The URL can be used to link to this page

07/15/2020 Agreement WW, 111 =a°;'..'"'`!�'1, Kevin Madok, CPA s% ..; 1 r Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: October 13, 2020 TO: Beth Leto,Airports Business Manager FROM: Pamela G. Hancock. SUBJECT: July 15th BOCC Meeting Attached is an electronic copy of die following item for your handling: C26 Contract with the low bidder D.L. Porter Constructors, Inc. in the amount of $2,375,633.00 to construct a new elevated Maintenance Storage Facility at die Key West International Airport.The elevated maintenance storage facility is needed to protect equipment while not in use and to provide a sale environment for airport staff to pertbrtn routine maintenance. The project is being funded by FDOT Grant G 1008 (50%); and Airport Operating Fund 404 (50%); and anticipated Fiscal Year 2020/21 FDOT Supplement Grant Agreement No. 2, in the amount of$500,000.00;with 50%match from Airport operating fund 404. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 CONTRACT Airport Maintenance Storage Facility Key West International Airport THIS AGREEMENT made and entered into the1.5lMay of July 2020 by and between D.L. Porter Constructors, Inc, hereafter "Contractor", and the Monroe County Board of County Commissioners, Key West, Florida, hereafter"County"or"Owner". WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: I. That the Contractor, shall famish 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: Airport Maintenance Storage Facility 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 two hundred seventy (270) 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: 4. A lump sum of Two Million Three Hundred Seventy-Five Thousand Six Hundred Thirtp- .hree Dollars ($2,375,633.00). 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. 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. The prime contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 15 days after the prime contract has received CONTRACT II-1 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 payment from Monroe County,which includes any release of retainage. 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 panics 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 monks together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running front the date the monies were paid to Contractor. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its CONTRACT 11-2 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008- Monroe County DPW Project: GAK1)143 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 attomey'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: (I) 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 contact 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 contact, 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 inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request,and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor 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 taw. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER I19, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO CONTRACT II-3 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 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. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. 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. I I, NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida CONTRACT II-4 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 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 Ill 112"'. 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 14. GOVERNING LAW,VENUE,AND INTERPRETATION:This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. SEVER ABILITY: 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 shalt be valid and shall be enforceable to the fullest extent CONTRACT 11-5 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project GAKD143 permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. ATTORNEY'S FEES AND COSTS: County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of County and Contractor,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 19. BINDING EFFECT: The terms, covenants,conditions,and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 20. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Zl:---- -PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not CONTRACT 11-6 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project:GAKD143 intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute,and case law. 23. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity,and no member,officer,agent or employee of Monroe County shall he liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 25. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts,each of which shall be regarded as an original,all of which taken together shall constitute one and the same instrument and County and Contractor hereto may execute this Agreement by signing any such counterpart. 26. 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: I)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 atnendel(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 CONTRACT 11-7 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. MUTUAL REVIEW. This agreement has been carefully reviewed by Contractor and the County, therefore this agreement is not to he construed against either party on the basis of authorship. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CONTRACT ❑-8 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKDI43 IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date ,C.•,•,,�bove written in two(2)counterparts,each of which shall,without proof or accounting for the (i . . 'a, N terpart,be deemed an original contract. �r . • �KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE C T FLORIDA ✓ '/ i Al / 6 By -.uty Clerk Mayor/Cha' an Witnesses for CONTRACTOR: CONT 9 . d' _ Signature Sig of person uthorized to legally bind Corporation Coleen Castagna Gary A.Loer,President Print Name Print Name Date: June 24,2020 Date: June 24,2020 • `01e6/ Signature NROE ATTORNEY AHOV Kim McGinnis •(��, FORM Print Name AS NTY ATTORNEY Date: June 24,2020 Date 6/26/20 o a - o m -r -i --Ti ,^ � O = w = m C) 0 N CO C CONTRACT II-9 Key West International Airport Monroe County Airport Maintenance Facility Florida DOT Project Number GI008 -Monroe County DPW Project: GAKD143 SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractors failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. A!! insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law.The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured"on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies GENERAL PROVISIONS III-88 Key West International