Item C20 C.20
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: C20
Agenda Item Summary #6031
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
no
AGENDA ITEM WORDING: Approval to waive a minor bid irregularity and award bid and
contract to the second lowest bidder DEC Contracting Group, in the amount of$5,928,071.69 for the
Key West International Airport Noise Insulation Program (NIP) project at Key West by the Sea,
Building C. Total project cost to be funded by the FAA Grant 37-59 (90%) and Passenger Facility
Charge(PFC) 417 (10%).
ITEM BACKGROUND: The minor bid irregularity is that DEC did not include the insurance
agent's statement with their bid, but they did include a certificate of insurance that met contract
requirements. The objective of this project is to reduce interior noise levels generated by exterior
aircraft operations for neighboring residents whose homes qualify for the FAA-approved Noise
Insulation Program. Qualification is based on the FAA-approved 14 CFR Part 150 Noise
Compatibility Program and associated Noise Exposure Map, and pursuant to AIP Handbook
Appendix R and other related federal requirements
PREVIOUS RELEVANT BOCC ACTION: On February 20, 2019, the BOCC granted approval
to advertise the bid solicitation.
September 18, 2019 Agenda concurrent requests:
1. Ratification and approval of FAA Grant 12-0037-059-2019;
2. Approval of PSO 45 with THC for construction management & administration, and preparation
of final bid documents and bid process; and
3. Approval of Avigation Easements and Property Owner Noise Insulation Agreements.
CONTRACT/AGREEMENT CHANGES:
new contract
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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DEC Bid Award Recommendation Letter
DEC Contracting KWBTS Bldg C NIP
FINANCIAL IMPACT:
Effective Date: Upon Notice to Proceed(NTP -Permits)
Expiration Date: 388 days after NTP-Permits
Total Dollar Value of Contract: $5,928,071.69
Total Cost to County: -0-
Current Year Portion: -0-
Budgeted: FY2020
Source of Funds: FAA Grant 437-59 (90%) and PFC 417 (10%)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: yes
Additional Details:
09/18/19 406-63603 - PASSNGER FACILITY CHG 40 $5,928,071.69
REVIEWED BY:
Richard Strickland Completed 08/30/2019 4:14 PM
Pedro Mercado Completed 08/30/2019 4:37 PM
Budget and Finance Completed 09/03/2019 8:54 AM
Maria Slavik Completed 09/03/2019 9:51 AM
Kathy Peters Completed 09/03/2019 11:05 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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CONTRACT
Key West International Airport Noise Insulation Program
Construction of KWBTS Building C
THIS AGREEMENT made and entered into the 18th day of September, 2019, by and between
DEC Contracting Group. Inc., (hereinafter referred to as "CONTRACTOR"), and the Monroe
County Board of Commissioners, Key West, Florida, (hereinafter referred to as "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 U
attached hereto and made a part hereof, as if fully contained herein, for the construction U
of:
Key West International Airport Noise Insulation Program Construction of KWBTS
Building C
Monroe County, Florida
2. That the CONTRACTOR shall commence the work to be performed under this agreement z
on a date to be specified in a written order of the OWNER and shall fully complete all work
hereunder within Three Hundred Eighty-Eight (388) calendar days from the Notice-to-
Proceed—Permits pursuant to Special Provision No. 3.
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 Five million nine hundred twenty-eight thousand seventy-one and 69/100 E
Dollars ($5.928.071.69) in accordance with lump sum and unit prices set forth in the
proposal.
4. On or before the 151 day of each calendar month,the OWNER 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
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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 (n
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 U
unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the U
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 cis
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 OWNER 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 OWNER and CONTRACTOR shall allow
and permit reasonable access to, and inspection of, all documents, records, papers, letters
or other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the OWNER and
CONTRACTOR in conjunction with this contract and related to contract performance. The
OWNER 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 OWNER may
enforce the terms of this provision in the form of a court proceeding and shall, as a
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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: cas
a) Keep and maintain public records that would be required by the OWNER to perform
the service.
b) Upon receipt from the OWNER's custodian of records, provide the OWNER 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.
c) Ensure that public records that are exempt or confidential and exempt from public 0
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 OWNER.
d) Upon completion of the contract, transfer, at no cost, to the OWNER all public records
in possession of the CONTRACTOR or keep and maintain public records that would
be required by the OWNER to perform the service. If the CONTRACTOR transfers all
public records to the OWNER 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 cis
electronically must be provided to the OWNER, upon request from the OWNER's
custodian of records, in a format that is compatible with the information technology
systems of the OWNER.
e) A request to inspect or copy public records relating to this contract must be made
directly to the OWNER, but if the OWNER does not possess the requested records,
the OWNER shall immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the OWNER or allow the records to be
inspected or copied within a reasonable time. W
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 OWNER and the OWNER'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,
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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 Construction Site 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 OWNER 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 OWNER 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. cis
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the OWNER 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 OWNER 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 c
insurance coverage shall be primary insurance with respect to the OWNER, its officials,
employees, agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this agreement.
