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#12/11/2019 Agreement dR COURTQ\11 °.*:-7- #• Kevin Madok, CPA '01*:-.-i'=-V ' Clerk of the Circuit Court&Comptroller—Monroe County, Florida 1\~�6C0.1N`i DATE: December 18, 2019 TO: Beth Leto,Airports Business Manager FROM: Pamela G. Hanco 4 of.C. SUBJECT: December 11th BOCC Meeting Attached is an electronic copy of the following item for your handling: C14 Contract with the second lowest bidder DL Porter Constructors, Inc. in the amount of$1,896,432.00 for the Departure Hall Renovations-Restrooms, Pet Relief Station and Hold Room Expansion Project at the Key West International Airport as the lowest bidder did not meet the established DBE participation goal of 10.2%.The project is being paid from Fund 406 Passenger Facility Charge (PFC#18); FDOT Grant GOR05; and/or Airport Operating Fund 404. 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 06/2019 Monroe County Departure Hall Renovations--Restroom,Pet Relicf and Hold Room Expansion Design SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Departure Hall Renovations — Restroom, Pet Relief Station and Hold Room Expansion Design Key West International Airport Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract D.L. • Porter Constructors, Inc. C tractor - t By: Ga .Loer Title: Presi ent CONTRACT 11-2 Key West International Airport 06/2019 Monroe County Departure Hail Renovations—Restroom,Pet Relief and Hold Room Expansion Design INTENTIONALLY LEFT BLANK CONTRACT II-3 Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom,Pet Relief and Hold Room Expansion Design SECTION D CONTRACT Departure Hall Renovations — Restroom, Pet Relief Station and Hold Room Expansion Design Key West International Airport THIS AGREEMENT made and entered into the II 4 t' day of Oe.ce v+-i t�� 2-°t 1 by and between D.L. Porter Constructors,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: Departure Hall Renovations —Restroom. Pet Relief Station and Hold Room Expansion Desiqn 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 three hundred and sixty-five (365) 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: The contract lump sum of: one million eight hundred ninety-six thousand four hundred thirty-two Dollat's ($1,896,432.00)Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. CONTRACT II-4 Key West International Airport 06f2019 Monroe County Departure Hall Renovations---Restroom,Pet Relief and Hold Room Expansion Design County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the percentage of completion of each. portion of the Work as of the end of the period covered by the Application for Payment. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included,that the work remains uncompleted,which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such CONTRACT II-5 Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom,Pet Relief and Hold Room Expansion Design 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 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. CONTRACT 1I-6 Key West International Airport . 06/2019 Monroe County Departure Hall,Renovations Restroom,Pet Relief and Hold Room Expansion Design (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. 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 CONTRACT . . II-7 Key West International Airport 0612019 Monroe County Departure:Hall Renovations—Restroom,Pet Relief and Hold Room Expansion Design claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the.COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted.The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of, CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 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 riot 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: CONTRACT I1-8 Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom,Pet Relief and Hold Room Expansion Design FOR COUNTY: (FILL IN) Richard Strickland • 3491 South Roosevelt Blvd. Key West,FL Florida 33040 FOR CONTRACTOR: D.L.Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota,FL 34238 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. CONTRACT II-9 Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom,Pet Relief and Hold Room Expansion Design 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 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 CONTRACT II-10 Key West International Airport 06/2019 Monroe County Departure Hall Renovations-Restroom,Pet Relief and Hold Room Expansion Design 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 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)Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race,color,sex, religion,national origin,ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONTRACT 1141 Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom,Pet Relief and Hold Room Expansion Design 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. pg 9 D.L.Porter Constructors,Inc. 69\/ *_ { (coi ctor) „�", ' rr- _.., `\ ' .a .� o County Board of / .6 4,i ce V G 4 Commissioners) ''4'P' .'t‘'.. 1:e43,4,6‘iLli*411/1 By: //,:✓.:a.4d ' fie_e Z«.` zCC�UGa oer u...WY, _ Title: President Title: DEPUTY CLERK President* WITNESS: s„ WITNESS: Coleen A.Castagna STATE OF M ROEE ATTORNEY FLORIDA PE NTY ATM COUNTY OF SARASOTA Date �! I, the undersigned authority,a Notary Public in and for said County and State hereby certify that Gary A.Loer whose name as President of U.L.Porter Constructors, Inc. 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 22nd day of November, 2019 . n Notary 1 3 _ ��� Nota Public -' `-� "" n Kim McGinnis "' n.1 m r- c, t7 *Who is authorized by the corporation to execute this contract. �,= , o CO 37) KIM MCGINNIS . , n - - NOTARY PUBLIC - w p STATE OF FLORIDA -71 NO.as 288458 �— MY COMMISSION EXPIRES FEB.24,2023, co CONTRACT I1-1 2 1 Key West International Airport 0672019 Monroe County Departure Hall Renovations-- Restroom, Pet Relief and Hold Room Expansion Design INTENTIONALLY LEFT BLANK CONTRACT I I-13 Client#:4463 DLPORTER ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY)1/02/2019 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(les)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 any rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: • Bouchard Insurance,Inc. PHONE 727 447-6481 IRA 727 449-1267 101 N Starcrest Dr. E-MAILo,Ext): (AIC,Nor. E-MAI certificates@bouchardinsurance,com ADDRESS: Clearwater,FL 33765 INSURER(S)AFFORDING COVERAGE NAIC# 727 447-6481 INSURER A:Colony Insurance Co 39993 INSURED INSURER B:Travelers Excess&Surplus Lines Co 29696 D L Porter Constructors,Inc. INSURER c:Amerisure Mutual Insurance Company 23396 6574 Palmer Park Circle INSURER D:Old Dominion Insurance Company 40231 Sarasota,FL 34238-2777 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY'I?AID CLAIMS. LTRR TYPE OF INSURANCE NNSR WVn POLICY NUMBER IMMI O/YrnI JF MMIDD/YVYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 103GL001647505 01/01/2019 01/01/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES fEa occarrenoet $100,000 X BI/PD Ded:2,500 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO. POLICY JECT X I LOCH PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D COMBINED SINGLE LIMIT AUTOMOBILE Y Y B1T3307V 01/01/2019 01/01/2020 (Eaacoident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED r—SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ _ X HIRED ONLY X NON-O AUTOWNED SONLY PROPERTY DAMAGE (Per accident) $ B UMBRELLA LIAB OCCUR Y Y ZUP81N0856418NF 01/01/2019 01/01/2020 EACH OCCURRENCE s5,000,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION$° _ $ C WORKERS COMPENSATION Y WC208074507 01/01/2019 01/01/2020 X STAT'ITF FR OTTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 , OFFICER/MEMBER EXCLUDED? y N/A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $500,000 : If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 , C Leased/Rented IM2059364 01/01/2019 01/01/2020 $100,000 Equipment Ded:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) **Workers Comp Information** Proprietors/Partners/Executive Officers/Members Excluded: OP AMBIT Gary Loer,President BY Marshall White,Vice-Pres DA ttvir . (See Attached Descriptions) tot)1 Ctehrr • CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOARD OF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. ' 500 WHITEHEAD ST KEY WEST,FL 33040-0000 AUTHORIZED REPRESENTATIVE 1! I Y, 01988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03). 1 of 2 The ACORD name and logo are registered marks of ACORD i #S989325/M989238 MIKKO DESCRIPTIONS (Continued from Page 1) Certificate holder is additional insured as respects General Liability,Auto and Excess Liability only if required by written contract,and subject to the terms,conditions and exclusions as specified in the policy. Waiver of subrogation applies in favor of certificate holder as respects General Liability,Auto,Excess Liability and Workers Compensation only if required by written contract,and subject to the terms, conditions and exclusions as specified In the policy. • Coverage Is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. It is agreed by endorsement to the Workers Compensation policy that this policy shall not be cancelled by the insurance carrier without first giving sixty(60)days prior written notice except for nonpayment of premium or if the first named insured elects to non renew. 30 DAY NOTICE OF CANCELLATION • • SAGITTA 25.3(2016/03) 2 of 2 #5989325/M989238 UMBRELLA 0 ' POLICY NUMBER: ZUP-81N08564-19-NF ISSUE DATE: 01/25/19 0 o THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE • This endorsement modifies insurance provided under the following: o EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE 0 8 Commercial General Liability • Limits Of Liability Carrier: COLONY INSURANCE COMPANY 0 General Aggregate $2,000,000* 0 i Policy AS PER SCHEDULE ON FILE WITH Products-Completed * Number: THE COMPANY Operations Aggregate $2,000,000 i Personal and Advertising Injury $1,000,000 m Policy Period • z From: 01/01/2019 Each Occurrence $1,000,000 to: 01/01/2020 m N • 0 Automobile Liability Limits Of Liability V N Carrier: OLD DOMINION INSURANCE COMPANY • * Bodily Injury And Property Damage • Combined Single Limit $1,000,000 Policy. B1T3307V Bodily Injury Each Number: Person $ cmigtiimt Bodily Injury Each $ Policy Period Accident SEEM From: 01/01/2018 • MEM= to: 01/01/2020 Property Damage Each $ iiiii Accident Employers Liability Limits Of Liability smgem ® Carrier AMERISURE MUTUAL INSURANCE Bodily Injury By Accident COMPANY MZI Each Accident $500,000** Policy AS PER SCHEDULE ON FILE WITH Number: THE COMPANY Bodily Injury By Disease MEN _ Policy Limit $500,000** Policy Period • • Each Employee ' $500,000** From: 01/01/2019 to: 01/01/2020 *$2,000,000 PER PROJECT AGGREGATE WITH A $5,000,000 CAP **UNLIMITED IN THE STATE OF NEW YORK FOR SUBJECT EMPLOYEES PRODUCER: BOUCHARD INS-CLEARWATER ' OFFICE ALPHARETTA, GA EU 00 03 08 18 ® 2018 The Travelars Intloennity C.,..,ns..., • N' w Q • UMBRELLA g POLICY NUMBER: zuP-81N08564-19-NF ISSUE DATE: 01/25/19 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE - CONTINUED This endorsement modifies insurance provided under the following: o° EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Type Of Coverage: EMPLOYEE BENEFITS LIABILITY Limits Of Liability $1,000,000 EACH CLAIM Carrier: COLONY INSURANCE COMPANY $1,000,000 AGGREGATE • RETRO DATE: 01/01/2014 * Policy AS PER SCHEDULE ON FILE WITH THE • u, Number: COMPANY c Policy Period m From: 01/01/2019 0 to: 01/01/2020 a Type Of Coverage: Limits Of Liability Carrier: Policy • Number: Policy Period From: am to: Type Of Coverage: Limits Of Liability Carrier et Policy Number: _ Policy Period From: to: PRODUCER BOUCHARD INS-CLEARWATER OFFICE: ALPHARETTA, GA EU 00 04 07 16 0 2016 The Travelers Indmmniw r- All o.•.... _s t. Construction Services Group 441l aIt November 21, 2019 D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 Re: Type of Bond: Performance Bond&Payment Bond Bond Number: 016217928 Obligee: Monroe County Board of Commissioners Description: Departure Hall Renovations -Restroom, Pet Relief Station and Hold Room Expansion Design, Project No. GAKAP 154 Bond Amount: $1,896,432.00 Dear Kim: At the time the captioned bonds were executed, a contract date had not yet occurred. Therefore the-bonds were issued as undated bonds. Please let this letter serve as authorization for D.L. lPorter Constructors, Inc. and/or Monroe County Board of Commissioners to date"the bondlorins = and"p lyyer•s %f attorney-;at•time of.submissionto=the-City. Please do:Heil:hesitate to contact us should you have any questions. Sincerely,- Anett Cardinale Attorney-in-Fact Florida Licensed Resident Agent Liberty Mutual Insurance Company Alliant Insurance Services, Inc.•3001 North Rocky Point Drive East,Suite 200,Tampa,FL 33607 PHONE(813)281-4645 •www.alliant.com• License No.0C36861 11.1„ This Power of Attorney limits the acts of those named herein,and they have no authority to r-n. bind the Company except in the manner and to the extent herein stated. .� `�'' Liberty Liberty Mutual Insurance Company r ' Mutual© The Ohio Casualty Insurance Company Certificate No:8201460-986973 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, Anett Cardinale;David H.Carr;Margaret A.Ginein all of the city of Tampa state of FL 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. 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 25th day of June , 2019 . Liberty Mutual Insurance Company G gR ' 'P v% %HS u/i, The Ohio Casualty Insurance Company JQ' we .11, JQGoarory,g es oaP0FG,4+ West American Insurance Company 5.,a t ° 043 F yv,, ` r F °m* 1912 y 0 ° 1919 0 1' 1991 0 /� N r9s � 3 is .� ys° 6 l fn d� S4CH,15 ,db ° NAMPs�.db Ys ao101' ab$ 4 ' C a) 'Pi) * 0 J'yl * 0 • N * 0' By: 'rn David M.Carey,Assistant Secretary SD -t- State of PENNSYLVANIA T - 2 County of MONTGOMERY ss cu o a) On this 25th day of June , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o m 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=H a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c.)w > a) 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 o. o 0 C'fn P PAS CO O N ¢if,5,,,or+wF TIC COMMONWEALTH OF PENNSYLVANIA Q o' ��z y Notarial Seal /f\ ��t, -,, 0 73 ai O OF Teresa Pastella,NotaryPublic /L4t4 /.(�, e�//{Q�J_ O 0) Upper Merion Twp.,Montgomery County By: a) C ai ',. a My Commission Expires March 28,2021 E +sYuiP�o sa Pastella,Notary Public o m 0)— d' 6'\ Member,Pennsylvania Association of Notaries a O Cr) ',IPA,p� m CD co 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 o.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aoi ) 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 -o >, 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 >CD 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 N 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 ""'°D z � 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 4`--co 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. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o 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—.— 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 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 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- 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 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. - I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American insurance-Compapy cjo 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 once agd effectr-and, has not been revoked. � e / -' IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of �,�,1-4 4YJ`& -. . V 1Nsu,i, 01 INsp 1NSUR - _ AJ1-ov.R4 44.. ceooapoRyr,92 `6PcoaPorty 9Z - = - .. 3 rS T 2 Fo Ct . rt cio > ;• 1912y 0 — r1919 o . 1991 0 L — !". i,`.f- _ _. B ~d,�9SS4CHUe .db -,%0AMP°,,,4b YS %NDIMO .4b Y Renee C.Llewellyn,Assistant Secretary - - - LMS-12873 LMIC OCIC WAIC Multi Co_062018 Bond No. 016217928 Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal stems and address) (Name,legal status and principal place of business) D.L. Porter Constructors, Inc. Liberty Mutual Insurance Company 6574 Palmer Park Circle 175 Berkeley Street This document has Important legal Boston, MA 02116 consequences.Consultation with Sarasota, FL 34238 Mailing Address for Notices an attorney is encouraged with respect to its completion or Same as above modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of Commissioners plural where applicable. 1100 Simonton Street, Ste. 2-213 Key West, FL 33040 CONSTRUCTION CONTRACT Date: December 11, 2019 Amount:$ 1,896,432.00 One Million Eight Hundred Ninety Six Thousand Four Hundred Thirty Two Dollars and 00/100 Description: (Name and location) Departure Hall Renovations-Restroom, Pet Relief Station and Hold Room Expansion Design, Key West International Airport, Monroe County, Florida, Project No. GAKAP 154 BOND Date: December 11, 2019 (Not earlier than Construction Contact Date) Amount:$1,896,432.00 One Million Eight Hundred Ninety Six Thousand Four Hundred Thirty Two Dollars and 00/100 Modifications to this Bond: IN None Scc Section 16 ` CONTRACTOR AS P CIPAL SURETY Company:_ - (Corporate Seal) Company: (Cor to al}' D L:Porter Cons cto In Liberty Mutual Insurance C puny P,- Signature: Signature: Name = Anett Cardinale - - - -;and Gary A. Loe and Title: Attorney-in-Fact President &FL Licensed Resident Agent (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Architect,Engineer or other party:) 3001 North Rocky Point Drive East, Suite 200 Jacobs Tampa, FL 33607 3750 NW 87 Ave., Ste.750 Miami, FL 33178 (305)718-0599 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner,or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.6 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. §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address This Power of Attorney limits the acts of those named herein,and they have no authority to or r� bind the Company except in the manner and to the extent herein stated. '' Liberty� Liberty Mutual Insurance Company rj Mutual© The Ohio Casualty Insurance Company Certificate No:8201460-986973 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, Anett Cardinale;David H.Can;Margaret A.Ginem all of the city of Tampa state of FL 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. 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 25th day of June , 2019 . Liberty Mutual Insurance Company v tNSUR ,SV INSU tNSUR The Ohio Casualty Insurance Company ti`'0t5P°R-1, + y`� aoaPOR4r�y �cY" pivOR4 44, West American Insurance Company >, g 3 tat, O4- z t m W 3 Foto v 1912 0 1919 1991 /� to n y: SR s en adSCus-,-d - 'PHAMp9' AO � ,OIAN a C 0)c David M.Carey,Assistant Secretary as - State of PENNSYLVANIA > "o = County of MONTGOMERY ss m O o On this 25th day of June , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o 2 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 m al > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c..r LU a� n' 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. a)Q a Eo C N PAS $co ca a) Q*�`'Por+w-.rC COMMONWEALTH OF PENNSYLVANIA / �� 0 `s�y Notarial Notaealry ,�f����^-�� 0 C � O OF Teresa Pastella,Nota Public �.,GL � o 0)) Upper MerionTwp.,Montgomery County By: a) C ,Q My Commission Expires March 28.2021 E erase Pastella,Notary Public o m O)-, 2CI:1W PU v� Member,Pennsylvania Association of Notaries a p C as 0) to O (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 o.. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aoi N ARTICLE IV-OFFICERS:Section 12.Power of Attorney. `T 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• Q as 72 a 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 >o is 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 t N > 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 '"°O zinstruments 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 4,--co 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. o , o ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o 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, t—.— 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 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 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- 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 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. I,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 11 th day of Dec emb er. 2019. V tNSUR ,SY INSU,p� _ - tNSU;p , rpskPoaq,�o20tn Y =`°RPo ,. yC' ,,oaPoki,,o4nctt Ill 3 1912 q o o 1919- o a _'19911• ov r 9S 0 3 S �"3 --- , - _ 3 By, 1...,-diax4,-- , ) ticnu5��,�a c) RAMps-.,b '�S�9Lko*�a Renee C.Llewellyn,Assistant Secretary ,r ti ,t ), M t LMS-12873 LMIC OCIC WAIC Multi Co_062018 • Bond No. 016217928 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Nance,legal status and principal place of business) D.L. Porter Constructors, Inc. Liberty Mutual Insurance Company 6574 Palmer Park Circle 175 Berkeley Street This document has important legal Boston, MA 02116 consequences.Consultation with Sarasota, FL 34238 Melling Address for Notices an attorney is encouraged with respect to its completion or Same as above modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of Commissioners plural where applicable. 1100 Simonton Street, Ste. 2-213 Key West, FL 33040 CONSTRUCTION CONTRACT Date:December 11, 2019 Amount:$1,896,432.00 One Million Eight Hundred Ninety Six Thousand Four Hundred Thirty Two Dollars and 00/100 Description: (Name and location) Departure Hall Renovations-Restroom, Pet Relief Station and Hold Room Expansion Design, Key West International Airport, Monroe County, Florida, Project No. GAKAP 154 BOND Date: December 11, 2019 (Not earlier than Construction Contract Dale) Amount:$1,896,432.00 One Million Eight Hundred Ninety Six Thousand Four Hundred Thirty Two Dollars and 00/100 Modifications to this Bond: ❑ None ® See Section 18 --_i CONTRACTOR AS CIPA SURETY _ 2 Company: Corporate Seal) Company: (Corporate Seal) DI. Porter Con uct I Liberty Mutual Insurance Comp Signature: Signature: • Anett Cardinale : " "Name r 1 . o e r Name _ and Title: 'Preside t and Title: Attorney-in-Fact & FL Licensed Resident Agent (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Architect,Engineer or other party.) 3001 North Rocky Point Drive,East, Suite 200 Jacobs Tampa, FL 33607 3750 NW 87 Ave., Ste.750 Miami, FL 33178 (305)718-0599 • §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §6 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and • .2 have sent a Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety faits to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds 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. • §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc 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; .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 pursuantto which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,Iight,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. §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 terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES,INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2),255.05(8)AND 255.05(10),ARE INCORPORATED IN THIS BOND BY REFERENCE. (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: Signature: Name and Title: Name and Title: Address Address • IOWThis Power of Attorney limits the acts of those named herein,and they have no authority to r bind the Company except in the manner and to the extent herein stated. ', \'1- Liber ` ty Liberty Mutual Insurance Company �.ai utua16 The Ohio Casualty Insurance Company Certificate No:8201460-986973 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, Anett Cardinale;David H.Can;Margaret A.Ginem all of the city of Tampa state of FL 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. 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 25th day of June , 2019 . Liberty Mutual Insurance Company tiJ,aN�sU d? JP,('( iNSpz 04 ttPouRgy The Ohio Casualty Insurance Company q). ,, 5 0o k„ y �a oo Far o West American Insurance Company >. as 7. r � 1" � r �O m w r � cn 1912 0 o 1919 g 1991 0 rn Y 9 y S� y Zli` �Vi O Q � � rn (n d�SSq CHUs�.da DNAMPsa`,da `e,s, �' lot- 4,0 C c David M.Carey,Assistant Secretary _ >, State of PENNSYLVANIA a s County of MONTGOMERY ss co O a) On this 25th day of June , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o 2 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 m I- m > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c.>Lu >+ m 5 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. n o `oo C•� /'P Pgsr .4 00 a) IJ/�4��'��Qf4yY F� COMMONWEALTH OF PENNSYLVANIA Q — L o .. y Notarial Seal o 0 a) o OF Teresa Pastella,Notary Public L N qC fi: O a) Upper Merion Twp.,Montgomery County By: a) • �Q MyCommission Expires March 28,2021 � A'SY1-vn` p Teresa Pastella,Notary Public o m a)-.—• OJQ IiY��'\- Member,Pennsylvania Association of Notaries o-0 0)a) to W .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 6 o.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o a)a) ) 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 m 12 72 >, President may prescribe,shall appoint such attorneys-in-fast,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o • 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.oe'Cr > ` 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 °O z 5 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 rN) 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. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o m 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,I—r'- 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 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 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- 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 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. I,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 a�fixed tile:-eals of said Companies this 11 th day of December, 2019. P�1NSUR4 _ 51`TNSpO `WSW? j Goµvogyr y� _ lyJ LoaPoagr'1 `CyP'cesµP°R4 44. t fn [f .' FO n .3 ? O to Lu * • 1912 [) ,tg 1919 0 1991 0 ci i e- SS4CHUs�4, SD y�HMPsli -,e ,Y-: ,.. , By:=a d s d Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 = Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom, Pet Relief Station and Hold Room Expansion Design SECTION L SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. GAKAP 154 for KWIA- Departure Hall Renovations- Restroom, Pet Relief Station and Hold Room. Expansion Design 2. This sworn statement is submitted by D.L. Porter Constructors, Inc. (name of entity submitting sworn statement) whose business address is 6574 Palmer Park Circle,Sarasota, FL 34238 and (if applicable) its Federal Employer Identification Number (FEIN) is: 65-0848440 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is Gary A. Loer and (please print name of individual signing) my relationship to the entity named above is President 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. BIDDING REQUIREMENTS AND CONTRACT FORMS I-35 Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom, Pet Relief Station and Hold Room Expansion Design 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) x Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) BIDDING REQUIREMENTS AND CONTRACT FORMS I-36 Kcy 'WeA hnenu'itiontfl AirPorl OW2019 mollr-("n! C junly DepatVitre I Ill IZeno 'Mw,,vA - Pet k6ef Station md [told, Rooni Expansion Doign The person or affiliate, was placed on the convicted vendor list There, has been a subsequent proceeding before a heading officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing aMcer determined that it was, in the pubfic interest 1[o remove the person or affifiate frorn the convicted vendor list. (Please attach -a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor fist. (Please describe any action taken by or pending with the Department of General Services,) Si'gna 'r rf Auth9riod Representative: A, .................................................. ry A oer President November 5,2,019 Title 0,at e STATE + F FLORIDA COUNTY OF ARASOTA The foregoing instirurrent was acknowiedged before me this S,th _day. of November 20 A by GarV A. Laer, President ............................ ............ (Sole, Corporation or Partnership) < o is personally known to m, ........................ ............................. EEEEHE'HT�� ass id e nt Ifl ca ti o n, a n d vv h o d d/d id not ta ko an oath, NT Arm" F'U8 O " ST _0 ATF F FLORIDA 140,OC.288456 �,Mj C,0MMj06ii0N eXPIP�S rEq,24,M3 Kim,McGinnis (Pidint name of Notary. Public), My Carnrnlssjan Expires February 24, 2023 111 DD1N G R 1,,QtJ TRF,?V1 FINTS AND CONTRA C]"'FOR,NTS' I-3'? K,ey hn(,,rnWioi1,nl Airport 06/20 19 'Monrov,C(n.vlty 1)eparh"Irc I tall Izenovallons, - Restroon't,Pet Rol cef Sta 1�iou wxl J.-Jold Roon,i 1;Apansion F)c.5-ign SECTION M SWORN STATEMENT UNDER 0 R!P1NAINCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Gary A. Loer, President warrants that (relit has not employed, retained or otherwise had act on hi lit behalf any former County officer or employee in viOatjon of'Section 2 of Or6n,ance No, 10-1990 or any County officer or ernplayee in violation of Section 3 of Ordinonce No. For breach or violation of thi:5 provi5ion the County, may, ri its dirrretioin, terminate this Gontract without liability and may also,, in its, discrabon, deduc�t from the Contract Or PL11'0111.'ise price or otherwise recover the full arnount of any fee:, oomrnission, percentage, gift or con sideraflon paid to thp"",f,p rmer Cc, affir er or employee. ild 'Al' iidenf Signature) �e Pr6 Date: November 5,20'jrq STATE' CF: FLORI',DA COUNTY OF: SARASOTA PERSONALLY APPEARED BEFORE ME the undersigned aluthority: Gary A. Loer, President ........... who, after first being sworin by, rne, affixed hiskm*sjgnat'Lfr (name of hidividual signing) in the space provided above on 'this, ............. day of Nov. 20 19 f NUAI (SigrI49tlffe of Notary PUNic, State of Florida at Large) kW-M--C,GlN:NlS, NOTARY PUBLIC Kirn McGinnis --S-'FATE OF FLORIDA ................................................................ NO GG 2884,66 (Print norms of Notairy l"Liblic) M COMIA"Orr'WIRE'fEE,24,2W My Cornm" ion Fxpires February 24,2023 RRQUf11F,'N)II',-,'N'J'S ANf) CO',N`fj�)�("j," F'OR,NIS V,3 8 I<cy Wesi: tnternati(�niad Airport 06/20 19 Monroe C(ranty I)�pafturc Mll Reslu"ooni, Pel. R.e lie t"Station and I Iol'd Roorn Exp"Insion Design SECTION Q NON-COLLUSION AFFIDAVIT 1, Gary,A.Loer Sara5ota -din of the cify Q'f accol g to law on my oath, and under penalty of perjury, deposa and say that. 1) i am President ofthe-Prmof D.L. Porter constructors, Inc, the bidder niaking the bid proposal for the project, described in the Notice for Calling for bids for: VVIA Departure Hall Renovations- Restroom, Pert relief Station and "old Room Expansion Design and that l executed the said authority 'to do so'. 2) The prices in this bid have been arrived at independently without collusion, consultation, cornrnunncatlon or agreemert for the purpose of restricting competition, as to any matter relating to such prices with a:ny other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knovolingly disclosed by the bidder and w!] riot knowingly be disclosed by the bidder prior to bid opening, directlY or indirectly, to any other bidder or to any competitm and 4) No afterrlpt has beeii made or witl be made by the bidder to induce any ether person,, partnership or corporation to submit, or not to submit, a bid for the purpose of restriefing cornpetidonl 5) The statonients contained in this affidavit are true and correct, and rnade with fall knowledge that M06 oe co,upty"IreHes upon the truth of, the statements contained in this affidavit in a w a ir'o, ,;kf6 qpn1rap(p,,kr said pr9ject, Novemb ........................................... (Sign,W46ofrthe l nd er) Gary, . Loer, President (Date) STATE OF: FLORIDA COUNT" RASOTA l HEREBY CERTIFY that. I have read the forqoing application and that the facts stated herein are, trie and correct to the Ibe,st of my knowledge arid belief'. Perscnally ap,poaired before me,the undersigned authority, t:tllresident who, after first being sworn, by nie, (narne of ind[vidu"'31 signing) of hWhor signature in The space provided above on this 5th —day of Near foregoing document. %QW1 i i 011,1111 11, ul MCGINNIS Notwy PUb1jC�4i/_Lr_-, Kim McGinnis NOTARY PUBLIC STATE RON OF DA ()Ii N,C) GG 288466 ' .. My commission expires" FM ebr ,ry Z4 2023 WCOmm�83n%EXP IM RES FEE,24.20]23 ' 2 BIDDING RE()1JlRFM[,.NTS AND CONTRM-1,TFORMS 1-48