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09/21/2022 Agreement Kevin Madok, cpA Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: October 31, 2022 TO: fficliard Strickland Director ol'Airports ATIN: Beth Leto, Deputy Director & Administration 2 FROM: Pamela G. Hanc( SUBJECT: September 21" BOCC Mee6ng Attached is an electronic copy of the following item for your handling: B Contract to the lowest responsible/responsive bidder DEC Contracting Group, in the amount of$2,698,460.74, for the Key West International Airport Noise Insulation Program Project at Key West by the Sea, Final Phase. Should you have any questions please feel free to contact ine at (305) 292-3550. cc: County Attorney F111WICe File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West,Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 CONTRACT KeV West International Airport Noise Insulation Program Construction of KWBTS Final Phase THIS AGREEMENT made and entered into the 2111 day of September, 2022, by and between DEC Contractinq Group, Inc., (hereinafter referred to as "CONTRACTOR"), and the Monroe County Board of Commissioners, Key West, Florida, (hereinafter referred to as"OWNER"). WITNESSETH: That the CONTRACTOR, for the consideration hereinafter fully set out, hereby agrees with the OWNER as follows: 1. That the CONTRACTOR, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda,which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: KeV West International Airport Noise Insulation Program Construction of KWBTS Final Phase Monroe County, Florida 2. That the CONTRACTOR shall commence the work to be performed under this agreement on a date to be specified in a written order of the OWNER and shall fully complete all work hereunder within Two Hundred FiftV-Eight(258)calendar days from the Notice-to-Proceed —Permits pursuant to Special Provision No. 3. 3. The OWNER hereby agrees to pay to the CONTRACTOR for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately Two million six-hundred ninety-eight thousand four-hundred sixty and 74/100 Dollars ($2,698,460.74) in accordance with unit prices set forth in the proposal, attached as Exhibit 6. 4. On or before the 151h day of each calendar month,the OWNER shall make partial payment to the CONTRACTOR on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the CONTRACTOR, less ten percent (10%) of the amount of such estimate which is to be retained by the OWNER until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the CONTRACTOR of all work covered by this agreement and the acceptance of such work by the OWNER. CONTRACT Page 2 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the CONTRACTOR, the OWNER may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the OWNER will have sustained per day by failure of the CONTRACTOR to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the OWNER will have sustained in the event of such default by the CONTRACTOR. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the OWNER shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work,the CONTRACTOR shall, at its expense within five(5)days after the receipt of notice from the OWNER so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the OWNER. 8. MAINTENANCE OF RECORDS: CONTRACTOR shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the OWNER or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to CONTRACTOR. 9. PUBLIC ACCESS: Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The OWNER and CONTRACTOR shall allow and permit reasonable access to,and inspection of,all documents,records, papers,letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the OWNER and CONTRACTOR in conjunction with this contract and related to contract performance. The OWNER shall have the right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this contract and the OWNER may CONTRACT Page 3 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: a) Keep and maintain public records that would be required by the OWNER to perform the service. b) Upon receipt from the OWNER's custodian of records, provide the OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the OWNER. d) Upon completion of the contract,transfer,at no cost,to the OWNER all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the OWNER to perform the service. If the CONTRACTOR transfers all public records to the OWNER upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the OWNER, upon request from the OWNER's custodian of records, in a format that is compatible with the information technology systems of the OWNER. e) A request to inspect or copy public records relating to this contract must be made directly to the OWNER, but if the OWNER does not possess the requested records, the OWNER shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the OWNER or allow the records to be inspected or copied within a reasonable time. f) If the CONTRACTOR does not comply with the OWNER'S request for records, the OWNER shall enforce the public records contract provisions in accordance with the contract, notwithstanding the OWNER'S option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the OWNER or pursuant to a valid public CONTRACT Page 4of11 Key West IDb8[D8tiOD3l Airport Noise IDgU18tiUD PPOgK]Dl Construction OfKWBTS Final Phase 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 naonnds unless or otherwise provided in this provision or as nthnmvioa provided by |ovv. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTE8, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BR|AN BRAOLEY, AT (305) 282-3470. . MONF7OE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 4O8' KEY WEST, FL3304U. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agroennent. CONTRACTOR shall defend` indemnify and hold the OWNER and the 0VVNER'aelected 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 noeoaunvs 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 ooetn, court coata, fines and penalties) that may ba asserted aga|nat, 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 ennp|oyeee, agents, contractors or other invitees on the Construction Site during the term of this Agreement, (B) the negligenceor willful misconduct of CONTRACTOR or any of its employees, agents, contractors or other invitees, or /C\ CONTRACTOR'e default in respect of any of the obligations that it undertakes under the terms of this Agreonnent, except to the extent the doinno, ochona, nauoaa of action, |itigohnn, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the OWNER or any of its ennp|oyoeo, 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 nf 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 inaunanoo, the CONTRACTOR shall indemnify the OWNER from any and all increased expenses resulting from such delay. The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CONTRACT Page 5 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the OWNER at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty(30) calendar days'written notice shall be provided to the OWNER before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the OWNER, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of OWNER and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the OWNER be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR OWNER: Pedro Mercado Richard Strickland, Director of Airports Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: Douglas R. Masch II, President DEC Contracting Group, Inc 1560 Matthew Drive, Suite B Fort Myers, FL 33907 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the OWNER and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. CONTRACT Page 6 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase 15. MEDIATION: The OWNER and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement,shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The OWNER and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: OWNER and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: OWNER and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of OWNER and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of OWNER and CONTRACTOR,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance,or breach of this Agreement, OWNER and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. OWNER and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of OWNER and CONTRACTOR and their respective legal representatives, successors, and assigns. CONTRACT Page 7 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the OWNER, when performing their respective functions under this Agreement within the territorial limits of the OWNER shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers, or employees outside the territorial limits of the OWNER. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES:This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the OWNER, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the OWNER and the CONTRACTOR agree that neither the OWNER nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and OWNER and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON-DISCRIMINATION: CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically CONTRACT Page 8 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.These include but are not limited to: a) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibit discrimination in employment on the basis of race, color, religion, sex. and national origin. b) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex. c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps. d) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age e) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h) Title VIII of the Civil Rights Act of 1968 (42 USC § et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i) The Americans with Disabilities Act of 1990(42 USC§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability. j) Monroe County Code Chapter 14, Article ll, which prohibits discrimination on the basis of race, color,sex, religion, national origin,ancestry, sexual orientation, gender identity or expression, familial status or age; and k) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 28. COVENANT OF NO INTEREST: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 29. CODE OF ETHICS: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized CONTRACT Page 9 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 30. ETHICS CLAUSE: Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deductfrom the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 31. ATTESTATIONS: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. MUTUAL REVIEW: This agreement has been carefully reviewed by CONTRACTOR and the COUNTY; therefore,this agreement is not to be construed against either party on the basis