#11/17/2020 Agreement a 'N1,, Kevin Madok, CPA
a;' =' Clerk of the Circuit Court&Comptroller—Monroe County, Florida
�a- =
DATE: November 25, 2020
TO: Beth Leto,Airports
Business Manager, KWIA
FROM: Pamela G. Hanco .L.
SUBJECT: November 17"' BOCC Meeting
Attached is an electronic copy of the following item for your handling:
III; Contract with Design Center, Inc., in the amount of$319,500.00 for the Florida
Keys Marathon International Airport Terminal Interior Rehabilitation Project."Elie project is
funded by State FDO"I'Grant C 1 P52 (80%); and Marathon Airport Operating Fund 403 (2096).
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 PWROTH 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
Florida Keys Marathon International Airport 11/202 0
Monroe County
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S E C T 1 0 N D
CONTRACT
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport
THIS AGREEMENT made and entered into the 17th day of November , 2020
by and between Design Center, Inc. Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner,
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated documents;
Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions,
Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda,
which are attached hereto and made a part hereof, as if fully contained herein, for
the construction of:
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport
Monroe County, Florida
2 That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall
fully complete all work hereunder within one hundred eighty (180) 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
contract documents the Contract Lump sum of
Three Hundred Nineteen Thousand and Five Hundred Dollars
($ 319,500,00
4. On or before the 15th day of each calendar month, the Owner shall make partial
payment to the Contractor on the basis of a duly certified and approved estimate of
work performed during the preceding calendar month by the Contractor. County
shall pay in accordance with the Florida Local Government Prompt Payment Act. Each
Application for Payment shall be based upon the Schedule of Values for the project,
The Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
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substantiate its accuracy as the Director of Airports may require. This schedule, unless
objected to by the Director of Airports, shall be used as a basis for reviewing the
Contractor's Applications for Payment. Applications for Payment shall indicate the
percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment. Subject to the provisions of the Contract
Documents, the amount of each progress payment shall be computed as follows: Take
that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of
the total Contract Sum allocated to that portion of the Work, less retainage of ten percent
10%. Payment will be made after delivery and inspection by County and upon submission
of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule
in arrears. Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as, may govern the Clerk's disbursal of funds.
a. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account of
this agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work
by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages, Special Provision No- 3, per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, which sum shall
represent the actual damages which the Owner will have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is
not a penalty being the stipulated damages the Owner will have sustained in
the event of such default by the Contractor-
7. It is further mutually agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to
cover the performance of the work, the Contractor shall, at its expense within five
(5) days after the receipt of notice from the Owner so to do, furnish an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment to
the Contractor shall be deemed to be due under this agreement until such new or
additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Records shall be
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retained for a period of seven years from the termination of this agreement or for a
period of three years from the submission of the final expenditure report as per
2 CFI §200,333, whichever is greater. Each party to this Agreement or its 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 seven 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, or were wrongfully
retained by the Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date
the monies were paid by the County.
9. PUBLIC ACCESS, Public Records Compliance. Contractor must comply with
Florida public records laws, including but not limited to Chapter 119, Florida Statutes
and Section 24 of article I of the Constitution of Florida. The County and Contractor
shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
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would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470,
BRADLEY-BRIAN@MON ROECOUNTY-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
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asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity
of Contractor or any of its employees, agents, contractors or other invitees
on the Airport during the term of this Agreement, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors or
other invitees, or (C) Contractor's default in respect of any of the obligations that
it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of
the County or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of
this Agreement.
In the event the completion of the project (including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any
and all increased expenses resulting from such delay.
The first ten ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted. The
underwriter of such insurance shall be qualified to do business in the State of
Florida, If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this
agreement.
10. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of See. 768.28,
Florida Statutes, the participation of COUNTY and CONTRACTOR in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any Agreement entered into by the COUNTY be required to contain any provision for
waiver.
1. NO PLEDGE OF CREDIT. CONTRACTOR shall not pledge the COUNTY'S credit
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or make it a guarantor of payment or surety for any contract, debt, obligation,
judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and
represents that it has no obligation or indebtedness that would impair its ability
to fulfill the terms of this contract.
