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05/18/2016 Contract
AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: June 29, 2016 TO: Don DeGraw, Director of Airports ATTN.- Beth Leto, Airport Business Manager FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller At the May 18, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C3 Approval to award bid and execute a contract with West Construction, Inc. in the amount of $1,798,035.00 ($1,345,022.00 for the Base Bid and $453,013.00 for Additive Bid #1) for Phase 1 Construction of new Storage Hangars at the Florida Keys Marathon International Airport, to be funded 80% FDOT ($1,438,428.00) and 20% Airport Operating Fund 403 ($359,607.00). Enclosed is a duplicate originals executed on behalf of Monroe County, for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 -295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 -289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 S E C T I O N C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners, Key West, Florida REF: New Storaae Hangars 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: 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. WEST CONSTRUCTION, INC. Contractor By: 22L 4 Title: Martha A. Morgan, Presia7e Date: CONTRACTFORMS II -16 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 C ON T R A C T T O New Storage Hangars Florida Keys Marathon International Airport THIS AGREEMENT made and entered into the 18 day of May, 2016 by and between West Construction, Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated 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: New Storage Hangars Florida Keys Marathon International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete the base bid and additive bid #1 (Phase 1) hereunder within the calendar days shown below from the Notice -to- Proceed (Construction) as per Special Provision No. 2. If other additive bids are awarded the additional duration is also shown below. Bid Element Duration (Days Phase1 120 Phase 2 120 Phase 3 30 The County, in its sole discretion will determine whether or not to proceed with Phase 2 and Phase 3 work. Except as otherwise provided Contractor shall not be entitled to any additional costs, expenses, etc. beyond the Total Base Bid in the event the County chooses not to proceed with the additive bid work. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in CONTRACT FORMS II -17 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 the specifications or proposal in lawful money of the United States as follows: Approximately One Million Seven Hundred Ninety -Eight Thousand Thirty -Five Dollars ($ 1.798.035.00 in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, 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. 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. CONTRACT FORMS II -18 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 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. PUBLIC ACCESS. Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. (b) Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 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 CONTRACT FORMS II -19 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (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, the Contractor shall 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 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 CONTRACT FORMS II -20 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 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 , to the following: FOR COUNTY: Don DeGraw, Director of Airports Key West International Airport 3491 South Roosevelt Blvd. Key West, FL. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 FOR CONTRACTOR: Martha A. Morgan West Construction, Inc. 18 South Dixie Hwy. Suite 4 -5 Lake Worth, FL 33460 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 forthe 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. CONTRACT FORMS II -21 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 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; 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. CONTRACT FORMS II -22 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 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 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. CONTRACT FORMS II -23 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON - DISCRIMINATION: Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to 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, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONTRACT FORMS II -24 Florida Keys Marathon International Airport Monroe County New Storage Hangars Project No. GAMD75 IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. BOARD OF COUNTY COMMISSIONERS VILIN OF MONROE CO B r Clerk M or U - 29 -/ I - /co Date: West Construction, Inc. Wi r CON CTOR: Signature Matthew F. West, Secretary '�/"q �' ///, Date (--� -"'- 0 gnatur Aurora Vega 4 4A � 11 Date Pr Date