of authorship. CONTRACT Page 10 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and date first above written. VI N MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor David Rice 1 NROE COUNTY ATTORNEY 0 ROVE r FORM DEC CONTRACTING GROUP, INC. ASSI NTY ATTORNEY Date 8/22/22 By:_ &o'u—g ras R. Masch 11, President STATE OF FLORIDA COUNTY OF LEE Subscribed and sworn (or affirmed)before me, by means of physical presence, on this LU day of August, 2022, by Douglas R. Masch 11, President of DEC Contracting G rou p, nc._L_ He is personally known to me to be the person whose name is subscribed above, and acknowledged that he is the person who executed the above contract with Monroe County for Key West International Airport Noise Insulation Program, Construction of KWBTS Final Phase for the purposes therein contained. Notary Public Signature DORM MCCIM - Cm*ft INN 273324 Exphe June 7,2020 CONTRACT Page 11 of 11 Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase ATTACHMENTS Exhibit 1. Acknowledgement of Change Orders 2. Insurance Agents Statement 3. Certificate of Insurance for DEC Contracting Group, Inc. 4. Certificate of Insurance for Cross Environmental Services, Inc. 5. Corporate Acknowledgment 6. Unit Prices 7. Performance Bond 8. Payment Bond 9. Surety Acknowledgment 10. Power of Attorney EXHIBIT 1u ACKNOWLEDGEMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West International Airport Noise Insulation Program Construction of KWBTS Final Phase Ladies and Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. Contractor: DEC Contracting Group, Inc., By: I VL Douglas R. Masch II, President Date: -, 1- / , EXHIBIT 2 INSURANCE AGENT'S STATEMENT / have reviewed the iDaUnmOce requirements with the bidder DorOed below. The following deductibles apply b] the corresponding policy: POLICY TYPE: POLICY NUMBER DEDUCTIBLES: {3enenm| Liability Worker's Compensation WCV016799208 None Vehicle Liability BlPO157N None Builder's Risk Asbestos Abatement Liability Provided by Asbestos Abatement Subcontractor—See Attached Liability Policies are: Occurrence : | Claims K4oda Five County Insurance Agency, Inc. Insurance Agency !2�ig nature BIDDER'S STATEMENT | VDde[St8Od the insurance that will be mandatory if GVV8[ded the CODt[2[t and will comply in full with all the requirements. Bidder: Signature: EXHIBIT 3 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE F8/11/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department Five County Insurance Agency Inc PHONE FAX 14120 Metropolis Ave A/C No Ext: 239-939-1400 A/C,No):239-939-3813 E-MFort Myers FL 33912 ADDRESS: certs@fivecountyinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:American Builders Insurance 11240 INSURED DECCO-1 INSURERB: Old Dominion Insurance 40231 DEC Contracting Group Inc 1560 Matthew Dr Unit B INSURERC: Fort Myers FL 33907 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:365044519 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y PKGO16751710 3/6/2022 3/6/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: $ B AUTOMOBILE LIABILITY Y BlPO157N 5/8/2022 5/8/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR UMB018902307 3/6/2022 3/6/2023 EACH OCCURRENCE $2,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WCV016799208 3/6/2022 3/6/2023 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) REFF: Key West By The Sea Final Phase Certificate holder is named as an additional insured when required per written contractual agreement with respects to General Liability and Auto Liability. IrN�� DATE CERTIFICATE HOLDER CANCELLATION WAPM IWA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simenton St AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Client#: 1523419 EXHIBIT 4 CROSSENV1 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 2/28/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jessica Gonzalez NAME: USI Insurance Services, LLC PHONE g13 321-7500 FAX 2502 N Rock Point Dr Ste 400 MA No,Ext: (A/c,No): y ADDRESS: jessica.gonzalez@usi.com Tampa, FL 33607-1421 INSURER(S)AFFORDING COVERAGE NAIC# 813 321-7500 Steadfast Insurance Company 26387 INSURER A: p y INSURED INSURER B:American Guarantee&Liability Ins Co. 26247 Cross Environmental Services, Inc. Zurich American Insurance Company 16535 INSURER C: p y P.O. Box 1299 INSURER D: Crystal Springs, FL 33524 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 CONTRACTOR 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. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY GPL090854303 03/01/2022 03/01/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR BI/PD Combined PREMISES .occurrence $100,000 X Max Agg $10M Per Pol MED EXP(Any one person) $10,000 X Contractual Liab PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $6,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: Deductible $$5,000/Claim C AUTOMOBILE LIABILITY BAP055127703 03/01/2022 03/01/202 COEaMBINED ccidentS INGLE LIMIT 1 r 000r 000 a X ANY AUTO Includes MCS 90 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR SXS090854203 03/01/2022 03/01/2023 EACH OCCURRENCE $5 000 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DEDT RETENTION$ $ B WORKERS COMPENSATION WC090854103 03/01/2022 03/01/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Key West Noise Insulation Program. Certificate holder is provided 30 days notice of cancellation in accordance with the terms and