Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
09/16/2020 Agreement
pq, .11 Kevin Madok, CPA I‘ ' Clerk of the Circuit Court&Comptroller-Monroe County, Florida DATE: October 1, 2020 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hancoelc, iA.C. SUBJECT: September 16th BOCC Meeting Attached is an electronic copy of the Following item for your handling: CIS Contract, waiving two minor bid irregularities,to die lowest bidder DEC Contracting Group, Inc. in die amount of$3,081,162.44 for the Key West International Airport Noise Insulation Program Project at Key West by the Sea, Building A - Part I 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 CONTRACT Kev West International Airoort Noise Insulation Proaram Construction of KWBTS Building A -Phase 1 THIS AGREEMENT made and entered into the16'h day of September, 2020, by and between DEC Contracting Group, Inc., (hereinafter referred to as "CONTRACTOR"), and the Monroe County Board of Commissioners, Key West, Florida,(hereinafter referred to as "OWNER"). WITNESSETH: That the CONTRACTOR, for the consideration hereinafter fully set out, hereby agrees with the OWNER as follows: 1. That the CONTRACTOR, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda,which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Key West International Airport Noise Insulation Proarapl Construction of KWBTS Building A—Phase 1 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 Two Hundred Fifty-Eight(258)calendar days from the Notice-to-Proceed — Permits pursuant to Special Provision No. 3. 3. The OWNER hereby agrees to pay to the CONTRACTOR for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately Three million eighty-one thousand one-hundred sixty-two and 44/100 Dollars ($3,081,162.44) in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15'h day of each calendar month, the OWNER shall make partial payment to the CONTRACTOR on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the CONTRACTOR, less ten percent (10%)of the amount of such estimate which is to be retained by the OWNER until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the CONTRACTOR of all work covered by this agreement and the acceptance of such work by the OWNER. CONTRACT Page 2 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the CONTRACTOR, the OWNER may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the OWNER will have sustained per day by failure of the CONTRACTOR to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the OWNER will have sustained in the event of such default by the CONTRACTOR. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the OWNER shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work,the CONTRACTOR shall, at its expense within five(5)days after the receipt of notice from the OWNER so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the OWNER. 8. MAINTENANCE OF RECORDS: CONTRACTOR shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the OWNER or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to CONTRACTOR. 9. PUBLIC ACCESS: Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The OWNER and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the OWNER and CONTRACTOR in conjunction with this contract and related to contract performance. The OWNER shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the OWNER may CONTRACT Page 3 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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: a) Keep and maintain public records that would be required by the OWNER to perform the service. b) Upon receipt from the OWNER's custodian of records, provide the OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the OWNER. d) Upon completion of the contract,transfer,at no cost,to the OWNER all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the OWNER to perform the service. If the CONTRACTOR transfers all public records to the OWNER upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the OWNER, upon request from the OWNER's custodian of records, in a format that is compatible with the information technology systems of the OWNER. e) A request to inspect or copy public records relating to this contract must be made directly to the OWNER, but if the OWNER does not possess the requested records, the OWNER shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the OWNER or allow the records to be inspected or copied within a reasonable time. f) If the CONTRACTOR does not comply with the OWNER'S request for records, the OWNER shall enforce the public records contract provisions in accordance with the contract, notwithstanding the OWNER'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 OWNER or pursuant to a valid public CONTRACT Page 4 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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(rDMONROECOUNTY-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 OWNER and the OWNER's elected and appointed officers and employees harmless from and against: (i) any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine, penalty or business interruption, and(iii)any costs or expenses (including,without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys'fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other invitees on the Construction Site during the term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the OWNER or any of its employees, agents, contractors or invitees(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the OWNER from any and all increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. CONTRACT Page 5 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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 OWNER at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days'written notice shall be provided to the OWNER before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the OWNER, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of