11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of OWNER 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
OWNER be required to contain any provision for waiver.
12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the OWNER'S credit or make
it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any
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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 OWNER:
Pedro Mercado Richard Strickland, Director of Airports
Assistant County Attorney Key West International Airport
IL
1111 12th Street, Suite 408 3491 S. Roosevelt Blvd.
Key West, FL 33040 Key West, Florida 33040
0
FOR CONTRACTOR:
Douglas R. Masch II, President
DEC Contracting Group, Inc.
1560 Matthew Drive, Suite B
Fort Myers, FL 33907
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 OWNER and CONTRACTOR
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe OWNER, Florida.
15. MEDIATION: The OWNER 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,
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conditions and provisions of this Agreement would prevent the accomplishment of
the original intent of this Agreement. The OWNER 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: OWNER 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 �s
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: OWNER and
CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of
OWNER and CONTRACTOR. If no resolution can be agreed upon within 30 days �s
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 OWNER 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, OWNER and CONTRACTOR agree to participate, to the extent
required by the other pa
rty, in all proceedings, hearings, processes, meetings, and
other activities related to the substance of this Agreement or provision of the cis
services under this Agreement. OWNER 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 OWNER 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 OWNER, when
performing their respective functions under this Agreement within the territorial
limits of the OWNER 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 OWNER.
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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 OWNER, except to the
extent permitted by the Florida constitution, state statute, and case law. cis
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 OWNER and the CONTRACTOR agree that
neither the OWNER 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 U
community in general or for the purposes contemplated in this Agreement. U
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
number of counterparts,each of which shall be regarded as an original, all of which cas
taken together shall constitute one and the same instrument and OWNER 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;
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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 cas
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; U
U
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.
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IN WITNESS, WHEREOF the parties hereto have executed this agreement on the day and date
first above written in two(2) counterparts, each of which shall, without proof or accounting for the
other counterpart, be deemed an original contract.
IL
(CmN *10R)'
(OWNER)
By: Douglas R. Masch II By: Sylvia Murphy
Title: President, DEC Contracting Group, Inc. Title: Mayor,
Monroe Countv Board of Commissioners
Witness: Attest: Kevin Madok, CPA,
0
Monroe Count Clerk �.
Deputy Clerk t' �-
STATE OF FLORIDA N PR MAW"°"
Aj
PEDRO ..
COUNTY OF LEE p q$` INTYATTORNEY�V GA
tM
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I, the undersigned authority, a Notary Public, in and for said County and State, hereby certify that
Douglas R. Masch I I whose name as President of DEC Contracting Group, Inc.(who is authorized 03
by the corporation to execute this contract) 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 day of August, 2019.
N tary Public Name :1,��P6 MELANIE BECKHAM POWELL
Notary Public•State of Florica t�
Commissior r GG 278726
My Comm.Expires Nov 25.2022
N ry 'U IIC Signature Bonded through National Notary Assr.
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ATTACHMENTS
1. Acknowledgement of Change Orders
2. Insurance Agents Statement
3. Certificate of Insurance
4. Performance Bond
5. Payment Bond
6. Corporate Acknowledgement
7. Surety Acknowledgement
8. Power of Attoney
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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 C
Ladies and 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 Group, Inc.
By: Doucilas R. Masch II
Title: President E
Date: " -
w
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INSURANCE AGENT'S STATEMENT
have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy:
POLICY: DEDUCTIBLES:
General Liability#PKGO1 6751707 $1,000 z
Worker's Compensation !#WCV016799205 $0
0
Auto,#B 1 PO 1 57 N $0 (liability) LU
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Liability Policies are: LJ occurrence El Claims Made
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Five County Insurance
lnsurance Agency Signature
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BIDDER'S STATEMENT
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understand the insurance that will be mandatory if awarded the Contract and will comply in full a
with all the requiirements.