12. NOTICE REQUIREMENT: Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to
the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
Beth Leto, CIPM
Deputy Director, Airport Finance & Admin.
Key West International Airport
3491 South Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR:
Andrew George
6677 Overseas Highway
Marathon, FL 33050
13. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be
governed by and construed in accordance with the 12WS of the State of Florida
applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and
CONTRACTOR agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe COUNTY, Florida.
14. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any
of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the
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circuit court of Monroe County,
15. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid
or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision
of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
provision.
16. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the
event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in appellate proceedings. Each party agrees to pay its own court
costs, investigative, and out-of-pocket expenses whether it is the prevailing party or
not, through all levels of the court system.
17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY
and CONTRACTOR. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of COUNTY and CONTRACTOR,
then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
18, COOPERATION: In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach 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
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authorized by all necessary County and corporate action, as required by law.
21. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers" compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the
COUNTY, when performing their respective functions under this Agreement
within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
23. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce
any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the COUNTY and the CONTRACTOR agree that
neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement,
24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this 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.
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26.NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of
the court order. Contractor agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex-, 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8)Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code Chapter 14, Article 11, 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-
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T ITNESS WHEREOF the parties hereto have executed this agreement on the day and
i` sl above written in two (2) counterparts, each of which shall, without proof or accounting
they counterpart, be deemed an original contract.
41 ;TAR
BOARD OF COUNTY COMMISSIONERS
f'- : KEVIN MADOK, CLERK OF MONROE • - - , . - o •
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NOTARIAL JURAT (�
STATE OF: -iemi.dl
COUNTY OF: Aft.15WLOC.,
Subscribed and sworn to(or affirmed) before me, by means of"$physical pre • 1�y-;•ne
notarization, on -, `a}(m V)JJ% /O1O*date) by And flak)
(na a of affiant). He/She i personally known to me or has prod
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'Who is authorized by the corporation to execute this contract.
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ASSI MY ATTORNEY
Date 11/10/20
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INTENTIONALLY LEFT BLANK
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SECTION E
DRUG FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby
certifies that:
Design Center, Inc.
(Name of Business)
1 Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations
of such prohibition.
2. Inform such employees out the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation and employee assistance programs and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in Sub-section (1).
4. In the statement specified in Sub-Section (1), notify the employees that as a
condition of working on the commodities or contractual services that 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 of contendere to any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state for
a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As a person authorized to sign the statement, I certify that thi-_ firm rnmnfip-, foolk/ with the
above requirements.
Bidder's Signature
Date: 11/3/2020
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SECTION M
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY
FLORIDA
ETHICS CLAUSE
Christopher Nolan, E.I. warrants that /it has not
employed, retained or otherwise had act on his/its behalf any former County officer oremployee
in violation of Section 2 of Ordinance No. 10-1990 or any County officer ore ployee in violation
of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this Contract without liability and may also, in its discretion,
deduct from the Contract or purchase price or otherwise recover the full amount of any fee,
commission, percentage, gift or consideration paid to the former County officer or employee.
(Signature)
Date: 11/3/2020
NOTARIAL JURAT
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of ED physical presence or El online
notarization, on November 3,2020 -(date) by Christopher Nolan
(name of affiant). He/She is personally known to me or has produced
personally Known (type of iden ifi tion identification.
LESLEY SPADE
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SECTION 0
NON-COLLUSION AFFIDAVIT
1, Christol.her Nolan, E.1 of the city of Marathon according
to law on my oath, and under penalty of perjury, depose and say that:
1) I am Christopher Nolan, E.I.
of the firm of Design Center Inc.
the bidder making the bid proposal for the project described in the Notice for Calling for
bids for: Marathon Airport Terminal Interior Rehabilitation
and that I executed the said proposal with full authority to do so:
2) The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices is have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
11/3/2020
(Signature of the Bidder) (Date)
NOTARIAL JURAT
STATE OF: Florida
COUNTY OF: Monroe
Subscribed ands or o (or affirmed) before me, by means of M physical presence or El online
notarization, on November 3, 2020 - (date) by Christopher Nolan
(name of affiant). He/She is personally known to me or has produced
Personally Known (type of identific tio n� identification.