Martha A. Morgan Print Name Address: 318 South Dixie Highway Suite 4 -5 Lake Worth, FL. 33460 Telephone Number 561 -588 -2027 r - 101 FORM -Y r S � _ CONTRACT FORMS II -25 C ` CV �- L LJ X: CC CA- � C L N L- Pr Date Martha A. Morgan Print Name Address: 318 South Dixie Highway Suite 4 -5 Lake Worth, FL. 33460 Telephone Number 561 -588 -2027 r - 101 FORM -Y r S � _ CONTRACT FORMS II -25 WESTCON -04 BMERRITT CERTIFICATE OF LIABILITY INSURANCE DA 1 4/26/2016 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). PRODUCER Collinsworth, Alter, Lambert, LLC 23 Eganfuskee Street Suite 102 CONTACT Lori B. Gleason NAME: PHONE (561) 776 -9001 aC No) (561) 427 -6730 (AI EXt MA ADDRESS: Igleason @calllc.com Jupiter, FL 33477 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:A Insurance Co 19488 INSURED INSURER B: North River Insurance Company 21105 West Construction, Inc. INSURER C: Travelers Property & Casualty Co. of America 25674 318 South Dixie Highway Suite 4 -5 INSURER D 01/0112016 01/01/2017 Lake Worth, FL 33460 INSURER E : X INSURER F: $ 5,000 CAVFRAGFR 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 LTR OF INSURANCE TYPE A D INSD WVD POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 CLAIMS -MADE N OCCUR X X CPP20857740301 01/0112016 01/01/2017 D AMAGE TO RENTED REMISES Ea occurrence $ 100,000 X MED EXP (Any one person) $ 5,000 XCU & Contractual APPROVED V RISK 4AGENO E X Broad Form Prop. Dam PERSONAL & ADV INJURY $ 1,000,000 BY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY N JE � F__] LOC DATE _ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO X X CAl2999291901 01/01/2016 01/01/2017 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED X AUTOS X NON -OWNED HIRED AUTOS AUTOS PRO acci PER DAMAGE Per dent $ PIP Coverage $ 10,00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10 AGGREGATE $ 20,000,000 B EXCESS LIAB CLAIMS -MADE X X 5811063597 01/01/2016 01/01/2017 DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A X WC204157410 01/01/2016 01/01/2017 X STATUTE I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 If yes, describe under DESCRIPTION OF OPERATIONS below C Rented/Leased Equip. QT6609215L272TIL16 01/01/2016 01/01/2017 Limit 200,000 C Inland Marine QT6609215L272TIL16 01/01/2016 01/01/2017 Scheduled Equipment DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Project No. GAMD75, Florida Keys Marathon International Airport, Monroe County. New Storage Hangars The Certificate Holder is named as additional insured including products and completed operations for general liability per form CG7048, automobile liability, and umbrella liability when required by written contract. General Liability and Auto Liability are primary and non contributory when required by written contract. Waiver of subrogation applies to general liability, automobile liability, umbrella liability, and workers' compensation when required by written contract. Umbrella extends over general liability, auto liability and employer's liability. Should any of the above described policies be cancelled, notice will be delivered in accordance with the policy provisions. SEE ATTACHED ACORD 101 CFRTIFICATF H17LnFR CANCELLATION ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Monroe County Board of Count Commissioners ty y Monroe County Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Str., Suite 1 -213 AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD J 1 ACORO' k..� AGENCY CUSTOMER ID: WESTCON -04 LOC #: ADDITIONAL REMARKS SCHEDULE BMERRITT Page 1 of 1 AGENCY NAMED INSURED C ollinsworth, Alter, Lambert, LLC west Construction, Inc. 318 South Dixie Highway Suite 4-5 Palm Beach FL 334 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations /Locations/Vehicles: The Certificate Holder is expanded to include: The Monroe County Board of County Commissioners, its employees and officials. Project Location: Florida Keys Marathon International Airport, 9400 Overseas Highway, Marathon, FL 33050 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD g. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether. a. Primary; b. Excess; c. Contingent; or d. On any other basis; unless the written contract, written agreement, or certificate of insurance requires this insurance be primary. in that case, this insurance will be primary without contribution from such other insurance available to the additional insured. h. If the written contract, written agreement, or certificate of insurance as outlined above requires additional Insured status by use of CG 20 10 11 85, then the terms of that endorsement, shown below, are incorporated into this endorsement to the extent such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an Insured the person or organization shown In the Schedule, but only with respect to liability arising out of ' work" for that insured by or for you. Copyright, insurance Services Office, Inc., 1984 CG 20 10 1185 I. If the written contract, written agreement, or certificate of insurance as outlined above requires additional insured status by use of an Insurance Services Office (ISO) endorsement, then the coverage provided underthis CG 70 48 endorsement does not apply. Additional insured status is limited to that provided by the ISO endorsement. Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 0913 Pages 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number CPP20857740301 Agency Number 0825355 Policy Effective Date 01/01/2016 PollcyExplration Date Date Account Number 01/01/2017 01/20/2016 10435802 Named Insured Agency Issuing Company WEST CONSTRUCTION, INC. COLLINSWORTH, ALTER, AMERISURE INSURANCE LAMBERT, LLC COMPANY 1. a. SECTION II -WHO IS AN INSURED Is amended to add as an Insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contractor written agreement relating to your business; or (2) Who is named as an additional insured underthis policy on a certificate of insurance. b. The written contract, written agreement, or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy, and (2) Be executed prior to the 'bodily injury", "property damage ", or "personal and advertising Injury" leading to a claim under this policy. C. if, however: (1) "Your work" began under letter of intent or work order, and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional Insureds; we will provide additional insured status as specified in this endorsement. 2. SECTION II -WHO IS AN INSURED Is amended to add the following: If the additional insured is: a. An individual, their spouse is also an additional Insured. b. A partnership or joint venture, members, partners, and their spouses are also additional Insureds. C. A limited liability company, members and managers are also additional Insureds. d. An organization other than a: (1) Partnership; (2) Jointventure; or (3) Limited liability company', executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liabilityas stockholders. e. A trust, trustees are also insureds, but only with respect to their duties as trustees. Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 0913 Pages 1 of 3 3. The Insurance provided under this endorsement Is limited as follows: a. That person or organization is an additional insured only with respect to liability arising out of: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy, or (2) Ongoing operations performed by you or on your behalf. If, however, the written contract, written agreement, or certificate of insurance also requires completed operations coverage, we will also provide completed operations coverage for that additional insured. b. Premises, as respects paragraph 3.e.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. C. Additional insured status provided under paragraphs 3.a.(1 xb) or 3.a.(1 XC) above does not extend beyond the end of a premises lease or rental agreement. d. Ongoing operations, as respects paragraph 3.a.(2) above, does not apply to "bodily injury" or "property damage" occurring after: (1) All work to be performed by you or on your behalf for the additional Insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (otherthan service, maintenance or repairs); or (2) That portion of "yourwork" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. e. The limits of insurance that apply to the additional Insured are the least of those specified in the: (1) Written contract; (2) Written agreement, (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. f. The insurance provided to the additional insured does not applyto "bodily injury", "property damage ", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, Inspection, or engineering services. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 48 0913 g. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible Insurance available to the additional insured whether. a. Primary; b. Excess; c. Contingent; or d. On any other basis; unless the written contract, written agreement, or certificate of insurance requires this insurance be primary. In that case, this insurance will be primary without contribution from such other insurance available to the additional insured. h. If the written contract, written agreement, or certificate of insurance as outlined above requires additional Insured status by use of CG 20 10 11 85, then the terms of that endorsement, shown below, are incorporated into this endorsement to the extent such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. ! T$3 :14 +_11114 Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown In the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 CG 20 10 1185 ii. If the written contract, written agreement, or certificate of insurance as outlined above requires additional insured status by use of an Insurance Services Office (ISO) endorsement, then the coverage provided underthis CG 70 48 endorsement does not apply. Additional insured status is limited to that provided by the ISO endorsement. Includes copyrighted material of Insurance Services Office, Inc. CG 70 48 0913 Pages 