E
Bidder Sign re
DEC Contracting Group, Inc.
bou6las R. Masch 11, President
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A�" CERTIFICATE OF LIABILITY INSURANCE DArB/27/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE:
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
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 of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Certificate Department
Five County Insurance Agency Inc PHONE FAX
14120 Metropolis Ave A/C No Ext: 239-939-1400 A/C,No):239E-M -939-3813
Fort Myers FL 33912 ADDRESS: certs@fivecountyinsurance.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:American Builders Insurance 11240
INSURED DECCO-1 INSURERB: National Builders Insurance 16632
DEC Contracting Group Inc INSURERC: Old Dominion Insurance 40231
1560 Matthew Dr Unit B6-3
Fort Myers FL 33907 INSURERD: (/)
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:1000967811 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI IL
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS
B X COMMERCIAL GENERAL LIABILITY Y PKGO16751707 3/6/2019 3/6/2020 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR PREMISES DAMAGE TO
PREMISES Ea occurrence)
ccurrence $100,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY ❑ PRO-
JECT ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000
X
OTHER: $
C AUTOMOBILE LIABILITY Y BlPO157N 5/8/2019 5/8/2020 COMBINED SINGLE LIMIT $1,000,000
Ea accident
LU
X ANY AUTO BODILY INJURY(Per person) $ IL
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS U
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
CD 22
A X UMBRELLALIAB X OCCUR UMB018902304 3/6/2019 3/6/2020 EACH OCCURRENCE $1,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $1,000,000
DED RETENTION$ $
A WORKERS COMPENSATION WCV016799205 3/6/2019 3/6/2020 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
O
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Re: KWBTS BLDG C Noise Insulation Program, Project#18-060
Monroe County Board of County Commissioners and Key West By the Sea Association Inc are included as additional insureds with respects to General Liabil
and Auto Liability(as provided by the carriers'enhancement endorsements).Thirty days Notice of Cancellation applies; 10 days for non-payment of premium
per Florida Statute.
O
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
MONROE COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS.
COMMISSIONERS
99198 OVERSEAS HWY 2 AUTHORIZED REPRESENTATIVE
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 Packet Pg. 672
Document
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nd Perform�ance °�onv= BoAd# 015206924
CONTRACTOR: SURETY:
(Naine,legal status and address) (Maine, legal status oxd/xi/cipo/y/ncz —~
DEC Contracting Group, Inc. of business)
1560 Matthew Drive, Suite B Liberty Mutual Insurance Company
Fort Myers, FL33Q07 1200K8aoAh This document has|mpoxaotlegal cohur�ou|ovon1. 3vd �|oor consequences.Consultation with
Mahwah, NJ 07430 on attorney ia encouraged with
OWNER:
respect m its completion vr �
6Vm/e,legal
Monroe County Board ofCommissioners modification. =~
Gato 8ui|ding, 1100 Simonton Streot, R[W 2-213 A��»A�����»cew
Contractor,Surety, or =-
Key VVeet. FL33040 v��padyuho|(be, ~considered
pmm|mmu��pp|i,�Wp�
CONSTRUCTION CONTRACcu
T
Date-September 18' 201Q xN Document xa1u-eo1n
combines two separate bonds,o �
o
Amount:Five Million Nine Hundred Twenty Eight Thousand Seventy One Performance Bond and a
Payment Bond,|nmono�rm'
and 8QV10O Dollars($5.g28.O71.G0) Txivianvtuo|nV| combined
Description:
a ~�
(Wan/u and location) Performance and Payment Bond. ~�
Key West |ntomoUone|Airport Noise Insulation Program �~
Construction ofKW8TS Building C
BOND
�
Date' September 18. 2010 z
(ATo/earlier than Construction Conti-act Date) U
Amount: Five Million Nine Hundred Twenty Eight Thousand Seventy One and 69/100 Dollars mm
- ($ Q2D.O71.6A)
Mo4ifimi�nnoto this Bond: X1 None 0 See Section 16
CONTRACTOR
AS PRINCIPAL SURETY
Company- <Co9m/nm@mV -
DEC Corr�tmj�irng rou jn� Liberty �u ua,,,/,,ns ce any
ce
act
and Title: Ne% viorb-9-j'r and Tille:'LA Zorney-i�! a
(Any additional signatures appear on the last page of this Jowforinance Bond.)