Airport Monroe County Airport Maintenance Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements and" approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverage marked with an X will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidders sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers Compensation DWLRC Statutory Limits WC1 Employer's Liability ELOLW\ $100,000/$500,000/$100,000 WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000 WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000 WCUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverage will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal injury - Expanded Definition of Property Damage Required Limits: GL1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,000/occurrence $ 50,000 property damage or $500,000 combined single limit $ 500,000/person; $1,000,000/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GENERAL PROVISIONS III-89 Key West International Airport Monroe County Airport Maintenance Facility Florida DOT Project Number GI008 -Monroe County DPW Project: GAKD143 $500,000/person; $1,000,000/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion &Collapse (XCU) GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. VEHICLE LIABILITY As a minimum, coverage should extend to liability for: - Owned, Non-owned and hired vehicles Required Limits: VLi $50,000/person; $100,000/occurrence $25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occurrence $50,000 property damage or $300,000 combined single limit VL3 X $500,000/person; $1,000,000/occurrence $ 100,000 property damage or $1,000,000 combined single limit VL4 $5,000,000 combined single limit GENERAL PROVISIONS III-90 Key West International Airport Monroe County REV. 09/12 Airport Maintenance Facility Florida DOT Project Number G1008 -Monroe County DPW Project: GAKD143 MISCELLANEOUS COVERAGES BR1 Builders' Risk Limits Equal to the risk completed project Equal to the max. value of any one MVC Motor Truck Cargo Limits shipment PRO1 Professional Liability $250,000/occurrence PRO2 $500,000/occurrence P RO3 $1,000,000/occurrence POL1 Pollution Liability $500,000/occurrence POL2 $1,000,000/occurrence POL3 $5,000,000/occurrence ED1 Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,000/vehicle) GK2 Keepers $500,000 ($100,000/vehicle) GK3 $1,000,000 ($250,000/vehicle) MED1 Medical $500,000/$1,000,000 Agg. MED2 Professional $1,000,000/$3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. IF Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MCS-90) VLP2 Cargo $500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Max. value of property HKL1 Hangar keepers' Liability $300,000 HKL2 $500,000 H KL3 $1,000,000 AiR1 Aircraft Liability $25,000,000 Al R2 $1,000,000 Al R3 $1,000,000 AEO1 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 Agg. GENERAL PROVISIONS 111-91 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: D.L. Porter Constructors, Inc. (Name of Business) 1. Publishes 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 be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's 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. Gives each employee engaged In providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are 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 nob 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. Imposes a sanction on,or requires the satisfactory participation In,a drug abuse assistance or rehabilitation program if such Is available in the employee's community,for any employee who Is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. Asa person authorized to sign the statement, I certify that thi ' m comp) fully with the above requirements. Bidder Signature Gary A. Loer, President Date: April 23, 2020 BIDDING REQUIREMENTS AND CONTRACT FORMS 1-27 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 SECTION G DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts. Grants. Loans and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to Influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress In connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering Into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress In connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, tisclosure of Lobby Activities', In accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (Including subcontracts, sub-grants and contracts under Grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file requir rtlflcatlon shall be subject to a civil penalty of not less than $10,000 and no ore tha 1 0,000 for each such failure. Slaned: Dated: April 23, 2020 rs th zed Representative Gary Loer, res ent BIDDING REQUIREMENTS AND CONTRACT FORMS I-33 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 SECTION L 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither D.L. Porter Constructors, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. gnature Gary A. Loer, President Date: April 23, 2020 STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to(or affirmed) before me, by means of® physical presence or❑ online notarization, on April 23, 2020 (date) by ___Gary A. Loer, President (name of affiant).f hBtagis personally known to me 0K xxxxxxxxxxxxxxxxxxxxxxxmorxxxxt(twactritraWNApgp61s) as identification. CAA. till° KM MOGINNIS NOTARY PUBL C Kim McGinnis NOTARY PUBLIC STATE OF FLORIDA NO.GG E88456 My Commission Expires: February 24, 2023 IMCONM88WNEXM E8FES24,00M BIDDING REQUIREMENTS AND CONTRACT FORMS I-46 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project:GAKD143 SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE D.L. Porter Constructors, Inc. (Gary A. Loer, President) warrants that he/It has not employed, retained or otherwise had act on his/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 th full amount of any fee, commission, percentage, gift or consideration paid to the former Cou fficer or ployee. Gary . oer Signature) President Date: April 24,2023 STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to (or affirmed)before me, by means of® physical presence or❑ online notarization, on April 23, 2020 (date) by Gary A. Loer, President (name of affiant).