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03/16/2022 Agreement
DATE: May 4, 2022 TO: Breanne Erickson, Contract/Budget Administrator Project Management Stan Thompson, Contract Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: March 16th BOCC Meeting Attached is a copy of the following executed item, for your handling: C14 Agreement with Triple M Roofing Corp., the lowest responsive and responsible bidder, for $557,450.00 for the replacement of the south portion of the roof at the East Martello, funded by the Tourist Development Council. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 16th Day of March 2022 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Triple M Roofing Corp. 914 NW 19' Avenue Ft. Lauderdale, FL 33311 For the following Project: EAST MARTELLO ROOF PHASE II 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. 1. The intent of the Drawings and Specifications is to describe the materials and methods of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. Drawings, Specifications, and Contract documents are complimentary, and what is required by one shall be as binding as if required by all. 2. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. As per drawings, carefully remove existing roofing materials, execute repairs and install new roofing materials. 3. Alternates as listed may be selected at the desire of Monroe County, 4. If necessary, equipment access to the interior Courtyard via Sally port is limited by Page 1 of 19 height and width. 5. Contractor to provide one 3-ring Binder with all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the new roof system and one (1) digital copy in PDF format on a flash drive. 6. Dispose of all debris off site in a timely and legal manner. All areas impacted by the construction must be returned to original condition. There may be other construction projects under way at the Fort, as well as public functions at the Fort and in the adjacent open event field. The Contractor shall coordinate with Museum staff, other Contractors, and Monroe County to establish a staging location. The jobsite is adjacent to the Key West Airport. If cranes or similar high equipment are used that are higher than the Citadel, the Contractor shall be responsible for obtaining the required clearances from the FAA. Clearances shall be obtained prior to work. *'THE EAST MARTELLO PROPERTY IS A SENSITIVE ARCHAELOGICAL AREA. SIGNIFICANT EXCAVATION WILL BE REQUIRED FOR THIS WORK WITHIN THE FORT. WHEN EXCAVATION TAKES PLACE ONSITE, CONTRACTOR MUST NOTIFY MONROE COUNTY PROJECT MANAGER PRIOR TO EXCAVATION." 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 Page 2 of 19 ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recoverv, of dama es and sole remedv 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. Page 3 of 19 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 Five Hundred Fifty -Seven Thousand, Four Hundred Fifty/100 Dollars ($557,450.00), 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 — List the additional price to provide and install copper gutters and downspouts in lieu of the painted aluminum gutters and downspouts listed in the base bid. $ Seventeen Thousand Five Hundred and 00/100 Dollars (Alternate #1- words) $17,500.00 Dollars (Alternate #1— numbers) ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 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 Page 4 of 19 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 five percent (5%). 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 five percent (5%) will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. 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 and the work has been accepted by the Owner 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 Page 5 of 19 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). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the City of Key West Building Department and any other permitting or regulatory agencies, as applicable. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. Page 6 of 19 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 bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a 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 or five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. 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 seven (7) 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 by the Owner. 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 Page 7 of 19 and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and 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 ten (10) years after Final Completion of the Project. 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 Page 8 of 19 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 court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. 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. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. 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) Page 9 of 19 The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment 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. 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. 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) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. 