3 of 3 at ■ CONSTRUCTION RECEIVED APR 2 7 2016 MONROE COUNTY ATTORNEY Project Information Project# GAMD75 Title New Storage Hangars — Marathon International Airport Address 9400 Overseas Highway City, State, Zip Marathon, FL 33050 From Contact Martha A. Morgan Company West Construction, Inc. Address 318 S. Dixie Hwy. Sender Suite 4 -5 City, State, Zip Lake Worth, FL 33460 -4452 Phone 561- 588 -2027 Fax 561- 582 -9419 Email mamorgan westconstructioninc.net Transmittal Transmittal # 00001 Date 04/26/2016 Due Date 1111 — le Street Sender UPS Subject Contracts & Insurance To Contact Pedro Mercado, Assistant County Attorney Company Monroe County Address 1111 — le Street Suite 408 City, State, Zip Key West, FL 33040 Phone 305 - 292 -3470 Fax 305 -292 -3516 Email Mercado-Pedro (cDMonroeCounry- FL.(3ov Remarks Per request of Ryan Forney by email of 4/25/16. Transmittal Items Descri ption Item No. Item .. 1 Contract Documents signed by West Construction, Inc. 1 4 1 Signature 2 Insurance Certificate 1 4 1 0 Your Use WEST CONSTRUCTION, INC. . organ President 4126116 Page 1 of 1 JACOBS 245 Riverside Avenue Suite 300 Jacksonville, Florida 32202 1.904.636.5432 Fax 1.904.636.5433 Donald DeGraw Director of Airports Monroe County Airports Key West International Airport 3491 South Roosevelt Blvd. Key West, FL 33040 Re: The Florida Keys Marathon International Airport New Storage Hangars Project No. GAMD75 Dear Mr. DeGraw, April 18, 2016 A public bid opening was held on March 2, 2016 for the above subject project. The project consisted of a Base Bid with Additive Bids #1, #2, #3 & #4. From the submitted proposals Jacobs has compiled the unit prices and bid amounts in the attached Bid Tabulation Matrix and compared this with the Monroe County Purchasing Tabulation Sheet. In reviewing the bid tabulation, we did find a few minor errors in the received bids as highlighted on the bid tabulation. The apparent low bid submitted by West Construction, Inc. included a Base Bid of $1,345,022.00, Additive Bid #1 of $453,013.00, Additive Bid #2 of $151,211.00, Additive Bid #3 of $1,029,307.50 and Additive Bid #4 of $159,810.50. The total Base Bid and Additive Bids #l, #2, #3 and #4 is $3,138,364.00. West Construction, Inc. had one discrepancy on their Attachment `A' Schedule of Bid Items but it did not affect the Bid Totals. It is our understanding that the existing grant GAMD75 has a remaining balance of $2,100,000 which would allow for the execution of a contract for the Base Bid and Additive Bid #1, which totals $1,798,035.00 Based on our review of the bid prices and contingent upon Monroe County's legal review of the proposer's bid documents and confirmation of funding availability, Jacobs recommends award to West Construction, Inc. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, Ryan Forney, AIA, NCARB Project Manager Encl: Monroe County Purchasing Office Bid Tabulation. Jacobs Bid Tabulation Matrix cc: Kevin Regalado, AIA/Jacobs Chris Bowker /Jacobs Jacobs Engineering Group Inc. x CL W O U C Z F' M a Z H Nf LL F- W a M O ZaV) N aLUZ ` N LU0 OU �z JOC m = a p Z W m 0 C7 x O H W z E� O O H 0 A O W J H N H �A AO L7 V �W 00 d 4 4 4 4 4 4 rh rl rl rl rl rli N N N N N N N I- O � O � O 'V) Ln ' O O 'Ln O � z O-0 O-0 O-0 O-0 O-0 O-0 Lr�.0 O pp B CD N m (N N Cp Ln C) •--i m 't m O� y .-1 N N O O M N I� N N N aJ Q O Ct ;! Ln .— q ! 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H L ro — d V }° N Q -- o 4 O ' CL c O N . c u = L } u O CO 7 d ro �L L. + L. N O C3 V) O U 0 N V G N ° _ CL d ° m N = N ° Ln N 4- ro +- u ° + u s o a 4- %+.- 1 L L O } O .c u li U y s o o -a u_ ro obi m s ° Co ::E H N m O co d c d a O v co z I. 2 6 I k )§ ! |§� \() / / \ d I ������ &��� ������ &�� MA ��������� z I. 2 6 I k )§ ! |§� \() / / \ d I z I. 2 6 I CONSTRUCTION RECEIVED MAY 2 7 2016 MONROE COUNTY ATTORNEY Project lrtforrnation Project # GAMD75 Title New Storage Hangars — Marathon Intemabonal Airport Address 9400 Overseas Highway City, State, Zip Marathon, FL 33050 From - Contact Martha A. Morgan Company West Construction, Inc. Address 318 S. Dude Hwy. Sender Suite 4 - 5 City, State, Zip Lake Worth, FL 33460 -4452 Phone 561- 588 -2027 Fax 561- 582 -9419 Transmittal Transmittal # 00002 Date 05/24/2016 Due Date 1111 -12' Street Sender UPS Subject Performance & Phone Payment Bonds To Contact Pedro Mercado, Assistant County Attorney Company Monroe County Address 1111 -12' Street Suite 408 City, State, Zip Key West, FL 33040 Phone 305- 292 -3470 Fax 305 -292 -3516 Email mamorgan (a Email Mercado- Pedro(cDMonroeCounty- FL.Gov Remarks As requested. Also, one original bond has been sent to Monroe County for recording. Item No. Item Description Copies Return Transmitted For �� Performance and Payment Bonds 1 WEST CONSTRUCTION, INC. Martha A. Morgan President 52446 Page 1 of 1 ALTER SURETY GROUP, INC. Bond Department - Public Works Bond In compliance with Florida Statute Chapter 255.05, the provisions and limitations of section 255.05 Florida Statutes, including 