(FOR 8FORMAD0Y ONLY—&aine, address and telephone)
AGENTorBRDKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer o,vtherpmly) �
True&Associates ~�
3Z5 North Avenue East
Westfield, NJU7O8U
i C.20.b
§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 perfornis 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 U
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; cm
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and 0
.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.
U
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure U
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 perfonn and complete the Construction Contract itself,through its agents or independent
contractors;
6-3
§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 0
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances: U
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as U
practicable after the amount is detemnined,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 A312——2010.The American Institute of Architects.
Packet Pg. 674
C.20.b
§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 tinder 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 t3
damages caused by delayed performance or non-perfonnance 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. 6-3
§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 U
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 U
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 settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
U
§14.2 Construction Contract,The agreement between the Owner and Contractor identified on the cover page, U
including all Contract Documents and changes made to the agreement and t11e 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 A3121"—2010,The American Institute of Architects.
Packet Pg. 675
C.2O.b
§16 Modifications to this bond are as follows:
tas
0
U
tas
0
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page-)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corpo)-ate Sea[) 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.
Packet Pg. 676
C.20.b
CORPORATEACKNOWLEDGMENT
State of Florida
County of �s
On this 10t" day of September, 2019
before me personally came .to me known, who
..-I—ing by me duly sworn, did depose and say that„be/she is the
t of DEC Contracting Group, Inc. the corporation
described in and which executed the above instrument; that he/she knows the 0
�s
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.
$o�Pa�t ue��o REGINA L.DUNN ,. U
* MY COMMISSION#GG 019425
* EXPIRES:August29,2020
"r \4� at Nola Se20
My commission expires 9T6 BondedThru6udg ry
Notary Public
0
�s
�s
Packet Pg. 677
—~
�
SURETY ACKNOWLEDGMENT
STATE OF NEW JERSEY
COUNTY OF UNION a.
E
On this 10th_dey of Septembmm1o. before me personally came Raohoa| Hurley
tome known,who being bvnnm duly sworn, did depose and say that he/she iaanAtborney-|n-Fact
of 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 Atto mey-in-Fact by authority of the Board of Directors of said corporation and by authority z
of this office under the Standing Resolutions thereof. M
co
co
K*mo| 8rkonovio '
Notary Public Name
Notary Public Signature mu
NOTARY pUBL\O8FN�VVj�R��Y
��gRNn0 � � 10�'1ND ^^
This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
lyLiberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No:8200288-969516
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively Galled the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Marc J.
Michalewsky;Sandra A.Pace;Thomas M.True;Lisa A.Anderson;Kemal Brkanovic;Cheryl R.Coleman;Mary J.D'Ainato;Rachael Hurley
all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons. 6-3
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed (n
thereto this 14th day of January 2019
CO
Liberty Mutual Insurance Company
S 111 INS& Nsli
\*.%Nslj The Ohio Casualty Insurance Company
14, 0 0" 4r 4-, West American Insurance Company
1912 Z
0 0 UJI 0 :1 1991 0 0
e- DIAW'
a) 4,S By:
a)C: David M.Carey,Assistant Secretary
2 State of PENNSYLVANIA
co 0
:3 County of MONTGOMERY ss
0)
a) On this 14th day of January 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance U
:3
0 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes= W
> therein contained by signing on behalf ofthe corporations by himself as a duly authorized officer.
.T =3 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written.
C::2 ............
0 0 i �v7 COMMONWEALTH OF PENNSYLVANIA Q. W
<
Notarial Seal
0 Teresa Pastels,Notary Public 0
0 (1) Upper Marion Two.,Montgomery County By: (1)
C: My Commission EXPlTeS March 28,2021 3: Z
Teresa Pastella,Notary Public 0
Member,Pennsylvania Associatlon of Notaries
0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual:S' 6-3
o.9 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0
E ARTICLE IV—OFFICERS:Section 12.Power of Attorney.
o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the CO
President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >I
M C: any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall
o0
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such
Z 0" El
D instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority.
0 4 L_
ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 0
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
W
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if a
signed by the president and attested by the secretary. 4i
r_
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- 4)
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety E
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with <
the same force and effect as though manually affixed.
1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 18th day of September , 2019
INS& %Nsu,?