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 Page 10 of 19 recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. o) 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 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 Page 11 of 19 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, 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. p) 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. q) 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. Page 12 of 19 r) 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. s) 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. t) 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. u) 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. v) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w) 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 parry 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 Page 13 of 19 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 Fla. Stat., Sec. 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. x) 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. y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. z) 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. aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Page 14 of 19 Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. bb) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat. Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. dd) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non -acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Thomas J. Milanese President Triple M Roofing Corp. 914 NW 19th Avenue Ft. Lauderdale FL 33311 Page 15 of 19 For Owner: Director of Project Mana ement 1100 Simonton St. Room 2-216 KeyWest Florida 33040 ('rNlinfu Attorne 1111 12th Street, Suite 408 Key West, Florida 33040 Assistant County Administrator PW & E 1100 Simonton St. Ke 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 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days' written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 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 Page 16 of 19 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. 8.7 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: Bender & Associates, Architects - construction drawings document & specifications document. b) Project Manual: N/A 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: N/A 9.1.4 The Addenda, if any, are as follows: Number Date Page 1 1 /7/2022 1 2 1 /31 /2022 1 3 2/1 /2022 1 4 2/9/2022 2 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. Page 17 of 19 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 19 of 19 EAST MARTELLO ROOF PHASE II Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1. Proposal Form 2. Proposal Security (Bid Bond) 3. Non -Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug -Free Workplace Form 6. Local Preference Form and requirements (if applicable) 7. Public Entity Crime Statement 8. Vendor Certification Regarding Scrutinized Companies Lists 9. Subcontractor List Form 10. Proposer's Insurance and Indemnification Statement 11. Insurance Agents Statement (signed by agent) 12. Answered Required Questions 13. Provided three (3) Customer References and three (3) Credit References Provided three (3) years of Financial Statements in separate email marked 14. "CONFIDENTIAL" 15. Certified copy of Valid Florida Contractor's License 16. Current Monroe County Occupational License Business Name: Triple M Roofing Corp. DBA: Same Business EIN # 11-1986288 Business Mailing Address: 914 NW 19th Avenue Address: Same City, State, zip Ft. Lauderdale, FL 33311 City,State,zip Same Phone: 954-524-7000 Local Phone: 954-524-7000 The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal. Date Februar 22 2022 Signed: , Printed: Thomas J. Milanese Title: President PROPOSAL FORM 00120- Page 28 of 219 EAST MARTELLO ROOF PHASE II SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: Triple M Roofin . Cor The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: EAST MARTELLO ROOF PHASE II and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, togetherwith the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Five Hundred Thirty Nine Thousand Nine Hundred Fifty and 00/100 Dollars (Total Base Proposal- words) $ 539,950.00 Dollars (Total Base Proposal — numbers) PROPOSAL FORM 00120- Page 26 of 219 EAST MARTELLO ROOF PHASE II I acknowledge Alternates as follows: Alternate #1 — List the additional price to provide and install copper gutters and downspouts in lieu of the painted aluminum gutters and downspouts listed in the base bid. $ Seventeen Thousand Five Hundred and 00/100 Dollars (Alternate #1- words) $_ 17,500.00 Dollars (Alternate #1— numbers) Alternate #2 — List the deduction in price to deduct the new equipment stands and non- skid equipment access walkways from the roof. (Base bid shall include equipment stands and non-skid equipment access walkways.) $ Twenty Eight Thousand and 00/100 Dollars (Alternate #2 - words) $ 28,000.00 Dollars (Alternate #2— numbers) Unit prices, if any, are as follows: N/A I acknowledge receipt of Addenda No.(s) No. 1 Dated 1/7/22 No. 2 Dated 1/31/22 No. 3 Dated 2/1/22 No. 4 Dated 2/9/22 PROPOSAL FORM 00120- Page 27 of 219 Witness: EAST MARTELLO ROOF PHASE II BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we Triple M Roofing Corp. 914 NW 19th Avenue, Fort Lauderdale, FL 33311 (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Harco National Insurance Company 702 Oberlin Road, Raleigh, NC 27605 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board of County Commissioners 1100 Simonton Street, Key West, FL 33040 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of (5% of amount bid) Dollars ($_ ),, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for EAST MARTELLO ROOF PHASE II 3501 S. Roosevelt Blvd., Key West, FL 33040 BID DATE: 02/22/22 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. kness) PROPOSAL FORM TRIPLE M ROOFING CORP. (Principal) (Seal) (Title)"°"" , HARCO NATIONAL INSURANCE COMPANY (Surety) (Seal). e) Mimi Rubenoff, 00120- Page 29 of 219 Individual Acknowledgment State of County of -___...... On this day of m, before me personally came