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11/20/2012 Contract AMY HEA VILIN, CPA CLERK OF THE CIRCUIT COURT DATE: January 29, 2013 TO: Peter Horton, Director of Airports ATTN: Judy Layne, Senior Coordinator Airport Grants and Finance FROM: Pamela G. Hanco�C. At the November 20, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of Item F7 award of bid to D.L. Porter Constructors, Inc. for Baggage Claim Hall Renovation (arrivals area) at the Key West International Airport and for the Mayor to sign the construction contract upon legal review. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. • cc: County Attorney w/o document Finance File ✓ CONTRACT DIVISION II CONTRACT SECTION A - PUBLIC CONSTRUCTION BOND ............................................. ...........................II -3 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (NIA) .................... ..........................II -13 SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS ..................... ..........................II -14 SECTIOND - CONTRACT ............................................................ ..........................II -15 II -2 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(I)(a) Issued in Duplicate Bond No.: 016050979 CONTRACTOR: Name: D.L. Porter Constructors, Inc. Address: 6574 Palmer Park Circle Sarasota, FL 34238 Phone No. 941 - 929 -9400 SURETY: Name: Liberty Mutual Insurance Company Address: 175 Berkeley Street Boston, MA 02116 Phone No. 678 - 417 -3986 CIS Name: Monroe County Board of County Commissioners Address: 1100 Simonton Street Key West, FL 33040 Phone No. 305- 292 -4439 OBLIGEE: (If contracting entity is different from the owner, the contracting public entity) Name: Address: Phone No. Bond Amount: $803,951.00 Project No. 630159- GAKA145 Description of Work: Baggage Claim Hall Renovations Project Location: Key West, FL Legal Description: Key West International Airport, Key West, FL FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be re- printed thereon. Issued in Duplicate Bond No. 016050979 SECTION A By this Bond, We D.L. Porter Constructors, Inc. , as Principal, whose principal business address is 6574 Palmer Park Circle, Sarasota, FL 34238 as corporation, as Surety, are bound to Monroe County * hereinafter called County, in the sum of U.S. Dollars $ 803,951.00 (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and. severally. * Board of County Commissioners of Monroe County, FL THE CONDITION OF THIS BOND is that if Principal: January 17, 2013 1. Performs the contract dated, MA between Principal and County for construction of BAGGAGE CLAIM HALL RENOVATIONS * the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract. * Project No. 630159- GAKA145 2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 3. Pays the County all losses, damages, expenses, costs and attorneys fees, including appellate proceedings, that County sustains because of a failure by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or under the Contract Documents and compliance or non - compliance with any formalities connected with the Contract o r the changes does not affect Surety's obligation under this Bond. Bond of contractor constructing public buildings; form; action by material men (Florida Statues - Section 265.05) (1)(a) Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing II -3 the work or before recommencing the work after a default or abandonment, to execute, deliver to the public owner, and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may not require a contractor to secure a surety bond under this section from a specific agent or bonding company. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in S. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract. Any claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action shall not involve the public authority in any expense. At the discretion of the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, any person entering into such a contract which is for $200,000 or less may be exempted from executing the payment and performance bond. In the event such exemption is granted, the officer or officials shall not be personally liable to persons suffering loss because of granting such exemption. Any provision in a payment bond furnished for public work contracts as provided by this subsection which restricts the classes of persons as defined in s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is unenforceable. (b) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide: 1. Procedures for retaining up to 10 percent of each request for payment submitted by a contractor and procedures for determining disbursements from the amount retained on a pro rata basis to laborers, material men, and subcontractors, as defined in s. 713.01. 2. Procedures for requiring certification from laborers, material men, and subcontractors, as defined in s. 713.01. prior to final payment to the contractor that such laborers, material men, and subcontractors have no claims against the contractor resulting from the completion of the work provided for in the contract. The state shall not be held liable to any taborer, material man, or subcontractor for any amounts greater than the pro rata share as determined under this section. (c)1. The amount of the bond shall equal the contract price, except that for a contract in excess of $250 million, if the state, county, municipality, political subdivision, or other public entity finds that a bond in the amount of the contract price is not reasonably 11 -4 available, the public owner shall set the amount of the bond at the largest amount reasonably available, but not less than $250 million. 