0
(3m UJ
i912 0 0 a 1991 0B
Y:Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co062018
Packet Pg. 679
LiNnly LIBERTY MUTUAL INSURANCE COMPANY
Mutual,
FINANCIAL STATEMENT—DECEMBER 31,2018
S U P ETY
Assets Liabilities
Cash and Bank Deposits......................................... $464,341,712 Unearned Premiums................................................ $7,851,429,449
*Bonds—U.S Government..................................... 2,259,714,810 Reserve for Claims and Claims Expense................. 20,165,209,300
*Other Bonds............................................................ 11,864,776,740 Funds Held Under Reinsurance Treaties................. 384,795,327
Reserve for Dividends to Policyholders.................. 1,111,529
*Stocks..................................................................... 16,527,715,226
Additional Statutory Reserve.................................. 62,866,000
Real Estate.............................................................. 255,809,551 Reserve for Commissions,Taxes and
Agents'Balances or Uncollected Premiums........... 5,817,927,234 Other Liabilities................................................ 3,999,822,802
Accrued Interest and Rents..................................... 108,139,840 Total.................................................................$32,465,234,407
Special Surplus Funds................. $43,108,583
Other Admitted Assets............................................ 11,532,139,744
Capital Stock............................... 10,000,000 (L
Paid in Surplus............................ 10,044,912,727 z
Unassigned Surplus..................... 6,267,309,139
Total Admitted Assets..................................... Surplus to Policyholders................................. 16,365,330,449
Total Liabilities and Surplus................................
IN S 0,9 0
4 U
+
Bonds are stated at amortized or investment value;Stocks at Association Market Values. U
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1912 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
clik a statement filed with the state of Massachusetts Department of Insurance.
1, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation,as of December 31,2018,to the best of irly knowledge and belief.
(L
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 22nd day of z
March,2019. U
6-3
(n
Assistant Secretary 3:
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0
W
a
E
S-1262LMIC/a 3/19
Packet Pg. 680
C.20.b
*AIA Document A312 TM . 2010
Payment Bond Bond#015206924
CONTRACTOR: SURETY:
(Name, legal status and address) (Nance,legal status and principal place
DEC Contracting Group, Inc. of business)
1560 Matthew Drive, Suite B Liberty Mutual Insurance Company This document has important legal
Fort Myers, FL 33907 1200 MacArthur Boulevard, 3rd Floor consequences.Consultation with
Mahwah, NJ 07430
OWNER: an attorney Is encouraged with
(Nance,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 toContractor,surety,owner or
Key West, FL 33040 other party shall be considered
plural where applicable.
CONSTRUCTION CONTRACT
Date: September 18, 2019 AIA Document A312-2010
combines two separate bonds,a
Amount: Five Million Nine Hundred Twenty Eight Thousand Seventy One Performance Bond and a 0
Payment Bond,into one form.
and 69/100 Dollars($5,928,071.69) This is not a single combined
Description: Performance and Payment Bond.
(Name and location)
Key West International Airport Noise Insulation Program
Construction of KWBTS Building C
BOND
Date: September 18, 2019
(Not earlier than Construction Contract Date) z
as
Amount: Five Million Nine Hundred Twenty Eight Thousand Seventy One and 69/100 Dollars
($5,928,071.69)
lvtodifications to this Bond: T None Ef See Section 18
" as
CONTRACTOR AS PRINCIPAL SURETY �
P
Company: (Corporate Seal) Company: (Co parte Seal) �y
DEC Conttng G up, Inc. Liberty Mutual Ins nc Co pany
0
Signature: Signature: ' °A
Name ; �scj-f Namo �ae u ley
and Title: a and Title: LAttorney-i Fact
(Any additc tial signatures appear on the last page of this PgiltI t B nd.)
(FUR INI ORAIATION ONLY—Name, address and telephone) E
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other party:)
True&Associates
325 North Avenue East
Westfield, NJ 07090
AIA Document A312TM—2010.The American Institute of Architects.
Packet Pg. 681
C.20.b
§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,inde►n►tif►es 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. IL
§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
0
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or U
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
tile 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. U
cm
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall 'a
promptly and at the Surety's expense take the following actions: 6-3
§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 a►nounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement,If,however,the Surety fails to discharge its U
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's U
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
4i
§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 earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312T —2010.The American Institute of Architects.
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§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 t3
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner 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 of the Claimant, U
.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
A the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
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§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the U
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 tenns"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 A312W—2010.The American Institute of Architects.
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C.20.b
§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 teens of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§171f 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:
6-3
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6-3
(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 A312TN—2010.The American Institute of Architects.