and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My conunission expires: Firm Acknowledgment State of County of ... _ On this day of Notary Public before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My connnission expires: Notary Public Corporation Acknowledgment State of �'i i Countyof--- nthis day of i� �''m : �t� _ before me personally came 2— Aes whne y � , � 1 the co dull omdid depose and say that he is the , oration described in and which executed the above instrument that he knows the seal w � to me no ....,,.... of . corporation of said dorporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Boar 4 s name th ° "to like order. PAMELA S1Ut Y P :�n� Notary Public Statl 4 uVll n � M commission expires: t�1 - �i��° My Commission E pi es t - ---- �� --- . Notary Public December 26, 2025 Surety Acknowledgment State of New York,—,,_� _............................ ........... ....... County of Nassau ......... On February, 15, 2022, before me personally came Mmi_Rubenoff to me known, who, being by me duly sworn, did depose and say that he/she is an Attorney -in -Fact of HARCO NATIONAL INSURANCE COMPAN Y the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ANGELA CHIODO NOTARY PUBLIC, STATE OF NEW YORK !` My commission expires: ID No. 01CH6117874 �+�.•- � � _ _IT_ITmmm� ��� QUALIFIED IN NASSAU COUNTY Notary Public COMMISSION EXPIRES 11/01/2024 HARCO NATIONAL INSURANCE COMPANY 1701 GOLF ROAD, SUITE 1-600, ROLLING MEADOWS, IL 60008 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2020 ASSETS Bonds (Amortized Value) .. . .. .. . ........... . ... ... . .... $97,647,952 Stocks (Preferred Stocks) ...... ............... . . . .... „ ..... 4,687,175 Stocks (Common Stocks) . .. . .. .. . .. . ...... . .......... . ... 817,906,534 Cash, Bank Deposits & Short Term Investments ................. 47,123,738 Other Invested Assets .............................. .. ... 15,101,626 Unpaid Premiums & Assumed Balances .............. . .......... 1.75,152,948 Deferred Premiums, Agents Balances & Installments booked ......... 30,894,886 Reinsurance Recoverable from Reinsurers ................. . ..... 45,151,643 Reinsurance - Funds Held by or deposited with reinsured companies .. 6,874,534 Current Federal & Foreign Income Tax Recoverable & Interest .. 0 Investment Income Due and Accrued .......... . ......... . . . .. 1,137,118 Receivables from Parent Subsidiaries & Affiliates ................ 9,477,956 Other Assets ..................................... . ...... 3,203,261 TOTAL ASSETS ................. . .. „ ...... , ..... $1 254 359,371 LIABILITIES, SURPLUS „& OTHER FUNDS Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) ........................... . $143,768,470 Reinsurance payable on paid losses & loss adjustment expense . , ..... 13,625,897 Loss Adjustment Expenses .................................. 33,948,777 Commissions Payable, Contingent Commissions & Other Similar Charges 8,362,981 Other Expenses (Excluding Taxes, Licenses and Fees) ........ , .... , . 615,501 Taxes, Licenses & Fees (Excluding Federal Income Tax) .......... . . . 2,999,990 Current federal and foreign income taxes ........ „ ....... . ...... 625,084 Net Deferred Tax Liability .................................. 9,247,541 Unearned Premiums ....................... . .............. 115,882,069 Advance Premium .................... „ . , , ..... ...... , .. 296,536 Ceded Reinsurance Premiums Payable .......... . .. .... . ...... 88,051,007 Funds held by Company under reinsurance treaties .......... . .... > 13,600,566 Amounts Withheld by Company for Account of Others ........... . . 45,835,854 Payable to Parent Subsidiaries & Affiliates .... . ................. 4,231,049 Other Liabilities .............................. , .......... , _ 77,841 TOTAL LIABILITIES . . ................ Common Capital Stock .................................... $3,500,004 Gross Paid -in & Contributed Surplus ..................... . .... 670,781,834 Unassigned Funds (Surplus) .............................. 92,537,882 Surplus as Regards Policyholders ......... ___ .. , . $766.819 720 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS .... .$j _247_% $$4 I, John Mruk, Treas naiRVQRCO NATIONAL INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liab i` u# 1� 14 Other Funds of this Company, at the close of business, December 31, 2020, as reflected r ""prted in its statement on file with the Insurance Department of the State of Illinois. by its books ` r "A ASP IN TESTIMONY WHEREOF, I have set my hand and affixed the MY Comm. Fop, z s seal of the Company, this 26'h day of February, 2021. Janu8ry 15 �025 HARCO NATIONAL INSURANCE COMPANY �•%-per-' AV 6 L�G�r 2V ��� »�r ...__.«....ems. _ �'_____.......�.... SIGNED AND SW re me on this day of I v 0-C .., 20 Z 1 . . . NOTARY PUBLIC, STATE OF POWER OF ATTORNEY Bond# N/A ` HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint MIMI RUBENOFF, JOHN D. FILICE New York, NY their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2019 T��✓� STATE OF NEW JERSEY STATE OF ILLINOIS ; Q�r,0er,�C',n': q4� y County of Essex County of Cook - n SEAL�- 1904 JE $ �Ken neth Chapman {«° Executive Vice President, Harco National Insurance Company F�''"• x,»�''k and International Fidelity Insurance Company On this 31st day of December, 2019 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. W"' I ��`��, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, %�4�, E• A.0Gj,, New Jersey the day and year first above written. Co 41 5 , Shirelle A. Outley a Nota...... Puublibli - Notary c of New Jersey � E`� M CommissionExpires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February 15, 2022 B35915 Irene Martins, Assistant Secretary EAST MARTELLO ROOF PHASE II SECTION 00120 NON -COLLUSION