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08/16/2017 AgreementKey West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 S E C T I O N C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Rehabilitate Runway 9 -27 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 :: H CONTRACT II -17 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 S E C T I O N D C O N T R A C T Rehabilitate Runway 9 -27 Key West International Airport THIS AGREEMENT made and entered into the 6 th day of July, 2017 by and between General Asphalt Company, 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: That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Rehabilitate Runway 9 -27 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 the Base Bid and Bid Alternate #1 within one hundred and forty (140) calendar days from the Notice -to- Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately Nine Million Nine Hundred Sixty Two Thousand Eighty Nine and 50/100 Dollars ($ 9.962,089.50 ) 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 CONTRACT II -19 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 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. 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. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONTRACT II -20 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. CONTRACT II -21 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470. 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 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 CONTRACT II -22 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 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. 10. 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. 11. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any 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. 12. 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, returned receipt requested, to the following: FOR COUNTY: Don DeGraw, Director of Airport 3491 South Roosevelt Blvd. Key West, FL 33041 FOR CONTRACTOR: Robert Lopez, President General Asphalt Co., Inc. 4850 NW 72 Avenue Miami, FL 33166 CONTRACT II -23 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 13. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 14. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. 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. 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach CONTRACT II -24 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. NON - RELIANCE BY NON - PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated 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. 24. 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 CONTRACT II -25 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 25. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 26. 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. 27. Owner agrees that it shall issue the Notice to Proceed Construction indicating construction to commence between November 27, 2017, and December 1, 2017, so as to provide the Contractor a minimum of thirty -eight calendar days to perform the work outside the runway (ex., shoulders, sod, etc.). If Owner fails to provide Notice to Proceed Construction within this window, then the Owner waives Liquidated Damages related to the Grooved Runway and Final Completion, Special Provision No. 3 (Addendum No. 1), and such provisions will be deemed automatically stricken from the Contract. If the Owner is unable to issue a Notice to Proceed Construction by December 1, 2017 at the Owner's sole discretion the Owner may terminate the contract or modify the scope of work and issue a change order in accordance therewith. CONTRACT II -26 Key West International Airport 06/17 Monroe County Rehabilitate Runway 9 -27 Project No. GAKA162 IN WITNESS WHEREOF the parties hereto have executed this agreement on the da nd-n date first above written in two (2) counterparts, each of which shall, without pr00%r accou ngr for the other counterpart, be deemed an original contract. -1 a rn 0 General A alt Co , I C") N ) on N O Cx :;0 oner _ Monroe County Board of Comr a� l � r o By. �4,(4. Title: 1 o 6 Lo & Z Presiden WITNESS: STATE OF Title: WIT FLORIDA COUNTYOF Mlr //- CLERK I, the undersigned authority, a Notary Public in and for said County and State hereby certify that ILO % f _(7P-6- whose name as i?iee. 442 / of �FtiFryr .�S r�iJ 0!� 14 i s signed to the foregoing instrument and who is known to me, e acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seal this %t day of vL , 20 12. YENI G AVILA Notary Public - State of Florida Notary Public � , : ; Commission # GG 025206 My Comm. Expires Aug 28, 2020 * Bonded through National Notary Assn. Who is authorize by the corporation to execute this contract. CONTRACT II -27 GENEASP -01 TGARRIDO CERTIFICATE OF LIABILITY INSURANCE DA 07 /21 07121/2 017 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Collinsworth, Alter, Fowler & French, LLC 8000 Governors Square Blvd Suite 301 CONTACT Teresa Garrido NAME: _ HON 305 822 - 7800 FAX ( , Ext )• ( ) (A/C, No):(305) 362 -2443 E J MAIL : tgarrido@caffllc.com Miami Lakes, FL 33016 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Co. of America 25666 _ INSURED INSURER B: Phoenix Insurance Co 25623 INSURER C: Travelers Property & Casualty Co. of America 25674 General Asphalt Company Inc. INSURER D:Brid efield Employers Ins Co 10701 P O Box 522306 Miami, FL 33166 INSURER E : Great American Insurance 16691 INSURER F: PERSONAL 8 ADV INJURY COVERAGES CERTIFICATE Nl1MBFR- RFVICInN NIIMRF:R- 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 I TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X C08063M466TIA17 01/01/2017 01/01/2018 EACH OCCURRENCE $ 1'000'000 DAMAGE TO RENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1'000'000 AGGREGATE LIMIT APPLIES PER: POLICY [ J E ef [7 LOC GENERAL AGGREGATE $ 2'000,000 GEN'L PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Per person) $ ANY AUTO DT8108063M466PHX17 01/01/2017 01/01/2018 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ X HIRED �( NON WNED AUTOS ONLY AUTO ONLY C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1'000'000 AGGREGATE $ 1 EXCESS LIAB CLAIMS -MADE CUP9G4173011726 01/01/2017 01/01/2018 DED 7XTRETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? LI (Mandatory in NH) 0 yes, describe under DESCRIPTION OF OPERATIONS below N/A 83052092 01101/2017 01/01/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 500,000 $ E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ E Excess Liability TUE025052405 01/01/2017 01/01/2018 Ech Occ /Aggregate 9,000,000 B Leased /Rented QT660872OM378PHX17 01/01/2017 01/01/2018 w /$5000.DED 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is rey r d Project: Project No. GAKA162, Rehabilitate Runway 9 -27; Key West International Airport, Monroe County, Flon MO O UN AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ARE NAMED AS ADDITIONAL INSURED PPRO ` U B A T BY D IV R N/A ES _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ROE COUNTY BOARD OF COUNTY COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL I BE DELIVERED IN MON MOO Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD w Bond No. SU1139599 PUBLIC CONSTRUCTION PERFORMANCE AND GUARANTEE BOND KNOWALL PERSONS BYTHESE PRESENTS THAT General Asphalt Co., Inc. (Corporation) - 4850 NW 72 Avenue, Miami, Florida 33166 (Legal Title and Address of Contractor, Design -Build Firm, CM) as Principal (hereinafter referred to as "Principal "), and Arch Insurance Company (Corporation) - Harborside 3, 210 Hudson Street, Suite 300, Jersey City, NJ 07311 (Legal Title and Address of Surety) as Surety (hereinafter referred to as "Surety "), are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS, Itil_QNR_Q .CO INTY, F�O�t�DA, wo h h� �i a Mr referred to as "Obligee"), Intheamountof Nine Mi ion me Hlun re me ixtywo ousan ig ty Nine and 50 100---------------------------------- - - - - -- (InsertContractPrice) Dollars ($ 9,962,089.50 ), towhich payment Principal and Surety (hereinafterreferred to collectively as "Obligors") bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly bythese presents. WHEREAS, Principal and Obligee have entered Into awritten contract dated referred to as the "Contract "), to perform certain work for July 6, 2017 (hereinafter Rehabilitate Runway 9 -27 - Project no. GAKA162 (Insert Name of Job /Project) (here in after referred to as the "Project "), as evidenced by the Agreement (Contract) between the parties Incorporated therein, all of which Is hereby referred to and made a part hereof. NOW, THEREFORE THE CONDITION OFTHIS BOND Is such that If Principal shall: Promptly and faithfully perform at the times and In the manner prescribed each and all of the terms, conditions, and provisions of the Contract, h strict accordance with its terms, as those terms may be modified or amended from time to time, and timely complete the Project In accordance with the terms thereof; and b) indemnify, save and hold harmless Obligee and all of Its officers, agbnts and employees from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description, whether in contract or In tort, whether Imposed by law or equity, which may be caused Obligee by reason of the failure or default on the part of Principal to perform any or all of the terms of the Contract, Including all modifications and amendments thereto, and any warranties or guarantees required thereunder; and Promptly and faithfully perform each and all of the obligations of the guarantees of all work and materials as set forth herein at paragraphs 11 & 12, in strict accordance with Its terms, as those terms may be modified or amended from time to time, then this obligation shall be void; otherwise, Itshall be and remain infull force and effect. 2. If all duties owing to Obligee under the Contract and the guarantees provided herein are not performed, which shall Include, but not limited to, Principal's breach of default of the Contract, then, upon delivery of written notice from Obligee to Surety, Surety shall either remedy the default or breach of Principal or shall take charge of the Project and complete the Contract or any remedial work required under the Contract or the guarantee provided herein at t t s own expense provided, however, that the procedure by which Surety undertakes to discharge i is obligations under this bond shall be subject to the advance written approval of Owner. Page 1 of 3 FM- 5244Rev.(05.08) 3. Surety shall give an unequivocal notice in writing to Obligee (the "Notice of Election ") within twenty (20) days after receipt of written notice from Obligee to Surety of Surety's election either to remedy the default or defaults promptly or to perform the contract promptly as provided herein, time being of the essence of this bond. In the Notice of Election, Surety shall state the date on which the remedy or performance will commence. Surety shall also give prompt notice h writing to Obligee immediately upon the completion of the remedy and /or correction of each breach ordefault and completion of the Contract. 4. Surety shall not assert solvency of its Principal or its Principal's denial of default as justification for its failure to give the Notice of Election or for Its failure to promptly remedy the breach or to complete the Contract. Surety shall not assert Obligee's failure to notify Surety of Principal's breach or respond to the Notice of Election In a timely manner as a basis for denying Its liability to Obligee under this bond or for denying Its liability for any portion of the damages claimed hereunder, Including any delay damages. 5. Surety, for value received, hereby estimates and agrees that no changes, substitutions, extensions of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder, or the specifications or drawings accompanying same, or any over - payments or premature payment made by Obligee to Principal, or any forbearance whatsoever on the part of either Obligee or Principal, or either of any of them to the other, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, substitutions, extensions of time, alterations or additions to the terms of the Contract or to work to be performed thereunder, or to the specifications or drawings and agrees that these changes, substitutions, and additions shall become provisions of the Contract or change does not affect the Surety's obligation under this bond. 6. If Surety falls to act promptly, then Obligee may give notice of such failure, both to Principal and Surety, and after the expiration of ten (10) days, Obligee may cause the work to be done. When the cost of performance by Obllgee Is estimated, Obligors shall pay any and all estimated costs of work to Owner withi n thirty (30) days of receipt of the estimate. Any actual costs inexcess of the estimated price shall be paid to Owner on demand. Additionally, Obligors shall be liable for any applicable liquidated and /or delay damages that accrue up through and including the time of completion of the Project and Contract performance by Surety. 7. Surety further agrees, as part of this obligation, to pay all damages of any kind to person or property that may result from a failure in any respect to perform and complete the Contract in a timely manner, including but not limited to, all repair and replacement costs necessary to rectify construction errors, all delay damages, architectural and engineering costs and fees, all consultant fees, all testing and laboratory fees and all interest. Additionally, pursuant to § 627.428, Fla. Stat., the Obligee shall be entitled to recover from Surety all attorney's and other legal fees and litigation costs, including the costof any appeal, Incurred by Obligee. 8. The penal amount of this bond shall be Increased to the extent that change orders are Issued after execution of the Contract hcreasing the Contract sum. 9. Surety agrees that, other than as provided In this bond, it may not demand of Obligee that Oblige shall: a) perform any thing or act, b) give any notice, c) furnish any clerical assistance, d) render any service, e) furnish any papers or documents, or f) take any other action of any nature or description which Is not required of Obligee to be done under the Contract and related documents. 10. This performance bond is a common law bond and the notice and time limits of § 95.11(2)(b), Fla. Stat., apply to actions for performance ofthis contract. 11. Guarantee of materials and worker ship: Principal guarantees all materials and worker ship installed and performed underthe Contract forthe maximum time allowed by lawafterfinal acceptance ofthe Project by Obligee. Page 2 of 3 F6244 Rev. (05-08) 12. Guarantee of successful operation: Principal guarantees the successful ope electrical equipment and all other devices and equipment having working parts installed in the pursuant to the Contract for the maximum time allowed by law after final acceptance of the Pro, Construction Manager /Design Builder /Contractor shall execute and provide one (1) of the r Attest ecretary or Witness v fZT�S S /rr>r�SO/1� Witness / 5T 577 State of Florida and ture, rate seal, attesting eaMp 4r i r*re, two (2) �r VaitNctaQy A ,Inc. of Firm esident, Owner /Partner (Sign as on contract) County Miami -Dade On this tl fft' day of UC r vST Print name(s) of signers) personally appeared before me, as the signers(s) of the attached Instrument, and he /she /they acknowledged that he /she /they signed the instrument voluntarily for the purpose expressed In it, who Is personally known to me or has produced Type of Identification D# /Expiration Date Signature of Notary ���%% (Se INTHE P3?6SEN Gicelle Pajon As to Surety State of Fbrida County of Miami -Dade On this 4th day of August personally appeared before me, N he /she /they signed the Instrumee produced P ersonally known SP RY 4, Z sy 2017 Charles J. Nielson Print name (s) ot signers (s) ncaaon iuLxxpwV Vuaie #CG mew ti o ` (Seal) ubdc 0V •��.o z * 'i; ' , !BUC, S - Tors - o attached Instrument, and he /she /they acknowledged that pose expressed In It, w br known to me or has G Tr— � l Si Notary Gicelle Pajon Printed Name of Notary NOTE: th Principal and Surety are col:(16WWi9,`1he respective corporate seals shall be affixed and attached. Poviff9VAttorneytobeattached . AP ROVED: stof g s iciency) Attorneyfor AR H INSURANCE COMPANY (Attach Power of Attorney) Page 3 of 3 FM-5244 Rev. (05 -08) Surety Phone No. 201- 743 -4000 Bond No. SU1139599 PUBLIC CONSTRUCTION PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS THAT General Asphalt Co., Inc. (Corporation) - 4850 NW 72 Avenue, Miami, Florida 33166 Legal Title and Address of ontractor, Design-Build Firm, M as Principal (hereinafter referred to as "Principal "), and Arch Insurance Company(Corporation) - Harborside 3, 210 Hudson Street, Suite 300, Jersey City, NJ 07311 (Legal Title and Address of Surety) as Surety (hereinafter referred to as "Surety "), are held and firmly bound unto Board of County Commissioners, Monroe County, FLORIDA, as Obligee (hereinafter referred to as "Obligee "), In the amount of Nine Million Nine Hun dred S ix t y Two Thousand Eighty Nine and 50/100 - - - -- (Insert Contract Price) 9,962,089.50 Dollars ($ ), to which payment Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal and Obligee have entered into a written contract dated J uly 6, 2017 (hereinafter referred to as the "Contract "), to perform certain work for: Rehabilitate Runway 9 -27 - Project no. GAKA162 (Insert NameofJob /Project) (hereinafter referred to as the "Project "), as evidenced by the Agreement (Contract) between the parties hcorporated therein, all of which is hereby referred to and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS BOND is such that if Principal shall promptly make payments to all Claimants, as hereinafter defined, for all labor, services, materials, supplies and equipment used or reasonably required for use, either directly or indirectly, in the performance of the Contract, in the prosecution of the work provided for in the Contract, or in the performance of the guarantee of all work and materials furnished under the Contract then this obligation shall be void; otherwise to remain in full force and effect. 1. Claimants -Subcontractors and Suppliers of Principal "Claimant" is used herein as defined in § 255.05(01), Fla. Stat., and extends to any person, party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of contract with Principal or any subcontractor performing work on the project. 2. Suits on Payment Bonds - Rights to Institute Every Claimant who has not been paid in full ninety (90) days after the day on which the last of the labor was done or performed or material was furnished or supplied to the Project by such person for which such claim is made, shall have the right to sue on this bond for the amount unpaid at the time of institution of such suit and to prosecute such action for the sum or sums justly due such person, including all reasonable costs of litigation, reasonable attorney's fees (pursuant to § 627.428, Fla. Stat.), and engineer, architect and other expert witness fees. 3. Suits on Payment Bonds - Where and When Brought Every suit instituted upon the bond shall be brought in a court of competent jurisdiction for the county or circuit In which the Contract was to be performed. Obligee named in the bond shall not be joined as a party in any such suit. The notice and time limits of § 255.05, Fla. Stat., are incorporated herein. 4. Alterations, Additions and Changes Surety, for value received, hereby stipulates and agrees that no changes, substitutions, extensions of time, alterations Page 1 of 2 FM -5243 Rev. (05.08) of additions to the terms of the Contract or to the work to be performed thereunder, or the specifications or drawings accompanying same, or any over - payments or premature payment made by Obligee to Principal, or any forbearance whatsoever on the part of either Obligee or Principal, or either of them to the other, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, substitutions, extensions of time, alterations or additions to the terms of the Contract or to work to be performed thereunder, or to the specifications or drawings and agrees that these changes, substitutions, and additions shall become provisions of the Contract. Surety further agrees that compliance and noncompliance with any formalities connected with the Contract or changes does not affect the Surety's obligation under this bond. 5. Increase of Penal Amount The penal amount of this bond shall be increased to the extent that change orders are Contract increasing the Contract sum. Construction Manager /Design Builder /Contractor shall execute and provide one (1) of the Attest Secretary Jr Witness C�o2T(S Al Witness 57 _ I f State of Florida o",FwCijffon of the rpora�te seal, isti secdeEa'ry'or signature, nrs'S6s; qr i• SEAL) as on contract) Countyof Miami -Dade On this 4"' day of LQti� Z Print name(s) of signer(s) personally appeared before me, as the signer(s) of the attached instrument, and he /she /they acknowledged that he /she /they signed the instrument voluntarily for the purpose expressed in it, who is personally known to me or has produced Type of bentification ID# /Expiration Date (Seal) Signature of Notary IN THE PRE E Printed Name of rch sura e Y: Niel on, A Gicelle Pajon As to Surety k F rida iden State of Florida Countyof Miami -Dade On this 4th day of August 2017 personally appeared before me, as the sigr signed the instrument voluntarily for the personally known Type of dentification ID # /Exph (Seal) NOTE: If both P ' ipal and Surety are attached. P9460f Attorney to be atta APPROV : (as tofrymandlegW• a"I Attorney for Surety Phone Nb. 201- 473 -4000 Charles J. Nielson Print name(s) of signer(s) (1VW hed instrument, and he /she /they acknowledged that he /she /they Q n it, who is perso kn 2 to me or has produced �� ��� • �_ i n of Notary Gicelle ajon #GG 058658 0 .0 a ' �9� ' ��p bl UnAo �� corporate seals shall be affixed and Printed Name of Notary (Attach Power of Attorney) Page 2 of 2 FM -5243 Rev. (05.08) AIC 0000221375 POWER UtTUIRMY1�1 �--DUNLESSITI wrep UNQ–� OF ! ����AkilliCKGRO - exc n This Flower of Attorney limits the a ofthose named heroin, and they �ve no au to bind the Company 4W M they manner and to the extent heroin stated. Not valid for mortgage, Note, Loan, Letter of Credit Bank Deposit Currency Rate, Interest Rate or Residential Value Guarantees. `OF ATTWWWra l Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal j!adminlstra�Jn Jersey City, pani d : ��60wr WlitS1110 cqml by appoint: '� derred to as t 1; , - Arftr-Lawrence�Colleyof Charlotte, w—C Brett Rosenhaus of Lake Worth, FL Charles D. Nielson, Charles J. Nielson and David R. Hoover of Miami Lakes, Fl- (EACH) F. Danny Gann, Edward T. Ward and Audria R. Ward of Atlanta, GA (EACH) John R. Neu- vin Wojtowicz of St. Petersbu F 1 �TACH) - oklamf Oriando, F rig Mosh its true and lawful Aftomey(s)in-Fact, to make, execute, se and deliver from We date of issuance of this power for anil its behalf as surety, and as its act and deed: Anyl ajjbondl�undertakings, recognize andqth�ty obligations, in the penal sr exceeding 1� ftv�il owl" ($g0,00(),Q=Wff I'M! This tho does not permit the s" obNftn to be split into two or moy� bonds in order to bring each such bond limit of authority as set forth herein. The exec uo n -oli bonds, undertakings, r ni sand other surety obligations "ursuance of these presents shall be as W_ til intents and:- UM had been and ��Upwath"id Co mpany, s fu lly an ;1 AQ q W�regularly 0100018 o pal administrative olfte� k This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 201 true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: President, Senior Vice Pre�fihdl&ft - That-lba of tha1Bd#idjhe1RWdeA "a Executive 1 �,i Business QivWW or their appointib"eftnatedM 000 and filed with Secretar ; 1I13 Secretary shall have-Ithe4ower 00 authority to appoint agents and attomel;t, and to authorize them subl to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of _process. — �6j d � FM ey is signed �rt facsimile under �alu AN lowing resolutionjaddjaiedEby uriantmout=oonsent of the Board of Directors of the ny on September 4"0 VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Sqrpl:K�iness Division, or their appointees-#esignated in writing and filed with the curi the Secretary, and the signature of the I � I xed I the CompanW solu andk f Directors twnsw�ft secretary, bf am lievin any power of aparnq�bW— — amber 11� ond any such im ift 4ursl�retionladk�= Boo0o i�' U;l seatedRandR-ce"Wed with respect 1:61" bamM = to which it is lichW s ail a to be valid andAftio-Anin we Company. AGMW0MOWM3 Page 1 of 2 AIC 0000221375 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 20` day of Jam, 2017. Attested and Certified 4a)A6 e, 4�� Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company David M. in a stein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. M �S y ,A NOT MI. SEAL o� H ELE N f pmwdPlh pw Public c C 00" 17 A, Aelen SAafrazafran, Not ary ubli My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 20. 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 4th day of August — ,20 17 . Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division ego" 3 Parkway, Suite 1500 g Philadelphia, PA 19102 r WI - MAU h Saar R€ tit WIt1'47RAYE srAi. 19n OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. AIC 0000221375 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 20 ! day of Jam, 2017. Attested and Certified Arch Insurance Company ` SML tZH1'l7KATf 19" 1911 Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS Mau COUNTY OF PHILADELPHIA SS HA David M. in a stein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMO MM &M ANNA NOTliMSEAL ti IDI STAFRA NDWY� C� 0k X3,2017 14414 � elen Szafran, N tary ubli My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 20, 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 4th day of August 1 20 17 Lv" - Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 g C Philadelphia, PA 19102 C sm czneaRnre 19" �9n Mtl�ai OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A.