Packet Pg. 684
CORPORATE ACKNOWLEDGMENT
State of Florida
County of Le-
On this 18th day of September. 2019,
before me personally came 2, 01 t��--Vv to me known, who
--be,ing by me duly sworn, did depose and say that he/she is the
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of DEC Contracting Group, Inc. the corporation
described in and which executed the above instrument; that he/she knows the 0
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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.
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MY COMMISSION#GG 019425
EXPIRES:August 29,2020
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SURETY ACKNOWLEDGMENT
STATE OF NEW JERSEY
COUNTY (}FUNION =~
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On this .U8thLday of September»»1*. before me personally came Roohao| Hurley
tome known,who being bxmoe duly sworn, did depose and say that he/she iaanAttorney-|n-Fad o
of Liberty Mutual Insurance Companv described in and which executed the vvithin' instrument; mu
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that he/she knows the corporate seal of said corporation; that the aeo| efhmad to the within '~
instrument is such corporate seal, and that he/she signed the said instrument and affixed the said �u
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seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority z
of this office under the Standing Resolutions thereof.
Kema| 8rkanovio
Notary Public Name
Notary Public Signature
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This Power of Attorney limits the acts of those named herein,and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
mutual, The Ohio Casualty Insurance Company Certificate No:8200288-969516
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Marc J.
Michatewsky;Sandra A.Pace;Thomas M.True;Lisa A.Anderson;Kemal Brkanovic;Cheryl R.Coleman;Mary J.D'Arnato;Rachael Hurley
all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance U
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the Corporate seals of the Companies have been affixed
thereto this 14th day of January 1 2019
Liberty Mutual Insurance Company
I S(/ 04 INS& %NS(j The Ohio Casualty Insurance Company
OVLPO& 'k West American Insurance Company
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By:
David M.Carey,Assistant Secretary
E2 State of PENNSYLVANIA
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:3 County of MONTGOMERY 0
a) On this 14th day of January 1 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
0 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes W
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L 0
.9? mm IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. I
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0 COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
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0 Teresa Paslella,Notary Public
0 Upper MorionTwp,,Montgomery County By:(1) IL
My Commission Expires March 28,202 1 C: y Teresa Pastella,Notary Public 0 Z
Member,Pennsylvania Association of Notaries
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0)a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual:2 -0
'S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 46 3-3
E ARTICLE IV-OFFICERS:Section 12.Power of Attorney. -- ! (n
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,0 j2 a 4 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the= '
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_0 >1 President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >c
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M C: any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall (D- �e
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— have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed such c
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provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. r-
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ARTICLE X111-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0 c L_
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,1�0 r_
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shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,] L)
bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the L)
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if W
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- r_
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety 0
obligations. E
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hapd and affixed the seals of said Companies this 18th day of Septernber , 2019
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5. By:0 &S"t' Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 062018
Packet Pg. 687
Liberty LIBERTY MUTUAL INSURANCE COMPANY
mutual,
FINANCIAL STATEMENT—DECEMBER 31,2018
SURE'ry
Assets Liabilities
Cash and Bank Deposits......................................... $464,341,712 Unearned Premiums................................................ $7,851,429,449
*Bonds—U.S Government..................................... 2,259,714,810 Reserve for Claims and Claims Expense................. 20,165,209,300
*Other Bonds............................................................ 11,864,776,740 Funds Held Under Reinsurance Treaties................. 384,795,327
Reserve for Dividends to Policyholders.................. 1,111,529
*Stocks..................................................................... 16,527,715,226
Additional Statutory Reserve.................................. 62,866,000
Real Estate.............................................................. 255,809,551 Reserve for Commissions,Taxes and
Agents'Balances or Uncollected Premiums........... 5,817,927,234 Other Liabilities................................................ 3,999,822,802
Accrued Interest and Rents..................................... 108,139,840 Total.................................................................$32,465,234,407
Special Surplus Funds................. $43,108,583
Other Admitted Assets............................................ 11,532,139,744 Capital Stock............................... 10,000,000
Paid in Surplus............................ 10,044,912,727 Z
Unassigned Surplus..................... 6,267,309,139
Total Admitted Assets..................................... Surplus to Policyholders................................. 16,365,330,449
Total Liabilities and Surplus................................
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0"Po Bonds are stated at amortized or investment value;Stocks at Association Market Values.
1912 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial W
CH statement filed with the state of Massachusetts Department of Insurance.
1, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation,as of December 31,2018,to the best of my knowledge and belief.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington,this 221d day of Z
March,2019. U
Assistant Secretary
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