conditions of the general liability policy. Certificate holder&those required by written contract are included as additional insured as it relates to general liability& automobile liability,when required by written contract and in accordance with the terms and conditions of the policies. CERTIFICATE HOLDER CANCELLATION DEC Contracting Group, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1560 Matthew Dr., Ste. B ACCORDANCE WITH THE POLICY PROVISIONS. Ft. Myers, FL 33907-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S35114793/M35088418 SACT EXHIBIT 5 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF LEE On this this 11 day of August, 2022, Before me personally came Douglas R. Masch II„to me known, who being by me duly sworn, did depose and say he is the President of DEC Contracting Group, Inc. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the Board of Directors of said corporation and that he signed his name thereto by like order. s qr° Notary Public Signature d �,� `;� 4',rv�S a" VAYPU � •,,•,° DORM MCCLAlN oo ^ * C0n*"Im#HH273324 Fd �'ofFbO ExP►M M0 7,2026 t' EXHIBIT 6 Key West International Airport V'Iectronk flirt shoets Pape I of 6 Nolso Insulation Program Construction of KWBTS Building A-Phase 2 Blddoeq Firrin Names DEC Contracting Group, Inc. Address of Bidder: 1560 Matthew Drive Suite B Fort Mye _, rlor�!i L3907 Item No. Item Descrintlo" Unit lEst,,..Qt Unit'PrIce Total Price Subtotals ............. GROUP I UNITS UnitA101 Windows Doors $25,694,29 Gy gum Board Wells LS 1 $4,394,70 7 Gypsurn Board ge LS _ $4,394.70 gj 0,%,%0 Exterior Wall Infill and Patching LS 1 4&� xm" A"i $4,979.70 "1 1 Painting LS $7,987,20 Mechanical LS ile $9,962.20 Electrical LS $9,630.95 Asbestos Remedlation LS 1 1 zw 11,01" $13,57145 Unit Subtotal $109,900.64 UnItA201 Windows $27,475.95 Doors LS 1 $25,549.41 Gypsum Board Wells LS 1 zq� $4,394.70 GyRsurn Board Ceilings L$ I a $4.394.70 Exterior Wall Infill and Patching LS 1 ` $4.979.70 Painting $7,987,20 Mechanical LS 1 $21,024.70 Electrical LS 1 $11,005.95 Asbestos Remediation LS 1 $13-.573.45 Unit Subtotal $120,386.76 3 UnitA401 Windows L$ ff, $29,283.45 Doors LS I A/ $25,736.96 Gypsum Board Walls LS 1 $4,394.70 Gasurn Board Ceilings LS 1 $4,304.70 a /* Exterior Wall Infill and Patching LS I ommm $4,979.70 Painting LS ffm- $7,98T20 Mechanical LS E $31,449,70 Electrical LS $12,349.70 Asbestos Remediation LS $13,673,46 Unit Subtotal $134,149,66 Unit A603 Windows L$ $15,624.70 Doors LS t 3,34 $32,310,79 Gypsurn Board Walls LS 1 $4,394,70 G rpsum Board Ceilings LS 1 $4,394.70 Exterior Wall Infill and Patching LS "S $4,97970 Painting LS 1 $7.98720 Mechanical LS 1 $27,962,20 -Electrical LS 1 $12,224.70 Asbestos Remediation LS 3,573.45 Unit Subtotal $123,352.14 GROUP 2 UNITS(LISTED IN PRIORITIZED ORDER) EXHIBIT 6 CONTINUED Key West International Airport Electronic Bid Sheets Page 2 of 6 Noise Insulation Program Construction of KWBTS Building A-Phase 2 Bidder's Firm Name: DEC Contracting Group,Inc. Address of Bidder: 1560 Matthew Drive Suite B .�F.od.nn„P �.FJnrid��..�39D Item No.... Item Description Unit LEstOtj. Unit Price Total Price Subtotals UnitB105 Windows LS 11 ?g, $28,712.20 Doors LS 1 7 $25,445,11 Gypsum Board Walls LS 1 ii.... C $4,394.70 Gypsum Board Ceilings LS 1 %///% 4G? $4,394.70 Exterior Wall Infill and Patching LS $4,979.70 Painting LS 1 �,',!; ,,, 0 $7.987.20 Mechanical LS 1 ' 7 1; $28,837,20 Electrical L_S 1 �� " ,y,; Q $6,412.20 Asbestos Remediation LS 1 „°< � 1 ',A $12,948.45 Unit Subtotal $124,111.46 G Unit B607 Windows LS 1 '! 1Y $14,131.25 Doors LS 1 ii,y % $30,695.11 Gvosum Board Walls LS 1 ,�� , ;�$4,394.70 Gypsum Board Ceilings LS 1 , i� $4,394.70 Exterior Wall Infill and Patching LS 1 1%///j/, 81 $4,979.70 Painting LS 1 i%!% rr i' fJ $7,987.20 Mechanical LS 1 $9,962.20 Electrical LS 1 % 10 $9,630.95 Asbestos Remediation LS 1 � Unit Subtotal $99,749.26 7 Unit 611 . Windows LS 1 ', $33,855,95 Doors LS 1 ,j # ;, ;;$30,656.13 Gypsum Board Walls LS 1 „ij%✓ „17Q! $4,394.70 Gypsum Board Ceilin s LS 1 iii/ Gyp g � 4 $4,394,70 Exterior Wall Infill and Patching LS 1f 4 „7 $4,979.70 Painting LS 1 $7,987.20 Mechanical LS 1 ;i N , "1' $35,199.70 Electrical LS 1 ;;%% 4I $13,224.70 Asbestos Remediation LS 1 `%$,R9 $16,192.20 Unit Subtotal $150,884,98 8 Unit B309 �� ' Windows LS 1 %%, 7 1 $20,567.20 Doors LS 1 /". ;,1M, $25,592.10 Gypsum Board Walls LS _ 1 �ii�/ :, $4,394.70 Gypsum Board Ceilings LS 1 //„ $4.394.70 Exterior Wall Infill and Patching LS 1 ii $4,979.70 �r Painting LS 1 % i, % $7,987,20 Mechanical LS 1MI $9,962.20 Electrical LS 1 %��/ ,� $9.630.95 Asbestos Remediation LS 1 , `, x 51 $3,099.70 Unit Subtotal $90,608.45 EXHIBIT 6 CONTINUED Key West International Airport Electronic Bid Sheets Page 3 of 6 Noise Insulation Program Construction of KWBTS Building A-Phase 2 Bidder's Firm Name: DEC Contracting Group,Inc. Address of Bidder: 1b�Q(td�altt�a�et�Cia� uit� Fort Myers, Florida 33907 Item No. Item De,scri„ration Unit Est.Qty Unit Price Total Price Subtotals 9 Unit A605 Windows L5 1 '$ $30,620.95 Doors LS 1 $26,283.80 Gypsum Board Walls LS 1 %Pwoo f 1; $4,394,70 Gypsum Board Ceilings LS 1 $4,394.70 Exterior Wall Infill and Patching LS 1 ,„ j $4,979.70 Painting LS 1 ,ic ,,gg%r, q; $7,987.20 Mechanical LS 1 ;;;,;' ,g' 4 0 $10,574.70 Electrical LS 1 /"% p,;; p, ; $8,774,70 Asbestos Remediation LS 1 ' "li,192w1�4 $16,192.20 Unit Subtotal $114,202.65 10 Unit B405 Windows LS 1 � 7fftx5 $27,005,95 Doors LS 1 ';.,; �, $26,283.80 s Gypsum Board Wall LS 1ji�� $4,394J0 Gypsum Board Ceilings LS 1 4r g4 Ct $4,394,70 Exterior Wall Infill and Patching LS 1 $4,979.70 Painting LS 1 , g7p $7,987,20 Mechanical LS 1 $9,962.20 Electrical LS 1 � , ';,� $8,774,70 Asbestos Remediation LS 1 '"< 7 „45 $13.573,45 Unit Subtotal $107,356.40 11 Unit C115 Windows LS 1 ;;';$ 31g; 4E $23,913.45 Doors LS 1 41 $25,549.41 Gypsum Board Walls LS 1 $4,394.70 Gypsum Board Ceilin s LS 1 � ,' ,,9; $4,394.70 Exterior Wall Infill and Patching LS 1 $4,979.70 Painting LS 1 $7,987.20 Mechanical LS 1 „ $9,962.20 Electrical LS 1 $8,774.70 Asbestos Remediation LS 1 , 1A' �$3,099.70 Unit Subtotal $93,055.76 12 Unit B208 Windows LS 1 �,4'0'7y $15,467.20 Doors LS 1 ; g$ $30,986.96 Gypsum Board Weils $4,394.70 Gypsum Board Ceilings LS 1 Ini ) $4,394.70 Exterior Wall Infill and Patching LS 1 1ii,//�j ' r-, $4,979.70 Painting LS 1 '/i F ,i„Q $7,987.20 Mechanical LS 1 ii� �, �,,, $9,962,20 Electrical LS 1 g $9,630.95 Asbestos Remediation LS 1 $16,192.20 Unit Subtotal $103,9 55.81 EXHIBIT 6 CONTINUED Key West International Airport Electronic aid Sheets Page 4 of 6 Noise Insulation Program Construction of KWBTS Building A• Phase 2 Bidder's Firm Name: Address of Bidder; 1560 Matthew Drive Suite B Fort Myers, Florida 33907 Subtotals Item Now Item Description Unit Est,Qty , Unit Price TotalPrice t �� 13 UnitA208 Windows $26,214.70 Doors LS 1 ;' %% $13,037.10 Gypsum Board Walls _, , ...,. . ..o__.. LS 1 Gypsum Board Ceilings LS 1 $4,394.70 Exterior Wall Infill and Patching LS 1 $4.979.70 Painting �LS 1 711111 / � �� 0 $7,987.20 Mechanical LS 1 �,4 fib' $21,024.70 Electrical LS 1 '� " 2A 7 $11,224.70 Asbestos Remediation LS 1 01 $16,192.20 Unit Subtotal $109,449.70 14 Unit C219 Windows LS 1 ;,, ` „6 ! $16,694.70 ..... Doors LS 1 „ i $31,721.28 Gypsum Board Walls LS 1 „��,/ �,„„ q, $4,394.70 Gypsum Board Ceilings LS 1 `,, $4,394.70 Exterior Wall Infill and Patching LS 1 4 ?7 ?P0 $4,979.70 Painting LS 1 ' "" i $7,987.20 Mechanical LS 1 $28,837,20 Electrical L8 1 14, $11,599.70 Asbestos Remediation LS 1 0q7 $3,099,70 15 _ Unit Subtotal $113,708.88 Unit B307 Windows LS $14,887.20 _.. .._ Doors LS 1 „!i $ff, ,;1' $30,799.41 Gxesum Board Walls LS 1 „ .......... $4,394,70 Zypsum Board Ceilin s LS 1 $ ,,. r7t► $4,394.70 Exterior Wall Infill and Patching LS 1 $4,979,70 Painting LS 1 ,,%///�?„° $, Q $7,987.20 Mechanical LS 1 4/ AR RAW, $9,962.20 Electrical LS 1 , Z, $9,787.20 Asbestos Remediation $13,573.45 Unit Subtotal $100,765.76 16 UnitC3178 Windows LS 1 OA54.70 Doors LS 1 %i I% $31,825,66 Gypsum Board Walls LS 1 $4,394.70 Exterior Wall Ceilings LS 1 ,///j 394J0 I Gypsum Boa g � $4� �Infill and Patchin _ LS 1 ii o � $4,979,70 Painting LS 1 !„ �, $7,987.20 Mechanical LS 1 %!:, f $30,087.20 Electrical LS 1 ,, $6,412.20 Asbestos Remediation LS 1 4,A ; 0 $16,192.20 Unit Subtotal $115,728.26 EXHIBIT 6 CONTINUED Key West Intornational Airport Electronic[aid Sheets Page 5 of 6 Noise Insulation Program Construction of KWBTS Building A .•Phase 2 Bidder's Firm Name: DEC Contracting Group, Inc. Address of Bidder:,15B0,)y j,}j��)7jjve SulLe g Fort Myers, Florida 33907 Item No. Item Description Unit Est.Qty Unit Price Total Price Subtotals 17 --,Uriit B601 Windows _ LS 1 $�01,46� $29,283.45 Doors LS 1 7i72,"74 6 $25,736.96 Gypsum Board Walls LS 1 , $4,394.70 Gypsum Board Ceilings LS 1 >;, d t3Q' $4,394.70 Exterior Wall Infill and Patching LS 1 $4,979,70 Painting LS 1 % Q $7,987.20 .�_ _w Mechanical LS 1 k9: $7,099J0 Electrical LS 1 $3,099.70 Asbestos Remediation LS 1 $3,099.70 Unit Subtotal $90,075.81 18 Unit C211 Windows LS 1 ;;� ,'4;#ii $28,113.45 p. .�_ _,. oors LS 1 %1 6 $25,421.86 Gypsum Board Walls LS 1 ;% ,, ;A $4,394.70 Gypsum Board Ceilings LS 1 ;' Q $4,394.70 Exterior Wall Infill and Patching LS 1 $4,979.70 Painting LS 1 ,%% ; ,,% 7ii $7,987.20 Mechanical � LS 1 ��%i' �; $9.962.20 Electrical LS Y60Q q� � $8,662.20 Asbestos Remediation LS 1 $3,099.70 Unit Subtotal $977015.71 EXHIBIT 6 CONTINUED Key West International Airport Electronic Bid Sheets Page 6of 6 Noise Insulation Program Construction of KWBTS Building A-Phase 2 Bidder's Firm Name: QCpniraciingoup ln��__ _ _,. Address of Bidder: 1560 Matthew Drive Suite B Fort Myers,Florida 33907 Unit Est.Qty Unit Price Total Price Subtotals Item o tem, escription - .. ... ....... 19 Bonds and Insurance $41,875.00 20 Permits LS 1 „' } i $44,196.25 21 Pre-Construction Work LS 1 $37,500.00 22 Mobilization l5 1i, -,p $187,500.00 23 General Conditions LS 1 $388,892.50 �mm Subtotal Items 29-31 $699,983.75 TOTAL BASE BID(Total of Items 1.23) $2,698,460.74 Abbreviations: LS=Lump Sum By signing below,the Bidder agrees to the accuracy of the information presented and agrees to the terms and conditions of this bid. Bidder's Firm Name:0 cc .a actin roup,Inc, Power r" Authorized Signature: Name and Title: Erika Bodenstein Vice President if:::::XII°°Ill 111l11::31l""F " DocumentTM mnnnnnn Performance2010 Bond No.015218069 CONTRACTOR: SURETY: (Name, legal slants and address) (Name, legal status and pl•inc•ipal place DEC Contracting Group, Inc. of bllsiness) ADDITIONS AND DELETIONS: 1560 Matthew Drive,Suite B The Ohio Casualty Insurance Company The author of this document has Fort Meyers,FL 33907 1200 MacArthur Boulevard,3rd Floor added information needed for its Mahwah,NJ 