OWNER and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the OWNER be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR OWNER: Pedro Mercado Richard Strickland, Director of Airports Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: Douglas R. Masch II, President DEC Contracting Group, Inc 1560 Matthew Drive, Suite B Fort Myers, FL 33907 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of CONTRACT Page 6 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 this Agreement, the OWNER and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. MEDIATION: The OWNER and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The OWNER and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: OWNER and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorneys fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: OWNER and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of OWNER and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of OWNER and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, OWNER and CONTRACTOR agree to participate, to the extent required by the other 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. OWNER and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. CONTRACT Page 7 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of OWNER and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the OWNER, when performing their respective functions under this Agreement within the territorial limits of the OWNER shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers, or employees outside the territorial limits of the OWNER. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES:This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the OWNER, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the OWNER and the CONTRACTOR agree that neither the OWNER nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any 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 OWNER and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. CONTRACT Page 8 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 27. NON-DISCRIMINATION: CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: a) Title 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. b) 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. c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps. d) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age e) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g) 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. h) Title VIII of the Civil Rights Act of 1968 (42 USC § et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i) The Americans with Disabilities Act of 1990 (42 USC§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability. j) 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 k) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 28. 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. CONTRACT Page 9 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 29. 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. 30. 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 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. 31. 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. 32. 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. CONTRACT Page 10 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 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.4TOkilit (CR) (OWNER) By: Douglas R. Masch II By: Heather Carruthers Title: President, DEC Contracting Group, Inc. Title: Mayor. Monroe County Board of County Commissioners WITNESS: - W*!�_ , .i/dw�� g a : Kevin Madok. CPA, Monroe County Clerk - kr 1' C 0 0 M-5: Dep y Clerk ¢ M t. 0 1 Y J.MERCADO " '— J 31 26 c-ThSTM-E OF I ,ORIDA Dan 1. 'COUNTY OPR EE I,the undersigned authority, a Notary Public, in and for said County and State, hereby certify that Douglas R. Masch II whose name as President of DEC Contracting Group. Inc. (who is authorized by the corporation to execute this contract) signed the foregoing instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seal thisz(J day of August, 2020. Notary IN Public Signature �/ ERIKA BODENSTEIN i MY COMMISSION 0 00118763 EXPIRES July 24,2021 Key West International Airport Noise Insulation Program Construction of KWBTS Building A—Phase 1 SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087,hereby certifies that: DEC Contracting Group, Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will betaken against employees for violations of such prohibition. 2, inform such employees about the dangers of drug abuse in the workplace, the business. policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1), 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that we under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such Is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) �' I Vice President (Title) 4/28/2020 (Date) BID DOCUMENTS 1-18 Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 SECTION K PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR,supplier,subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity In excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.` DEC Contracting Group, Inc./ Erika Bodenstein I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted '' l' vendor� liissst within the last 36 months. ctmi 1 ' • rlip.