonally known me or has produced (type of identific ' n)as identification. Jensa Notary Pudic Sine d Fiends P Megan E Road 14e, IEVre girt/Rage I"8aa OTARY PUBLI¢ e o — cc 'Whn is authorized by the corporation to execute this contract. a _ NJ O 7 NJ CONTRACT 11-10 Florida Keys Marathon International Airport 2/2021 Monroe County. Terminal Re-Roof Rehabilitation Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT H-11 Florida Keys Marathon International Airport 11/2020 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and" approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverage marked with an "X"will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidders sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation DWLRC Statutory Limits C1 --Employer's Liability ELOLW\ $100,000/$500,000/$100,000 C2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000 C3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000 CUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability CJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverage will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal injury - -Expanded Definition of Property Damage Required Limits: GENERAL PROVISIONS III-87 Florida Keys Marathon International Airport 11/2020 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual GL1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,000/occurrence $ 50,000 property damage or $500,000 combined single limit $ 500,000/person; $1,000,000/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion & Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned, Non-owned and hired vehicles Required Limits: VLI $ 50,000/person; $100,000/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit VL3 X $ 500,000/person; $1,000,000/occurrence $ 100,000 property damage or $1,000,000 combined single limit VL4 $5,000,000 combined single limit GENERAL PROVISIONS III-88 Florida Keys Marathon International Airport 11/2020 Monroe County 06/2019 Terminal Re-Roof Rehabilitation Bid Documents Project Manual MISCELLANEOUS COVERAGES BR1 X Builders' Risk Limits Equal to the risk completed project Equal to the max. value of any one MVC Motor Truck Caro Limits shipment PR01 Professional Liability $250,000/occurrence P R02 $500,000/occurrence P R03 $1,000,000/occurrence P01_1 Pollution Liability $500,000/occurrence POL2 $1,000,000/occurrence POL3 $5,000,000/occurrence ED1 Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,000/vehicle) GK2 I Keepers $500,000 $100,000/vehicle GK3 $1,000,000 $250,000/vehicle MED1 Medical $500,000/$1,000,000 Agg. MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. IF I Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MCS-90 VLP2 Caro $500,000 (Requires MCS-90 VLP3 Transporter $1,000,000 (Requires MCS-90 BLL Bailee Liability Max. value of property HKL1 I Hangar keepers' Liability $300,000 HKL2 $500,000 H KL3 $1,000,000 AIR1 Aircraft Liability $25,000,000 Al R2 $1,000,000 Al R3 $1,000,000 AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 Agg. GENERAL PROVISIONS III-89 Florida Keys Marathon International Airport 11/2020 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: Marino Construction Group, Inc. 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that Will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged In providing the commodities or contractual services that are under bid a copy oft statement specified in Sub-section (1). 4, In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo cant endere to any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6 Make a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. As a person authorized to sign the statement, I certify that thIsJ`rm complies fully with the above requirements, Bidder's Signature Date BIDDING REQUIREMENTS AND CONTRACT FORMS 1-24 Florida Keys Marathon International Airport 11/2020 Monroe County Terininal Re-Roof Rehabilitation Bid Documents Project Manual SECTION G DISCLOSURE OF LOBBY ACTIVITIPS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under Grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: Dated-_��ZQZI Contractor's Authorized Representative MON"V1 0 1 1 , Wt IN REQUIREMENTS AND CONTRACT F01U\4S 1-28 Florida Keys Marathon International Airport 11/2020 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual SECTION L h, TITY CRIMES STATUTE't '!''iki "'''Ll This form must be signed and sworn to In the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement Is submitted with Bid, Proposal or Contract No. RFP-344-0-2020/la fo 2. This sworn statement Is submitted by 1\firino Construction Group,Inc. (name of entity submitting sworn statement) whose business address is .11.,7Q25ShLimg&d,Su1te st9FL,33040 and (if applicable) its Federal Employer Identification Number(FEIN) ls.,.§.5_-0923279 (if the entity has no FEIN, include the Social Security Number of the individual signing thI s sworn statement: 3. My name is Nfichael Marino and (please print name of Individual signing) my relationship to the entity named above Is President 4. 1 understand that a "public entity crime", as defined In Paragraph 287.133(l)(g), EJqLq1 &gMte1means a violation of any state or federal low by a person with respect to and dI rectly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, Including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6),fLqdaA_61a test @jLmeans a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt In any federal or state trial court of record relating to charges brought by Indictment orife t! July 1, 1989, as a BEDDING REQUIREWNTS AND CONTRACT FORMS 1-36 Florida Keys Marathon International Airport 11/2020 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo,contenders. I understand that an "affillate", as defined in Paragraph 287.133(l)(a), ELrA %11ytqL_means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active In the management of the entity and who has been convicted of a public entity crime. The term"affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active In the management of an affiliate. The ownership by one person of shares constituting a controlling Interest In another person or a pooling of equipment or Income among persons when not for it market value under an arm's length agreement, shall be a prima facle case that one person controls another person. A person who knowingly enters Into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person", as defined In Paragraph 287.133(l)(e), El"ri 21lkUW_9,_meane any natural person or entity organized under the laws of any state or of the United States with the legal power to enter Into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "pereon" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below