07430 completion.The author may also OWNER: have revised the text of the original AIA standard form.An Additions and (Name, legal slants and address) deletions Report that notes added Monroe County Government Purchasing Department information as well as revisions to the Gato Building,1100 Simonton Street,RM 2-213 standard form text is available from Key West,FL 33040 the author and should be reviewed.A CONSTRUCTION CONTRACT vertical line in the left margin of this Date:September 21,2022 document indicates where the author Amount:$2,698,460.74 Two Million Six Hundred Ninety Eight Thousand Four Hundred Sixty has added necessary information Description: and 74/100 Dollars and where the author has added to or (Name and location) deleted from the original AIA text. Key West International Airport Noise Insulation Program Construction of KWBTS Building A Final Phase This document has important legal consequences.Consultation with an BOND attorney is encouraged with respect to its completion or modification. Date: September 21,2022 (Not earlier than Calnstrllclion Conlracl Dale) Any singular reference to Contractor, Surety,Owner or other party shall be Amount: $2,698,460.74 Two Million Six Hundred Ninety Eight Thousand Four Hundred Sixty considered plural where applicable. Modifications to this Bond: ® None See Section 16 and 74/100 Dollars CONTRACTOR AS PRINCIPAL SURETY Company: (C'e;np! ate.ea/) Company: (Colporlde Seat) DEC Cot it`a tin' R� !* The Ohio Casualty Insurance Company Signeture:� Signature: �b.enlh' Name and S Name and cha Title: Title: Attorney-in-Fact 011,add8l1017al SlgllQ/f!1'E'S appeal.of the last page orlhls PelfiO)•)nallce Band) (FOR IXFORNMTIONOAZ)'—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: True&Associates (Archilect, Engineer or other paq ) 325 North Avenue East Westfield,NJ 07090 B.(908)232-0760 Init. rwAmericanAdllVylPWty:1'lpu ry dp 11ocu�ou�oirul¢ urolar clad by AIA Document entf 11 aw and d 2010 aUonalll rrealuBonl nahe mere Institute uteotAr rdd s uftAllorll of rased Don irouva�m,,ou any pouluouu of 0,may ra sRO4 to � N y dl N ev ur 6,41 wo cuunuu oiil Noe nalifi o aml w'hllll be pno„or of ill l0 lll"u m oxluu'uo.m iWoM p o ry„Mullis und or Him law This documentwas produced byAlA software at I' 15:25:48 on 0111012013 under Order No.6871475021_1 which expires on 1 212 71201 3,and is not for resale. User Notes: (1382705251) 11;3.1 .........F...7............. ON. .................. ..... ............ § I 'file,Conlractor and Surety, jointly and severally, bill(]themselves, their heirs,executors,'adillinistralors, successors all(]assigns to tile Owner for the performance of the('011SU'Licti011 Contract,which is incorporated herein by reference, § 2 If the Contractor pertbirris the Construction Contract,the.Surety and the Contractor shall have no obligation under. this Bond,except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default Under the Construction Contract,the Surety's obligation under this Bond shall arise after J the Owner first provides notice to the Contractor tool 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 tiniely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within tell (10)business days of the Surety's receipt of the Owner's notice. If tile Owner,the Contractor-and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but Such an agreement shall not waive tile Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3A shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety frorn its obligations,except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3,tile Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; § 5,2 Undertake to perform arid complete the Construction Contract itself,through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals 1rorn qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared toy-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 oil the Construction Contract,and pay to the Owner(lie amount of damages as described in Section 7 in excess of the Balairce,of the Contract Price incurred by tile Owner as ,a result of the Contractor Default,Or § 5.4 Waive its right to perforrn and coniplete,arrange for completion,of-obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the allIOLInt for which it may be liable to the Owrier and,as soon as practicable after the amount is determined,make payment to the Owner;or Deny liability in whole or in pail and notify tile Owner,citing the reasons for denial. § 6 If the Surety(toes not proceed as provided in Section 5 with reasonable promptness,the Surety shall be cleerned to be in default on this Bond seven days after receipt of all additional written notice fi-orn the Owner to the Surety demanding that the Surety perform its obligations Under this Bond,arid tile Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provide(]in Section 5.4,and the Owner refuses die 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. AIA Doc ument A3121"—2010 Performance Bond.The American Institute of Architects.All rig its reserved.VVARWNG�fids AW'Doc us ve q is piotwJe d by Init. VS Copydg[d Law and 4Qernadonai T�eat�es Una uffioriied repmduc6on or clLsIdbution of ffiJs AIIA' Oncumem,or any poLtion of ii�,rnay restin i, 2 severe ch,R and cHoAnM ponaitkis,mW vglL fm pjj(,Secuted to ilw niaxVnnurn W811a possobla undaii the iaw This docurnent was produced byAJA software at 1 