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BIDDING REQUIREMENTS AND CONTRACT FORMS 1-51
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DATE(AhMInD/YYYY)
ACC>R" CERTIFICATE OF LIABILITY INSURANCE F
11I1 J2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy®certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsoment(s).
PRODUCER 77PLYMOUTH INSURANCE G CY
PlymouthInsuranceAgencymooO E EXt: 7 7- 32- 0 C Ne: 77- 1-7 0
No
739 U 1 North E-MAIL
ADnREss:Certs@plymouthinsuranceagency.com
Holiday, FL 34691
iNstIRER(sl AFF6RDIatO, COVERAGE PiA9CB
INSURER A: Kinsale Insurance Company 38920
INSURED Design Centex', Inc, JC COnst Mgmt Inc, INSURER B
Royal Crest Co.Inc,dba Royal Crest Bldrs INSURERC
77 Overseas INSURER D:
Marathon, FL 33050 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lN$R TYPE OF INSURANCE ADDL SUBR d I>OLICY LICY E EFF —POLICY LIMITS
a RED D POLICY NUMBER MWDD/Y (MM/DD/YYYY)
COM61EaCtAL GENERAL LIABILITY ° EACH OCCURRENCE $ 1 µ000 000
CLAIMS-MADE OCCUR
�I PREMISES 100,000
10100115940-0 5/26/2020 5/26/2021 MEDEXP(Anyoneperson) $ 000
Y PERSONAL A ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY El PRO-ECT LOC PRODUCTS-COMPIOPAGO $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY $
Ea accident
ANYAUTO Approved0 t BODILY INJURY(Per person) $
OWNED HEDULED BODILY INJURY(Per accident) $
AUTOS ONLYAUTOS
HIRED N-OWNED _;el, PRC3P 'Y DAPAAGE $
AUTOS ONLYTOS ONLY Per accident
$
UMBRELLERRETjENTION
I
OCCUR �1—1 _ EACH OCCURRENCE $
EXCESS LCLAIMS- DE, 0 V AGGREGATE $
DEn $
WORKERS COMPENSATION 6
AND EMPLOYERS'LIABILITY Y,N STATUTE ER _ �
ANY PROPRIETOPJPARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICE EMBER EXCLUDED? N`A
(Msndslory In MG � E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $
I
DESCRIPTION OF OPERATIONS/LOCATIONS?VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached sf Hoare space is required)
Monroe County Boardof County Commissioners is named as Additional Insured with respect
to General Liability.
CERTIFICATE HOLDER CANCELLATION
COUNTYMONROE
Boardnt Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1100 SIMONTON STREET ACCORDANCE WITH THE POLICY PROVISIONS.
KEY WEST, FL 33050
AUTHORIZED REPRESENTATIVE
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD25(2016t03) The ACORD name and logo are registered marks of ACORD
Cl CWA02 10 11
CERTIFICATE OF INSURANCE
This certificate is issued for informational purposes only. It certifies that the policies listed in this document have
been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify
coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions
of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regard-
less of the provisions of any other contract, such as between the certificate holderand the Named Insured. The limits
shown below are the limits provided at the policy inception.Subsequent paid claims may reduce these limits.
Certificate Holder. Named Insured:
MONROE COUNTY BOCC JC CONSTRUCTION MANAGEMENT INC AND
1100 SIMONTON ST DESIGN CENTER INC
KEY WEST, FL 33040-3110 6677 OVERSEAS HWY
MARATHON FL 33050-2734
Automobile Liability
Insurer Name: Allstate Insurance Company
PollcyNumber 648854333
I-Any Auto 12-Owned Autos Onl 3-Owned Pdv.Pass.Autos Only
4-Owned Autos Other Than Priv. X 5-Owned Autos Subject to No 6-Owned Autos Subject to a Compulsory UM Law
Pass.Autos Only Fault
7-Specifically Described Autos 8-Hired Autos Ola!y_ 9-Non-owned Autos Onl ...
i ecti ate: 06-01-2020 Policy Expiration Date: 06-01-2021
Limits Of 0 Cy()1000 Combined Single Limit(each accident)
insurance:
BI Per Person BI Per Accident PD Per Accident
Description of Operations/Locations/Vehides/EndoTtmantels dal Previsions ....