► -c-`- (Signature) Vice President (Title) 4/28/2020 (Date) STATE OF: Florida COUNTY OF: Lee Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on 4/28/2020 (date) by Erika Bodenstein (name of affiant). He/She istzersonalry knowr(to me or has produced (type of identification) as identification. `+ oE,urwsr NOTARY PUBLIC Nary Puek•State or Fria fNalle tkifir _� Nary r GG Mrr10 -St Sty ccamnm.Expires Apr 2.z,zoo My Commission Expires: Pfit 2, 2ett BID DOCUMENTS 1-37 Key West International Airport Noise Insulation Program Construction of KWBTS Building A —Phase 1 SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10-1890 MONROE COUNTY, FLORIDA ETHICS CLAUSE DEC Contracting Group, Inc. Erika Bodenstein warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee In violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and 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 ffoormer County officer or employee. ( a uri e) Vice President (Title) 4/28/2020 (Date) STATE OF: Florida COUNTY OF: Lee Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, on 4/28/2020 (date) by Erika Bodenstein (name of affiant). He/She is f ersonallyknowrfto me or has produced (type of identification) as identification. NICE / '\ OOIIGLISR MMCM I• II OTA'RY PUBLIC � et Malty Public Star Florida n 11‘. _f. commnraarw2o:no PAJt-2. 2r1L2 ay Comm.&alms Apr 2,1022 My Commission Expires: /1 BID DOCUMENTS 1-38 Key West International Airport Noise Insulation Program Construction of KWBTS Bulkling A—Phase 1 SECTION P NON-COLLUSION AFFIDAVIT is Erika Bodenstein (name) according to law on my oath, and under penalty of perjury, depose and say that: 1) l am Vice President (title) of the firm of DEC Contracting Group, Inc. (company name) the Bidder making the bid proposal for the project described in the Notice for Calling for bids for: Key West International Alroort-Noise Insulation Program Construction of KWBTS Building A—Phase 1 and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and wil not knowingly be disclosed by the Bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the Bidder to induce any other person. partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained In this affidavit in awarding contracts for said project. (Signature) Vice President (Title) 4/28/2020 (Date) BID DOCUMENTS 1-47 CONTRACT Page11 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Building A—Phase 1 ATTACHMENTS 1. Acknowledgement of Change Orders 2. Insurance Agents Statement 3, Certificate of Insurance 4. Performance Bond 5. Payment Bond 6. Corporate Acknowledgement 7. Surety Acknowledgement 6. Power of Attorney ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 Ladies and Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. Contractor: DEC Contracting Group, Inc. By: Douglas R. Masch II, President Date: A uG.,Sr 26', 20Zo Key West International Airport Noise Insulation Program Construction of KWBTS Building A— Phase 1 INSURANCE AGENT'S STATEMENT I have reviewed the insurance requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY TYPE: POLICY NUMBERr7 DEDUCTIBLES: General Liability Pk&0(673 / 76'5 -* OUO Worker's Compensation LIA)e IJr D((r, / y yZd(0 n104 Vehicle Liability 3 I PC) ! 5=7/v/ 453---CkJ Co..+p It-o L4 Builder's Risk Policy cannot be bound until we get closer to starting construction in Janurary 2021 Asbestos Abatement Liability Provided by the Asbestos Abatement Subcontractor-See attached Liability Policies are: LJ Occurrence ❑ Claims Made Insurance Agency S gnature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the Contract and will comply in full with all the requirements. Bidder: Signature: DEC Contracting Group. Inc. Douglas . Masch II, resi ent A�d CERTIFICATE OF LIABILITY INSURANCE DATE ea irOON TY1 /2020 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 ceNncale 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 Nis certificate does not center rights to DM certificate holler In lieu of such endonerllenl(s). PRODUCER µE'IT Certificate Department Five County Insurance Agency Inc PHONE F.D'239-939-1400 incnos 239-939-3813 14120 Metropolis Ave Fort Myers FL 33912 lWJORFss cere®hvecountvinsurance,cem WwRERRIAFFORORe COYFRA-GE NNCI INSURER A:American Builders insurance 11240 DEC Contracting Group Inc DECWI INSURERS:Naionol Builders Insurance 16632 1580 Matthew Dr Unit B INSURER G:Old Dominion Insurance 40231 Fort Myers FL 33907 INSURER o;____ .__-___,__ MUNNF INSURER F: COVERAGES CERTIFICATE NUMBER:418269899 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 Na REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH 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 PAD CLAIMS. INN TYPEOF INSURANCE AOOL STUN PoucyafF —P L�ICV FXY owSRO WW1 POLICY IWMBEP IMMTMYYVI OMMOWYYYI.1 LASTS 9 X COMMERCIAL GENERAL GAMUTS Y Y PNG01675170E1 391/5020 3N/2021 EACH OCCURRENCEDAMAGE SI.OW,WD l cwuwAOE OCCUR ARMIESSOOA morsel $300.000 1 MED EXP(Ay one pvxnl $10.QW _ _ PERSONA.&AW INJURY S 1,000,000 GEM.AGGREGATE LOST APPLIES PER' GENERAL AGGREGATE _52000.000 X_j POLICY _ 5t} ` I LOC PRODUCTS-COMP/OPAGG 52000.000 I OTICR 5 C AUTOIe9ILE tMBNTY Y Y eIP0157N 5102020 591/2021 L4E EOISN0.E"al S1,000,000 X ANY AUTO SCOW INJURY(Par pxsnl 5 AUTOS —SCEMEO Bc9LLY vt Inv 1PxwM1n115 AUTOS ONLY AUTOS TIRED ONLY AUTOSI11EY (PR lPROPERTY) DE ] $ LY A X OMBRELA GAS X OCpUN UMB018902e$ 3AVl020 3AVM21 EACH OCCURRENCE 51,000.000 EXCESS GAB CINMSMADE AGGREGATE $1.000,000 ��RETENTIONS _ S A WCRNFAB COMPENSATION PEN OTH. ANOMfl Nvtorene'Lu6am NCVOI6TBB205 ]ACED ]Nr1031 X 3TATMTE ER l�RUEMOENE GV EEXECURNS Y1 1 HIA aGm11 KrreM EL EACH ACCIpENT S1.000.MO NIA M NH) I ^ EL,DISEASE-EA EMPLOYEE $1.000.000 V yeA.descrte ANNA OFO DESCRIPTION OF OPERATIONS telex EL.DISEASE-POLICY LIMIT $1.000,000 DA n/28/2n'n', — ( d E e1l SCRoNOr^.T A1eNS/LOCATIONS I VEHICLES MdIWne CLES(AC 101, SRem.M Aq`Tol MU may epMM llnon specs Smono RE:KV BTS Monroe County Boaid of County Commissioners and Key West By the Sea Association Inc are included as additional Insureds PAIR respects to General Uabaity premiumand AutO per Florida Spmmded by the carrier'enhancement endorsements).Thirty(3)days Notice of Cancellation applies',Ten(10)days for nonpayment of CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF. NOTICE WILL BE OEMVERED IN MONROE COUNTY BOARD OF COUNTY ACCORDANCE WITH THE pout,YRDVISIoas, COMMISSIONERS 1100KEY EST FL 3 ST AAn.efe KEY WEST FL 33040 I m 1989.2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD CROSSENV1 ®A DATE IMMN` CERTIFICATE OF LIABILITY INSURANCE EIMMIODIYYYYI 20 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 policylies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Certificate Department Commercial Lines-(813)321-7500 -PHHOO,Eo.Emb(813)639-3000 FAXINC No): _ USI Insurance Services LLC A DREASS: clw.certrequest©usi.com 2502 N Rocky Point Dr INSURERcsI AFFORDING COVERAGE - XAICX Tampa, FL 33607 INSURER A: Steadfast Insurance Company 26387 INSURED INSURER e: Zurich American Insurance Co _ 16535 Cross Environmental Services,Inc. I IxsuaEN c: P.O.Box 1299 INSURER D- INSURER E: Crystal Springs,FL 33524 INSURER F'. COVERAGES CERTIFICATE NUMBER: 15169643 REVISION NUMBER: See below 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. ,AODVSUBR POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSO'yNVD POLICY NUMBER (MANDIYYYY1 IMWDO/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 3000.W0 A X GPL090854301 03I01I2020 03/01/2021 DAMAGE TO RENTED - • CLAIMS.MADE X OCCUR 'I, PREMISES(Ea rv<mrena) S 100.000 X Max Asy.Per Policy$10DOo wC BI/PD Combined MFDFXP(Any one person) Is 10.000 X ConlraclualLiab i PERSONAL&ACV INJURY S 2000000 - $5,000 Ded.Per Claim GENIC AGGREGATE LIMIT APPLIES PER ', • GENERAL AGGREGATE S a 000000 POLICY X JEC LOC PRODUCTS•COMPiOP AGG S 4 000 000 OTHER 1 5 B AUTOMOBILE LIABILITY BAP055127701 03/01/2020 03/01/2021 �EeMwdeD SINGLE LIMIT g LWGOD] I X ANY AUTO includes MCS 90 BODILY INJURY Per person) :S OWNED SCHEDULED BODILY INJURY(Per strides.).S x HIVRTODS ONLY x NON-OWNED -PROPERTY DAMAGE .s i AUTOS ONLY I AUTOS ONLY IPer accident) IS A —II UMBRELLA LIAR x OCCUR X SXS090854201 03/01/2020 03/012021 EACH OCCURRENCE ' S 5000.000 EXCESS LIAR (CLAIMS-MADE AGGREGATE $ 5000000 — . . DED X RETENTIONS None S B IO WC090B54101 WORKERS COMPENSATION 03IO1I2020 03I0112021 X STATUTE ERH AND EMPLOYERS'LIABILITY YIN ' P ROPR I RI ETOPART NE R)EXECUTIVE EACH EL. ACCIOEM 5 I�W'OW :Mandatory in Ni•OFFICERIMEMBERE%GLVDEOo XI AI EL.EACHDISEASE-EAEMPLCVEE.$ I00g000 'II yes.describe under I aoOOW DESCRIPTION OF OPERATIONS below I E L.DISEASE-POLICY LIMIT S A Contractors Pollution Liab X - - GPL090854301 03/012020 03/01/2021 'IOccurrence Limn-5200o000 Egon Occurrence $5,000 Ded.Each Claim DESCRIPTION OF OPERATORS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule.may be attached it more space b required) Certificate holder 8 those required by written contract are named as additional insured as it relates to general liability per form STF-ESP-101-F CW(04/13) when required by written contract and in accordance with the terms and conditions of the policy. IlY DA 9/28/2020 CERTIFICATE HOLDER Will tM'9�� �F CANCELLATION Monroe County BOCC r^ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. ACCORDANCE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 AUTHORIZEDREPRESENTATIVE�/�]: y�� � V , Ce.~ - The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) Client Code:CROSSENV1 SID:15169643 Certificate of Insurance (Con't) OTHER Coverage INSR TYPE OF INSURANCE ADDL WVD POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMIT LTR INSR SUBR (MM/DDIYY) (MM/DDNY) A Professional Liability GPL090854301 03/01/2020 03/01/2021 Occurrence Limit S2000..000 Each Occurrence Ded $5,000 ea claim 8 Aggregate included in GL limit Certificate Of Insurance-Can't AIA Document A312" - 2010 Performance Bond Bond #015-211-562 CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place DEC Contracting Group,Inc. of business) ADDITIONS AND DELETIONS: 1560 Matthew Drive,Suite B The author of this document hes Liberty Mutual Insurance Company Fort Meyers,FL 33907 1200 MacArthur Boulevard,3rd Floor added Information needed for Its Mahwah,NJ 07430 completion.The author may also OWNER: AIA revised the text of the original AIA standard form.An Additions end (Name,legal status and address) Ded Monroe County Government,Purchasing Department information ate mart that notes ns let Gato Bldg..1100 Simonton Street,RM 2-213 Information as xelrrowbro buts Key West,FL 33040 standard form text Is avaNable from the author and&bond be reviewed.A CONSTRUCTION CONTRACT vertical IMe in the left margin of tuts Date:August 26,2020 document Indicates where the author Amount$ Three Million Eighty One Thousand One Hundred Sixty Two and 44/100 Dollars has added necessary Information Description(E3,081,162.44) and where the author has added to or (Name and location) deleted from the original AIA text. Key West International Airport Noise Insulation Program Construction of KWBTS Building A Phase I This document has important legs! consequences,Consultation with an BOND attorney is encouraged with respect BO : September 9,2020 to Its completion or modification. (Not earlier than Construction Contract Dale) My singular reference to Conaactor. Surety,Owner or Other party shall be Amount$Three Million Eighty One Thousand One Hundred Sixty Two and 44/100 Dollars consNered plural where applicable. Modifications to6t s Bond: X None M See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company. • (Corporate Seal) Company (Corporate Seal) DEC Contracting G •no. Liberty Mutual Insurance n ,/,�,(' g�,yi ^/ Signature. 1/ A j;/ Signature: "'k l Name and A, daps AmAstgs Name and aryl . oleman Tide: $/ Tide: Attorney-n-Fact (Any ad itd ions!signatures appear on the Iasi page of this Performance Bond) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: True&Associates (Architect,Engineer or other party.) 325 North Avenue East Westfield,NJ 07090 Dock 2281561 Bkk 3044 Pg♦I 14 Recorded 9/14/2020 11:36 AM Page 1 of 16 Piled and Recorded in Official Records of MONROE COUNTY KEVIN MADOK,CPA inn. MA Document A312w-2010 PedrmanceBond.The American WORM of Architects.Am rights vaned.. a .WARNING:This NA.Document le protected by U.S.Copyright taw and Mrmatbnar Treaties.Unauthorized npnoductien or distribution of this MAe Occurrent or any portion of It may nu&M d swan doll and criminal penalties,and will be prosecuted to the maximum intent possible under the law.This docwnent was produced by AMA sdtwan at I 15:25:4O on D1/10/2013 urdar Order No.6871475021 1 which expires on 12/272013.and is not for resale. User Notes: 11332105251) § 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. § 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 p i pr lit 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 .9 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 oneof the following actions: § 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; § S2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; § 5.9 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 § SA 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 pan and notify the Owner,citing the reasons for denial. § 8 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. InX. MA Document A312' -2010 Psrformrva Send.The American lmtMeWMMncb.Nl rights reserved.WARNING:This NA Document is protected by U.S.Copyright Law sod International Treaties.NUWlwdud nproductbn or distribution of this AleDocument.or any portion of It,may result In 2 overt civil and criminal pnMNN.,sod will be prosecuted to the mulmun extent possible under the law This document was produced by Aid software al 1525:48 on01n0/2013 under Order W.6671475021_l which expires on 12/27/2013.and is ml for resale. User Kota: 11362705251) § 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 than those of the Contractor under the Construction Contract,and the in r nsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. § 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on-which-their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance oths Contract Prize.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 Cautruction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14,3 Contractor Default Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. IIIL Aa Document A312m-2010 Performance Bond.The American Instlule ofArchitects.MI ngMs reserved.WARNING:This MA O0cum0M Is proUclad by U5.Copyright Law and International Treaties.Unatdhoded reproduction or attribution or this Me Document,or my portion of it.may result In 3 severe civil and criminal penalties.and will be prosecuted to the maximum extant passible under the law This document was produced by41A software at 15:25:48 on 01/10/2013 under Order No.8071475021 1 which expires on 12/27/2013.and is not for resale. USM Hots: 0382705251) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the tam 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 parries,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: n/a Signature: n/a Name and Title: Name and Title: Address: Address: Init. NA Document A312'a-2010 Perk/nuance Bond.The American Institute of dot*, Thismewed. N chIMMs.MI doeed.WARNING: A°Document I.protected by U.S.condom Lew and IMem.tlon.Treaties.Unauthorized reproduction or distribution of this Me Document,or any portion of It,may result In 4 nevem civil and criminal penalties,end will be prosecuted to the maximum extent possible under the law This document was produced py AlA software al 15:25'4S on 01n04013 under Order No 687147502 1 wNch expires on 12/27/2013,end Is nG for resale. User HWn: 113 8 2 7 05 2 51) CORPORATE ACKNOWLEDGMENT State of Florida County of ( C_2. On this /0 day of g:TEM 2020, before me personally came-e—loi ks C to me known, who g by me duly sworn, did depose and say that,be/she is the e____P_n± of DEC Contracting Group. Inc. the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he/she signed his/her name thereto by like order. e.z.e.o- n6 August O3 CamYWm6HH 030606 AT EPS a 2024 4 if My commission expires ^ BVB1d10n�%�+�re.ra. � a l� Nota j' blic SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 9th day of September, 2020, Before me personally came Cheryl R. Coleman to me known, who being by me duly sworn, did depose and say that he/she is an Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires r ((,) LISA BRIEL Commission#50119811 Notary Public, State of New Jersey My Commission Expires January 10,2025 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. r P.41. Litre.. Liberty Mutual Insurance Company * Mutual. The Ohio Casualty Insurance Company Certificate No: 8203825469516 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a wrrporation 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 WestMwdcan Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies I,pursuant to and by authority herein set lath,does hereby name,constitute and appoint Marc J. Michalewsky;Sandra A.Pace;Cheryl R.Coleman;Mary J.inmate;Rachael Hurley;Thomas M.True all of the city of Westfield stated NJ eachindividualy if Mere be more then one named,its hue and lawful attorney-in-fact to make, execute,seal,ad noledyge and deliver,fa-and on is behalf as surety and as its ea and deed,any and all undertakings,bonds,remgnusncee 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 a official of the Companies and the corporate sea of the Companies have been affixed thereto this 2nd day of June , 2020 Liberty Mutual Insurance Company wau [w 'flu , The Ohio Casualty Insurance Canpary m v, yrey s.Po ,y,?m*4*p West Pmertcan Insurance Company as aI ipM I y0� eF "6p /� se " tiy9mnn`' a►ea'eN f9 € `, T,s,Y, l m H� `YMa w LOA gY ♦ l•{� By:David M.Carey,AssistantSecretary s a.co State of PENNSYLVANIA e . Canty of MONTGOMERY ss a O j On this 2nd day of June , 2020 before me personally appeared David M.Carey,who acknovlerlged himself to be the Assbtnt Secretary of Lber Mutual Insurance F • m Company.The Ohio Casualty Company,and West American Insurance Company,and that he as such,being authorized so to do,execute the faegdng instrument for the purposes_ce r m therein contained by signing on behalf of the awpaatias by himself as a Arty authorized officer. �E ma IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Pmssa,Pennsylvania,on be day and year first above written. gEE ° co12 d 4.uw aA Sle C00 0$fEYTM OF PENNSYLVANIA 4yay V� W O e �<� POW W Sri ///� t L al Tenn PWeY.Nam Public /,-� - �1 A! 