2. For construction - management or design -build contracts, if the public owner does not include in the bond amount the cost of design or other non - construction services, the bond may not be conditioned on performance of such services or payment to persons furnishing such services. Notwithstanding paragraph (a), such a bond may exclude persons furnishing such services from the classes of persons protected by the bond. (2)(a)1 . If a claimant is no longer furnishing labor, services, or, materials on a project, a contractor or the contractor's agent or attorney may elect to shorten the prescribed time in this paragraph within which an action to enforce any claim against a payment bond provided pursuant to this section may be commenced by recording in the clerk's office a notice in substantially the following form: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND To: (Name and address of claimant) You are notified that the undersigned contests your notice of nonpayment, dated and served on the undersigned on and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice. DATED on Signed: (Contractor or Attorney) The claim of any claimant upon whom such notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the claimant at the address shown in the notice of nonpayment or most I -5 recent amendment thereto and shall certify to such service on the face of such notice and record the notice. Service is complete upon mailing. 2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the contractor with a written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, services, or materials shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the. materials or supplies_and_of the_ nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given. Notices required or permitted under this section may be served in accordance with s. 713.18. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a contractor or a surety shall be measured from the last day of furnishing labor, services; or materials by the claimant and shall not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. (b) When a person is required to execute a waiver of his or her right to make a claim against the payment bond in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) The undersigned, in consideration of the sum of $ , hereby waives its right to claim against the payment bond for labor, services, or materials furnished through insert l[ -6 date to (insert the name of your customer) on the job of (insert the name of the owner) for improvements to the following described project: (description of project) This waiver does not cover any retention or any labor, services, or materials furnished after the date specified. DATED ON Claimant (c) When a person is required to execute a waiver of his or her right to make a claim against the payment bond, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $ hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner) for improvements to the following described project: 0 (description of project) DATED ON , Claimant IN (d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c). (e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment of the check. 11 -7 (f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. (3) The bond required in subsection (1) may be in substantially the following form: PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(l), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 2 Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON , (Name of Principal) By (As Attorney in Fact) (Name of Surety) By (As Attorney in Fact) (4) The payment bond provisions of all bonds required by subsection (1) shall be construed and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not under any circumstances be converted into common law bonds. n -8 (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977. (6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this section by a surety shall make reference to this section by number and shall contain reference to the notice and time limitation provisions in subsection (2). (7) In lieu o t he bo required by th section, a contractor may file w ith the state,_ -__- - county, city, or other political authority an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part 11 of chapter 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by this section. The determination of the value of an alternative form of security shall be made by the appropriate state, county, city, or other political subdivision. (8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the state, county, municipality, political subdivision, or other public authority makes any payment to the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any; the materials furnished; the materials to be furnished, if known; the amount paid on account to date; the amount due; and the amount to become due, if known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond if the demand is not served at the address of the claimant or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false .or fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the information regarding the account has changed since the claimant's last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of account is received by the claimant. (9) On any public works project for which the public authority requires a performance and payment bond, suits at law and in equity may be brought and maintained by and II -9 against the public authority on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the public authority pursuant to the written agreement. In any such suit, the public authority and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. The