Ap=d IR' k �Uage nant
11-19-2020
Interested PartK31po: ADDITIONAL INSURED - OTHER
THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER.
IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER ISAN ADDITIONAL INSURED, THE POLICY(IES)
MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE H OLDER WITH
ADDITIONAL INSURED STATUS,THE CERTIFICATE HOLDER ISAN ADDITIONAL INSURED ONLY TO THE EXTENT
INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT.
Producer
ME AGENCY
Authorized Representative:
lflla6-al� Date 1-16-2 0
Includes copyrighted material of Insurance Services Office, Inc.,with its permission
CI CWA02 10 11 Allstate Insurance Company Page I of I
Cerfificate Copy
Date
-CERTIFICATE OF LIABILITY INSURANCE 11/16/2020
Producer: Plymouth Insurance Agent; This Certificate Is Issued as a matter of Information only and confers no
2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend
Holiday, FL 34691 or after the coverage afforded by the policies below.
(727) 938-5562 Insurers Affording Coverage NAIL#
insured: South East Personnel Leasing, Inc. & Subsidiariess Insurer A: Light Insurance Company 11075
2739 U.S. Highway 19 N. Insurer B:
Holiday, FL 34691 Insurer C:
Insurer D:
Insurer E:
Coverages
-56 1,FIE ISSUTIR
insurance listed avic been tot e
with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,esclusions,and conditions of such policies Aggregate
limits shown may have been reduced by paid claims
INSR ADDL Policy Effective Policy Expiration Limits
LTR INSRD Type of Insurance Policy Number Date Date
(Mkg/DDrYY) (MMIDDNY)
GENERAL LIABILITY Each Occurrence $
Commercial General Liability Damage to rented prernises(EA
Claims Made 0 Occur occurrence)
Mad EV N
eneral aggregate limit applies per: Personal Adv Injury
Policy Project LOC General Aggregate
1 0 11 Products-Comp/Op Agg
AUTOMOBILE LIABILITY Combined Single Limit
Any Auto (EA Accident)
— All Owned Autos Bodily Injury
— Scheduled Autos (Per Person) it
Hired Autos Bodily Injury
Non-Owned Autos (Per Accident) $
Property Damage
(Per Accident)
EXCESSIUMBRELLA LIABILITY Each Occurrence
Oc or Claims Made Aggregate
F R Deductible
A Workers Compensation and WC 71949 01/01/2020 01101/2021 X WC St8h,- OTH-
Employers'Liability to Limits ES
Any proprietoripartner/executive officerimember E.L.Each Accident $t0ooAgio
excluded? No E.L. a I
.L.Disease-Ea Employee $1=0,000
If Yes,describe under special provisions below.
E.L.Disease-Policy Limits $IaooXo
Other Lion Insurance Common is A.M.Best Company rated A(Excellent). AMS#12616
Descriptions of Operations/LocationsNehicles/Exclusions added by EnclorypernentElpecial Provisions: Client ID: 91.69-030 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company":
Royal Crest Companies,Inc.&JC Construction Management Inc.also Design Center Inc.
Coverage only applies to Injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL.
Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity.