'A'// 1-m o« o.Pv y Lvper M.MTry.Menton...County sy: vW A4,(-(� le E ti@ twed, in Cannako eon.Minh s' t ff*se Pastella,Notary Public m rn" Ab�Ametn" ween Pavers*Anornma Nano cog m ;u 51� vs) This Power of Attorney is made and executed pursuant to and by authority of the in g Bylaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 5 a.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 5 Eti= ARTICLE W-OFFICERS:Section 12.Paver of Ataney o m My officer a other official of the Corporation authorized for that purpose in writing by the Chairman a the President,and subject to each limitation as the Chairman or the—Y co ana :p 8, 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 deli*as surety o 0 r d any and all undertakings,bonds,recagnlzances and other surety obligations.Such attorneys—in-fact,subject to the limitations set forth in their respective powers of attorney,shall£� b 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 treaded such €N Z u instruments shall be as binding as if signed by the President and attested to by the Secretary.My power orauthady granted to any representative a attorney-in-fact under the 07 proSsiah of this artide may be revoked at any time by the Board,the Chairman,the President a by the officer a officers granting such power or authority. 8g ARTICLE XIII-Execution of Contract:Section 5.Surety Bonds and Undertakings. c r4 My 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-4- shall appoint such attorneys-in-fact as may be necessary to act to behalf of the Company to make execute,seal.acknowledge and deliver as surety any and all undertakings, bonds,rewgnizances and other surety obligations.Such ataneys-n-fad subject to the limitations set lath in their respective powers of attorney,shall have fug power to bind the Company by their signature and execution of any such inehuments 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,acing pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attoneys-n- fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bands,raagn¢anar and other surety obligations. Authorization-By unanimous consent of the Canpanys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a coded copy of any power of attorney issued by the Company in connection with surety bonds,shal be valid and binding upon the Company with thesame 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 cedlfy that the original power of attorney ofwhich the foregoing is a MI,We and correct copy of he Power of Attorney executed by said Companies,is to full lace and effect and has not been revoked. IN TESTIMONY WHEREOF,I have his/Bunt set my hand and affixed the seals of said Companies this 9th day of September , 2020 _ — Wet ❑ Won �,WSU - a 6 w I. 1912 1919 n sty 1991 p(ia/[y • rdi #11 I N...01: •• • ..„1 BY:Renee C.Llewellyn,Assistant Secretary LMS-I2873 LMIC OCIC WAG Mum Co 12r19 %* Liberty LIBERTY MUTUAL INSURANCE COMPANY Pa Mutual. FINANCIAL STATEMENT—DECEMBER 31,2019 SURETY Assets Liabilities Cash and Bank Deposits $778,754,989 Unearned Premiums "Bonds—U.S Government 2,780,808,610 $8,007,146,482 Reserve for Claims and Claims Expense *Other Bonds 12,645,608,792 21,532,853,787 "Stocks 16,385,435,431 Funds Held Under Reinsurance Treaties 507,868,920 Real Estate 235,608,378 Reserve for Dividends to Policyholders Agents'Balances or Uncollected Premiums 6,217,983,641 1,143,826 Accrued Interest and Rents 102,273,390 Additional Statutory Reserve 125,722,000 Other Admitted Assets 11,957,106,292 Reserve for Commissions,Taxes and Other Liabilities 4,117,460,075 Total Admitted Assets Total 851 101 S]952 $34,292,195,090 3 Special Surplus Funds $32,768,443 Capital Stock 10,000,075 Paid in Surplus 10,044,978,933 Unassigned Surplus 6,723,636,983 Surplus to Policyholders 16,811,384,434 Total Liabilities and Surplus 151.103.52.9.5211 J"�1 5Y41�,f r' " Bonds are stated at amortized or investment value;Stocks at Association Market Values. 1912 i The foregoing financial information is taken from Liberty Mutual Insurance Company's financial "tt>, statement filed with the state of Massachusetts Department of Insurance. I,TIM MIKOLAJEW SKI, Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true,and conect statement of the Assets and Liabilities of said Corporation,as of December 31,2019,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 27'"day of March,2020. lA�fwA'a•.�Q.w�rA Assistant Secretary a'1262LMIOf 120 AJA Document A312Th — 2010 Payment Bond Bond# 015-211-562 CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place ADDITIONS AND DELETIONS: DEC Contracting Group,Inc. of business) 1560 Matthew Drive,Suite B liberty Mutual Insurance CompanyThe author of figs document has Fort Meyers,FL 33907 1200 MacArthur Boulevard,3rd Flor addedMortMln needed tar b Mahwah,NJ 07430 cangledn.The eutor may also OWNER: have rested the text of theoriginal (Name,legal status and address) AN standard farm.AnAglgiuna end Deletions anapaest Nat notes addedMonroe County Government,Purchasing Department Gato Bldg.,1100 Simonton Street,RM 2-213 Mamatln as wall as revisions to Me Key West,FL 33040 standard tam bat is available from the author and should be rewewed.A CONSTRUCTION CONTRACT vertical glee In the left margin of this Date:August 26,2020 document Indicator Miere the author Amount:S Three Million Eighty One Thousand One Hundred Sixty Two and 44/100 Dollars has added necessary DescriptinS$3,061,162.a4) and where to author ha added to or (Name and location) deleted from the original AIA Mal. Key West International Airport Noise Insulation Program Construction of KWBTS Building A Phase I Tuts document her important legal consequences.Consultation with an BOND attorney Is encouraged with respect Date:September 9,2020 to Its completion or modification. (Nel earlier than Construction Contract Date) Any singt4ar reference to Contractor, Surety,Owner or other panyshal be Amount:$Three Million Eighty One Thousand One Hundred Sixty Two and 44/100 Dollars considered plural More applicable. Modifiationsio this Bond: X None See Section IS CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) DEC Co in Gro Inc. Liberty Mutu Insurance C?mpa Name n' /S 4 Name 1/ �, ( Name and gp� lY- tASCH� Name and Cheryl R. lemon Tithe: ppnttout Title: Attorney-In-Fact (Any atilt-on—asignatures appear on the last page of this Payment Bond) • (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: True BAssociates (Architect, Engineer or other party) 325 North Avenue East Westfield,NJ 07090 MIL MA Document Nl2Amerimanure et Architects. -2010 Payment Bond.The American maYhitects.MI rights reserved.WARNING:This Document le protected by V.S.CopyrlgM Law and International Treaties.Unauthorized reproduction or dl.trbuton 01 the AlA Document,or any portion of It,may result In stare cell and criminal penalties,and will M prosecuted to the maximum exalt possible under the law.Tle document was p duced by MA saline al I I:42:Oa on 1 WNw2012 under Order Ne.5120962306 1 which emirs*on 04/13/2013.and is meow resat User Motet: (1718006249) § 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 tams. § 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 o the Owner's property by any person o entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). § 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). § 6 If a notice of non-payment required by Scotia,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 for which the Surety and Claimant have readied agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attomey'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 attomey'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. UK Non Decrement a3t2' —2010 Payment Bend.The American Institute of Archibald Pa neat reserved.WARNING:This a4' Document Is protected by U.S.Copyright Law end International Treaties.Unauthorised reproduction or distribution of U e OIL`Document,or pompon of N.may mud.In 2 severe chill and criminal penalties,and Mil be prosecuted to the mailman azYM possible under the law.This document was produced by ALA aoawanat 11:43'03 en 10Po9/2012 under Olen No.5820952305 1 which expires on 0401 a/2013,ant Is Mfg male. User NoMN: (1715996249) § 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase ceders 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(I)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety,the Owner a 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 heretrom 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. R 1R DellSgogg § 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 a purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on whirl.the Claimant last perfomued 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 a equipment furnished as of the date of the Claim. § 16.2 Claimant M 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 tam Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. § 16.3 Consbueton Contact 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. kilt. Act Document Aortae'—2010 Payment aced.the xi Nnr n Messes IS Architects. rights ma raud. le.WARNING:This A Document is protected by U.S.Copyright Lew and International Treaties.Unauthorized npoducton or distribution of this NAe Document,or any portion of R.may n.ua in 3 savant WWI and crMnal penalties.and will be prosecuted to the maximum extent peeeltM under the law.Tin document con produced by AU.dWan at 11:4603 on 10//042012 under Order No.6020262305 1 which Agree on ON13/2013,ends n llor Neale. Uan Nods: (1718e96249) § 16.4 Darner 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 tams of the Cmstrualm Contract. § 16.5 Centred 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 tam Contractor in this Bond shall be deemed to be Subcontractor and the tam Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Na Signature: Na Name and Title: Name and Title: Address: Address: MIL U.S. Docent A11S^'—2010 Payment Bond.The Nnwinn institute of Architects.Act rights reserved.WARMING:This NA Document Is protected by Copyright Les and Inlwnitionel Trestls.an.Wholrsd reproduction or distribution of this Mlle Document,or any PoNcn of!tinny result In 4 severe civil and criminal penalties,and wN be prosecuted to the maximum extent possible under It..leg.This document wee produced by CIA spleen el ( 11:13:03 of,10NDR012 under Order No.51120 96 2 30 5-1 which aspires on 04/13/2013,and M M for resale, User Nola: (1718896249) CORPORATE ACKNOWLEDGMENT State of Florida County of r! GE On this /0 day of ScprE, n&EK , 2020, before me personally came )to64.AS R. MASCH 1L to me known, who being by me duly sworn, did depose and say that he/she is the P es,Oe,ur of DEC Contracting Group, Inc. the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he/she signed his/her name thereto by like order. lit PEGhAL%I* Comiu&, IHH y ExpMMuyg20,2024 i. My commission expires.' umem"'"'g " sc° �- 4 a Nota Public SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 9th day of September, 2020, Before me personally came Cheryl R. Coleman to me known, who being by me duly sworn, did depose and say that he/she is an Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires ( / • LISA BRIEL Commission#50119811 Notary ,State of New sersey My Commission Expires EEE January 10,2025 This Power of Aaomey limits the acts of those named herein,and they have no authority to onbind the Company except in the manner and to the extent herein stated. r :-'r-, Li Iberty 7SA }., Liberty Mutual Insurance Company A Mutual. The Ohio Casualty Insurance Company Certificate No: 8203825-969516 