15:25A8 on 0111012013 under Order No.6871475021_1 which expires on 12127/2013,and is not for resale. User Notes: (1382705251) 11:::::X11 1111111:3 11 r 7 CGIN P11 14 L)11::::::,11�) =..........................................................................I..................................................................................... ............. § 7 If the S Lire lye lee ts to act Linder 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 Linder the Construction Contract,and the responsibilities of the Owner to the SUretyshall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,Without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. § 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor De(hult or within two years after the Contractor ceased working or within two years after the Surety refuses or(hils to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefroni and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.Wien so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract.The agreement between the Owner and Conti-actor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 143 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perfbmi or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. ____......................................................................................................................................................................................................................................................................................................................................................................................................—---------------------------------------—----------- AIA Document A312--2010 Performance Bond.The American Institute of Architects.AJI rights reserved.WAR11140114G:WhN AA'11)oiuinent is proMcfed by Init. U S,Copydght 0.aw and httentaliwW Tieatms Wtauthorued rqproduc;flon of d0stdbuhon W this AW rnonmment,oii any pontwn of ut,may mswt in 3 se,ma,e civH and crhnhta4 penaffiiiws,and wiM be piosecmted to the maxWmrtl(WOM twssft)k unde: Hhe 0avv Thisdocurnentwas produced byAlAsof1ware at 15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and is not for resale. User Notes; (1382705251) 11:::::X11 1111111:3 11 F 7 CGIN F1 14 L)11::::::,11�) =..........................................................................I..................................................................................... ............. 15 If this Bond is issued for an agreement between a Contractor and subcontractor,[lie tend Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: None (Space is provided belon,for a(Milional signatures of a(Meal other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company. (Corporate Seal) Signature: N/A Signature: N/A Name and Title: Name and Title: Address: Address: . ................... ......................... ............................................. ............................................................................ ............... AIA Document A312--2010 Performance Bond.The American Institute of Architects.AM rights reserved.WARN N G�I h is All Doc"ment Js proWic�ed by 0 Init. U,S,(�opyngllQ i awand IiMo inafionM Tleahes Unaudho6zed mpi,oductlon o�dIshfilwhon of flIhIs,AIJA' DocuineiM any porflon of 0,iinAy rssuM in 4 suveii,e ci,,Hl iiind vrnumfl penalhes,iind wM 112a piusm,,Wed W fllhC MWMMI�eKNflM POFMble undc�flndr law, This document was produced byAlAsofhvareak 15:25:48 on 01/1012013 under Order No.6871475021_1 which expires on 1212712013,and is not for resale. User Notes: (1382705251) if:::::XII°°Ill111 111::31l""r DocuirrientA312" - 2010 Payment Bond Bond No.015218069 CONTRACTOR: SURETY: (Name, legal status and a(kress) (Name, legal slants and principal place DEC Contracting Group,Inc. of business) ADDITIONS AND DELETIONS: The author of this document has 1560 Matthew Drive,Suite B The Ohio Casualty Insurance Company added information needed for its Fort Meyers,FL 33907 1200 MacArthur Boulevard,3rd Floor Mahwah, NJ 07430 completion.The author may also OWNER: have revised the text of the original AIA standard form.An Additions and (Nante, legal status and address) Deletions Reportthat notes added Monroe County Government Purchasing Department information as well as revisions to the Gato Building, 1100 Simonton Street,RM 2-213 standard form text is available from Key West,FL 33040 the author and should be reviewed.A CONSTRUCTION CONTRACT vertical line in the left margin of this Date: September 21,2022 document indicates where the author Amount:$2,698,460.74 Two Million Six Hundred Ninety Eight Thousand Four Hundred Sixty has added necessary information Description: and 741100 Dollars and where the author has added to or (Name and location) deleted from the original AIA text. Key West International Airport Noise Insulation Program This document has important legal Construction of KWBTS Building A Final Phase consequences.Consultation with an BOND attorney is encouraged with respect to its completion or modification. Date: September 21,2022 (Not earlier than Const/•nction Con!