AFFIDAVIT I, Thomas J. Milanese of the city Fort Lauderdale according to law on my oath, and under penalty of perjury, depose and say that: 1. I am President of the firm of Triple M Roofing Corp. the proposer making the Proposal for the project described in the notice for calling for proposals for: East Martello Roof Phase II and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge -of said protect„ o February 22„ 2022 all of Pro user) (Date) STATE OF: FlDrida COUNTY OF: Broward Subscribed and sworn to (or affirmed) before me, by means of IX physical presence or ❑ online notarization, on Februa 22, 2022 (date) by Thomas J. Milanese (name of affiant). He/She is personally n f identification) as fd known me or has roduced (type o ation. NOTARY PUBLIC My commission expires: 12/28/25 PROPOSAL FORM 00120- Page 30 of 219 EAST MARTELLO ROOF PHASE II LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Triple M Roofing Corp. (Company) warrants that he/it 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. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. 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". tl�01,00 (Signature) Tho as J. Mil ese, President Date: Februa 22, 2022 STATE OF: Florida COUNTY OF: Broward Subscribed and sworn to (or affirmed) before me, by means of IX physical presence or ❑ online notarization, on February 22, 2022 by Thomas J. Milanese (:known to meor has produced PAMELA SHURAK Notary Public -State of Flond commission N HH 2O0617 My Commission Expires December 28, 2025 - (date) (name of affiant). He/She is ° n„a v (type of identification) as OTARY PUBLIC My commission expires: 12/28/25 PROPOSAL FORM 00120- Page 31 of 219 EAST MARTELLO ROOF PHASE II DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Triple M Roofin Cor . (Name of Business) Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's 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. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, 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 contendere 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. Imposes 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. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.,� Propot. omas 3'-" flilanese, President February 22 2022 Date STATE OF: Florida COUNTY OF: Broward Subscribed and sworn to (or affirmed) before me, by means of Xphysical presence or ❑ online notarization, on 2/22/22 (date) by Thomas J. Milanese (name of affiant). He/She is(person ow , to me or has produced _ _ (type of identification) PII kn Y as I rz. _.: _ :t.�YP-d, AMELA SHURAK ?x° ��SNotary Public State of Florida ,a ate. Commission # HH 2O0617 �� Commission Expires NOTARY PUBLIC D (S "` December 28, 2025 My commission expires: 12/28/25 PROPOSAL FORM 00120- Page 32 of 219 EAST MARTELLO ROOF PHASE II LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Tri le M Roofin Cor Date: February, 22, 022 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? No (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? No (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) " i 77-1 "" 4AWox R � . Tel.Number. Address / )r Print Name: 220M"457 1m 1I" "; � Signature and *0 of Authorised Signatory for Bidder/Responder STATE OF: Florida COUNTY OF: Broward Subscribed and sworn to (or affirmed) before me, by means of 29 physical presence or ❑ online notarization, on February 22, 2022 (date) by Thomas J. Milanese name of affiant . He/She is<'""erson lly kno eM ( ) a wntom or h FAMLcLA SHURAK Notary Public -State of Florid Commission 8 HH 2O0617 My Commission Expires _December 28, 2025 (SEAL) PROPOSALFORM identification) as NOTARY PUBLIC My commission expires: 12/28/25 00120- Page 33 of 219 EAST MARTELLO ROOF PHASE II PUBLIC ENTITY CRIME STATEMENT "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 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Thomas J. Milanese (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. ,µ. (Signature) Date: Februar 22, 2022 STATE OF: Florida COUNTY OF: Broward Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or ❑ online notarization, on February 22, 2022 (date) by Thomas J. Milanese (name of affiant). He/She i& persona k n o w n to mdw has produced (type of identification) as identification. IIII� . � PAMELA SHURAK Notary Public -State of Florid t4OTARY PUBLIC commission # HH 2O0617 My Commission Expires �) Decemberr228, 2025 My commission expires: 12/28/25 PROPOSAL FORM 00120- Page 34 of 219 EAST MARTELLO ROOF PHASE II VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): East Martello Roof Phase II Respondent Vendor Name: Triple M Roofing Corp. Vendor FEIN: 11-1986288 Vendor's Authorized Representative Name and Title: Thomas J. Milanese, President Address: 914 NW 19th Avenue City: Ft. Lauderdale State: FL Zip: 33311 Phone Number 954-524-7000 Email Address: tom tri lemroofln !.com .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Thomas J. Milanese to sign on behalf of the above referenced company. Authorized Signature: Print Name: Thomas J. Milanese L Title: President Note: The List are available at the following Department of Management Services Site: who is authorized htti //www.dms._myflor„ida.com/business operations/state l: urchasing vendor information/convictedMmmsusl,� ended discnminatoryd complaints vendor enlists PROPOSAL FORM 00120- Page 35 of 219 EAST MARTELLO ROOF PHASE II SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph # w/area code Fax: Cell: Address NONE PROPOSAL FORM 00120- Page 36 of 219 EAST MARTELLO ROOF PHASE II SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub -Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self -insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. However, the Contractor shall provide to County Project Management a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County -owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County -owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 219 EAST MARTELLO ROOF PHASE II All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 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 Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 219 EAST MARTELLO ROOF PHASE II WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR EAST MARTELLO ROOF PHASE II BETWEEN MONROE COUNTY, FLORIDA AND Triple M Roofing Corp. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 219 EAST MARTELLO ROOF PHASE II GENERAL LIABILITY INSURANCE REQUIREMENTS FOR EAST MARTELLO ROOF PHASE II BETWEEN MONROE COUNTY, FLORIDA AND Triple M Roofing Corp. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 219 EAST MARTELLO ROOF PHASE II VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR EAST MARTELLO ROOF PHASE II BETWEEN MONROE COUNTY, FLORIDA AND Triple M Roofing Corp. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 219 EAST MARTELLO ROOF PHASE II PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers Liability General Liability, including Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Statutory Limits $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee $1,000,000 Combined Single Limit Vehicle Liability (Owned, non -owned, and hired vehicles) $1,000,000 Combined Single Limit Builder's Risk: If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. 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 Fla. Stat., INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 219 EAST MARTELLO ROOF PHASE II Sec. 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 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. 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Triple M Roofin Cor . PROPOSER Signature Thomas'J. Milanes e, President INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 219 EAST MARTELLO ROOF PHASE II INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY Commercial General Liability Liability policies are X Occurrence Frank H. Furman, Inc. Insurance Agency �..._ DEDUCTIBLES $10,000 Claims Made 4."z �0 2/15/2022 Signature End of Section 00130 INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 219 EAST MARTELLO ROOF PHASE II SECTION 00120 PROPOSAL FORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description 1. Proposal Form 2. Bid Bond (Proposal Security) 3. Non -Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug -Free Workplace Form 6. Local Preference Form 7. Public Entity Crime Statement 8. Vendor Certification Regarding Scrutinized Companies List 9. Subcontractor Listing Form 10. Insurance Requirements and Policy and Procedures 11. Workers Compensation and Employers' Liability 12. General Liability 13. Vehicle Liability 14. Proposer's Insurance and Indemnification Statement 15. Insurance Agent's Statement 16. Contractor License: A Current Copy to be submitted with Proposal. Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. INFORMATION REQUIRED TO BE PROVIDED 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A PROPOSAL FORM 00120- Page 23 of 219 EAST MARTELLO ROOF PHASE II copy of documentation demonstrating that the entity is a legally viable entity shall be attached. B. A list of the officers and directors of the entity. See Attached C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). 61 D. The number of years the person or entity has operated under its present name and any prior names. 61 E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES ❑ NO x❑ b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES M NO xx C. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any lawsuits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO �x PROPOSAL FORM 00120- Page 24 of 219 EAST MARTELLO ROOF PHASE II d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO 0 e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES NO x❑ Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. g. Financial statements for the prior three (3) years. Please provide in a separate email for the Contractor's confidentiality, and clearly label the email as "CONFIDENTIAL". ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. 119.07(1) and s.24(a), Art. 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. PROPOSAL FORM 00120- Page 25 of 219 LIST OF SHAREHOLDERS/OFFICERS Richard Milanese, CEO Thomas J. Milanese, President Peter Milanese, Vice President/Secretary Jeffrey Milanese, Vice President 914 1,1,W 19th Avemu: - Fort Lauderdale, Florida 33311 Phcm� (954) 511 7000 III x: (954) 52,1 02,'18 f 11 W W'W tllplenwoo Irip"Coln Similar Projects . ................ ....... . ......... Contract Title Company Name Contact ... . ........... . Value/Description Monroe County Monroe County Board of Michael DeAngelis $803,600 GATO Building County Commissioners deangelis-michael@monroecounty-fl.gov Re -roofing of GATO Key West, FL Key West, FL Monroe County Project Management Department Building 305-570-9188 , Monroe County Monroe County Monroe County Board of Johnnie Yongue $238,500 Sheriffs Office Count Commissioners Yongue-Johnnie@ Mon roeCou nty-FI.Gov Re -roofing of Monroe Key West, FL Key West, FL Monroe County Public Works & Engineering Division County Sheriff's Office (305) 292-4429 J. URS Group, Inc ...... . Michelle Garland Naval Air Station Naval Air Station michelle.garland@aecom.com Over $3 million in Key West, FL Key West, FL PO Box 2010088 Re -roof projects Austin, TX 78720-1088 (512) 419-6827 JR Bowman Const. Co AT&T Facilities AT&T Chris Witt Florida, S. Carolina, 754 Peachtree NE chriswitt@jrbowman.com Over $20 million in North Carolina & Atlanta, GA 30308 1605 South Zack Hinton Pkwy Re -roof