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. Bond Number PB 12159900025 Contractor West Construction, Inc. Address & 318 South Dixie Highway, Suite 4 -5 Phone No. Lake Worth, FL 33460 (561) 588 -2027 Surety Philadelphia Indemnity Insurance Company Address & One Bala Plaza, Suite 100 Phone No. Bala Cynwyd, PA 19004 610- 617 -7900 Owner Name Monroe County Address & 1100 Simonton Street Phone No. Key West, FL 33040 954- 292 -4416 Contracting Public Entity (if different from the owner) Address & Phone No. Contract/Project Number GAMD75 Project Name Florida Keys Marathon International Airport New Storage Hangars Project Location Florida Keys Marathon International Airport, 9400 Overseas Highway, Marathon, FL 33050 Legal Description Florida Keys Marathon International Airport, 9400 Overseas Highway, Marathon, FL 33050 Description of Improvement: Construction of New Storage Hangars This bond is given to comply with section 255.05 Florida Statutes and 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) and (10), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre- printed thereon. IA Document A312 TM -201 Bond Number PB12159900025 Performance Bond CONTRACTOR: SURETY: 1100 Simonton Street (Name, legal status and address) (Name, legal status and principal place other party shall be considered West Construction Inc. of business) Date: May 18, 2016 Y 318 South Dixie Highway, Suite 4 -5 Philadelphia Indemnity Insurance C;n i P tlocurrie ac , �Yh nt has important legal Lake Worth, FL 33460 One Bala Plaza, Suite 100 consequences. Consultation with OWNER: Bala Cynwyd, PA 19004 - 1403 an attorney Is encouraged with (Name, legal status and address) reseed to its completion or modification. Monroe County Board of County Commissioners Anysingularreference to 1100 Simonton Street Contractor, Surely, Ow or Key West, FL 33040 other party shall be considered CONSTRUCTION CONTRACT plural where applicable Date: May 18, 2016 Y AIADocument A312 -2010 combines two separate bonds, a Amount: $1,798,035.00 Performance Bond and a Payment Bond, Into one form. Description: New Storage Hangars at the This is not a single combined Performance and Payment Bond. (Name and location) Florida Keys Marathon International Airport, Monroe County, Florida Project No. GAMD75 BOND Date: May 23, 2016 (Not earlier than ConsU•rrction Contract Date) Amount: $1,798,035.00 Modifications to this Bond: 1) None O See Section 16 CONTRACTOR AS PRINCIPAL SURETY ����rr,, (Corporate Seal) CQtnpany: orporate Seal) WeEMOnstruction, Inc. tt' ill a dd elphia I de mn Insurance Compa Signahr XM A� 1 �1 9 nature: Name and Title. Marta A. Morgan, Pr dent Title: Warren M. Alter, Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONL Y— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alter Surety Group, Inc. (Architect, Engineer or other parry) 5979 NW 151 st Street, #202 Miami Lakes, FL 33014 305 -517 -3803 Init AIA Document A312 —200. The American Institute of Architects. OErlla § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 21f the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except -.vhen applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, die Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default, Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance, If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference, If the Surety timely requests a conference, the Owner shall attend. Unless tile. Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; the Owner declares a Contractor Default, terminates the ConsKiction Contract and notifies the Surety; and the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure oil the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5,1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owuer and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5,4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner•, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial, § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and time Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or tite Surety has denied liability, in whole or in part, without further notice time Owner shall be entitled to enforce any remedy available to the Owner. Intl AIA Document A312- — 200. The American Institute of Architects. § 7 I the Surety elects to act under Section 5. 1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, acid resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. § 6 If the Surety elects to act under Section 5.1, 5.3 or 5.4, (lie Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of tire Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of tine, to the Construction Contract or to related subcontracts, purchase orders acid other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefroin and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price, The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform acid complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner acid Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deenied to be Contractor. Init. AIA Document AM'" — 7010. The American fnstttule of Architects. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY al) Company; (Corporate Seal) Company: (Corporate Se Signature: Name and Title: Address Signature: Name and Title: Address CAM10 N: You : ]I d vj ,ii an AIA nt cliatiti-f; will 1)(A be o)AtWAA. InIt. AIA DDCUMentA312r' —2010. The Amailmn Institute of ArchIlects. Doc TM Document A312 2010 Payment Bond Bond Number PB12159900025 CONTRACTOR: SURETY: (Name, legal status and address) ( Nanne, legal status and principal place West Construction, Inc. of business) 318 South Dixie Highway, Suite 4 -5 Philadelphia Indemnity Insurance Com an yy One Bala Plaza, Suite 100 ThIPdocQment has important legal Lake Worth, FL 33460 consequences. Consultation with OWNER: Bala Cynwyd, PA 19004 - 1403 an attorney Is encouraged with (Name, legal slants and address) respect to Its completion or Monroe County Board of County Commissioners modification. 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: May 18, 2016 Amount: $1,798,035.00 Description: (Nance and location) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This Is not a single oombinad New Storage Hangars at the Performance and Payment Bond. Florida Keys Marathon International Airport, Monroe County, Florida Project No. GAMD75 BOND Date: May 23, 2016 (Not earlier than Construction Contract Date) Amount: $1,798,035.00 Modif cation to this Bond: 11 None 6 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Compan : ( Corporate Seal) Company: Co• orate Scal) West Construction Inc. Philadelphia In mn y insurance Compa Signature . ignahrre: Name Nam e Warren M. Alter, Attorney -in -Fact and Title: Martha A. Morgan, Presidenb Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT orBROKER: OWNER'S REPRESENTATIVE: Alter Surety Group, Inc. (Architect, Engineer or other pally.) 5979 NW 151st Street, #202 Miami Lakes, FL 33014 305 -517 -3803 Init. AIA Document A312- —2010. The American Institule of Archnects. 061117 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfonnance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 if the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or shits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last fbrnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described In Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 61f a notice of non - payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 72, the Surety shall indemnify the Claimant for (lie reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and (o satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312- —2010. The American Institute of Architects. § 10 The Surely shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner stall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum; .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; J the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, (teat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and at other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 163 Construction Contract. The agreement between the Owner and Contractor identified oil the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312T — 2010. The American Institute of Architects. § 16A Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: The provisions and limitations of section 255.05 Florida Statutes, including 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. (Space is provided belop for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURELY Company: (Corporate Seat) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTb:}K Y(lu ni:!IAd s:IWI an uriyia�I P.h'. ;•nittr:na Dw:uri::•r.! r,;; ::'F;!:.h iit P, ;:I, :e:'. iri P:1 ;'; if:i n:iq i; u : s r:•::': al rhnn. ;W; : a:i not IN n.s,t.t•ro:i. Init. AIA 0ocumant A312p — 2010. The American Institute of Architects. 166 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attornev KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and David T. Satine and Warren M. Alter of Alter Surety Group, Inc its true and lawful Attomey -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $ 25.000.000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I` day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS l O DAY OF JUNE 2013. a (Seal) - Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10" day of June 2013, before me carne the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. caneoN TH OF PENNSYLVANIA rwoMN seN Kh�Oely A KessksJd, Notary PWk ` -�" e' �/ im�er Mer1m TMp AIOe2y�Mfr CouMY th CbrrtmlrsKn E•p4es tkt t!, 2016 MOOKPflMYI'- N%A SSMATtoNOlNOTAWS Notary Public: residing at: Bala Cynwyd, PA (Notary Seal) My commission expires: December 18 2016 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this l O day of June 2013 true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 23rdlay of May 2016 ' - r Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY