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#09/18/2019 Agreement �R couRre`1� / Jp•gJJYcu'o`f� '/ Kevin Madok, CPA 4�4.•••. :..• _ Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: October 4, 2019 TO: Beth Leto,Airports Business Manager FROM: Pamela G. Hanc•� U.C. SUBJECT: September 18th BOCC Meeting Enclosed is a duplicate original of the following item for your handling C15 Contract with General Asphalt Company, Inc.,in the amount of$9,691,602.25 to Rehabilitate Taxiway A at the Key West International Airport. The project is being funded by FAA grant 37-60 (90%); FDOT Grant G0I56 (5%); and PFC#18 (5%). Should you have any questions, please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 • Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA 163 SECTION D - CONTRACT Rehabilitate Taxiway A Key West International Airport THIS AGREEMENT made and entered Into the 18th day of September, 2019 by and between General Asphalt Co., Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Rehabilitate Taxiway A Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within 200 calendar days from the Notice-to- Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately NINE MILLION.SIX HUNDRED AND NINTY.ONE THOUSAND AND SIX HUNDRED AND IWOANO 25/100 Dollars ($ 9,691,602.25 ) in accordance with lump sum and unit prices set forth in The proposal. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent(10%) of the amount of such estimate which is to be CONTRACT I1-19 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 retained by the Owner until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to Contractor. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all CONTRACT II-20 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. CONTRACT II-21 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that t h e 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 CONTRACT II-22 • Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKAI63 provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, Its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 10. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or Indebtedness that would impair its ability to fulfill the terms of this contract. 12. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: CONTRACTOR: Richard Strickland Robert Lopez, President General Asphalt Co. , Inc. Key West International Airport 4850 NW 72 Avenue 3491 So. Roosevelt Blvd. Miami, FL 33166 Key West, Florida 33041 4-504'frfri - 04)",..7- 2 /2, /a-6 poie7 p ; CONTRACT II-23 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 13. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 14. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach CONTRACT 11-24 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 19. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 20. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 21. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 23. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this CONTRACT II-25 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 25. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 26. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 27.OTHER FEDERAL CONTRACT REQUIREMENTS: A. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages CONTRACT II-26 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The CONTRACT II-27 • Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. D. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42,U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. E. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. F. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. CONTRACT II-28 • Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 G. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. Americans with Disabilities Act of 1990, as amended (ADA) — The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. I. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY . and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. J. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (1) If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (2) Affirmative steps must include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; CONTRACT II-29 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (f) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. K. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. CONTRACT II-30 • Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and ,p,:y• d e first above written in two (2) counterparts, each of which shall, without proof or accounting ,, �)e:: ,f i+i other counterpart, be deemed an original contract. a 0 .t't .:p •'4 "ontractor. (Monroe County Board of / / ommiss'oners) r • �C By. Title: ,, ,_:-_-S/,e) // Title: Mayor/Chairman 9/1 $//9 President* WITNESS: dmz,--1 -4(.. ._,,,..6 ,...__ �'I [l Vmk A„•: Cva7fS Srr�oso/N, A--ss�s A-r7- ," 4 o -n STATE OF sr cam- T�!4 "'`' ,��f PF =�" , m 'J, cm rr c� FLORIDA `rh _53. .r, r+ --� Boa�4r l.dcg , • ,.a. rT�:' COUNTY OF IY1 rf9 1/-/O/ jhdRryacCT aoUHt" '-U1YCLERK i c' 0. r w I, the undersigned authority, a Notary Public in and for said County and State hereby certify that R �.2rC, ' ? whose name as /2/2 ,rj,i�-in of C Ei,/.._12 A—t— ,9-s-i-A-a,T ee, /-,,, is signed to 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 G day of /9c 720 /7 0 Notary Public _ �`- ,_::%„1",i.,,,, yEvI b avi�a' , �`�, Notary'Public• State :t r';,,ida*Who is authorize by the corpor tion to execute this contract. ` commission rc;6 o�; My Comm E*m'r, a. . . . )20' % ,; " 9,priP,,.,r . . ,m N E COUNTY ATT N . 1 AS TO PFORO J - 'ABA 1-"-6(1*-4-----Th ASS {atrOUN A Date 1(3 CONTRACT I1-31 Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 THIS PAGE INTENTIONALLY LEFT BLANK CONTRACT II-32 ' Key West International Airport 04/19 ab nroe County Rehi i ate Taxiway A Project No.";GAKA163 GENERAL.INSURANCE,REQUIREMENTS FOR;CONTRACTORS;SECTION 110 G AND SUBCONTRACTORS - Prior to the commencement of work governed by this contract (including the pre staging of personnel and material), the Contactor; shall obtain, at his/her own expense, insurance as-specified in the attached schedules, which are made part of this:contract The Contractor will also: ensure that the Insurance "obtained will extend protection' to ;all subcontractors engaged by the Contractor As'=an alternative, the Contractor may; require subcontractors to obtain insurance consistent with the attached schedules The Contractor will not.'be:permitted to commence work governed by this contract (including pre staging of,personnel and material) until satisfactory evidence:._of:.the required insurance_-has been:fu-rnished;.to the. County as specified below. D_elays'-in the 'co mmencerrient_of work resulting.:from -the failure of the Contractor to provide satisfactory'evidence of the required insurance shall not extend:deadlines specified in this contract and any penalties and failure-'to perform assessments-shall be imposed as,if'the work commenced on the specified date and time, except for;the-Contractor's failure to provide satisfactory evidence The Contractor shall maintain the required ;insurance throughout the entire term of this contract and any extensions specified in :any.attached schedules: failure to comply ;with.this provision, may result in the' immediate suspension of all work until-the.;required insurance hat been reinstated or y.replaced Delays in the completion of the 'work resulting from;the failure of the Contractor to maintain the required insurance shall not extend deadlines specified 'in this- contract and any"penalties and' failure to :perform assessments' shall b imposed as if the work had'not beep except for the'"Contractors failure to maintain the required insurance, -"The Contractor shall provide to the County as satisfactory evidence of "the,-required insurance_either -Certificate of Insurance, or A''certified copy of the actual insurance policy. The County atCOOfity, :atritS,sole;-option, has the right request a certified .copy :of any. or all insurance policies required by this contract. All insurance policies must specify that they:are not subject to cancellation, non-renewal, material -change or ,reduction in;.Coverage :unless=a minimum .Of thirty (30) days' prior notification is_given'to the.County.by the insurer.• ; : -The acceptance and/or approval of the Contractor's insurance shall not be construed,as • relieving the Contractor from::any liability o`r obligation:,assumed under this contract-:or t imposed by law The Monroe County`Board'of County Commissioners;,its employees and officials:`will be included ..as ``Additional ".Insured" on all policies,- except`for Workers' Compensation. GENERAL_PROVISIONS ' ' - • III-61 Key West International Airport , 04/19 Monroe County. Rehabilitate"Taxiway A Project No, GAKA163 In addition, the County will:be named as an Additional Insured and Loss Payee on all_,policies . . . covering County owned property Any deviations from these General Insurance Requirements must be requested in writing on the County :prepared form entitled `Request for Waiver of Insurance`.Requirements" and" approved by Monroe County's Risk Manager - To assist in the development of your proposal, the insurance coverage marked with-an X"will - be required in-the event an award is made to`your.'firm Please.review;,this form with your insurance agent and have him sign it in the place provided It is also required that thebidders - sign the`form and submit it with each proposal WORKERS' COMPENSATION &:EMPLOYER'S LIABILITY - Workers'Compensation p1NLRC,;` . Statutory Limits WC1 Employer's•Liability ELOLWI $100,000/$500,000/$100 000 WC2 Employers:Liability"ELOLWI = ,$500,000/$500 000/$500,000 1NC3. X Employer's'Liability',ELOLIM '$1,,000,000/$1 000,000/$1,000,000 WCUSLH ; U.S Longshoremen &Harbor Workers.Act Same as.Employer's Liability WCJA Federal.Jones Act Same as Employer s Liability GENERAL LIABILITY -As a minimum the-required genera_l liability coverage will include: • Premises Operations: • Blanket Contractual • Personal injury • . Expanded Definition of Property Damage • Products and Completed Operations Required Limits: :GL1 $100,000/person, $300,000/occurrence _ $;50,000 property damage s . or,". $300,00Q combined single limit GL2 - $250,000/person, $5Q0,000/occurrence. i $.50,000 property damage or • '$5D0,000 combined single limit GENERAL PROVISIONS. 14-62 • key West International Airport 04/19 Mo nroe Taxiway A ProjectNo.-GAKA163 $500;000/person;$1,000,000/occurrence GL3. X ;$ 100,000 property damage or $1,000,000°combined single limit GL4;. $5,000,000 torribified-single limited Required Endorsement:: GLXCU Underground,;Explosion 8c-Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. : VEHICLE LIABILITY As a minimum, coverage.should extend to liability for: Owned,Non-owned and_hired vehicles Required Limits: VLI $ 50000/person, $100,000/occurrence 25 000 property damage 'or $100,000 combined single:limit VL2 .' • $100,000/person, $300,000/occurrence; $50,000 property damage' or. - '$300;000 combined single,limit VL3 X $ 500000/person; $1,000,000/occurrence $ 100000 property damage or. . ;$1,000,000 combined single:limit. . VL4 ,$5,000,000.combined single limit - . • GENERAL PROVISIONS` III-63 Key West International Airpori nn n o, Mo :: nroe,County REV 09/12; Rehabilitate Taxiway A Project No GAKA"163 . MISCELLANEOUS COVERAGES_ BR1 Builders' Risk Limits Equal to the risk completed project Equal-to t he`_max value of any one MVC Motor.Truck,Cargo Limits' shipment PRO.1 Professional;Liability , $250,000/occurrence •.PRO2; - $500,000%occurrence PR03 $1,000 000/occurrence POL1 Pollution Liability_' $500,000/occurrence POL2 - $1,000;000/pccurrence POL3 . $5,000,000/occurrence:. ED1 Employee $10,000 . ty ,: .$100000 ED2. . . . ,. Dishones .. " GK1.. Garage $300,000 ($25,000/vehicle) - GK2 'Keepers $500;000,($1.00,000%vehicle) • GK3 " $1,000,000,($250,000/vehicle) : MED1 Medical $500000/$1;000,.000 Agg. MED2 Professional, $1,000,000/$3;000,000 Agg: MED3. $5,000;000/$10,000,000.Agg. IF Installation Floater. Max.Value of Equip Installed VLP1 Hazardous $300,000(Requires°MCS-90.), ` 'VLP2 Cargo; $500000 (Reguires`MCS=90) .., - VLP3 Transporter $1,000000-.(Requires MCS 90) BLL • Bailee Liability : _Max. value of property HKL1 Hangar:keepers';Liability $300000. • ".• HKL2,: $500,000 H KL3 , $1,000,000, AIR1 : Aircraft Liability AI R2 $1,00.0000_: • . Al R3 :. $1,000000 AE01, '` Architect's Error"s &Omissions ,$250,000/occurrence/$500,000 Agg AE02 $500,000/occurrence/$1,000,000'A - : AE03. ,.$1,000,000/occurrence/$3,000,000 Agg. :- GENERAL'PROVISIONS III=64 • Key West International Airport 04/19.. Monroe County : . Rehabilitate Taxiway A Pro�ectNo GAKA163,. WORKERS ' COMPENSATIO.N • INSURANCE REQ`UIREMENTS, FOR' CONTRACT - BETWEEN -., =MONROE COUNTY, FLORIDA- , - Prior to the commencement of:work governed.by.this contract, the'Contractor shall obtain Workers''Compensation Insurance,With limits sufficient to respond to the applicable state's statutes In addfion,`the Contractor shall obtain Employers'Liability Insurance with limits of not less than: ;$1,000,000_:Bodily Injury by Accident $1,000,000 Bodily Injury by Disease,'policy limits • $1,000000:Bodily Injury by Disease,each employee. ge mamtaineduh the:en term of: t: Coverage shallshall be be provided by a company.orthrogout comptireanies:authorizedthe to_:tracontracnsact businessin.the state of Florida and the company or companies must maintain a minimum rating of A-VI as • assigned by.the A M. Best Company. If the Contractor has,been approved by the Florida Department 'of Labor as an authorized self insurer, _the County shall recognize and honor the'Contractor's status.-The Contractor may be, required to submit a Letter.of Authorization issued by:the Department of. Labor and a Certificate.of Insurance providing,details on the"Contractor's,Excess Insurance Program :. , - If_the Contractor participates in a self.insurance fund, a Certificate of Insurance will be required. In addfion,the Contractor may be required to submit updated financial statements fromthe fund • upon.request'from the County: GENERAL PROVISIONS III-66 • Key West International Airport 04/19 Monroe;County Rehabilitate Taxiway A ' Project No: GAKA163 INSURANCE tiB , LITY .; GENERA L A I .RE QUIREMENTS. • :• ,FOR: - - ._ CONTRACT. . B E T W E E N •.MO , FLORIDA NROE �COUTY N Prior: to:the commencement of work governed by this contract, the Contractor shall, obtain " General Liability Insurance: Coverage shall be maintained throughout the life of the contract and include;as'a minimum Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum.limits acceptable shall be $1,000,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $500,000 per person $1-000,000 per occurrence $ 100,000 property damage An Occurrence Form policy is preferred. If coverage'iis provided on a Claims Made policy, its provisions should include'coverage for claims•filed on or after:Oip effective date of this contract. In addition:the;penod for which daims maybe reported should extend for a minimum of twelve (12) months_following the acceptance of Work by,the County. The Monroe County Board-of County Commissioners shall be named.as Additional:Insured on all Policies issued t ve to saisfy,the abo requirements: GENERAL P ROVISIONS: III=67 • • • Key West International Airport 04/19 Monroe County Rehabilitate Taxiway A Project No. GAKA163 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be" maintained throughout the life of the contract and include, as a-minimum, liability coverage for: • Owned, Non-Owned and Hired Vehicles . The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: $500,000 per person $1,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional.In sured on all policies issued to satisfy the above requirements. . GENERAL PROVISIONS III-68 .�r'1 GENEASP-01 . TGARRIDO AR l7" DATE IMINDONYVVI • CERTIFICATE OF LIABILITY INSURANCE 0 810 61201 9 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 cortificate holder in lieu of such endarsemsnt(s). PRODUCER witecT Teresa Garrido Collinsworth,Alter,Fowler 8.French,LLCpljoginC*Emo„FA:(305)842-7600 I Mc,e40(305)362 2443 8000 Governors Square Blvd Suite um . I .tgarridogicaffitc.com 1 Miami Lakes,FL 33016 INSURERISI AFFORDING COVERAGE NAM • INSURER A:Charter Oak Fire ins Co 25615- iNSURED INSURER e t Phoenix Insurance Co 25623 General-Asphait Company Inc. instinan c:Travelers Indemnity Company 25658 ' P 0 Box 622306 INSURER o: Miami,FL 33168 INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECT TO WHICH THIS i 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. . 'eV TYPE OF INSURANCE ADDLAUBR INSD ttmo POLICY NUMBER POUp yt R,POLICY ESP p LOUTS • A X COMERCIAL GENERAL LABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ID CCCelrt X X C08063M466C0F19 01/01/2019 01/01/2020 pDaued AEaw,ral $ 300,000 MED EXP(AM aro parson) s 6,000 — PERSONAL AAuvruun s 1,000,000 ._ain.AG�-,© LIMIT AMR the GENERAL AGGREGATE $ 2,000,000 — POLICY JELT L. LOC ,PRODUCTS-COSIP/QP AGG s ZA00,00(i .OTHER: - s B AUTOL40DLELABILITY COMBINED SINGLE war Me eril $ 1,000,000 01/01/2019 01/01/2020 ROC X MIpyY��AggU��ro _ X U78108063M466PHXIB ILYIN�raz..rp.,sc I s L._AMOSON.Y AUTOS ROCIpL�YiNJURYiPsraodideQ II• X AUTOS ONLY X ATOS ONLY U Ip�PerGE• S • S C X UMBRELLA UAa X OCCUR EACH OCCURRIMCE $ 1,000,000 .-- EXCESS LAO CLAIMS-MADE CUPSG417301 0110112019 01/01/2020 AGGREGATE S 1,000,000 DEO I X I RETENTION S 0 WORKERS COMPENSATION MUTE 19641L' S AND EMPLOYERS'UAOLITY �J I STATUTE PR ANYCPREjO�PRIETORIE 'xECirfV6 {� NIA E.L.EACH ACCIDENT S `-N a 'nLIIVO �J • E.L.DISEASE-EA EMP}QyEE S it yea dMulbs uder- OESt UPnON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Leased/Rented QT6308M397984TiL19 01/01/2019 01/01/2020 w1$5000.Dad 800,000 • B Equipment Floater QT6308011397964TiL19 ' 01/01/2019 01/01/2020 Schedule Equip Blkt 12,416,899 DESCRIPTION OF OPERATIONS i LOCATIONS I VEIiICLES ACORD Cal.AddlMime Remarks Schedule,may be attached It man specs Is esqu!radl - Project:Rehabilitate Taxiway A Project No.GAKA163.Certificate holder and The Monroe County Board of County Commissioners,Its employees and officials are added as additional insured as required by written contract for the general I +.:,. 1 bile Waiver of subrogation is Included for general liability and workers compensation policies • ." Tiyi16K:'r`YrTc - °� BY. r - i . 7 �v` • • . . . W 'YE8 • CERTIFICATE HOLDER CANCELLATION MONROE COUNTY.BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Koy Weal,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 411 i I ACORD 25(2016103) _ El 1988-2016 ACORD CORPORATION. All rights reserved. ! The A CORD name and logo are registered marks of ACORD .4C R � � ... .,. CERTIFICATE OF.LIABILITY INSURANCE 09/19/2018 . THIS`CERTIFICATE tS ISSUED AS R MATTER OF INFORMATION ONLY:AND CONFERS NO RIGHTS UPON THE'CERTIFICATE HOLDER.THIS . -.. :CERTIFICATE:DOES NOT:AFFIRMATIVELY-.OR NEGATIVELY AMEND,;:EXIEND-OR ALTER'THE COVERAGE AFPORDED•BY:THE"POLICIES ' ' BELOW THIS CERTIFICATE-OF INSURANCE DOES,-NOT-CONSTITUTE.A CONTRACT BETWEEN THE ISSUING INSURER(S),''AUTHORIZED • - 1REPRESENTATIVE OR PRODUCER.:AND THE CERTIFICATE HOLDER ,'s ' IMPORTANT. Il t ie cartiReate holder is en ADDITIONAL INSURED,the poltey(Iesy must have ADDITIONAL INSURED'provisions`or be endorsed.'. - N$UBROGATION:IS:WAIVED,subject to the terms And.conditions of Ito policy;:certeln,polieies may require an endorsement A.statement on :,:this ceitiflrate does not Confer rights'to the certificate holder In lieu of such endorsement(s).; ' - = •- PIIDDUCER '.. `. ::.1-B00 247-7756 , _ Hammes Murphy 4 ASSOO WON PHONE FF 1Afe Not PO:Box 9207 E55 a ° . `..- '. - , ,IN5IIREFUSI AFFORmNG COVERAGE _."NAICO - - Dee..Mainee..'IA 50306-9207 ,-• . ; ••RffiUREHAi s.ORICB:.A?laR,IH9 CO - 16535 INSURED IfUREJI91 Cenral Asphalt Company 'Inc ulauReR o .- 4850 t4W 72ad Avenue. . ,._ .. _ .. , ._COVERAGES. ._ - CERTIFICATE NUMBER:•54024207 ,., ;,_:_REVISION NUMBER 'THIS 1S TO CERTIFY:THAT THE:POLICIES OF INSURANCE:LISTED BELOW HAVE'BEEN ISSUED TO•THE INSURED NAMED ASOVE'FOR THE POLICY PERIOD'"i,, ,,r . INDICATED,,NOTWITHSTANDING ANY.REQUIREMENT,TERM,OR CONDITION OF.,ANY-CONTRACTOR OTHER DOCUMENT.WITH RESPECT TO:WHICH THIS' CERTIFICATE MAY;BE,ISSUED-OR MAY;PERTAIN,,THE INSURANCE AFFORDED:BY;THE POtICIES.DESCRIBED HEREIN iS SUBJECT TO,AU.THE 1ERMS -` '• - EXCLUSIONS AND CONOITIONSOF,SUCH,POLICIES:OMITS SHOWN MAY HAVE REDUCED BY PAID CLAIMS. -,:;.; • . i�w _: -TYPEOFIN8URANCE' 71tvn POUCYNIJMS I1 r etl�Iloiu+np+r> tsdti3 ? CONh1ERCUU.OENERALLIABIUTY . AIMS.MADE a OCCUR • • ,.j64i S;: ` NIDE1IP ons0e1anl $ PERsom'.&AovlN um s OEMLAOoREOATEtellAPPUES_PER• - tiENEHALAOOREOATE f> i Po1r Q J Q t B MEWPRODUCTS CONPlOPAOG s AumMaesOUAeurrY �Y strrwaetr r ANri�uro UA7F� • OYlNEA SCFE OULEO. .. Y IN RlRI pia pusoa) ;. Autos ONLY '`` /roma IED , • . WAIVER- t - pSCaLY,l aaddad) $ t - — AUTOS ONLY AUTOS ONLY riJ�sendane. S UNBRELLAUAS OCCUR EACHOCCURHEACE f CXCEBS WIB z ..; OCCUR . ' : AOtiREQATE 5_,. - . on I R rTRDNs A WORKERscoUPENSATON .. • - 'I' 00375715' 10/01/18 11/01/I9 XI E I ':t:;I•, A iplentOYERB .14111.1TY YIN- R AN YPRDPRIETORNARTNEHlEXECIr the ❑ N!A ' ELEACHACCBH.N7 f'1.'000.000 OFFIOERIMQEREXOW -mDEO? . _- (MotdalurylnHN) ``':`- EL DISEASE.EAEUPLOYEE.e 1,990,000 ICY�qq,,daaabe aMm OESCmPEON Of OPERATIONS bike- - -* - - - , . E.LDISEASE=POUCYiiiai S`1 000,000 • DESCRS'TlON0FOPERAT1ONE/LOCATIONSIYEHICLEe(ACORDi01,AddH R haalaitiM aolu sdula;niay14.11 1W ifEmma apace Is ruq*sdl The work coca includes a_waiver of eubrogation'in favor of the certificate,holder and all"contractors and subcan s tractor as required by written contrast; per policy terms and conditions -- ` , PROJECT•'PROJECT GAt0►163 , REHABILITATE TAXSWAY At KEY NEST INTERNATIONAL. AIRPORT• MONROECAUNT7 FLORIDA . CERTIFICATE HOLDER _ " CANCELLATION e. -':: 't. KEY WEST INTERNATIONAL AIRPORT SHOULDPANNY Op QAABOTEVEME SCRI�DoOO IE IE B A EU.ED BEFORE Red '- MONROE COUNTY ry` SHOULD ' - ACCORDANCE WITH THEPOUCYPROVISIONS. - AUTHgItlgDREPRESENTATWE,. ( USA ,, (11988-2015 ACORD.:CORPORATION All;rtghts reserved. ACORO 25(2016/03);; ' ' ',The ACORD earn end logo are registered marks of ACORD i(Mareuawdsn i 5901420T Bond No. SU1158100 PUBLIC CONSTRUCTION PERFORMANCE AND GUARANTEE BOND KNOWALL PERSONS BY THESE PRESENTS THAT General Asphalt Co.,Inc. (Corporation)-4850 NW 72 Avenue,Miami,FL 33166 (Legal Title and Address of Contractor,Design-Build Firm,CM) as Principal{hereinafter referred to as"Principal"),and Arch Insurance Company(Corporation) -Harborside 3,210 Hudson Street,Suite 300,Jersey City,NJ 07311 (LegalTitle andAddress of Surety) as Surety(hereinafter referred to as"Surety"),are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY,FLORIDA,as Obligee(hereinafter referred to as"Obligee"),h the amount of Nine Million Six Hundred Ninety One Thousand Six Hundred Two and 25/100 (InsertContractPrice) Dollars ($ 9,691,602.25 ), towhich payment Principal and Surety(hereinafter referred to collectively as"Obligors")bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal and Obligee have entered Into a written contract dated .See-kem.6er 1/8/ 707 (hereinafter referred to as the"Contract"),to perform certain work for Key West International Airport Rehabilitate Taxiway A-GAKA163 (Insert Name of Job/Project) (here in after referred to as the "Project"), as evidenced by the Agreement {Contract) between the parties Incorporated therein, all of which Is hereby referred to and made a part hereof. NOW,THEREFORE THE CONDITION OFTHIS BOND Is such that 1. IfPrincipalshall: a) Promptly and faithfully perform at the times and h the manner prescribed each and all of the terms, conditions,and provisions of the Contract, In strict accordance with its terms, as those terms may be modified or amended from time to time, and timely complete the Project In accordance with the terms thereof;and b) hdemnify,save and hold harmless Obligee and all of Its officers,agents and employees from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description, whether h contract or In tort, whether Imposed by law or equity, which may be caused Obligee by reason of the failure or default on the part of Principal to perform any or all of the terms of the Contract, Including all modifications and amendments thereto, and any warranties or guarantees required thereunder;and c) Promptly and faithfully perform each and all of the obligations of the guarantees of all work and materials as set forth herein at paragraphs 11 & 12, in strict accordance with ks terms, as those terms may be modified or amended from time to time, then this obligation shall be void; otherwise,kshall be and remain in full force and effect. 2. If all duties owing to Obligee under the Contract and the guarantees provided herein are not performed, which shall Include, but not limited to, Principal's breach of default of the Contract, then, upon delivery of written notice from Obligee to Surety, Surety shall either remedy the default or breach of Principal or shall take charge of the Project and complete the Contract or any remedial work required under the Contract or the guarantee provided herein at its own expense provided, however, that the procedure by which Surety undertakes to discharge its obligations under this bond shall be subject to the advance written approval of Owner. Page 1 of 3 FM-5244 Rev.(05.08) 3. Surety shall give an unequivocal notice in writing to Obligee(the"Notice of Election")within twenty(20) days after receipt of written notice from Obligee to Surety of Surety's election either to remedy the default or defaults promptly or to perform the contract promptly as provided herein,time being of the essence of this bond. In the Notice of Election,Surety shall state the date on which the remedy or performance will commence. Surety shall also give prompt notice h writing to Obligee immediately upon the completion of the remedy and/or correction of each breach or default and completion of the Contract. 4. Surety shall not assert solvency of its Principal or its Principal's denial of default as justification for its failure to give the Notice of Election or for ks failure to promptly remedy the breach or to complete the Contract. Surety shall not assert Obligee's failure to notify Surety of Principal's breach or respond to the Notice of Election In a timely manner as a basis for denying Its liability to Obligee under this bond or for denying Its liability for any portion of the damages claimed hereunder,Including any delay damages. 5. Surety,for value received,hereby estimates and agrees that no changes,substitutions,extensions of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder, or the specifications or drawings accompanying same, or any over-payments or premature payment made by Obligee to Principal,or any forbearance whatsoever on the part of either Obligee or Principal,or either of any of them to the other, shall in any way affect its obligation on this bond,and it does hereby waive notice of any such changes,substitutions, extensions of time, alterations or additions to the terms of the Contract or to work to be performed thereunder, or to the specifications or drawings and agrees that these changes, substitutions, and additions shall become provisions of the Contract or change does not affect the Surety's obligation under this bond. 6. If Surety falls to act promptly,then Obligee may give notice of such failure, both to Principal and Surety, and after the expiration of ten (10)days, Obligee may cause the work to be done. When the cost of performance by Obligee Is estimated, Obligors shall pay any and all estimated costs of work to Owner within thirty(30)days of receipt of the estimate.Any actual costs in excess of the estimated price shall be paid to Owner on demand.Additionally, Obligors shall be liable for any applicable liquidated and/or delay damages that accrue up through and including the time of completion of the Project and Contract performance by Surety. 7. Surety further agrees,as part of this obligation,to pay all damages of any kind to person or property that may result from a failure in any respect to perform and complete the Contract in a timely manner,hcluding but not limited to, all repair and replacement costs necessary to rectify construction errors, all delay damages, architectural and engineering costs and fees, all consultant fees,all testing and laboratory fees and all interest.Additionally, pursuant to § 627.428, Fla. Stat., the Obligee shall be entitled to recover from Surety all attorney's and other legal fees and litigation costs,including the cost of any appeal,Incurred by Obligee. 8. The penal amount of this bond shall be hcreased to the extent that change orders are Issued after execution ofthe Contract hcreasing the Contract sum. 9. Surety agrees that,other than as provided In this bond,it may not demand of Obligee that Oblige shall: a) perform any thing or act, b) give any notice, c)furnish any clerical assistance, d) render any service, e)furnish any papers or documents,or f)take any other action of any nature or description which Is not required of Obligee to be done under the Contract and related documents. 10. This performance bond is a common law bond and the notice and time limits of§95.11(2)(b), Fla.Stat., apply to actions for performance of this contract. 11. Guarantee of materials and worker ship: Principal guarantees all materials and worker ship installed and performed under the Contract for the maximum time allowed by law afterfinal acceptance of the Project by Obligee. Page 2 of 3 F5244 Rev.(05-08) 12. Guarantee of successful operation: Principal guarantees the successful operation of all mechanical and electrical equipment and all other devices and equipment having working parts installed in the Project or supplied pursuant to the Contract for the maximum time allowed by law after final acceptance of the Project by Obligee. ,=,-,c ==:•c;:: ,9;,, signature,`korp0a00aj citesting secret .i o sig att, ,'ty(.j Construction Manager/Design Builder/Contractor shall execute and provide one(1)ofthe following: wit.:„g '/.. •" .'n ` A y /�RI i General A2,S t C, •� - r 47 ,� Attest Se ry or Wit ess %�" `o / „ '" � liv/ •T�S lb`�FS�i/ :: /i /1 f (SEAL) Witness 'residen ,y�,�-er/Partner State of Florida (Si. contract) County Miami-Dade a v is;7S ±,j 4„/ On this a ' dayof Avav57 aolq P-0 .3�� j L-or, 9 , Print name(s)of signer(s) personally appeared before me,as the signers(s) of the attached Instrument, and -/she/they acknowledged that he/she/they signed the instrument voluntarily for the purpose expressed In i or o 6 personally kno =or has produced Type of Identificatio ,D:/Ex.iration Date 7 "..... Signature•• otary RV P ro�a °a�•. YENI6•AVILA 9 •n• Nofma Pubfl "-al) 2•: ��� State of Florida y ,N, ini :: Cammrssionif+� 02,•,,,--%� o• 520� PrintedNameofNotary 4FOF FtOP� MY'Comm::Expir s-Au 2.20 IN !' """''�� Bonded 9 28;: rc/ 'sur..'ce Cor pan/'' l through National Notary Ass (SEAL) Tr-•s J.Nie son,Attorney- - ct ap___ As to • i e • ent Agent - ar .Ni son State of Florida Surety Phone No. 201-743-4000 County of Miami-Dade On this P.-4 day of /9"v C-(J ej% r9-0(T Charles J.Nielson Print name(s)of signers(s) personally appeared before me, as the signer(s) of th a tached Instrument, and he/she/they acknowledged that he/she/they signed the Instrument voluntarily for t�tRac,Vg/ ressed In it, •s so Ily known to me or has pproduced eersonallicy at on N#/Ex iration Date.,.- ��s',\ct'`'�'?• /,/��'i YP P a •.z•as. 4,On Fs ;o�J �' ture of Notary (Seal) s 656606 v, o= Gicelle Pajon �•• o a a• ` '�' o Printed Name of Notary d;O) .7Public p o, NOTE:if both Principal and Surety are corporatiorigag'e`'t$is_%,ctivirp gr�orate seals shall be affixed and attached. Power of Attorney to be attached. ''0/100l;;93R�'� APPROVED:(as to form and legal sufficiency) Attorney for Arch Insurance Company (Attach Power of Attorney) Page 3 of 3 FM•5244 Rev.(05-08) . • Bond No. SU1158100 PUBLIC CONSTRUCTION PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS THAT General Asphalt Co.,Inc. (Corporation)-4850 NW 72 Avenue,Miami,FL 33166 (Legal Title and Address of Contractor,Design-Build Firm,CM) as Principal(hereinafter referred to as"Principal"),and Arch Insurance Company(Corporation) -Harborside 3,210 Hudson Street,Suite 300,Jersey City,NJ 07311 (Legal Title and Address of Surety) as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto Board of County Commissioners, Monroe County, FLORIDA,as Obligee (hereinafter referred to as "Obligee"), In the amount of Nine Million Six Hundred Ninety One (I nsert Contract Price) Thousand Six Hundred Two and 25/100 Dollars ($ $9,691,602.25 ),to which payment Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal and Obligee have entered into a written contract dated 47..411-6 18 940 (hereinafter referred to as the"Contract"),to perform certain work for: Key West International Airport Rehabilitate Taxiway A GAKA163 (Insert Name of Job/Project) (hereinafter referred to as the"Project"),as evidenced by the Agreement(Contract}between the parties hcorporated therein, all of which is hereby referred to and made a part hereof. NOW,THEREFORE, THE CONDITION OF THIS BOND is such that if Principal shall promptly make payments to all Claimants, as hereinafter defined, for all labor, services, materials, supplies and equipment used or reasonably required for use, either directly or indirectly, in the performance of the Contract, in the prosecution of the work provided for h the Contract, or in the performance of the guarantee of all work and materials furnished under the Contract then this obligation shall be void;otherwise to remain in full force and effect. 1. Claimants-Subcontractors and Suppliers of Principal "Claimant" is used herein as defined in § 255.05(01), Fla. Stat., and extends to any person, party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract,without regard to whether such labor, services, or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of contract with Principal or any subcontractor performing work on the project. 2. Suits on Payment Bonds-Rights to Institute Every Claimant who has not been paid in full ninety (90)days after the day on which the last of the labor was done or performed or material was furnished or supplied to the Project by such person for which such claim is made, shall have the right to sue on this bond for the amount unpaid at the time of institution of such suit and to prosecute such action for the sum or sums justly due such person, including all reasonable costs of litigation, reasonable attorney's fees (pursuant to § 627.428, Fla.Stat.),and engineer,architect and other expert witness fees. 3. Suits on Payment Bonds-Where and When Brought Every suit instituted upon the bond shall be brought in a court of competent jurisdiction for the county or circuit In which the Contract was to be performed. Obligee named in the bond shall not be joined as a party in any such suit. The notice and time limits of§255.05, Fla. Stat., are incorporated herein. 