&She Is personally known to me 0W9 o000Gerstxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxt( YthPo► sti ttab6lGx as identification. NOTARY PUBLI Kim McGinnis Ism MCGINNIS NOTARYPUBLIC STATE OF FLORIDA My Commission Expires: February 24,2023 NO.DO 2138456 INCOMMISSIONEEPIRESFEa M,len BIDDING REQUIREMENTS AND CONTRACT FORMS 1-48 Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008-Monroe County DPW Project: GAKD143 SECTION Q NON-COLLUSION AFFIDAVIT I, Gary A. Loer according to law on my oath, and under penalty of perjury, depose and say that: 1) I am President ,of the firm of, D.L. Porter Constructors, Inc. the bidder/responder making the bid proposal for the project described In the Notice of Request for Competitive Solicitation for KWIA Airport Maintenance Storage Facility and I executed the said proposal with full authority to do so: 2) The prices in this proposal 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/responder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder/responder and will not knowingly be disclosed by the bidder/responder prior to the opening of the responses, directly or indirectly, to any other bidder/responder or to any competitor. 4) No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; 5) The state nts cont ' d in this affidavit are true and correct, and made with full knowledge that Mo a un lies upon the truth of the statements contained in this affidavit In awa i co a r said project. April 24, 2020 (Signs u f the id r) Gary A. Loer, President (Date) STATE OF: FLORIDA COUNTY OF: SARASOTA Subscribed and sworn to (or affirmed) before me, by means of® physical presence or❑ online notarization, on April 23,2020 (date) by Gary A. Loer, President (name of affiant). - /Weds personally known to me aNkaspnod00aUtxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(lypeostii tintikaaW '4 ea as identification. l�l al) KIM MCGINNIS NOTARY PUBLIC v Im MCGinnIs NOTARY PUBLIC STATE OF FLORIDA No.Go MOM My Commission Expires: February 24,2023 MONSOON BOMB NS LIA BIDDING REQUIREMENTS AND CONTRACT FORMS I-56 2019 / 2020 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2020 RECEIPT#30140-606D2 Business Name: D L PORTER CONSTRUCTORS INC 103 Owner Name: GARY A LOER Business Location: 1805 FS A33 Mailing Address: KEY WEEST,ST,FL 33040 6574 PALMER PARK CIR Business Phone: 941-929-9400 SARASOTA,FL 34238 Business Type: CONTRACTOR(CERTIFIED GENERAL) Employees 20 STATE LICENSE: CGCA51066 Tax Amount Transfer Fee Sub-Total Penalty Pdor Years Collection Cast Total Pald 50.00 0.00 50.00 0.00 0.00 0.00 50.00 Paid 107-18-00005892 08/05/2019 50.00 THIS BECOMES A TAX RECEIPT Denise D. Henrlquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30,2020 Business Name: 0 L PORTER CONSTRUCTORS INC RECEIPT# 30140-60602 1805 STAPLES AVE 103 Business Location: KEY WEST,FL 33040 Owner Name: GARY A LOER Mailing Address: Business Phone: 941-929-9400 6574 PALMER PARK CIR Business Type: CONTRACTOR(CERTIFIED GENERAL) SARASOTA,FL 34238 Employees 20 STATE LICENSE: CGCA51066 I Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cast Total Paid 50,00 0.00 50.00 0.00 0.00 0.00 50.00 Paid 107-18-00005892 08/05/2019 50 .00 2018 / 2019 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2019 RECEIPT*30140-60602 Business Name: D L PORTER CONSTRUCTORS INC GARYA LOE0. 471 US HWY 1 STE 102 Owner Name: Business location: KEY WEST, FL 33040 Mailing Address: 471 US HWY I STE 102 Business Phone; 941-929-9400 KEY WEST, FL 33040 Business Type: CONTRACTOR(GENERAL CONTRACTOR CGC051066) Employees 20 STATE LICENSE: CGCA51066 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Pald 50.00 0.00 50.00 0.00 0.00 0.00 50.00 Paid 102-17-00006908 07/17/2018 50 .00 THISBECOMESA TAX RECEIPT Denise D. Henrlquex, CFC,Tax Collector THIS Is ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2019 Business Name: O L PORTER CONSTRUCTORS INC RECEIPT# 30140-60602 471 US HWY I STE 102 Business Location: KEY WEST,FL 33040 Owner Name: GARYA LOER Mailing Address: Business Phone: 941-929-9400 471 US HWY I STE 102 Business Type: CONTRACTOR(GENERAL CONTRACTOR KEY WEST, FL 33040 CG0051066) Employees 20 STATE LICENSE: CGCA51066 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 50.00 0.00 50.00 0.00 0.00 0.00 50.00 Paid 102-17-00006908 07/17/2018 50.00 CITY OF KEY WEST, FLORIDA Business Tax Receipt This Document is a business tax receipt Holder must meet all City zoning and use provisions. P.O. Box 1409, Key.West, Florida 33040 (305) 809-3955 Business Name D L PORTER CONSTRUCTORS INC Location Addr 1805 STAPLES AVE 103 . . Lic NBR/Class LIC2019- CONTRACTOR DBPR STATE CERTIFIED 000387 Issued Date 9/29/2019 Expiration Date: September 30,2020 GENERAL CONTRACTOR Comments: Restrictions: CGCA51088(08/31/2020) D L PORTER CONSTRUCTORS INC This document must be prominently displayed. C/O GARY LOER 8574 PALMER PARK CIRCLE - - - - - GARY LOER SARASOTA , FL 33040 , RICK SCOTT,GOVERNOR JONATHAN ZACHEM.SECRETARY d bibr STATE OF FLORIDA DEPARTMENT OF BUSINpS,�p�p PROFESSIONAL REGULATION I' .1M Site CONSTRUCTh N q y VAS G BOARD THE GENE GQ . 7 c�4\ . :El_ (It:, 1 .1 UNDER THE PROVI J is 11489, __IL' A: ' '.UTES ( a ^ . ! ',3 ;. (' 1if ��y' ': n 'er ,.tr 0 r rri fi ;, % „y dl`lq ..4‘.04 6,U' EXPIRA •` :r: . SUS 31,2020 Always verify licenses online at MyFlorldaLlcense.com F 427 ' O Do not alter this document In any form. t �_ -<;•n,,'D , This is your license.It Is unlawful for anyone other than the licensee to use this document. CIIeCO:4463 DLPORTER ACORD,. CERTIFICATE OF LIABILITY INSURANCE peseirmal THIS CURTNCATE IS ISSUED AS A LATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CIRTFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFEWATlVELY OR NEGATIVELY AMID,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELCH.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TIE ISSUING NSURERIS),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER IIMORTANT:RIM CCrsSCCte holder is an AOOITIONAL INSURED,the pollc$la)must have ADDMONAL NSURED provisions or be endorsed. If SUBROGATION IS WANED,*WWI b the Tema and oamdlbna at the policy,certain polkas may require an endorsement.A Marmot on MID oirtifleate des not confer any rights to the eertmorte bolder In Sete of such endoawnaM(s). PRODUCER Roughen!Insurance,Inc. 727 44741481 ram*an 449-1267 101 N Sterereet Dr. k Nc,Bch s�ce,com Clearwater,FL 33755 727 M7i4B1 Irs ERNIPMCm NA WDFBM MCl/ MreDT A:COMAY MUMMER OR 39993 MUM .rmESD:Immam.Exams A Surplus Luna Co 29696 D L Porter Constructors,Inc. s.awxe:MsSI,MOM Slawastce Crnarry 23398 857E Palmer Park Circle inumno:Old Dominion SrrWre Company 40231 Sarasota,FL 34233.2777 panF E: COVERAGES CERTIFICATE NUMBER: REVISION MOM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSLEO TOTE INSURED RAFTED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMBIT. TERM OR CONDITDN OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO NHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. yI�E�XCLUSIONS Aso CONOIT1NS OF SUCH APpOpLI�ICIES. UNITS SHOWN MAY HAVE BEEN pRp IEMOO BYY PAIDDpCLMIS. LTE TYPE C IeI aCa eall4r1 MUM NURSED nrappYY1'r leaWrfrrN. MTS A X COMMACIALOCINRALLMEILITT Y Y 103GL001647506 01/01/2020 01/01/2021 RCM OCCURRENCE e1,000.000 QIARI MADE n OCCUR ®amrmmR $1MOOR X BUPD Dad:2,500 Ice segmamorates ,e5.000 Persona•AwwuaY $1.000,000 GENT ANiE(ATE TINT APPLES Pet GENERAL IMAMATE E2.000,000 -I PANTY o o LAC PRWYCm.COMM AGO e2,000.000 DnBt D A„OMMta UNLIT! Y Y B1T3307V D101202001/0112027 tr° ITT sIA00.059 ,.n BODILY DAIRY(%.wean) S ARC my ALROB LLD BODILY INJURY Mr wtlYt) F X %RB ONLY X NIATQNa atAUPER YiaIIIIIIMMMCe $ B LrI .LAUM IXXUR Y Y ZUP0IN0858420NF D1/01/2020-01/01/2021 vat oCcumineca 4A00.000 X ED[eswe X o••da••.DP NWEa.m 15.000.000 mu X arreama10,000 $ C WONNENICOMIPENWON AND anpYwuAwN^ Y/x Y WC208074508 D1B1/MM OIBVlMtX ATof tgaMignSIMECUTIVErn N/A EL EPOIWM1'rO $1.000,000 flow in NN) EL WEENIE-EA DROYEE$1.000.050 DFAP.PnAJegate OF OPERATIONS bob. EL OI -POW(UMT L71000,000 C Leased/Rented 11820593841103 01101/2020.01/01/2021 0100.040 Equipment Dad:S1,000 WGmPTION OFOPETATIONS LOCATIONS I VEHICLES AOael ter.AYM Mats EMhw9'-MWY ifRISTOOPOINIO,gSM) Key West INemationai Airport 3491 8.Roosevelt Blvd Key West,FL 33040 Project DOT Project Number 61008•Nomoe County DPW Project GAKD143 APPROVED RISK MANAGEMENT .. S&-/ I(See Attached Descriptions) 10-9-2020 CERTIFICATE HOLDER ANCEL ATMN YonneBoard MOULD ANY OF TIN ABOVE DtI W POLICIES ea CANCELLED WORE County b THE EXPIRATION DATE THEREOF, NOTICE WILL ea DELNIrIO r Commissioners ACCORDANCE Tar. Tea POLICY PROVISIONS. 1100 Simonton Wrest Key West,FL 390400000 AIN OMETIRPeraBITATNE 0/9es0016 ACORD CORPORATION.AS IIgit mowed. ACORD 25(201SB3) I ot2 The ACORD name and logo are registered madm of ACORD 98132M29M13268M SHER DESCRIPTIONS (Continued from Page 1) Workers Comp Intonation" PropfebrflPnthenlEmative Of ice&Mmit g Excluded: Gory Lox,President ManhnI White,Vice•Pres Additional insured stabs with respect to General Liability,Auto Liability&Excess uablily per the attached fam(s). Waiver of subrogation applies with respect to General Liability,Auto Liability,Excess Liability&Workers Compensation per the attached faints). Coverage Is primary as respects to General Liability and noncontributory as subject to the bans, conditions and exclusions of your policy. SAGGTA2t2(201W02) 2 of 2 1g122/UDN122MMM gala Edition MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the Comity's Schedule of Insurance Requirements,be waived or modified on the following cachet. ConnectorNendor. D.L.Porter Constructors,Inc. Project or Sat EYW Maintenance Storage Facility Contractor/Vendor Address&Phone#: 6574 Palmer Park Circle Sarasota,FL 34238 (941)929-9400 General Scope of Work: This project consists of the construction of a reinforced concrete elevated deck for vehicle maintenance and storage building and structural steel framed roof. ._. Reason for Waiver or Underground Explosion and Liquor Liability-insurance Modification: requirements were included in the contract/insurance specifications in error. Mich Waiver or Modification will apply to: Signature of CoaaactorNenddor: dent ___ ... ... Date: 109-2020 Approved X Not Approved Risk Management Signature: #4,4 a- L SgUserg Dale: County Administrator appeal: Approved: Not Approved: Dale: Board of County Commissioners appeal: Approved: Not Approved: Meeting Dale: Administrative Instruction 7500.7 Ion Construction Services Group Miliant August 20,2020 D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 Re: Type of Bond: Performance&Payment Bond Bond Number: 016217941 Obligee: Monroe County Board of Commissioners Description: Key West International Airport—Airport Maintenance Storage Facility Bond Amount: $2,375,633.00 Dear Kim: At the time the captioned bond was executed,a contract date had not yet occurred. Therefore the bond-was issued as an undated bond. 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. Please do not hesitate to contact us should you have any questions. Liberty Mutual Insurance Company Margaret Ginem Attorney-in-Fact&FL Licensed Resident Agent Milani Insurance Services,Inc.•2701 Nou6 Rocky Point Drive,Suite 960,Tampa,FL 33607 PHONE(813)210-4412•www.alliant.com•License No.0C36861 THIS-POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein elated. Certificate No.8103354 Liberty Mutual Insurance Company The ChM Casually Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casually Insurance Company is a corporation duly orgenimd under the laws of the Slate of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stele 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 1,pursuant to and by authority herein set lode.does hereby name,constitute and appoint, Anatl Cardinale;David H.Carr,Margaret A.Ginem all of the My of Tampa ,slate of FL each individually If there be more than one named.its time end lawful attonwyin-facl to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and an undertakings.bonds,recognizar0es 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 Me Companies in their am paper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of Me Companies and the corporate seals of the Companies have been affixed thereto this 22rd _ day of August , 2018 N pwy r man /urs„u,\ e,,,uwe The Ohb Casually Insurance Company V� / .a t h 8 Liberty Mutual Insurance Company m �WH = 9�` 1912 :y `�99,/' WestInsurance Company a oUi By: C STATE OF PENNSYLVANIA ss David M.Carey Istanl Secretary C to ,tam COUNTY OF MONTGOMERY c 0 0 On gds 22nd dayof August . 2018 _NN C mbefore me personally appeared David M.Carey,who acknmvletlAed himself to be Me Assistant Secretary of Liberty Mutual Insurance p H O m Company,The Ohio Casualty Company,and West American>sumace Company,and that he,as such,being authorized so to do,execute the foregoing Instrument for the purposes TW Oct therein contained by signing on behalf of me corporations by himself as a duly authorized officer. CE Nr > IN WITNESS WHEREOF.I have hereunto subscribed my name and elfxed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O a y o ye PAa1 COMMONWEALTH OF PENNSYLVANLA /-/' /�� tiM e"„ronr Fy ��1414-) /JJ/r/^��n)y jjjy�� .- . �� Teresa il'w. betegg Pegg NOWnal Seal By: N— '— Not �� O ec a aF Upper Menlo w.Manny:meg County Teresa Pamela,Notary Public C \ \ ♦de My Comesean Exa sc Merl l&1N1 m ai`o c Member.v♦nn>.m mebr«.w ei ne.,,mr a E C N This Power of Attorneyde and executed pursuant to and byauthorityof the followingB saws and Authorizations of The Ohio Casually Insurance Company, Mutual m m is ma v yLiberty o Olt Insurance Company,and West American Insurance Company which resoluWns are now in full force and effect reading as follows: 0 m of al ARTICLE IV-OFFICERS-Section 12.Power of dmitomey.Asy officer orother official of the Corporation authorized for that purpose In mating by the Chairman a the President,an subject O c O- to such Imitation as the Chairman a the President may prescribe,shall appoint such att mays-lmlect,as may be necessary to ad in behalf of the Corporation to make,execute,seal, x acknowledge and dasher as surely any and all unde kings,bonds.rewgntrdnces and other surety obligations.Such instruments asdmfact,subject et the limitations set forth in their respective y 4, E powers of attorney,shell have hill power to bind the Corporation by their signature and execution eof ceny suchpowerc and to attach thereto the seal of the Corporation. Wien so m m cl'm' exewled.such instalment shall be as binding as If Mann by the President and attested to by the Secretary My or authority granted to any representative or attorney-in-fact under >e�c C r the provisions of this article may be revoked at any lime by the Board,the Chairman.the President a by the officer or officers granting such power or authority. §y ,a C ARTICLE XIII-Execution of Contracts-SECTION5.Surely Bonds and tkdedakings.My officer of the Company authorized for that purpose in writing by the chairman or the president, E 0? > fyy� and subject to such limitations as the chairman or the president may prescribe.shall appoint such attorneys-in-fad.as may be necessary to act in behalf of the Company to make,exeoAe. M o j seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surely Wligalions. Such attorneys-in-fact Subject to the limitations set forth in their C 0? Zrespective powers of attorney,shall have full power b bind the Company by their signature end execution of any such instruments and to attach thereto the seal of Me Canpany. When so Ve exeared such instruments shall be as Nang as If signed by the president and alleged by the secretary. Oct 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 altorneysin- F" fact as may be necessary to ad on behalf of the Company to make.execute,seal,acknaMedge and deliver as surely any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent oI the Co pany's Board of Directors,the Company consents That facsimile or mechanically reproduced signature of arty assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary The Ohio Casualty Insurance Company. Liberty Mutual insurance Company, and West American Insurance Company do hereby ceiury that the original power of attorney of whkh the foregoing is a full.true and cared copy of the Pore of Moony executed by saki Companies.Is in full force and effect end has not teen revoked. 1 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the sea of said Companies this e��day of ,20 d . DC) �b mw iy ,3 n^�w.'^•sr^a in Byt r Renee C.L sbnl Secretary • 120 of 200 CMS I2873_0220II Bond No. 016217941 Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place ofbusiness) 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.Consulalbnwith Sarasota, FL 34238 Mailing Address for Notices an attorney is encouraged with respect to Its completion or Same as above modincegon. OWNER: Any singular reference to (Name,legal status and address) Contractor.Surety,Owner or other party shag be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street, Room 2-213 Key West, FL 33040 CONSTRUCTION CONTRACT Date: July 15, 2020 Amount S 2,375,633.00 Two Million Three Hundred Seventy Five Thousand Six Hundred Thirty Three Dollars and 00/100 Description: (Name and location) Doe 112280185 MIA 3042 Pdi212 - - - - Airport Maintenance Storage Facility-Project GAKD143 Recorded 9/3/20203:44 PM Page I of 12 Pled and Recorded in Official Records of BOND MONROE COUNTY KEVIN MADOK,CPA Date: (Not earlier than Construction Contract Date) Amami:S 2,375,833.00 Two Million Three Hundred Seventy Five Thousand Six Hundred Thirty Three Dollars and 00/100 Modifications to this Bond: © Nona ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Send) Company: (Corporate Seal) D.L. Porter Con r ctors, I Liberty Mutual Insurance Company Signature: Signature: i a• ^+preen t/ Name /1• le Name Margaret Glnem meanie /lfly and Title: Attorney-in-Fact (Any additional signatures appear on the last page alibis Pen brmance Bad.) (FOR INFORMATTONONLY—Name.address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Architect,Engineer or other parry:) 2701 N. Rocky Point Drive, Suite 960 Tampa, FL 33607 Inquiries: 813 210-4412 • §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. §21fthe Contractor performs the Construction Contract,the Surety end 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 Consucion Contract,theSurety'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 Omer,Conimctorand 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 Surely 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.lithe Owner,the Contractor and the Surely agree,the CoMracmr shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's tight,ffany,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 Jr.accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Pallure on the part of the Owner to comply with the notice requirement In Section 3.1 shall not constitute a failure to comply wigs a condition precedent to the Surety's obligations,or release the Surety from Its obligations,except to the extent the Surety demonstrates actual prejudice. §6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one oflho following actions: §6.1 Mange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §6.2 Undertake to perform and complete the Construction Contact itself,through its agents or independent contractors; §6.3 Obtain bids or negotiated proposals fain qualified contractors acceptable to the Owner for a contract Theperformanee and completion of the Construction Conlmd,arrange for a animal lobe 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 surely equivalent to the bonds Issued en the Corstmetion Contract,and pay to the Owner the amount of damages as described in Section 71n excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive Its right to perform and complete,arrange for completion,or obtain a new contmctorand 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,mare payment to the Owner,or .2 Deny liability in whole or In pan and notify the Owner,citing the reasons for denial. §8 lithe 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.lithe 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 Ownershall be entitled to enforce any remedy available to the Owner. • • §7 if the Surely elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surely to the Owner shall not be greater than those ofthe 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 forcorrection of defective work end completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contracted*Default,and resulting from the actions or failure In act ofthe Surely under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contact,actual damages caused by delayed performance or non-performance of the Contractor. §B lithe Surety elects to act under Section 5.1,5.3 or 5.4,theSurerys liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or Acts for obligations of the Contractor that am unrelated to the Construction Contract,and the Balance of the Contract Price shell not be reduced or set olron account of any such unrelated abligalions.No right of action shall accrue on this Bond to any person or entity other than the Owner or its helm,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes oflime,to the Construction Contractor orelated subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court ofcompetentjurlsdiclion in the location in which the work or part of the work is located and shall be Instituted within two years aftera declaration of Contractor Default orwithin twoynra after the Contractor ceased worldng or whin two years after the Surety refines or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of Ns Paragraph are void or prohibited by law,the minimum period of limitation ovallahk 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 bo mailed or delivered to the address shown on the page on which their signature appcan. §13 when this Bond has been gnmialhed to comply with a statutory orother 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 Pomished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,Including allowance to the Contractor of any amounts received or to be received by the Owner In settlement of Insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or an behalf oldie Contactor 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 otthe Construction Contract. §14.4 Owner Default.Failure of the Owner,which basnot been remedied orwaived,to pay the Contactor es required under the Constantino Contactor to porfomu and complete or comply with the other material terms oldie Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §16 Wilds Bond is Issued for en agreement between a Connector and subcontractor,the term Contractor In this Bond shall be deemed lobo Subcontractor and the term Owner shall be deemed to be Contractor. $18 Modifications to this bond are as follow; (Space Is provided below for additional signatures of added parties.other than Grose appearing o the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Nome and Title: Address Address • ' THIS POWER Off ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein.and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No.8183342 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmericall Insurance Company 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 Stale 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 Stale 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 oily of Tampa ,stale of FL each Individually If there be more Nor One named.Its eve and ladul attorney-in-fed 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;recognizailces and other surely obligations.in pursuance of these presents and shah be as bindng 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 thus 22nd day of August - 201e , A N lc ebdip "r*.v S s a° The Ohio Casualty Insurance Company. 1 J : y o Openly%Mal Insurance COmpaay m out `n N r _ a 1 Wes Insurance Company rii r ' a By: � C STATE OF PENNSYLVANIA ss David M.Carey:Assistant Secretary C ,r 1 COUNTY OF MONTGOMERY C a = 0 d ta On this 22nd day of August , 2010.before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 3 H. O m Company,The Ohio Gamely Company,and West American Insurance Company.and that Ile,as such,being aulhaized so to do,execute the foregoing instrument for the purposes TW U W therein contained by signing on behalf of the cc orelions by himself as a duly authorized officer. 0! ig > 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 aboqve written. 0 0. IS 0 O z op PAsp* COMMONWEALTH OF PENNSYLVANIA yy//�'q//�y/� �� ra1M _'0 P�xy N -ISral /rasa Pa') Nate pa iereinP Navy Pubav 9y: �W�^ '___ B t My Upper Co won W- M ry5ou2y TeresaPaetelte,NotaryPublic C F ��Nu MY COmnuasb11Ery Muh20,2021 m as.• 0 wM<AP Merbw Pe nnsyn or Nottriei 4E C o bi This Power of Attorney is made and executedpursuant to and byauthority I the btiown Sy-laws and Aulhorizetions of The Ohio Casual Insurance Company, Ritual m R no 9 Y yLiberty C y Insurance Company,and West American Insurance Company which resolutions are now in lull force and effect reading as follows: «o T m Y ARTICLE IV-OFFICERS-Section 12.Power den Attorney.Any officer or other official of the Corporation a as mayod for mat purpose in weltingby the ChairmanorNo President,and subject O c 0. to such limitation as the Chairman a the President may orescnds,shall appoint such ether fad,as be necessary to act in behalf of the Corporation to make,execute,seal, a.n O e acknowledge and deliver as surely any and all dundertakings,theC bonds,recognizance,and other surety obligations.Suchments ariin-ecl,subject batheemilations set torten their respective ta E powers of attorney,shell have lull 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 '> os 0 00 executed,such instruments shall be as binding as it signed by thePresident and attested to by the Secrelay.Any power or authority granted to any representativeOf attorney-Intact under >sol. CI- the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. $p �g c ARTICLEXIE-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, Eo? > : and subject to such limitations as the chairman or the president may prescribe,shay appoint such alomeyain-fact.as may be necessary to act in behalf of the Company to make,execute, p O j seal,ezhnoNedge and deliver es surety any and all undertakings,bonds,recegnizances and other surety obligations. Such attorneys-in-feel subject to the limitations set forth it their E r>p Z 0 respeeniepuwers of attorney,shall have full power to bind the Company by their signature end execution of any such instruments and to attach thereto the seal d the Company.When so go executed such instrumentsshaltbe asbinding as it signed by the president and attested by the secrelary. F rQ lb Certificate of Designation-The President of the Company.ailing pursuai to the Bylaws of the Company,authorizes David M.Gamy.Assistant Secretary to appoint such attomeyaim fad as may be necessaryto 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 codified copy of any power of attorney issued by the Company in connection wilts surety bonds,shall be valid and binding upon the Company with the same farce and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Seretry, The Oh* Casually Insurance Company. Liberty Mutual Insurance Company, end Want American Insurance Company do hereby certify Nal the original power of attorney of which the foregoing N a NIL Imo end coned copy Of the Power of Attorney executed by said Companies bin NA force and effect and has not teen revoked IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals on said Companies this day of .20 Posh " W a r 05 `> n x ePw1991 �_ By: �44:77: �- � Remo C.Uevallenssalanl Secretary • tee d 200 LA1S_12873 02101/ • Bond No. 016217941 Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name,,legal Maras and address) (Name.legal fl,l,,s and principal place ofbratness) D.L. Porter Constructors, Inc. • Liberty Mutual Insurance Company 6574 Palmer Park Circle 175 Berkeley Street This dmo ment has Important legal Boston, MA 02116 consequences.Consullalan with Sarasota, FL 34238 Mailing Address for No0ces an attorney is encouraged with reaped toils completion or Same as above modification. OWNER: Any Ovular reference to (Name,legal status and address) Contractor,Surety,Owner or other cartyshalt be considered Monroe County Board of County Commissioners plural where applicable. 1100 Simonton Street, Room 2-213 Key West, FL 33040 CONSTRUCTION CONTRACT Date: July 15, 2020 Amount:$2,375,633.00 Two Million Three Hundred Seventy Five Thousand Six Hundred Thirty Three Dollars and 00/100 Description: (Name and location) Airport Maintenance Storage Facility-Project GAKD143 BOND Dote: (Not earlier than Construction Contract Late) Amount:$2,375,633.00 Two Million Three Hundred Seventy Five Thousand Six Hundred Thirty Three Dollars and 00/100 Modifications to this Bond: D None ® See Section IS CONTRACTOR AS P CIPAL SURETY Company: orporate Seal) Company: (Corporate Seal) D.L. Porter Cons o Liberty Mutual�u- 1 Insurance, � " CompanyCo ,y Signature: - Signature: g a4442 nern Q . +ttenzwP1.7/ Nemo p?Ry Nemo Margaret p(Ginem and Title: j-jdroG✓7 and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alhant Insurance Services, Inc. (Architect,Engineer or other party:) 2701 N. Rocky Point Drive, Suite 960 Tampa, FL 33607 • Inquiries: 813 210-4412 §17he Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrator,successors end assigns to the Owner to pay for labor,materials and equipment Burnished for use in the performance ofihe Constmcgon Contract,which is incorporated herein by reference, subject to the following terms. §2 If the Contactor makes payment of all sums due to Claimants,and defends,indemnifies and holds Ienuless the Owner from claims, demands,liens or suits by any person orentity seeking payment for labor,mendeia or equipment fttmished for use In the performance of the Construction Contract,then the Surety and the Contractor shalt have no obligation under this Bond. §3 lfthere 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 wits against the Owner or the Owner's property by any person or entity seeking payment far labor,materials or equipment thrashed for use In the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contactor 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,Indemdty and hold harmless the Owner against a duly tendered claim,demand,lien or suit, §5 The Surctya 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 Pomished a written notice of non-payment to the Contractor,statingwlh substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,Mnlshed orsupplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or lass furnished materials or equipment Included in the Claim; and .2 have sent a Claim totho Surety(at the address described In Section 13). §8.2 Cleimants,who am employed by or have a direct concoct withthe Contractor,have sent a Claim to die Surety(at the address described in Section 13), §e Ifa notice of nonpayment required by Section 5.1.1 Is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation io fun dsbavniiten notice ofnon payment under Section 5.1.1. §7 When a Clalmanthas satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shell promptly and at the Surety's expense lake 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 orarange for payment of any undisputed amounts. §7.3 The Surety's failure to diadterge its obligations under Section 7.1 orSection 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 ban reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 orSection 7.2,the Surety shall indemnify the Claimant for the reasonable attumey's fees the Claimant Incurs thereafter to recover any sums found to be due and owing to the Claimant. §QThe Surety's total obligation shall not exceed the amount of this Bond,plus the amountofreasonable attorney's Res provided under Section 7.3, and the amount nations Bond shall be credited for any payments made in good faith by the Surety. §9 Amousdsowel by the Owner to the Contractor under the Construction Contract shell be used for the performance of the Construction Contract and to satisfy claims,if any,under anycomstmmiun performance bond.By the Contractor furnishIngand the Owner accepting this Bond,they agree Ihal all Nerds earned by the Contractor In the performance of the Construction Contract arededicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the thirds for the completion of the work.. §10 Tho Surely shall not be liable to the Owner,Claimants or others for obligations of the Conlmctor that arc unrelated to the Construction Contract. The Ownetslall 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 lo,orgive notice on behalf of,Clabnanls or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders end other obligations. §12 No suit or actionshall be commenced by a Claimant under this Bond other then In a court ofco petentjudsdlnlon In the stale in which the project dulls the subject ofthe Contraction Contract is located or after the expiration of ono year front 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 Connection Contract,whichever of(t)or(2)first occurs.If the provisions efmb Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in theJurisdiction of the suit shall be applicable. §19 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 he 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 sold statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bead,the Contractor and Owner shall promptly furnish a copyofthis Bond or shall permita copy to be made. §18 Definitions §18.1 Clain.A written statement by the Claimant including al a minimum: .1 the name of the Claimant; .2 the the name of the Renton for whom the labor was done,ormatedab or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use In the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment finished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Consinmilan Contrive; .8 the total amount tamed by the Claimant for labor,materials or equipment finished as of the date of the Claim; .7 the total amennt of previous payments received by the Claimant;and .8 the total Amami due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §/8.2 Claimant.An individual orentitylaving a direetcontract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use In the performance of the Construction Contract.The term Claimant also Includes any individual or entity that has rightfully asserted a claim under on applicable mechanics lien or similarsbmte against to reel properly 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 pen of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used In the Construction Contract,architectural and engineering services required for performence of the work of the Contractor and the Contractods subcontractors,and all other items for whin a mechanic's lien may be asserted in thojurhdietion whore the labor,materials or equipment were furnished. §46 3-Conatucton Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Cannel Documents. §18.4 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 lerma of the Confliction Contract. §18.8 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If Oda Bond Is issued for an agreement betweena Contractor and subcontractor,the term Comraetar in this Bond shall be deemed lobe Subcontractor and die term Owner shall be deemed to he Convector. §18 Modifications to this bond aro as follows: THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES,INCLUDING BUTNOTLIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2),255.05(8)AND 255.05(10),ARE INCORPORATED INTHIS BOND BY REFERENCE, (Space Is provided below for additional signatures Wadded parties,other than ihose appenrfaagon the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signuture: Name and Title: Name and Title: Address Address ' THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the eds of those named herein,and they haul no authority to bind the Company except In the manner and to the extent herein stated. Cedifimle No.8183353 Libedy Mutual Insurance Company The Ohio Casually Insurance Company West American insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS.That The Ohio Casually Insolence Company is a corporation duly organized under the laws of the Slate of New Hampshire,That Liberty Mutual Insurance Company is a corporation duly organized under the Iowa of the State of Massachusetts. spa Wad American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name constitute end appoint, Melt Cardinale;David H.Carr;Margaret A.Gloom. all of the city of Tampa ,slate of FL each Individually if there be more than one named,its two and lawful ahorneyeimlact to make,execute,seal,acknowledge and deliver,for and on its behalf as suety and as Its act and deed,any and all undertakings,bonds,recognizances aid other surely obkgations,In pursuance of those 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 Niamey has been subscribed by an authorized officer or official of the Companies end he corporate seals of the Companies have been affixed thereto this 22nd day of August 2018 , Ss m l H L molt, S 'O d .," ." ".+. „t n The Ohio Casualty Insurance CompanyW a Liberty Mutual Insurance Company m 0 1919 1912 a 1991 O West � ert en Insurance Company try °.9N 'c, '4' t �yJJ1m1I d C STATE OF PENNSYLVANIA se M Carey{Assisranl Secretary . eiti _+1 COUNTY OF MONTGOMERY . NC te CI On This 22nd day of August . 2018,before me personally appeared David M.Corey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance b H b N Company,The Ohio Casually Company,and West American Insurance Company,and That he.as such,being authorized so to do,execute the foregoing Instrument for the purposes TN C q therein contained by signing on behalf of he corporations by himself as a duly authorized officer. C E 5 > IN WITNESS WHEREOF,I nave hereunto subscribed my name end affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above Millen 06 y J ¢y OPgeTa, COMMONWEALTH OF PENNSYLVANIA 41 and to . I1/\/0 `J/l T 5a Pa9Mh N n ryPudk BY: M"^'„" , `�"� O C 1 Opp M era* M ,vaomnry caunp Teresa Paalella,Notary IS ;11 \\w,41 9 MyC icnarhu MrwM1]e]931 ry r o op Menke nrNr'nnu AtembEm Of adnrw. o E'. CaEe 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 Y1 co a•a, Insurance Company,and West American Insurance Company which resolutions are now In lull force end .c effect reading as Follows: et ei m E ARTICLE lv-OFFICERS-Section 12.Power ofAltooiey.My officer or oilier official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c tr to such imitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, 4. C G ackr wledgeanddelier 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 'p E 0cb? powers of attorney,ehel have full power to bind the Corpoatiion by their signature and execution of any such Instruments and to attach thereto the seal of the Corpaa1bn. When m • der 15 Td executed,such Instruments shall be es binding as ii signed by the President and attested to by the Secretery My power or authority granted many representative or allorneyiMact under >oa 9 T the provisions of this article may be revoked al any time by the Board,the Chairman,the or by the officer a affcors granting such power or authority. dip 2 C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undedakings.My officer of the Company authorized for that purpose le willing by the chairman or the president, §E4, '., > e and subject to such ltmilmlons as the chairman or the president may prescribe.shall appont such elbmeysiMed.as may be necessary to act in behalf of the Company to make.execute, `eey o Z U seal,acknowledge and deliver as surely any and all undertakings,bonds.recognizances and oilier surety obligations. Such attorneys-in-fad subject to the limitations set forth in their ig respective powers of attorney,Shall have full power to bind the Company by their signalwe and execution of any such tnsWments and to attach thereto the seal of the Company. Wien so u,0 executed such Instruments shall be as boding as if stared by the president and attested by the msretery. 0If F Certificate of Designation The President of the Company,acting pursuant to the Bylaws of the Company,aulhodzes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal.acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surely , 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 Ole 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 Hniing upon the Company with the same farce and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance.Company, Liberty NJNa Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,due and correct copy of the Power of Attorney executed by said Companies,is it fun forceand effect and ...has not been revoked. IN TESTIMONY WHEREOF !have hereunto set my hand and affixed the seals of said Companies this day of ,20 /4109 0 9 a 1912 I991 a BY: "�^'�' " � oW4A J trot t�w9MoraaMBry 119ot 200 LA15 12873 @3011 •