A list of the active employee(s)leased to the Client Company can be obtained by facing a request to(727)937-2138 or email certificatesolioninsurancecorwtpany.com
Project Name: PITH TERMINAL INTERIOR REHABILITATION,9000 OVERSEAS HWY,MARATHON FL 33050 Approved Risk Management
ISSUE 11-16-20(SS)
11-19-2020
CERTIFICATE HOLDER CANCELLATION
MONROE COUNTY DOCC Should any of the above described policies be cancelled before the egaration date thereof,the issuing
Insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to
do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives
1100 SIMONTON STREET
KEY WEST, FL 33040
IR IdIIII111L
Bond 4 54.225172
UNITED FIRE Et CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700
Performance Bond
CONTRACTOR: SURETY;
(Name, legal status and address) (Name, legal status and principal place
Design Center,Inc, of business)
6677 Overseas Highway UNITED FIRE Et CASUALTY COMPANY
Marathon,FL 33050 118 SECOND AVE SE This document has important legal
CEDAR RAPIDS, IA 52407 consequences, Consultation with
an attorney is encouraged with
OWNER: respect to its completion or
(Name, legal status and address) modification.
Monroe County Board of Commissioners
Key West,Florida Any singular reference to
Monroe County Doc#22"772 Bk#3056Pg#1754 Contractor, Surety, Owner or
other party shalt be considered
Recorded 11 13-20-20 4:17 PM Pao e I of9
CONSTRUCTION CONTRACT Z7 plurat where applicable.
Date., 1 111 71202 0
Filed and Recorded in Official Records of AIA Document A312-201 0
NIONNROE COUNTY KEVLN-N,LAD0K-,.C-PA, combines two separate bonds, a
Performance Bond and a
Amount: $319,500.00 Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Description.
(Name and location)
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport
Monroe County,Florida
BOND
Date: 1111712020
(Not earlier than Construction Contract Date)
Amount: $319,500.00
Modificatic,ns-tothis Bond: ONone Dee Section 16
.4tONTR-ACTOR AS P, NCIPAL SURETY
Desior,(7, ter Inc. Company: UNIT P'RE TY C fate 'reaz'l
C(� ED Fl, atpo
9 pol
signatul ature
Andreas George,President
Nome and Title,, A e and atthewT mith,Atto(neyinFj(A--
(Any addh'J'anal stgnatures appear on the last pag
e of this Perfori d)d)
(FORINFORMAnON ONLY- Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Smith Insurance and Bonds (Architect, Engineer or other party:)
5260 Summerlin Commons Way NA
Suite 302
Fort Myers,FL 33907
239243-9729
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
CONT0526(072010)
§ 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.
S 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this
Bond, except when applicable to participate in a conference as provided in Section 3.
S 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shalt arise after
1 the owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance, If the Owner does not request a
conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a
conference. If the Surety timely requests a conference, the Owner shall attend, Unless the Owner agrees
otherwise, any conference requested under this Section 3.1 shalt be held within ten (10) business days of the
Surety's receipt of the Oviner's notice. If the Owner, the Contractor and the Surety agree, the Contractor
shalt be allowed a reasonable time to perform the Construction Contract, but such an agreement shalt not
waive the Owner's' right, if any, subsequently to declare a Conti-actor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety-, and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction, Contract to the Surety or to a contractor selected to perform the Construction Contract,
9 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to
comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent
the Surety demonstrates actual prejudice,
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one
of the following actions:
5 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
S 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractorsli
S 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner a for contract for performance
and completion of the Construction Conti-act, arrange for a contract to be prepared for execution by the Owner and a
contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as
described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor
Default; or
5 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the
Owner and, as soon as practicable after the amount is determined, make
payment to the Owner; or
.2 Deny Liability in whole or in part and notify the Owner, citing the reasons
for denial.
S 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in
default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the
Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner.
If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied Liability, in
whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.
The language in this document conforM5 exactly to the language in AIA Document A312-2010 edition
C-ONT0526(072010) 2
5 7 If the Surety elects to act under Section 5.1,, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shalt
not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the
Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contractx
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of the Contractor,
9 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's Liability is limited to the amount of this Bond.
9 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shalt not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,
administrators, successors and assigns.
S 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
6 11 Any proceeding, Legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shalt be instituted within two years after a declaration of
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by
Law, the minimum period of[imitation available to sureties as a defense in the jurisdiction of the suit shalt be applicable.