4. Alterations,Additions and Changes Surety,for value received,hereby stipulates and agrees that no changes,substitutions,extensions of time,alterations Page 1 of 2 FM-5243 Rev.(05.08) of additions to the terms of the Contract or to the work to be performed thereunder, or the specifications or drawings accompanying same, or any over-payments or premature payment made by Obligee to Principal, or any forbearance whatsoever on the part of either Obligee or Principal, or either of them to the other, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, substitutions, extensions of time, alterations or additions to the terms of the Contract or to work to be performed thereunder, or to the specifications or drawings and agrees that these changes, substitutions, and additions shall become provisions of the Contract. Surety further agrees that compliance and noncompliance with any formalities connected with the Contract or changes does not affect the Surety's obligation under this bond. 5. Increase of Penal Amount The penal amount of this bond shall be increased to the extent that change orders are issued after execution of the Contract increasing the Contract sum. a.7, ov;c�, signature,corporate seal, Construction Manager/Design Builder/Contractor sha ecutelbftdprovide one(1)of the following: attesting secretary;or signature, �•"," .c,��,ys, `• ;� /r=. two itnesses; or •• �t" .. •nature, Notary. o'�,' n General As 't o./ et 424, a, � ' �' z Attest Secret or fitness '°, �� /, / !� �eep 5� �/ - ✓'� ) l_./vt2/lS �l� ��b'/✓ % `B"eeatPttj°� \ SEAL r-. ��5, Witness °a✓F *resit en,-a %rtner 57_ ``..-:. ., . 7 tract) of Florida � o County of Miami-Dade f% 2T` i/'r p.SafCJ On this - G day of AVr.ri51 / ,9 Poe--cT r P?? Print name(s)of signer(s) personally appeared before me,as the signer(s) of the attached instrument and he/she/they acknowledged that he/she/they signed the instrument voluntarily for the purpose expressed in it, , ho is .=rsonally known to me r produced Type of Identification I, Aiwa'+S ' ' YENI G AVILA' ,. 10AA• a- _„... .0,4;_t,,,,,Seal ., 4, Natary Public State of:Florida Signature of tary (Seat) =•' "1:: Commission#. GG,;025206 IN THE NC �---'�:, My-Comm::Expires Au"g,28.2020 „io Bondeddtthrough National.Notar.y-Assn, Printed N m No arty Arc Insur e C pang / By: (SEAL) CJ7s7t. ar As to Surety FI ride ResidentAgent -Charles . elson State of Florida Surety Phone No. 201-743-4000 County of Miami-Dade Ali On this ,-) CO day of Ali -67 ?O / Charles J.Nielson Print name(s)of signer(s) personally appeared before me,as the signer(s)of the attached instrument,and he/she/they acknowledged that he/she/they signed the instrument voluntarily for the purpgegt4 i4� e,d nit, who is nal <n n to me or has produced personally known qe°'''�yE PA',ON 62/� Type of Identification ID#/Expiration.a*.•',,S\Y S��?t,i. . �✓, 1 Q - nature of Notary 0-' : ¢a Gicelle ajon (Seal) = • '. toe°'a�5 c'': Printed Name of Notary `- .y;moo/d�eondees�k•...kv y s,, 0,.. •. ,Publc\ .•'6( ,�- NOTE:If both Principal and Surety are corpot`�St drip here p0btt�e'corporate seals shall be affixed and attached. Power of Attorney to be attached. '✓✓✓/p/ff-�1llt;toepok`°�° APPROVED:(as to form and legal sufficiency) ;The-provisions-and limitations of Section 255.05 Florida Statutes,- Attorney for Arch Insurance Company (Attach Powerofitottivrdipx but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10), are incorporated in this bond•'' by reference. Page 2 of 2 FM-5243 Rev.(05.08), ,`.! AIC 0000255114 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Arthur Lawrence Colley of Charlotte, NC Brett Rosenhaus of Lake Worth, FL Charles D. Nielson, Charles J. Nielson and David R. Hoover of Miami Lakes, FL(EACH) F. Danny Gann, Edward T.Ward and Audria R.Ward of Atlanta, GA(EACH) John R. Neu and Kevin Wojtowicz of St. Petersburg, FL(EACH) Laura D. Mosholder of Orlando, FL its true and lawful Attorney(s)in-Fact,to make,execute, seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000255114 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 8th day of August, 2018. Attested and Certified Arch Insurance Company vtance c o„ wRrre 4 / r i i_QSuu (iris r `" o, r i!i l I19r fr,A .„ Patrick K. Nails,Secretary David M. I inke stein, Executive Vice President STATE OF PENNSYLVANIA SS Missouri COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. cOMMONWEALTM OP PSM{sfLYA1 LA NOTARIAL SfAL NMI TRIPOOI,Notary Public City et RHadelphir.,Phila. (arty OffGoranrkNioe 64lir"es ALIT 31,2031 r LA-- g. Michel Trip di, Notary Public My com ission expires 07/31 2021 CERTI FICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 8, 2018 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 184'h day of ceekrr b' ,20 11 gp, r, ,s . 4,4,44, -.k Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 Ogianc Philadelphia, PA 19102 4r cunromxt �4 SEAL rs'n � .....„)fssonri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.