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a mrpaabon duly agonized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a mrpaation dub organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the Ian of the State of Indiana(herein collectively called the"CompaniW),pursuant to and by authority herein set fat,does hereby name,constitute end appoint, Marc). Michalewsky;Sandra A.Pace;Cheryl R.Coleman;Mary).D'Amato;Rachael Hurley;Thomas M.True all of the dry of Westfield stated NJ each indMdualty if there be more than one named,its hue and lawful 8,0meynfact to make, execute,seal,admowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obgations,in pursuance of these presents and shad 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 awn proper Persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer a official of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of June , 2020 . Liberty Muthal Insurance Company — -arurtaau.� ji aye s,�+�yW+iwe., The Ohio Casualty Insurance Company M. �Jf '6 ipa g ! 6 �`I 'i sa Weal American inawerice CompanyTs 03 al 10 m , 1912AS` $'ai 91 a Joe iw 1991 e : �^'" . /' a H �A'i . H M . H David M.Carey,Awststant Secretary s w Stele of PENNSYLVANIA �' 2 D County of MONTGOMERY SS a C o= On this 2nd day of June , 2020 before me personally appeared David M.Carey,who abng authorized him set to be the Assistant Secretary of Liberty Muted lnsumnce_ o m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authaaed so to do,execute the foregoing hsbumenl for the purposes—H therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W cv 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. E O mel 0 ` AQ�(jP FAal r9 COIn10MtFALnr OF PEN1tYLVAKR Y raeln y 0 rw...v w: wvrraa f,r tie rurywklwMTxw..ualNwlwwco,wlx By: ta e 'oE !fin ,�Ry aw*nw.+.Ammwwunul erne Patella,Notary Public Da29 m Y« This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o L Insurance Company,and West American Insurance Company which resdulans are now in MI force and effect reading as follows: t y ARTICLE W-OFFICERS:Section 12.Power of Attorney. rrE 12My officer or other official of the Corporation authorized fa that purpose in writing by the Chairman orthe President,and subject to such limitation as the Chairman a the''—gym ,v_ u 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 >? j m any and all undertakings,bonds,remgnizances and other surety obligations.Such attomeys-in-fad,subject to the limitations set forth in their respective powers of attorney,shall 6Jm.n have full power to bind the Corporation by their signature and execution of any such instumenb and to attach thereto the seal of the Corporation. When so executed,such E eQ z u instruments shall be as binding as if signed by the President and attested to by the Secretary.My power or authority granted to any representative or attomeyin-fact tinder the.t C provisions of this artide may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power a authoity. EE6 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. My officer of the Company authorized for that purpose in writing by the chairman orthe president and subject to such limitations as the chairman orthe president may prescribe,f'— 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 WI undertakings, bonds,recognbances and other surety obligations.Such attorneys-in-fact subject to the limitations set fat 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 es if signed by the president and attested by the secretary. Certificate of Designation-The Resident of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretory to appoint such attorneys-in- fact as may be necessary to act on behalf of The Company to make,execute,seal,adnodedge and deliver as surety any and all undertakings,bonds,recognizences and other surely obligations. Authorization-By unanimous consent of the Companys Board of[rectors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary ofthe Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shah 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 Ohb Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power ofattomey of which the foregoing is a tut,true and caned cepy of the Power of Attorney executed by said Companies.is in hill form and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seas A said Companies this 9th day of September. , 2020 Mud, �1arYwrweay _a 1MW enNS 1912 1815 aa., ..„.. tent c - - y,(r//- yc . h O4rn* hO r Ear * Apia BY Renee C.Llewellyn,Assistant Secretary LMS.13873 LMIC OCIC WAIC Muni Co 1N19 • Liberty LIBERTY MUTUAL INSURANCE COMPANY rs Mutual. FINANCIAL STATEMENT—DECEMBER 31,2019 SURETY Assets Liabilities Cash and Bank Deposits $778,754,989 Unearned Premiums *Bonds—U.S Government 2,780,808,610 $8,007,146,482 Reserve for Claims and Claims Expense "Other Bonds 12,645,608,792 21,532,853,787 'Stocks 16,385,435,431 Funds Held Under Reinsurance Treaties 507,868,920 Real Estate 235,608,378 Reserve for Dividends to Policyholders Agents'Balances or Uncollected Premiums 6,217,983,641 1,143,826 Accrued Interest and Rents 102,273,390 Additional Statutory Reserve 125,722,000 Other Admitted Assets 11957.106,29E Reserve for Commissions,Taxes and Other Liabilities 4,117,460,075 Total Admitted Assets Total S51 IOi 5795E $34,292,195,090 3 Special Surplus Funds $32,768,443 Capital Stock.. 10,000,075 Paid in Surplus 10,044,978,933 Unassigned Surplus 6,723,636,983 Surplus to Policyholders 16,811,384,434 Total Liabilities and Surplus S.5.1103.5.29.5.2.4 r * Bonds are stated at amortized or investment value;Stocks at Association Market Values. • The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department of Insurance. • I,TIM MIKOLAJEWSKI,Assistant Secretary of Liberty Mutual Insurance Company,do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2019,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington, this 271 day of March,2020. Assistant Secretary S-0262LWC4130