S 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.
9 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the Location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other Legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shalt be construed as a statutory bond and not as a
common Law bond,
9 14 Definitions
5 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be
received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by
all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
S 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.
S 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
5 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
S 14.5 Contract Documents. Alt the documents that comprise the agreement between the Owner and Contractor.
S 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shalt be deemed to be Contractor.
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
CONT0526 1072010 3
5 16 Modifications to this bond are as foLtowsi.
NA
{Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (CorporaLte;.UW�01 Coo pariy: (Cor eat)
Signature: Signature:
Name and Title: Name and Tit[,-,-.
Address.Address
The languagge in this document conforms exactly to the language in AIA Document A312-201 0 edition
CONTOK6 1072010y 4
Bond#54-225172
UNITED FIRE Et CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909 Cedar Rapids'. Iowa 52407-3909 319-399-5700
Payment Bond
CONTRACTOR: SURETY:
(Name, le3al status and address) (Name, legal status, and principal place
Design Center,Inc. of business)
6677 Overseas Highway UNITED FIRE Ft CASUALTY COMPANY
Marathon,FL 33050 118 SECOND AVE SE This document has important legal
CEDAR RAPIDS, IA 52407 consequences. Consultation with
an attorney is encouraged with
respect to its completion or
OWNER: modification.
(Name, legal Status and address)
Monroe County Board of Commissioners Any singular reference to
Key West,Florida Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
CONSTRUCTION CONTRACT
Date: 11/17/2020 AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Amount: $319,500.00 Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Description.-
(Name and location)
Terminal Interior Rehabilitation
Florida Keys Marathon International Airport
Monroe County,Florida
BOND
Date- 11117/2020
(Not earlier than Construction Contract Date)
Amount: $319,500.00
Modifica,tip,ris to thi Bond: VlNone E]See Section 18 /4"
to
CCINTRA� e;TQRA,5-PR CIPAL SURETY
COMPar*Y'—Desigm Ce er Inc, or Seat) Company: UNITE ALTY 6000. (C rporate Seat,,,
rp
sig,7atul' Signature,
1�ame an [C: Anci�,ew George,President e and at afffiew T Smith,Aftor 'y w Fact
(Arw&�'jftion�i signatures appear on the last page of this Payment and)
(FOR INFO MATION ONLY- Name, address and telephone)
AGENT cir'IBROKER: OWNER'S REPRESENTATIVE:
Smith Insurance and Bonds (Architect, Engineer or other party:)
5260 summerlin Commons Way NA
Suite 302
Fort Myers.FL 33907
239-243-9729
The ranguage in this document conforms exactly to the language in AIA Document A312-2010 edition
CONT0526 (072010) 5
S 1 The Contractor and Surety, jointly and severalty, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction
Contract, which is incorporated herein by reference, subject to the following terms.
S 2 If the Conti-actor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any person or entity seeking payment for tabor, materials or equipment
furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation
under this Bond,
5 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shalt
arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims,
demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for tabor, materials
or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,
demands, liens or suits to the Contractor and the Surety.
S 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,
indemnify and hold harmless the Owner against a duty tendered claim, demand, lien or suit.
5 5 The Surety's obligations to a Claimant under this Bond shall arise after the foRowing:
§ 5.1 Claimants who do not have a direct contract with the Conti-actor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the tabor was done or performed, within ninety (90) days after having last performed
tabor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety {at the address described in Section 13).
5 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the
address described in Section 13),
S 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a
Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
5 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shalt promptly and
at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the
amounts that are undisputed and the basis for challenging any amounts that are disputed; and
5 7.2 Pay or arrange for payment of any undisputed amounts.
5 7.3 The Surety's failure to discharge it obligations under Section 7.1 or Section 7,2 shall not be deerned to constitute a
waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the
Surety and Claimant have reached agreement. if, however, the Surety faits to discharge its obligations under Section 7.1 or
Section 7.2 the Surety shalt indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to
recover any sums found to be due and owing to the Claimant.