provisions of this subsection shall apply only to contracts entered into on or after July 1, 1999. (1.0)_An_action,.except -an action - for - - recovery - of- retainage must be instituted- against- the -- - contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the contractor or the surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies; however, such an action may not be instituted until one of the following conditions is satisfied: (a) The public entity has paid out the claimant's retainage to the contractor, and the time provided under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired; (b) The claimant has completed all work required under its contract and 70 days have passed since the contractor sent its final payment request to the public entity; or (c) At least 160 days have passed since reaching substantial completion of the construction services purchased, as defined in the contract, or if not defined in the contract, since reaching beneficial occupancy or use of the project. (d) The claimant has asked the contractor, in writing, for any of the following information and the contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of the request: 1. Whether the project has reached substantial completion, as that term is defined in the contract, or if not defined in the contract, if beneficial occupancy or use of the project has occurred. 2. Whether the contractor has received payment of the claimant's retainage, and if so, the date the retainage was received by the contractor. 3. Whether the contractor has sent its final payment request to the public entity, and if so, the date on which the final payment request was sent. If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) is satisfied and an action for recovery of retainage cannot be instituted within the 1 -year limitation period set forth in this subsection, this limitation period shall be extended until 120 days after one of these conditions is satisfied. tl -10 THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES,INCLU DING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. Principal agrees to record this Bond in the Official Records for Monroe County before the commencement of the work subject of this Bond. Dated on: January 17, 21U& 2013 PRINCIPAL: D.L. Porter Constructors, Inc. 6574 Palmer Park Circle, Sarasota, FL 34238 D. L, P er nst ctors. Inc. A. — Lohr, Pres. SURETY: Address: Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 Inquiries 813 - 281 -2095 Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05, Florida Statutes. In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the County a hundred (100) percent Performance Bond and a hundred (100) percent Labor and Material Payment Bond each in an amount not less than the total construction cost. To be acceptable to the County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: 1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. 2. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. II -11 5. If the Contract Award Amount exceeds Five Hundred Thousand - ($500,000), the Surety Company shall also comply with the following provisions: A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. PO LICYHO L DER'S REQUIRED CONTRACT AMOUNT RATING $ 500,000 TO 1,000,000 A- $1,000,000 $2,000,000 $5,000,000 $10,000,000 $25,000,000 $50,000,000 $50,000,000 TO 2,000,000 TO 5,000,000 TO 10,000,000 TO 25,000,000 TO 50,000,000 TO 100,000,000 TO 100,000,000 A- A- A- - A- A- A- A- FINANCIAL RATING CLASS CLASS II CLASS III CLASS IV CLASS V CLASS VI CLASS VII CLASS VII B. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding , ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co- surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. II -12 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 5604773 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _Anett Cardinale• Carol H- Harm _c• David H Carr: Linda Horn: Margaret A. Ginem all of the city of Tampa state of FL each individually if there be more than one named, its true and lawful attomey - in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this PowerofAttomey has been subscribed byan authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of October 2012 . c*�`� °ra, r^�' _.... �, ��Iaca�caa�e i ' �t 19f1'i }� I — • --� bi;Af, f / 1 uG' SEAT' _ Q� STATE OF WASHINGTON COUNTY OF KING American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company By: Gregory W. Davenport, Assistant Secretary On this 10th day of October 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. "' ' K Riley, NotM Public This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and A"'ti orizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE N– OFFICERS – Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII – Execution of Contracts – SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -tact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomey -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this U ay of 20 �c (� . ZC.AN —fife fi4 �ptigY INSlj 3RD cows a £� g � gURAN Z, _ - -_J�Y �� �! � °� r`x°r \ �c � o ` "`: c�,c r�rn � � �t °e kl�t� �� �`��•ar�;ye � David M. Carey, Assistant Secreta POA -AFCC, LMIC, OCIC, PIC & WAIC LMS 12873_041012 155 of 500 R�=wPMMt*1m` = =3 CERTIFICATE OF OWNER'S ATTORNEY 11 -13 S E C T I O N C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Baggage Claim Hall Renovations Key West International Airport Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. D.L. YORTER �ZSTRUCTORS , INC. ntractor IMUZZA�CNAA 11 -14 AGREEMENT BETWEEN MONROE COUNTY AND D.L. PORTER, CONSTRUTORS, INC. FOR BAGGAAGE CLAIM HALL RENOVATIONS Project No. 630159- GAKA145 THIS AGREEMENT made and entered into this 17 day of January, 2013 by and between D. L. Porter Constructors, Inc., (hereafter "Contractor") and the Monroe County Board of County Commissioners, Key West, Florida, (hereafter "Owner" or "County"). WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: BAGGAGE CLAIM HALL RENOVATIONS At Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within ONE HUNDRED AND SIXTY (160) calendar days from the Notice -To- Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided for in the specifications or proposal in lawful money of the United States as follows: Approximately Eight Hundred Three Thousand, Nine Hundred -Fifty One Dollars ($803, 951.00) in accordance with lump sum and unit prices set forth in the proposal. 