projects Georgia McDonough, Ga. 30253 (678) 628-3349 REI Engineers, Inc. Wells Fargo Wells Fargo Bank Rich Britt Facilities Association rbritt@reiengineers.com Over 3.5 million in Florida 1524 US Highway 1 1927 JN Pease Place, Suite 201 Re -Roof projects Sebastian FL 32958 Charlotte, N Carolina 28262 (704) 215-3019 914 P��4�W 19th Averme - Pori�� Lauderdalt,., Flloiida h01111": (1954) 5]?4-7000 - III ax: (954) 52,!i-0248 11 P14 Ell REFERENCES Les Knopf KNOPF & ASSOCIATES, INC. 3965 Investment Lane Riviera Beach, FL 33404 (561) 582-7700 Chris Witt JR BOWMAN CONSTRUCTION CO 1605 S. Zack Hinton Parkway McDonnough, GA 30253 (678) 628-3349 Gary Mitchell ARNOLD & ASSOCIATES 14275 Midway Road Addison, TX 75001 (469) 585-4152 Rich Britt REI ENGINEERS, INC. 1927 JN Pease Place, Suite 201 Charlotte, NC 28262 (704) 596-0331 9 kl� 9th Avenue * Fort TawlecdAc, Flor'1da'333 (954) 521 70010 * 1�x: (954) 524 02,18 con] BUSINESS TRADE REFERENCES GULFEAGLE SUPPLY Contact: Todd Fowler 3101 SW 13 Drive Office: (954) 426-6698 Deerfield Beach, FL 33442 Fax: (954) 426-6675 JGA,BEACON Contact: Dave McMillion 1150 SW 32 Way Office: (954) 969-8000 Deerfield Beach, FL 33442 Fax: (954) 969-0904 SIPLAST Contact: Rodney Prewitt 1000 E. Rochelle Blvd. Office: (469) 995-2200 Irving, TX 75062 Fax: (469) 995-2205 ABC SUPPLY Contact: Jeff Gould 7392 Haverhill Road Office: (561) 863-8600 West Palm Beach, FL 33407 Fax: (561) 848-0174 R M TEL FASTENERS SS Contact: Sanjay Bhogayta 1000 SW 12th Avenue (Andrews Ave) Office: (954) 561-8181 Pompano Beach, FL 33069 Fax: (954) 563-3023 SEAMANS FIBERTITE Contact: Mario Ibanez P.O. Box 73210 Office: (954) 253-1532 Cleveland, OH 44194 Fax: (330) 263-6950 914 II ,'' 19di Avcntte 9 Fcm III audcuda(e:' Ffoi°�i.(a i 33131 1 i i .(.,orur: Ron DeSavitk, Governor Halwy Beshears, Secre(ary b'Or STATE OF FLORIDA J.: DEPARTMENT OF BUSINESS AND! PROFESSIONAL REGULATION I �SE NUMBER': CCC1328254 I I p ... . ..... i ............ . .... ..... ... ........... EXPIRATION DATE: AUGUST 31,2022 Always verify ftenses or-flime at MyRoridaLicensexom R] �6:�f�jp [i) CKY Do not alter" thisdocurnent in any forrn. This is your license. It is unlawful for anyone other than the licensee to arse this docurnent, , NMI DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/28/2022 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 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). CONTACT PRODUCER NAME: FAX PHONE (954)942-6310 (954)943-5050 Frank H. Furman, Inc. (A/C, No): (A/C, No, Ext): E-MAIL 1314 East Atlantic Blvd. ADDRESS: P. O. Box 1927 INSURER(S)AFFORDINGCOVERAGENAIC# Pompano BeachFL33061 Houston Specialty Insurance Company12936 INSURER A : INSURED Imperium Insurance Company35408 INSURER B : Triple M Roofing Corp FRSA SIF/Evanston Insurance Company35378 INSURER C : 914 NW 19th Avenue INSURER D : INSURER E : Ft LauderdaleFL33311 INSURER F : COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY X 1,000,000 EACHOCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR$ AX PREMISES(Eaoccurrence) XY CONHSGL0000131005/1/20225/1/2023 5,000 MEDEXP(Anyoneperson)$ X Contractual Included 1,000,000 PERSONAL&ADVINJURY$ X XCU Included 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- X 2,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ 1,000,000 (Eaaccident) BODILYINJURY(Perperson)$ X ANY AUTO B ALLOWNEDSCHEDULED BODILYINJURY(Peraccident)$ CONIICCA0000126005/1/20225/1/2023 XY AUTOSAUTOS NON-OWNED PROPERTY DAMAGE $ XX HIRED AUTOS (Peraccident) AUTOS $ 10,000 Personal Injury Protection UMBRELLA LIAB X CONHSCX0000102005/1/20225/1/2023 EACHOCCURRENCE$ 5,000,000 OCCUR EXCESS LIAB Coverage is Excess of the CLAIMS-MADEAGGREGATE$ X 5,000,000 A GL AL and EL $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION X STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT$ 1,000,000 N / A OFFICER/MEMBER EXCLUDED?N C 8700401401/1/20221/1/2023 (Mandatory in NH) Y E.L. DISEASE - EA EMPLOYEE$ 1,000,000 Ifyes,describeunder E.L. DISEASE - POLICY LIMIT$ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Monroe County Board of County Commissioners, their elected and appointed officers and employees are known as Additional Insureds with respect to General Liability and Automobile Liability as required by written contract or agreement and subject to policy terms and conditions. Waiver of Subrogation in favor of the Additional Insureds for General Liability, Automobolie Liability and Workers Compensation as required by written contract or agreement and subject to policy terms and conditions. CERTIFICATE HOLDERCANCELLATION Thompson-Stan@MonroeCounty-FL.Gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 Dirk DeJong/JC ©1988-2014ACORDCORPORATION.Allrightsreserved. ACORD25(2014/01)TheACORDnameandlogoareregisteredmarksofACORD INS025 (201401) COMMENTS/REMARKS conditions. Additional Insured Lessor of Leased Equipment is included under the GL as per CG2028 (12/19) ------------------------------------------------------------------ The Auto includes blanket additional insured as per CA2048 (10/13), PNC as per CA0449 (11/16) and WOS as per CA0444 (10/13) as required by written contract or agreement and subject policy terms and conditions. ------------------------------------------------------------------ WC WOS is available as per WC000313 (4/14) (without additional charge) as required by written contract or agreement and subject to policy terms and conditions If the cert holder wants a copy of the WOS endorsement please advise CSR as they must be issued specific to each entity that wants one **All WC Certs must be forwarded to the FRSA for their file** ------------------------------------------------------------------ Loss Payee is available under the Scheduled Contractors Equipment &/or Leased Rented