5 8,The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees
provided under Section 7.3, and the amount of this Bond shalt be credited for any payments made in good faith by the Surety.
9 9 Amounts owed by the Owner to the Contractor under the Construction Contract shalt be used for the performance of the
Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing
and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to
use the funds for the completion of the work,
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
CONT0526(072010) 6
S 10 The Surety shalt not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the
Construction Contract. The Owner shalt not be Liable for the payment of any costs or expenses of any Claimant under this
Bond, and shalt have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise
have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
5 12 No suit or action shalt be commenced by a Claimant under this Bond other than in a courl of competent jurisdiction in the
state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from
the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or 1,2) on which the Last tabor or
service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by taw, the minimum
period of [imitation available to sureties as a defense in the jurisdiction of the suit shalt be applicable.
9 13 Notice and Claims to the Surety, the Owner or the Contractor shalt be mailed or delivered to the address shown on the
page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient
compliance as of the date received,
5 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shalt be
deemed deleted herefrom and provisions conforming to such statutory or other Legal requirement shalt be deemed
incorporated herein. When so furnished, the intent is that this Bond shalt be construed as a statutory bond and not as a
common law bond,
9 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shalt
promptly furnish a copy of this Bond or shalt permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the Labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which tabor, materials or equipment was furnished
for use in the performance of the Construction Contract;
.4 a brief description of the tabor, materials or equipment furnished;
.5 the date on which the Claimant last performed Labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
.6 the total,amount earned by the Claimant for Labor, materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and
the total amount due and unpaid to the Claimant for tabor, materials or equipment furnished as of the date
of the Claim.
S 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor
to furnish tabor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also
includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute
against the real property upon which the Project is located. The intent of this Bond shalt be to include without limitation in
the terms "Labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural, and engineering services required for performance of the work of
the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the
jurisdiction where the tabor, materials or equipment were furnished.
§16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and all.changes made to the agreement and the Contract Documents.
The language in this document conforms exactly to the language in AIA Document A312.2010 edition
CONT0526 (072010) 7
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under
the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
5 16,5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
5 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shalt be deemed to be Contractor.
9 18 Modifications to this bond are as follows:
NA
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page,)
CONTRACTOR AS PRINCIPAL SURETY -0-.0000
Company (Corporate Seat) ooO' Company: (Co ate Seat)
Signature: Signature:
Name and Title: Name and Title-
Address Address
The language in this document conforms exactly to the language in AIA Document A312-2010 edition
CONT0526(072010)
g UNITED FIRE CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries- Surety Department
UNITED IN'f�tivMNITYCOMPAPwY,WE13STlR;TX 11SSecond Ave SE
FTNA C,IAL PACIFIC`INSURANCE COMPANY,ROCKLIIZ,CA Cedar Rapids,Ida .52401
iNsuf�� E CERTIFILD COPY OF PDX' T-R OF ATTORNEY
(or ginal on file at[Ionic Office cal'Company—+ce Certification)
l NOW ALL PERSONS B Y"f"IIT SL PREST:N T5,That United lire&Casualty Company.a corporation duly organized and existing under the laws
of the.. State of lowwa; United Fire.. & Indemnity Company, a corporation duly orgaataued and existing under the laws of the State of Texas acid
Financial Pacifica Insurance Company,a corporation duly organized and existing under the laws of the State of California(herein collectively called
the Companies),and having their corporate headquarters in Cedar Rapids„State of Iowa.,does malts,constitute and appoint
MATT'HEW T. SMITH, HEATHER A. PARUTA, JESSICA J. MARTIN, LOR1 A. SANDERS, EACH INDIVIDUALLY
their true and lava=firs Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its helialf all lawful bonds.,
undenakirigs grid other obligatory instruments of similar nature provided that no single obligation shalt exceed $25„000,oClo.o0
and to lucid the Companies thereby as hilly and to the same ewtcrit as if such instruments were sipped by the duly authorized officers of hie.Companies
and all of the acts of said Attoi ate. Pcu stlant to the,.authority hereby given and hereby ralifted and confirmed,
The Authority Hereby granted shall expire the28th day of October, 2029 unless sooner revoked by lJnacd lire&Casualty
Company,United Fire tic Indemnity Company,aid Financial Pacific lnstu-ance Company.
