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03/31/2020 Agreement Customs Facility --Terminal Annex Repairs, Key West International Airport Renovation & Equipment CONTRACT Customs Facility-Terminal Annex Repairs, Renovation & Equipment Key West International Airport THIS AGREEMENT made and entered into the i rt day of MAjv,( , 2020 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: Customs Facility-Terminal Annex Repairs, Renovation & Equipment 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 Notice-to-Proceed (Construction) issued by the Owner and shall fully complete all work hereunder within three hundred (300) 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: A lump sum of Two Million Nine Hundred Thirty-One Thousand Two Hundred Twenty-Three Dollars ($2,931,223.00). 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. 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. MJ No. 18221.02 11—Contract—1 Customs Facility -Terminal Annex Repairs, Key West International Airport Renovation & Equipment i 5. A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. C. CONTRACTOR shall submit to COUNTY 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. 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. MJ No. 18221.02 11 -Contract-2 i Customs Facility--Terminal Annex Repairs, Key West International Airport Renovation & Equipment 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. (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. MJ No. 18221.02 11 —Contract—3 Customs Facility--Terminal Annex Repairs, Key West International Airport Renovation & Equipment If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release,alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 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, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD _HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. i 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. MJ No. 18221.02 11—Contract---4 Customs Facility —Terminal Annex Repairs, Key West International Airport Renovation & Equipment The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification I provided for above. 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. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Director of Airports County Attorney's Office 3491 South Roosevelt Blvd. AND 1111 121h. Street, Suite 408 Key West, Florida 33040 Key West, Florida 33040 FOR CONTRACTOR: D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 MJ No. 18221.02 11 —Contract—5 Customs Facility_..Terminal Annex Repairs, Key West International Airport Renovation & Equipment i 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the e n fo rce m en t or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of- pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i MJ No. 18221.02 11 —Contract---6 Customs FacilityTerminal Annex Repairs,-- p Key West International Airport Renovation & Equipment 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT:The terms, covenants,conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY,when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY,-except to the extent permitted by the Florida - constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,-entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. MJ No. 18221.02 11—Contract—7 Customs Facility —Terminal Annex Repairs, Key West International Airport Renovation & Equipment 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 24. NONDISCRIMINATION. The parties agree 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. The parties agree 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, as amended(20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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,§§523 and 527(42 USC§§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§§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment 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. 25. COVENANT OF NO INTEREST. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 26. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 27. ETHICS CLAUSE. Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and MJ No. 18221.02 II—Contract—8 ADDENDUM NO. 1— DECEMBER 23, 2019 Customs Facility....Terminal Annex Repairs, Key West International Airport Renovation & Equipment may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 28. ATTESTATIONS. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 30. MUTUAL REVIEW.This agreement has been carefully reviewed by Contractor and the County,therefore this agreement is not to be construed against either party on the basis of authorship. i i 4 MJ No. 18221.02 11 —Contract—9 Customs Facility—Terminal Annex Repairs, Key West International Airport Renovation & Equipment 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. (SEAL) BOARD OF NTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MO 0 ry, FLORIDA By__ �. BY Deputy Clerk Mayor/Chairma m T Witnesses for CONTRACTOR: 4Signof tprso w Signature authorized to legally . bind rporatiorf. Print Name F Print Name Date: 4 �`�� `;, �,� _ Date: Ac� Signature NFiOE C TY UN ATitORNEY AOVFORM Print Name ASS[ P J. NTY ATTORNEY Date:_ STATE OF FLORIDA COUNTY OF t 10v1 a On this 31 k day of _&2krto 20 _, before me, the undersigned notary public, - personally appeared..