Equipment - Please give COI to CSR to order the endorsement Deductible is $1,000 AOP and Wind/Hail COPYRIGHT 2000, AMS SERVICES INC. OFREMARK POLICYNUMBER:CONHSGL000013100COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED –OWNERS, LESSEES OR CONTRACTORS –SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Any person or organization in which the NamedAs per written contract or written agreement Insured has agreed in a written contract or written executed prior to loss agreement executed prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II –Who Is An Insured is amended toB.With respect to the insurance afforded to these include as an additional insured the person(s) oradditional insureds, the following additional organization(s) shown in the Schedule, but onlyexclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1.All work, including materials, parts or 1.Your acts or omissions; or equipmentfurnished in connection with such 2.The acts or omissions of those acting on yourwork, on the project (other than service, behalf;maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2.That portion of "your work" out of which the However: injury or damage arises has been put to its 1.The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a principal as a part of the same project. 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19© Insurance Services Office, Inc.,2018Page 1of2 C.With respect to the insurance afforded to these2.Available under the applicable limits of additional insureds,the followingis added toinsurance; Section III –Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or Page 2of2© Insurance Services Office, Inc.,2018CG 20 10 12 19 POLICYNUMBER:CONHSGL000013100COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED –OWNERS, LESSEES OR CONTRACTORS –COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE NameOf Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization in which the NamedAs per written contract or written agreement Insured has agreed in a written contract or written executed prior to loss agreement executed prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II –Who Is An Insuredis amended toB.With respect to the insurance afforded to these include as an additional insured the person(s) oradditional insureds, the following is added to organization(s) shown in the Schedule, but onlySection III –Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1.Required by the contract or agreement; or in the "products-completed operations hazard". 2.Available under the applicable limits of However: insurance; 1.The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the applicable limits of insurance. 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19© Insurance Services Office, Inc.,2018Page 1of1 COMMERCIAL GENERAL LIABILITY Policy Number: CONHSGL000013100 CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Conditionand supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured ; and under such other insurance CG 20 01 12 19© Insurance Services Office, Inc., 2018Page 1 of 1 POLICYNUMBER:CONHSGL000013100COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OFTRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US(WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICYDESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization in which the Named Insured has agreed in a written contract or written agreement excuted prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Usof Section IV –Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19© Insurance Services Office, Inc.,2018Page 1of1 Policy Number:CONHSGL000013100 HIIG CG 20 0710 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMITENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule CoverageLimit of Insurance Single Construction Project General Aggregate LimitEqual to General Aggregate Limit Cap For All Damages from All Ongoing Construction Projects$5,000,000 A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under –BODILY INJURY AND PROPERTY DAMAGE LIABILITY,and SECTION I –COVERAGES,COVERAGE A for all medical expenses caused by accidents underSECTION I –COVERAGES, COVERAGE C–MEDICAL premises PAYMENTS,which can be attributed only to ongoingoperations at construction projects away from owned by or rented to the insured: 1.The most we will pay will be capped at the Cap For All Damages from All Ongoing Construction Projects limit shown in the Scheduleabove, regardless of the number of: a."Occurrences"; b.Insureds; c.Claims made or "suits" brought; d.Persons or organizations making claims or bringing "suits"; or e.Separate construction projects. 2.Subject to Paragraph A.1.above: A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 3.The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION I -COVERAGE A,except damages because of "bodily injury" or "property damage" included inthe "products-completed operations hazard", and for medical expenses under he number of: SECTION I -COVERAGE Cregardless of t a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 4.Any payments made under SECTION I -COVERAGE A for damages or under SECTION I -COVERAGE Cformedical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in theDeclarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premisesowned by or rented to the insured. 5.