']'his Power of Attorney is niade and executed pursuant to and by authority of the fo[lowing by law duly adopted on May 15, 2013,`by the Boards of '
Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company.
"Arrtirle Vl—4asrety,1londs and Undertakings"
Section 2, Appointment of Arionaey-in-fact. "The President or any Vice President.or any other officer of the Contpanie,may,from time to time, appoint by written
certificates attcrnacys-in-fact to act in bchatfof the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.
Pic signature of aaty officer authorized hereby,and the Corporate seal,may be affixed by facsinale ao any power r of arrtorney or special power of araonrcy or certification of
either authorized hcrrby; such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the
Companies,to be valid and binding,upon the Companies,`rw°ith the same force and effect as though manually affixed. Such ano eys-in-fact,subject to the lhnrtations.sea of
forth in their re,pecuM1e certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal
the Companies thereto. "the president or any Vice pncsidew,the Board of Directors or any other of$c:er of the Comparties clay at any time revoke all power and authority
prewtousty given to any aattarney-in-fitcl.
Yii#i# IN W T`Tfi1T"SS WHEREOF,die COMPANIES have each caused these presents to be signed by its
�5ga.�.�,cazt'a4ty'!xx yM1,,�. r6`-t,q,t'�x, vice�yrev Cd'tat.,c'�rld its corporate seat to Tlfw hereto affixed t�ll'.�` ((ryry ,,��!i ! sagg
ti ¢"W [„r t` 4th day of � tt?17roGo
c5#YtNORhir z" ccaYcros�rr r UNITED FIRE` cAsuALT°t'COMPANY
vivo s€ht !e s UNITED FIREIT I�FIwNITY COMPANY`
_ ,, ® , FINANCIAL PACIFIC. INSUR-ANCE COMPANYt#tl'EAi/JYtk6iM1g�1 tYtlYtl!#IiIbwfA45q �reNtss.,llft,Yri4�q
State,of lowwta,County of l inn,ss: ` ICe President
On 28th day of October, 2020, before the _personally came Dennis J. Richmaann
to me known,wwlio being.by me dilly swwom,did depose anal say;that he resides to Cedar Rapids,State of lowa;that he is a Vice President of Elicited Tire
& C°asualty! Company, a Vice President of United .Firs:. & Inderrinity Company. and a Vice President of Financial Pacific Insurance Company the
corporations described at and which executed the above in_stturneut; that he kno%,vs the scal of said corporation-,; that the seal affixed to die said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that hie signed his
name thereto pursuant to like authority,and acknowledges same to be die act and deed of said corporations.
sir`r Judith A.Jones
top Naararal boa[
• ornrrassion mart r 173041 Notary Public
4yYM my Cornnrission Expires 412312021 My commission expires,4/23/21021
1,Mary A.Bertsch.Assistant Secretary ofUnAcdFirc&Casualty Company and Assistant S6cretaryofllnited Fire&Indemnity Company,and Assistant
Secretary of Financial Pacific Insurance Company,do hereby certify that]naive compared Haar foregoing copy cif the Power-ofA lmney anti affidavit,and
the copy of the Sec tion of the bylaws and resolutions of said Corporations as set forth ii said Powver ofAttonicy,with the ORICrINIALS ON FILE IN TIE
HOME OFFICE'01° SAID CORPORATIONS, and dial thee lac;-array sera-Lct transcripts thereof.and of the whole,of the raid originals, and tlraat the..said
Power of Attorney has not been revoked and is now it hill force mi-tteffect
In testimony avller if l have her-,into a ri tr may pane and;affixed the corporate seal of die said.Corporations
this.- day of �Y�44AU le�.ggl ?�
v
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y: �oaarott.�nk+ 4 b;#58a1'()NA7'a. " q i,}4P ' :f
r°i a q fry y a p .`Ircr Assistant Secretary
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