4. County shall make partial payment, in accordance with the Florida Prompt Payment Act, to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this agreement. Contractor shall submit to County II -15 invoices with supporting documentation acceptable to the clerk, on a monthly schedule in arrears. Acceptability to the clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the clerk's disbursal of funds. 5. Upon submission by the contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. 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. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 9. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by II -16 Contractor. 10. HOLD HARMLESS AND INSURANCE 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 (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration, or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that maybe asserted against, initiated with respect to, or sustained by, any indemnified party by reason of or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, t h e Contractor s h al 1 indemnify the County from any and all increased expenses resulting from such delay. The first Ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE: Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents and volunteers. Failure of Contractor to comply with the requirements of II -17 this section shall be cause for immediate termination of this agreement. 11. NON - WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, return receipt requested, to the following: For County: Director of Airports 3491 South Roosevelt Blvd. Key West, fl. 33040 For Contractor: D.L. Porter Constructors, Inc. C. Marshall White 6574 Palmer Park Circle Sarasota, Fl. 34238 14. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. MEDIATION: The County and Contractor agree that in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. 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; II -18 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. 17. ATTORNEY'S FEES AND COSTS: County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out -of- pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. 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. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 21. 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. 22. 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. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: 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 II -19 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. 24. 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. 25. 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. 26. EXECTUION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and County and Contractor hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: Amy Heavilin Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 4 B Mayor Ge rge Neugent o D. L. ST CTORS, - -INC. .t- o P R By: Print Name /Title Paulette Jewell, Sec. r_= OP ID: DI ACC:PREY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/25/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA 727 -447 -6481 NAME: Bouchard- Clearwater PHONE FAX 727 -449 -1267 101 Starcrest Drive (A/C. No. Ext): (A/C, No): P 0 Box 6090 E- MAIL Clearwater, FL 33758-6090 PRODUCE: CIcerts @bouchardinsurance.com J Raymond Bouchard, CIC CUSTOMER ID #: DLPOR -1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED D L Porter Constructors, Inc. INSURER A : Amerisure Mutual Insurance Co 23396 6574 Palmer Park Circle INSURER B : Amerisure Insurance Company 19488 Sarasota, FL 34238 -2777 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY X GL2059363 01/09/13 01/01/14 DAMAGE TO RENTED 300 000 PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X F T LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO CA2059361 01/09/13 01/01/14 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 B 'CU2059365 01/09/13 01/01/14 — DEDUCTIBLE _ $ X RETENTION $ $ WORKERS COMPENSATION X ATU- °E- '- AND EMPLOYERS' LIABILITY Y / N TOU LIMITS ER A ANY PROPRIETOR /PARTNER /EXECUTIVE 'WC2080745 01/01/13 01/01/14 E.L. EACH ACCIDENT $ 500,000 OFFICER /MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 •- 0, GEMENT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) D ���Ik_ PROJECT: KEY WEST INTERNATIONAL AIRPORT BAGGAGE CLAIM HALL RENOVATIONS, 3491 WAIV 1 S ROOSEVELT BLVD, KEY WEST, FL. CERTIFICATE HOLDER IS ADDITIONAL INSURED AS — RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, ONLY IF REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO THE TERMS CONDITIONS AND LIMITS AS SPECIFIED IN THE POLICY. 30 -DAY NOTICE OF CANCELLATION PROVIDED FOR ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION MONRCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOARD OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 500 WHITEHEAD ST KEY WEST, FL 33040 AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD