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09/19/2018 AgreementGJ Z COURTS ° o: Kevin Madok, CPA .... Y1 Clerk of the Circuit Court & Comptroller — Monroe Count Florida •R OE COUN DATE: October 3, 2018 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hancock, D.C. SUBJECT: September 19' BOCC Meeting Attached is an electronic copy of Item C4, Contract to the sole bidder DEC Contracting Group in the amount of $3,160,070.52 for the Key West International Airport Noise Insulation Program Project at Key West by the Sea, Building B, Floors 3 -6, for your handling. Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank you. cc: County Attorney_ Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 • CONTRACT Noise Insulation Program — Construction of KWBTS Building B Floors 3 -6 THIS AGREEMENT made and entered into the l' day of September, 2018, by and between DEC Contracting Group, Inc., Fort Meyers, Florida, Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: - _ 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Noise Insulation Program — Construction of KWBTS Building B Floors 3 -6 Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within Three - hundred and one (301) calendar days from the Notice -to- Proceed ) as per Special Provision No.,2! Pao: /TS Dot 3 ®G/+-► 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 Three million one hundred sixty thousand seventy and 52/100 Dollars _ _ _ _ ($3,160,070.52) 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. CONTRACT Page 1 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: 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 CONTRACT Page 2 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 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. CONTRACT Page 3 11. NON- WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Pedro Mercado T. J. Henderson, Acting Director of Airports Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: Douglas R. Masch II, President DEC Contracting Group, Inc. 1560 Matthew Drive, Suite B Fort Myers, Florida 33907 CONTRACT Page 4 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; 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, CONTRACT Page 5 meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON - RELIANCE BY NON - PARTIES: No person or entity . shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any CONTRACT Page 6 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: a) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; b) 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; c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age e) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; f) 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; g) 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; h) 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; i) 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 Page 7 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 co nterpart, be deemed an original contract. /0 P i f. l (Con actor) (Monroe County Board of Commissioners) By: Douglas R. Masch II By: David Rice Title: President Title: Mayor l ' WITNESS: . gm! ■ ] �� '` «`' ' 1 1 ITNESS: ST: KEVIN MADOK CLERK / /. STATE OF FLORIDA j 4-A g Deputy Clerk ®o"rNCPoPoe10CT Go•NR COUNTY OF LEE I, the undersigned authority, a Notary Public, in and for said County and State, hereby certify that Douglas R. Masch II * whose name as President of DEC Contracting Group, Inc. signed the foregoing instrument and who is known to me, 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 21 day of August, 2018. Erika Bodenstein Nota Public Name � Y . ° °'- ERIKA BODENSTEI? • Nil LA / • MY COMMISSION # GG118763 EXPIRES July 24, 2021 Notary Public Signature *Who is authorized by the corporation to execute this contract. o ►s w C.?t -- M r •RNEY i.::.c > PEb -r - = Ltj LLJ u BASSI ,.: CQU C) -t AP�tEY :. mo J o ` CONTRACT Page 8 ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West International Airport Noise Insulation Program - Construction of KWBTS Building B, Floors 3 -6 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. Contractor: DEC Contracting Grou , Inc. By: Douglas R. Masch II 04-P: Title: President Key West International Airport Noise Insulation Program Construction of KWBTS Building B Floors 3 -6 INSURANCE AGENT'S STATEMENT have reviewed the above requirements with the bidder named below. The following_ deductibles apply to the corresponding policy: • POLICY: DEDUCTIBLES: PKG016751706 - General Liability $1,000 property damage per occurrence UMB018902303 - Umbrella _ $10,000 Self Insured Retention WCV016799204 - Worker's Compensation N/A DEAU918788 - Automobile No Deductible for Liability • Liability Policies are E ' Occurrence ❑ Claims Made 7 t&-J Pa uze tiazri% Five County Insurance Insurance Agency Signature • BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signatur D ec Codv4,0 ,1r\c. GENERAL PROVISIONS III -57 DATE (MM/DD/YYYY) • A� D ® CERTIFICATE OF LIABILITY INSURANCE 5/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If .SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Five County Insurance Agency Inc PHONE Certificate Department FAX 14120 Metropolis Ave (A/c. No. EMI: 239- 939 -1400 (A/c, No): 239- 939 -3813 Fort Myers FL 33912 ADDRESS: certs@fivecountyinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Builders Insurance 11240 INSURED DECCO -1 INSURER B: National Builders Insurance 16632 DEC Contracting Group Inc 1560 Matthew Dr Unit B INSURERC: Old Dominion Insurance 40231 Fort Myers FL 33907 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1731067269 REVISION NUMBER: . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVp (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y PKG016751706 3/6/2018 3/6/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 X POLICY PRO- LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY B1P9520A 5/8/2018 5/8/2019 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR UMB018902303 3/6/2018 3/6/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 DED RETENTION $ $ A WORKERS COMPENSATION WCV016799204 3/6/2018 3/6/2019 X STATUTE OTH- ER AND EMPLOYERS' LIABILITY Y / N - ANYPROPRIETOR/PARTNER /EXECUTIVE N / A (Mandatory APP O ED ¢Y RISK E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER (Mandatory In NH) l � � ,. _ ENIEP�T E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below BY / • ; E.L. DISEASE - POLICY LIMIT $ 1,000,000 DATE WAIVER WAIVER N/A YES DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Key West International Airport Noise Insulation Program, Construction of KWBTS Building B Floors 3-6 The Monroe County Board of County Commissioners; Key West By the Sea Association Inc their employees and officials are included as additional insureds with respects to General Liability and Auto Liability. Thirty days Notice of Cancellation applies; 10 days for non - payment of premium per Florida Statute. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. . COMMISSIONERS 99198 OVERSEAS HWY 2 AUTHORIZEDREPRESENTAI1VE KEY LARGO FL 33037 ©1988 - 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD , DocU 2186501 09/13/2018 1:06PM � ;s Filed & Recorded in Official Records of MONROE COUNTY KEVIN MADOK _ l ti . Document A312TM — 2010 DocU 2186501 Performance Bond Bond# 100404911 Bkq 2926 Pgq 2288 CONTRACTOR: SURETY: _ (Name, legal status and address) (Name, legal status and principal place DEC Contracting Group, Inc. of business) 1560 Matthew Drive, Suite B U.S. Specialty Insurance Company Fort Myers, FL 33907 13403 Northwest Freeway This document has important legal consequences. Consultation with Houston, TX 77040 -6094 OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or Monroe County Board of Commissioners modification. Gato Building, 1100 Simonton Street, RM 2 -213 Any singular reference to Key West, FL 33040 Contractor, Surety, Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: September 19, 2018 AIA Document A312-2010 combines two separate bonds, a Amount: Three Million One Hundred Sixty Thousand Seventy and 52/100 Dollars Performance Bond and a ($3,160,070.52) Payment Bond, Into one form. Description: This Is not a single combined (Name and location) Performance and Payment Bond. Key West International Airport Noise Insulation Program Construction of KWBTS Building B Floors 3 -6 BOND Date: September 19, 2018 Not earlier than Construction Contract Date) Amount: Three Million One Hundred Sixty Thousand Seventy and 52/100 Dollars ($3,160,070.52) Modifications to this Bond: Xi None Cl See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) DEC Con .cting ro p, nc. U.S. Spe 'alty Insurancta,C9Tpany Signa re: Art Signature: z. k • `€4 / i'�(y'"' Name f , - _ •. "� " aa� Name Cheryl . Coleman and Title: pgesigeo and and Title: Attomey - - Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY Name, address and telephone) STATE OF FLORIDA AGENT or BROKER: OWNER'S REPRESENTATIVE: COUNTY OF MONROE (Architect, Engineer or other pat-41:4 copy Is a True Copy of: the True & Associates Original on File In this Office. Witness - ®s My hand and Official Seal 325 North Avenue East RTC . %4 And tha sags In full for and effs+t t Westfield, NJ 07090 • . • • • 7 is_ ..,, 0 • j T' " day of "`C s ,� °► . • , A.D.,*O s 3 �a, ,+ / KEVIN MAD • . - i AIA Document A312" 2010. The American Insl t 1,4 o Aecls ?.. Vt . r , ;. - r _ f �� ; J Clerk Clrc it //�C •� � Court / 7 13 Rutty . ri'ft; / i n Bkp 2289 § 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. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 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 the 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; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 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 on 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 Owner 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 the 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 the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312TM — 2010. The American Institute of Architects. Doc11 2186501 Bktt 2926 PO 2290 § 7 If 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, and 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. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the 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 the 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 time, to the Construction Contract or to related subcontracts, purchase orders and 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 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. § 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 settleinent 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 and 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 and 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 deemed to be Contractor. AIA Document A312T" — 2010. The American Institute of Architects. .. Doc 2186501 § 16 Modifications to this bond are as follows: Bkla 2926 Pgp 2291 (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: N/A Signature: N/A Name and Title: Name and Title: Address: Address: AIA Document A312T" — 2010. The American Institute of Architects. • Doc,' 2186501 • Bk,' 2926 POI 2292 ziLf -t Document A312TM - 2010 Payment Bond Bond# 100404911 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place DEC Contracting Group, Inc. of business) 1560 Matthew Drive, Suite B U.S. Specialty Insurance Company This document has important legal Fort Myers, FL 33907 13403 Northwest Freeway consequences, Consultation with Houston, TX 77040 -6094 an attorney Is encouraged with OWNER: respect to its completion or (Nance, legal status and address) modification. Monroe County Board of Commissioners Gato Building, 1100 Simonton Street, RM 2 -213 Any singular reference to Contractor, Surety, Owner or Key West, FL 33040 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: September 19, 2018 AIA Document A312 -2010 combines two separate bonds, a Amount: Three Million One Hundred Sixty Thousand Seventy and 52/100 Dollars Performance Bond and a ($3,160,070.52) Payment Bond, Into one form. Descri lion This is not a single combined p Performance end Payment Bond. (Name and location) Y Key West International Airport Noise Insulation Program Construction of KWBTS Building B Floors 3-6 BOND Date: September 19, 2018 (Not earlier than Construction Contract Date) Amount: Three Million One Hundred Sixty Thousand Seventy and 52/100 Dollars ($3,160,070.52) Modifications to this Bond: g None El See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) DEC Contr ting Gr• • In U.S. Specialty Insurance Ca pany Si store: ! f `� l l , .�� Signature: 1 - , [ . ��4 Name (� , µ ASLH¢ Name Cheryl "i Coleman and Title: esti*m r- and Title: Attorney - - Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONL }' Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party :) True & Associates 325 North Avenue East Westfield, NJ 07090 AIA Document A312'' — 2010. The American Institute of Architects. Docq 2186501 Bkp 2926 POI 2293 § 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 performance 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 suits 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 furnished 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). § 6 If 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. 1f, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the 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 to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds eamed 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. AIA Document A312TM —2010. The American Institute of Architects. Docly 2186501 Bkq 2926 PO 2294 § 10 The Surety 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 fumished 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 shall 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 ofthe 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; .7 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, heat, 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 all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312TM — 2010. The American Institute of Architects. • • Doc 2186501 BIM 2926 POI 2295 § 16.4 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 and complete or comply with the other material temts 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: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: N/ A Signature: N/A Name and Title: Name and Title: Address: Address: AIA Document A312T'" — 2010. The American Institute of Architects. • Docp 2186501 BIOS 2926 PO 2296 CORPORATE ACKNOWLEDGMENT State of Florida County of LSE On this 19th day of September , 2018,before me personally came r i ". .9 o C &AC R. AA. p.scA to me known, who being by me duly sworn, did depose and say that he /she is the PR¢Stes".FT' of DEC Contracting Group, Inc. the corporation described in and which executed the above instrument; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he /she signed his /her name thereto by like order. 2o ltg'I PU REGINAL DUNN c MY COMMISSION A GG 019425 , '1 c`' EXPIRES:August29,20 "OoFFue Bonded T UBudgetNotary Se • My commission expires Not :kb," ublic • Doe$ 2186501 Bkit 2926 Pgp 2297 SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 19th day of September , 2018 ,Before me personally came Cheryl R. Coleman to me known, who being by me duly sworn, did depose and say that he /she is an Attorney -in -Fact of U.S. Specialty Insurance Company corporations described in and which executed the within instrument; that he /she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he /she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. RACHAEL A HURLEY NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES OCT. 26, 2020 My commission expires Doc 2186501 BIOS 2926 Pgp 2298 Qit TOKIOMARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint, CHERYL R. COLEMAN its true and lawful Attomey -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number 100404911 , issued in the course of its business and to bind the Company thereby, in an amount not to exceed UNLIMITED (***UNLIMITED***). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons. as Attorney(s )-in -Fact to represent and act for and on behalf of the Company subject to the following provisions: • Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1st, 2011. The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attomey is specific to this bond and does not indicate whether the Attomey -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S. Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice President on this 18th day of December 2017. ` �� �05 ii i8ji . % , State of California 'y ° • •' � 3' U.S. SPECIALTRNSU NCE COMPANY County of Los Angeles '''• Y �s\a2 By: l ' Adam S. Pes in, Senior Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On this 1st day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. �gi,- sauo. i u ,.; d tw/ngltsCountr E 1' l l il � Cwmnb,bnI2139U9 Signature • (seal) W ,. r c onn. u .k•_wa1E I, Kio Lo, Assistant Secretary of U.S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September , 2018 . `\t ,„v.uttu u, a . ` ' �nsur � �i,, Bond No. 100404911 ... .5, - Agency No. 12124 _ - d " Kio Lo, Assi ' Secretary s c '''� � HCCSZZ POAUSSIC062018 • visit tmhcc.com /surety for more information 9 ,, U.S. SPECIALTY INSURANCE COMPANY ,-, ' STATUTORY STATEMENT OF ADMITTED ASSETS, LIABILITIES, CAPITAL AND SURPLUS (1) December 31, 2017 Admitted Assets Liabilities and Capital and Surplus Investments: Liabilities: Fixed Maturities, at amortized cost 1,526,865,227 Unpaid loss and loss adjustment expense 897,599,908 Preferred Stocks 7,798,254 Reinsurance payable on paid losses and loss adjustment expenses 2,826,879 Common stocks 44,438,676 Commission payable 7,653,663 Mortgage loans on real estate - first liens 103,264,222 Accrued expenses 5,621,803 Mortgage loans on real estate - other than first liens 3,462,184 Taxes, licenses, and fees 1,868,655 Cash and short term investments 51,024,962 Current federal income taxes 3,339,563 Receivable for securities 766,089 Uneamed premiums 274,486,443 Total cash and Invested assets: 1,737,619,614 Advance premium 13,852,268 Dividends to policyholders 240,761 Ceded reinsurance balance payable 51,698,226 Funds held under reinsurance treaties 10,111,505 Amounts withheld or retained for others 862 Provision for reinsurance 3,961,593 Payable to parent, subsidiaries and affiliates 14,531,301 Payable for securities 13,559,000 Total liabilities 1,301,352,430 Investment income due and accrued 17,430,563 Premium receivable 77,172,030 Capital and Surplus: Recoverable from reinsurers 34,681,941 Capital Stock 4,200,000 Net deferred tax asset 18,690,943 Additional paid -in and contributed capital 190,085,811 103 Receivable from parent, subsidiaries and affiliates 2,801,594 Unassigned surplus 392,758,444 - z 150,777,071 587,044,255 n e-4 In Total admitted assets 1,888,396,685 Total liabilities and capital and surplus 1,888,396,685 Ro a �c � a 11 1 Z (1) - In accordance with the statutory financial statements as flied on March 1, 2018 N r O 0103 x) 0) 1, Cave J. McKeown III, Chief Financial Officer of U.S. Specialty Insurance Company, hereby certify that to the best of my knowledge and belief, the foregoing is a full and true Statutory M Statement of Admitted Assets, Liabilities and Capital and Surplus of the Company as of December 31, 2017, prepared in conformity with accounting practices prescribed or permitted by the � '"' Texas Department of Insurance. The foregoing statement should not be taken as a complete statement of financial condition of the Company. Such a statement Is available upon written N request at the Company's home office located at 13403 Northwest Freeway, Houston, Texas 77040. N Co IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation at Houston, Texas. (0 "1/ Cave J. McKeown II 2 Chief Financial Off r