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit HIIG CG 20 0710 18Includes copyrightedmaterial of Insurance Services Office, Inc., Page 1of 2 with its permissio n. shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I -COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGEC,which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: expenses 1.Any payments made under COVERAGE Afor damages or under COVERAGE Cfor medical shallCompleted reduce the amount available under the General Aggregate Limit or the Products- Operations Aggregate Limit, whichever is applicable; and 2.Subject to Paragraph A.1.above, such payments shall not reduce any Single Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any paymentsed for damages because of "bodily injury" or "property damage" included in the "products-complet operationshazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D.If a single construction project away from premises owned by or rented to the insured has been abandoned, delayed,plans, or abandoned and then restarted, or if the authorized contracting parties deviate from blueprints,designs, specifications or timetables, the project will still be deemed to be the same construction project. E.If endorsement CG 25 03, Designated Construction Project(s) General Aggregate Limit \[or a similar constructionproject(s) aggregate endorsement\]is alsoa part of thispolicy or coverage part, the most we will payfor all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" underSECTION I -COVERAGE Aand all medical expenses caused by accidents under SECTION I - COVERAGE C, which can be attributed only to ongoing operations at: 1.Any construction project(s) designated in such CG 25 03endorsement \[or in a similar such construction project(s) aggregate endorsement\]; 2.Any construction project(s) to which the provisions of this endorsement apply; and/or 3.Any construction project(s) to which the provisions of this endorsement and the provisions of such CG25 03endorsement \[or a similar such construction project(s) aggregate endorsement\]both apply; will be subject to Paragraph A.1.above. F.The provisions of SECTION III -LIMITS OF INSURANCEnot otherwise modified by this endorsement shall continue to apply as stipulated. II HIIG CG 20 0710 18Includes copyrightedmaterial of Insurance Services Office, Inc., Page 2of 2 with its permission. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CONHSGL000013100 CG 20 28 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization in which the Named Insured has agreed in a written contract or agreement executed prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended toB.With respect to the insurance afforded to these include as an additional insured the person(s) oradditional insureds, this insurance does not apply organization(s) shown in the Schedule, but onlytoany "occurrence" which takes place after the with respect to liability for "bodily injury", "propertyequipment lease expires. damage" or "personal and advertising injury" C.With respect to the insurance afforded to these caused, in whole or in part, by your maintenance, additional insureds,the following is added to operation or use of equipment leased to you by Section III – Limits Of Insurance: such person(s) or organization(s). If coverage provided to the additional insured is However: required by a contract or agreement, the most we 1.The insurance afforded to such additionalwill pay on behalf of the additional insured is the insured only applies to the extent permitted byamount of insurance: law; and 1.Required by the contract or agreement; or 2.If coverage provided to the additional insured is 2.Available under the applicable limits of required by a contract or agreement, the insurance; insurance afforded to such additional insured whichever is less. will not be broader than that which you are required by the contract or agreement to This endorsement shall not increase the provide for such additional insured. applicable limits of insurance. CG 20 28 12 19 © Insurance Services Office, Inc., 2018Page 1 of 1 POLICY NUMBER: COMMERCIAL AUTO CONIICCA000012600 CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Triple M Roofing Corp Named Insured: Endorsement Effective Date: 5/01/2022 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization in which the Named Insured has agreed in a written contract or written agreement executed prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II– Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13© Insurance Services Office, Inc.,2011Page 1of 1 COMMERCIAL AUTO Policy Number:CONIICCA000012600 CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other InsuranceB.The following is added to the Other Insurance Condition in the Business Auto Coverage FormCondition in the Auto Dealers Coverage Form and and the Other Insurance – Primary And Excesssupersedes any provision to the contrary: Insurance Provisions in the Motor Carrier Form'sCovered Autos Li This Coverage ability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liabilityother insurance available to an "insured" under Coverage is primary to and will not seekyour policy provided that: contribution from any other insurance available to 1.Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1.Such "insured" is a Named Insured under such 2.You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2.You have agreed in writing in a contract orprimary and would not seek contribution from agreement that this insurance would beany other insurance available to such primary and would not seek contribution from"insured". any other insurance available to such "insured". CA 04 49 11 16© Insurance Services Office, Inc.,2016Page 1of 1 POLICY NUMBER: COMMERCIAL AUTO CONIICCA000012600 CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Triple M Roofing Corp Named Insured: Endorsement Effective Date: 5/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization in which the Named Insured has agreed in a written contract or written agreement executed prior to a loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. TheTransfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13© Insurance Services Office, Inc.,2011Page 1of 1