Is true In relation to the entity submitting this sworn statement. (Indicate which statement applies.) _2L_Nekher the entity submitting this sworn statement nor any of Is officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active In the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, 6U2 (please Indicate which additional statement applies) - There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The BIDDING REQUIREMENTS AND CONTRACT FORMS 1-37 Florida Keys Marathon International Airport 11/2020 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) — The person or affiliate was placed on the convicted vendor list, There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings, The Final Order entered by the hearing officer determined that it was In the public interest to remove the person or a fiBiate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list, (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: xk_ n6ln�M__�m6no 11011 1 JCr,k Title T D at NOTARI&JURAI STATE OF: 110 r k-d a- COUNTY OF: 0( Subscribed and swor%o (or affirmed) before me, by means of Ophysical presenc or 0 online notarization, on r Af--% 2-C77-1 (date) by (name of affiant). He'7bhe is rse y renown me or has produced (type of identific 166, as i entlfic flon. NOTARY PUBLIC soffl Obs Notary Public State of Florida M a.E Rossi egan Rossi My Commission GG 121840 as Expirere s 07/0512021 C,IV BIDDR,ZG REQUIREMENTS. CONTRACT FORMS 1-38 Florida Keys Marathon International Airport 11/2020 Monroe County Terminal Re-Roof Rehabilitation Bid Documents Project Manual SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY FLORIDA ETHICS CLAUSE Marino Construction Grote Inc' warrants that Wit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in Its discretion, terminate this Contract without liability and may also, in its discretion® deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission® percentage, gift or consideration paid to the former County officer or employee. (Signature) Date: NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of tkphysical presence or 0 online notarisation® on (date) by. (name of affiant), H /—She rsonalV'K'hD" me or has produced Ic 'd (type of identifi n) as � enpi tion. de4nllfic NOTARY PUBLIC gVaft�� NOWY PUbk StOts d MtW& JQ Megan E ROW M GoinmissW GO 121840 07MM021 BIDDING REQUIREMENTS.AND CONTRACT FORMS 1-39 0 DATE(MMIDDIYYYY) A - CERTIFICATE OF LIABILITY INSURANCE 1/29/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Stacy Cool( AWA Insurance Agency PHONE FAX 13700 Six Mile Cypress Pkwy AIC No Ext: 239-418-1100 AIc No:239-418-1164 Suite# 1 ADDRESS: stacy@awainsurance.com Ft.Myers FL 33912 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Mt. Hawley Insurance Company 37974 INSURED MARICON-01 INSURERB:Auto-Owners Insurance Company 18988 Marino Construction Group, Inc. PO BOX 1706 INSURERc: FCCI Insurance Company 10178 KEY WEST FL 33041 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1555052630 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY Y MGLO190655 5/12/2020 5/12/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED Approved Risk Management CLAIMS-MADE X OCCUR PREMISES Ea occurrence $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT LOC 3-1-2021 PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y 52-830030-00 5/12/2020 5/12/2021 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LAB X OCCUR MXL0427799 5/12/2020 5/12/2021 EACH OCCURRENCE $5,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ G WORKERS COMPENSATION WC010006223101 11/13/2020 11/13/2021 X_]PER OTH- AND EMPLOYERS'LIABILITY YINSTATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Inland Marine-Commercial CM100030408-02 9/26/2020 9/26/2021 Rented/Leased Equip 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is named as an additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St. AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Florida Kee s N/larathon International All-port 1 1/202 0 Monroe County TeHllinal Re-Roof Reliabilitation Bld Doculliellis III-0iect Manual (f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. (3) The bond required in Subsection (I) may be in substantially the following form- PUBLIC CONSTRUCTION BOND Bond No, 107388136 .. . ......... Marino Construction Group, Inc. Travelers Casualty and Surety Company of America BY THIS BOND, We , as Principal and _, a corporation, as Surety, are —bound4(6[00(("CocomufnnitsysiBo()aetr'berein called Owner, in the sum of$ 1,888,375.00 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated between Principal and Owner for of;eV in lagpa l p construction ,n-roof the contract being made a part of this bored by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract*. and 4. Performs the guarantee of all work and materials furnished Linder the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or Linder the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON March 8th, 2021 Doe ft 2311107 Bk4 3085 Pg#412 Recorded 130/2021 1 1 A2 AM Paste I oF 2 Marino Construction Group, Inc. Filed acid Recorded in Official Records of' By MONROE COUNTY KEVIN MADOK-CPA Travele;s C..su Ity urety Company of America , Attorney in Fact & FL Res Agent (4 't knnrA ,�,!Tfv b6yhile i bond provisions of all bonds required by subsection (1) shall be construed andldeemedls tutory payment bonds furnished pursuant to this section and such bonds shall not under,any,cii curnstances be converted into common law bonds.. This bond is given to comply with section 255,05 C 0 NTR A("'F Florida Statutes,and any action instituted by a 11-10 claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2),Florida Statutes { Travelers Casualty and Surety Company of America AM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of MIAMI I Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. opi HARWK cm SUL i•M+ State of Connecticut By: 1Ji'' `ate City of Hartford ss. Robert L.Raney,Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and that he,as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. q.1R My Commission expires the 30th day of June,2021 * * Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of Indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelef6;tCasualty,"dySurety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and conect.Copy 6fotWd1Pob!er.of. Attorney executed by said Companies,which remains in full force and effect. _ Dated this S day of March 2021 F11R3�41iy sy,:61TAN* SIX * 9'Kevin E.Hughes,Assistan�i-etary To verify the authenticity of this Power ofAttanney,Please call us at 1-800-421-3WO. Please refer to the alcove named Attomey-in-Factand the details of the bond to which the power is attached.