­.iZorpar &iaffrxi. _ , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the purposes herein contained. Notary Public NOTARY PUBLIC STATE OF FLORIDA Camm#FF994388 1&E)0r9s7fflrAW MJ No. 18221.02 II —Contract-- 10 ADDENDUM NO. 1 —DECEMBER 23, 2019 Doc#2269558 Bk#3027 Pg#154 Recorded 6/16/2020 at 4:02 PM Pages 13 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK REC:$112.00 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutum. The Ohio Casualty Insurance Company Certificate No:8201460-986973 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company Is a corporation duty 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 corpora0on duly organized under the laws of the State of Indiana(herein collectively called the'Companie87,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Anett Cardinale;David H.Carr;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-in4act 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 duty 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 1NSU Z`t INS& 1NSU The Ohio Casualty Insurance Company 3so�O�j�°b~CN West American Insurance Company 1912 1919 1991 c 0 O y N dE988ACNUe�a NANP � '( �'OIANI' D � c of ���) * �Ht * �� s''M * t•�a By: y David M.Carey,Assistant Secretary .r 2 State of PENNSYLVANIA `o M County of MONTGOMERY Its tm aa) On this 25th day of June 2019 before me personalty appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance c o 2 Company,The Ohio Casually Company,anffWa t American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes W y> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 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. m E c o lO o0 p Q� poNWST�( COMMONWEALTH OFPENNSYLVANIA ��;;®®®®-�`� O Notarial Seat /G'�Z�C.c��ty w C �N ~ ° 0P = Teresa Paslella,Notary Publ c p$11 Upper MerlonTwp.,Montgomery County By: C�p � S My Commission Expires March 28 2021 E U. Teresa Pastella,Notary Public o m N � .iJ Member,PermwA nle Association of Notaries ILO P�� ma Q dThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual'S o E- Insurance Company,and West American Insurance Company which resolutions are now in fug force and effect reading as follows: o E ai ARTICLE N—OFFICERS:Section 12.Power of Attorney. dt ,Q LO 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 'g President may prescribe,shall appoint such attomeys-In-fact,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 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such , Z v Instruments shall be as binding as lf signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-In-fact under the 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. 2 d ARTICLE Xlti—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,~ shall appoint such attorneys-III-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,reoognizances and other surety obligations.Such attomeys-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. Cerrtificate of Designation—The President of the Company,•acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys4n- 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, 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which thaforegoing 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. •. -'_ - - '. r� I IN TESTIMONY WHEREOF,I have liai6nto set my hand and affixed the seals of said Companies this ol) day of7. 1NSr/ ZY.INS& d 1NSU ,��pco�iPORa�p `�°�0N4r� oP °aPo'�r y� a3° FOT. d��Ar Hoeg. a O- NgarPB t, Ya N°,ANP da Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Cc_062018 Doe.#2269558 Page Number: 2 of 13 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S.Chapter 255.05(1)(a) Bond No.016217933 CONTRACTOR: Name: D.L.Porter Constructors,Inc. Address: 6574 Palmer Park Circle Phone No. (941)929-9400 Sarasota,FL 34238 SURETY: Name: Liberty Mutual Insurance Company Phone No.(617)357-9500 Address: 175 Berkeley Street Boston,MA 02116 OWNER: Name: Monroe County Board of Commissioners,Key West,Florida Address: 1100 Simonton Street,Ste.2-213 Phone No. (305)2944641 Key West,FL 33040 OBLIGEE: (If contracting entity is different from the owner,the contracting public entity) Name: Address: Phone No. Bond Amount: $2,931,223.00 Description of Work: Customs Facility—Terminal Annear Repairs,Renovation &Equipment Project Location: Key West International Airport,Monroe County,Florida FRONT PAGE All other Bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be re-printed thereon. Doe.#2269558 Page Number:3 of 13 Bond No. 016217933 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Nance,legal stanrs and address) (Name,legal status and principal place of bttsiness) D.L. Porter Constructors, Inc. Liberty Mutual Insurance Company 6574 Palmer Park Circle 175 Berkeley Street This document has Important legal Boon, MA 02�1 consequences.Consultation with Sarasota, FL 34238 Ma ling Address orNotices an attorney Is encouraged with respect to its completion or Same as above modincatl6n. OWNER: Any singular reference to (Name,legal stators and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of Commissioners, Key West, Florida plural where applicable. 1100 Simonton Street, Ste.2-213 Key West, FL 33040 CONSTRUCTION CONTRACT Date: Amount:$2,931,223.00 Two Million Nine Hundred Thirty One Thousand Two Hundred Twenty Three Dollars and 00/100 Description: (Name and location) Customs Facility-Terminal Annex Repairs, Renovation&Equipment-Key West International Airport, Monroe County, Florida BOND Date: - (Not earlier than Commrction Contract Date) Amount:$2,931,223.00 Two Million Nine Hundred Thirty One Thousand Two Hundred Twenty Three Dollars and 00/100 Modifications to this Bond: Nona ® See Section 18 --CONTRACTOR AS P C1PAL SURETY Coiripagy:: rate seal) Company: rporate Seal =— D1-Portei=Cans tors c. Liberty VZ ce C - ,''Signature h` Signature: ' Anett Cardinale ' Nernc ',,;Gary Loer Name ,: and Title: President and Title: Attomey-in-Fact& Florida Licensed Resident.Rgent. (Arty additional signatures appear on the last page of thisPayntent Bond) (FOR INFORMTIONONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Architect,Engineer orotherparo) 3001 North Rocky Point Drive East,Suite 200 Tampa,FL 33607 (813)415-1864 Doc.#2269558 Page Number: 4 of 13 §1 Ilia 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 famished fbr 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,indemnities and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment fbr labor,materials or equipment famished 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 famished 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 hamiless 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: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have lumished a written notice ofnon-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,f nnishod or supplied or for whom the labor was done or perforated,within ninety(90)days after having last performed labor or last famished 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 are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described In Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to famish 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 Ibr which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.7,the Surety shall indemnity the Claimant for the reasonable attornWs 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 fbr any payments made in good fldth by the Surety. 19 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 ail 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 Owners priority to use the funds for the completion of the work., Doc.#2269558 Page Number: 5 of 13 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that am 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 Chriments under this Bond. §11 The Surety hereby walves 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 coinpetent jurisdiction In the state in which the project that is the subject of the Construction Contractos located or after the expiration of one year from the date(1)on*hich 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)Brit occurs.If the provisions of this Paragraph am 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 flunished 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 hereftin and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so famished,the intent is that this Bond shall be con*ucd 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 Finnish 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 pursuant*to which tabor,materials or equipment was famished for use In the perfbrmaace of the Construction Contract .4 a brief description of the labor,materials or equipment flnmished; .6 the date on which the Claimant last performed labor or last famished 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 famished as of the date of the Claim; .7 the total amount ofprcvlous payments received by the Claimant;and, .8 the total amount due and unpaid to the Claimant fbr 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 flwLsh labor, materials or equipment for use in the performance of the Construction Contract.The tam Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mcchanio%lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to Include without limitation In the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contraot,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 time Contract Documents. Doe.#2269558 Page Number: 6 of 13 §16.4 Owner Default.Failure of the Owner,which bas 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. §16.6 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 dccmcd to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: THE PROVISIONS AND LZaTAMONS OF SECTION 255.05 FLORIDA STATUTES,INCLUDING BUT NOT Lai=TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2),255.05(8)AND 255.05(10),ARE INCORPORATED IN THIS BOND BYREFERENCE. (Space is provided below for additional signatures of added parties,other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Nome and Title: Name and Title: Address Address Doc.#2269558 Page Number: 7 of 13 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. -• Liibe-,rt_r Liberty Mutual Insurance Company mu l,um. 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 underthe 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.Ginern all of the city of Tampa state of FL each individually If there be more than one named,its true and lawful attomey-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,recognlzances and other surety bbligations,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 PV 1NSU� ,y tY INSU,Q, a rNsu� The Ohio Casualty Insurance Company 3`P��'rOby°m ro:F OlyrbTyc+ °"P0'� c� West American Insurance Company Y 61912 y=1919 c s 1991 $ �c��y rdJv�7q*oba o ypq*Pa es�Mo*N*�aa By. / 16 c David M.Carey,Assistant Secretary State of PENNSYLVANIA 3 ss County of MONTGOMERY M 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 o o 2 Company,�i a 6No CasuaTG m�andTAmerican Insurance Company,and that he,as such,being authorized so to do,execute the foregoing Instrument for the purposes=I'- W 9 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W 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. ar t0v co p ��PoNwF PAS, _.,t COMMONWEALTH OF PENNSYLVANIA Q ��Quo Yi1 y Notarial Seale O C G OF Teresa Pastalla,No Public p r Upper MertonTwp.,Montgomery County By: �NyytVP o My P aission Expire" ms erase Pastella,Notary Public to lit" gRY tr+�� o a O N 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.S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o E a; ARTICLE IV-OFFICERS:Section 12.Power of Attorney. ,Q 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.0 President may prescribe,shall appoint such attorneys-fn-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o m any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall A 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 r 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 attomey-in-fact under the M 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. $VI ARTICLE)III-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 019 shall appoint such attorneys-in-fart,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 it 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 attomeys-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,reoognizances 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. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attoreey of tarhich 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 hemunto*set my hand.and affixed the seals of said Companies this day of V 1Nat/ INSV�Q, d 1Nat/q — ,'_-_� ga�.`1P3�'"p avo � t+� - �S��o•a Po pgrb°�ZCm+ a4 P3°o ar04 b I :19r2 � 1991a t �o r r v r s $ yam "���94CNUbF' a �� xnrnvs Ada rw�aorna��.daRenee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 Doc.#2269558 Page Number: 8 of 13 Bond No. 016217933 Document A312 TM -- 2010 Conforms with The American institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Nance,legal status and principal place of buslness) 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 modlticallon. OWNER: Any singular reference to (Name,legal statics and address) Contractor,Surely,Owner or other party shall be considered Monroe County Board of Commissioners, Key West, Florida plural where applicable. 1100 Simonton Street, Ste. 2-213 Key West, FL 33040 CONSTRUCTION CONTRACT Date: Amount:$2,931,223.00 Two Million Nine Hundred Thirty One Thousand Two Hundred Twenty Three Dollars and 00/100 Descripdon: (Name and location) Customs Facility-Terminal Annex Repairs, Renovation&Equipment-Key West International Airport, Monroe County, Florida BOND Date: (Not earlier than Constmedon Contract Date) Amount:S 2,931,223.00 Two Million Nine Hundred Thirty One Thousand Two Hundred Twenty Three Dollars and 00/100 Modifhations to this Bond: ® Nona Sec Section 16 `GONTRA0f0R AS PRIN PAL SURETY 1oinpany:= — _ (Corpora al) Company: (Corpocrrte Seal)' :P ,t). •'Porter Qbnstruc , Inc. Libe&utual Ins rance Comp `y. \ rr ilpature:.` Signat Name Gary A. Loer Name Anett Cardinale ° and Title: President and Mae: Attorney-in-Fact& ,• r f '- Florida Licensed Resident Ag iit, -,f (A►ry additional signano cs appear on the last page Othis Performance Bond) (FOR INFORAM77ON ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Architect,Engineer orotherporty:) 3001 North Rocky Point Drive East,Suite 200 Tampa,FL 33607 (813)415-1864 Doc.#2269558 Page Number: 9 of 13 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrator;,successors and assigas 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 declering a Contractor Default.Such notice shall indicate whether the Owner is requesting a conferenco 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(S)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 tight,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 perfbnn the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement In Section 3.1 shag 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 end complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract Itsel&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 performanco 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 now 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 reftrses 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. Doc.#2269558 Page Number: 10 of 13 §7If 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 then 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 S;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 5.1,53 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 am unrclatcd 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 Constnretion 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 pact of the worts is located and shall be Instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased worldng or within two years after the Surety refiuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph arc void or prohibited by law,tine 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 fiunished to comply with a statutory or other legal requirement in the location whom the construction was to be performed,any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herchom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so f mibhcd,the intent is that this Bond shall be construed as a statutory bond and not as a common lawbond. §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 or 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. §16 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. Doc.#2269558 Page Number: 11 of 13 §18 Modilicatlons to this bond are as follows: (Space/s provided below for additional signatures of added partlas,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 Tide: Address Address Doc.#2269558 Page Number: 12 of 13 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutu5la The Ohio Casualty Insurance Company Certificate No:8201460-986973 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duty 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°Compantesl,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Anett Cardinale;David H.Carr;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 attomey-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 it 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 P� 1Nsu, ��Y INS& 1NS(j The Ohio Casualty Insurance Company A.J _4L �6 3A'DIANP No Dcca West American Insurance Company 19 1991 y U) pA° 0 �C By: David M.Carey,Assistant Secretary Slate of PENNSYLVANIA County of MONTGOMERY ss m tMm m On this 25th day of June 2019 before me personalty appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a 462 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= 17) a)> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. uJ 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. W Q p N �oPoNwF T�! COMMONWEALTH OF PENNSYLVANIA y Q eat C ��Q�JN' 4�2 ty Notarial Teresa Pesteila,Notary otary Public �2� -ate ` C +�+ OF 0) Upper MerlonTorp.,Montgomery County By: ¢1 Cc Cc C PAP My Commission F�Ires March 28,2021 3 Lv Teresa Pastella,Notary Public ro ej J Member,Pennsylvania Association of Notaries d q�,p1S0 0 I:T W 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{Ci G Insurance Company,and West American Insurance Company which resolutlons are now In full force and effect reading as follows: o m ARTICLE IV—OFFICERS:Section 12.Powerof Attorney. 0 ,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 Ilmitation as the Chairman or the• -8 'v_ President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o q any and all undertakings,bonds,reoognizances and other surety obligations.Such attomeys4n4act,subject to the limitations set forth in their respective powers of attorney,shag N t 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 °Q 0 Instruments shall be as binding as N signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the €C 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 ARTICLE Xlil—Execution of Contracts:Section 5.Surety Bonds and Undertakings. 09 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, shall appoint such attomeys-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,reoognlzances and other surety obligations.Such attomeys-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 shag 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 attomeys-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.Ueweltyn,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 farce and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto sei m'hand and affixed the seals of said Companies this day of - IN U` T1 INS& �p1NSl/gq 9„Joapor4r0� ., Pbc+ �O�'"by�ca ..=1919 a 1991 ,cy... By: aj�,'Q4CHa5 a fl 4wbp9�,�a fs '"D1AN� da Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIL Multi Co•0620111' • . . Doe.#2269558 Page Number: 13 of 13 e Construction Services Group Ilia' n or May 21,2020 D.L.Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota,FL 34238 Re: Type of Bond: Performance Bond&Payment Bond Bond Number: 016217933 Obligee: Monroe County Board of Commissioners Description: Key West International Airport—Customs Facility—Terminal Annex Repairs,Renovation&Equipment Bond Amount: $2,931,223.00 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. Porter Constructors, Inc. and/or Monroe County Board of Commissioners to date the bond forms and powers of attorney at time of submission to the County. -_t- Please d9-not hesitate to contact us should you have any questions. ' -• Sincerely,=• _ ^ l Eadibale -Attgn* -in-Fact&FL Licensed Resident Agent Libdity 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.OC36861 Client#:4463 DLPORTER DATE(MM/DDNYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 12/31/2019 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(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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Bouchard Insurance,Inc. PHONE 727 447-6481 FAX 727 449-1267 A/C No Ext: A/C No 101 N Starcrest Dr. ADDRIEss: certificates@bouchardinsurance.com 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. Amerisure Mutual Insurance Company 23396 INSURER C: P Y 6574 Palmer Park Circle Old Dominion Insurance Company 40231 Sarasota,FL 34238-2777 INSURER D: P Y 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 PAID CLAIMS. INSA ADDL SUER POLICY EFF POLICY EXP LTR _ TYPE OF INSURANCE INS WV_D_ POLICY.NUMBER MM/DD/YYYY MM/DD___ LIMITS A COMMERCIAL GENERAL LIABILITY Y Y 103GLOO1647606 1/01/2020 01/01/2021 EACHOCCURRENCE S1,000,000 ,. CLAIMS-MADE [ OCCUR R MI X O RENTED A A {Ea occurcence) $100,000 Xi BI/PD Ded:2,500 MED EXP(Any one person) S5,000 PERSONAL&ADV INJURY $1_,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE S 2,000,000 p PRO- POLICY XI JECT [ X I LOC PRODUCTS-COMPBOPAGG 52,000,000 AUTOMOBILE OTHER: $ _ OMOBILE LIABILITY COMBINED SINGLE LIMIT D Y Y�B1T3307V 1/01/2020 01/01/2021 LEaacadenl1. $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ 3 OWNED SAUTOS ( )CHEDULED AUTOS ONLY BODILY INJURY Per accident $ ` � ,_ � HIRED NON-OWNED pROPER7Y DAMAGE W Xk AUTOS ONLY X AUTOS ONLY Per accident $ ._ ,,._,......... :..... ......... _... ........ ..._._.._.......___..-.._._. ........____.._____.... .. ...........-.m ... .5..................._..,,_._....__„____....._ B UMBRELLA LIAB _ OCCUR Y Y ZUP81N0856420NF 1/01/2020 01/01/2021 EACHOCCURRENCE 55,000lOOO Xf EXCESS LIAB X CLAIMS-MADE AGGREGATE $5,000,000 j_DED X1 RETENTION S10,000 $ C WORKERS COMPENSATION Y WC2O8074508 1/01/2020 01/01/2021 X ,STATUTE IEERH , AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N E,L EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? Y NIA — (Mandatory In NH) � ., DISEASE EA EMPLOYEE 5500,000 If yes,describe under -"'m " DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $500,000 C Leased/Rented IM20593641103 1/01/2020 01/01/2021 $100,000 Equipment Ded:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attach r Workers Comp Information"* LL� . � ,t Proprietors/Partners/Executive Officers/Members Excluded: BY ,. . Gary Loer,President DATE— Marshall White,Vice-Pres WA4 Nf _ YE$._. .- (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1196011/M1195810 MIKKO DESCRIPTIONS (Continued from Page 1) Additional insured status with respect to General Liability,Auto Liability&Excess Liability per the attached form(s). Waiver of subrogation applies with respect to General Liability,Auto Liability,Excess Liability&Workers Compensation per the attached form(s). Coverage is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. Key West International Airport 3491 S.Roosevelt Blvd Key West,FL 33040 SAGITTA 25.3(2016/03) 2 of 2 #S11960111M1195810 DLPORTER DATE(MM/DD/YYYY) ACORDTM EVIDENCE OF PROPERTY INSURANCE F09/02/2020 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE 727 447-6481 COMPANY A/C No Ext Marsh&McLennan(CLW) Westchester Fire Insurance Company 101 N Starcrest Dr. 436 Walnut street Clearwater, FL 33765 Philadelphia,PA 19106 FAX(A/C, /C No):727 449-1267 ADDRESS:certificates@Bouchardlnsurance.com CODE: SUB CODE: AGENCY 4463 CUSTOMER ID#: INSURED D L Porter Constructors, Inc. LOAN NUMBER POLICY NUMBER 6574 Palmer Park Circle � 11117730A001 Sarasota FL 34238-2777 EFFECTIVE DATE EXPIRATION DATE NUED UNTIL 09/02/2020 06/02/2021 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION APPROVED RISK MANAGEMENT Location#1 Key West Intn'l Airport; 3194 S. Roosevelt. Blvd. Key West, FL 33040 Building#1 customs facility 9-2-2020 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED I I BASIC I IBROAD I I SPECIAL I X I Flood COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE BUILDERS RISK COVERAGE INFORMATION Job Specific Completed Value: Loc.# Bldg.# 1 1 2,500,000 Debris Removal -25%of the physical loss or$250K, whichever is less. Trees, Shrubs, Plants 100,000 Valuable Papers&Records 100,000 (See Attached Coverage Info.) REMARKS(Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS X ADDITIONAL INSURED LENDER'S LOSS PAYABLE X LOSS PAYEE Monroe County Board of County MORTGAGEE Commissioners LOAN# 500 Whitehead Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE Juu ACORD 27(2016/03) 1 of 2 S 31418 ©1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JANFI COVERAGE INFORMATION (Continued from page 1.) COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Pollution Clean Up&Removal 100,000 Contract Penalty 1,000 Flood 2,500,000 Earthquake 2,500,000 Windstorm 2,500,000 SAGITTA 27.3(03/16)2 of 2 S 31418 JANFI