/act Dale) Any singular reference to Contractor, Surety,Owner or other party shall be Amount:$2,698,460.74 Two Million Six Hundred Ninety Eight Thousand Four Hundred Sixty considered plural where applicable. Modifications to this Bond: IF None See Section 18 and 74/100 Dollars CONTRACTOR AS PRINCIPAL SURETY Company: t'mlyoval'e SeaO Company: (Cotpot•ate Seal) g Y y �,,u DEC Contr cIYPA The Ohio Casualty Insurance Company Signature: _ Signature: Nanie and/ . � Name and hAnomey In-Fact J. nth Title: Title: (Any additional sign.alures appear on the last page of this Pcni►nent Bond) (FOR INFORMA77ON ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: True&Associates (Archilect,Engineer or other party:) 325 North Avenue East Westfield,NJ 07090 B.(908)232-0760 ................................................................_.,........... ...................Init. y ent Bond,The American In Architects.Al rights reserved.dt�AFIN11G7t`,,'t'l10s AlN II"' l Oed by AIA Document A312T"-2010 Pam arra»uusmi+rnt lr Hosts l l+uualgpt 1,rearm auoe IlmoteiirustussM'rrnrstuu as UnauMttuauuuseA urrlruauaNuumtlauur auu AWruAoutuaus anti tllaa a AM* ociurnand,im any l.mifla n of H,mrmy msaullt In 1 ,u,h ere auu uV and utu'luv inA luu,wreat Wes and w0l be l:uuos a.0 ed W Ova m rvximium a xtilr„rvA lu a„bhr under ttuuw tl3w,This document was produced by AIA software at P 11:43:03 on 10/09/2012 under Order No.5B20952305_1 which expires on 04/13/2013,and is not for resale. User Notes: (171BB96249) 11:::::X11 1111:31 F 8 CON .......................................................................................................................................................::::::............. § 'I The Contractor and Surety,jointly and severally, bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor-,materials and equipment furnished for use in die performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment firnrished for use in tile performance of the Construction Contract,their the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner Under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands, hens or suits against tire Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor-and the Surety. § 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien of-suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants,who do not have a direct contract with the Contractor,, .1 have ffirnished a written notice of non-payment to the Contractor,stating with Substantial accuracy the amount claimed and the name of the part),to whom the materials were,or equipment was, furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). § 5.2 Claimants,who are employed by or have a direct contract NN!th the Contractor,have sent a Clairn to the Surety(at the address described in Section 13). § 6 If a notice of'rion-payrnent required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisf),a Claimant's obligation to furnish a written notice of non-payrnent under Section S.1.1, § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5,2,whichever is applicable,the Surety sliall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant,with a cop),to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3'File Surety's failure to discharge its obligations Linder 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 fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant inCUI-S thereafter to recover any sums found to be due and owing to tire Claimant. § 8 Tire Surety's total obligation shall not exceed the amount of this Bond,Plus the amount of reasonable attomey's fees provided under Section 7.3,and the amount ofthis Bond shall be credited for any payments made in good taith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the pertbrinance 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 trinds for the completion of the work. AIA Document A312T"-2010 Payment Bond.The American Institute of Architects.All rights reserved,VVAFMNG� This AW Docuvwl M N prcAected by US,Cup:yright Law and Mernatiorw 1'reaties,uriau��w�izu�i rePr1DdUCflCM w disfiRmfion M this AM' Docmnwa,o�mv rioruon of R,may robuft 41! 5evora cWHand cr6rtn4 M pwWfles,and wM be pu)secuted to the nmx rnuyn exdvnu pimmii)w"mier oe(Lave,This document was produced byAIA software at 2 11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/13/2013,and is not for resale. User Notes: (1718896249) 11:::::X11 1111:31 F 8 CON F1HqLY11::::::J11�) .................................................................g..................................................................................... ............. § 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.Jhe Owner shall not be liable for the payment of any costs or expenses of any Claimant underthis Bond,and shall have underthis Bond no obligation to make payments to,orgive notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond, § 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in wit ich the project that is the subject of the Construction Contract is located or after the expiration of one year fi-orn the date(I)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone Under the Construction Contract,whichever of(I)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the tininitinurn period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrorn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. Men so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly fijrnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim.A written statement by the Claimant including at a tininitinurn: .1 the name of the Claimant; .2 the name of the person fbr whorl the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was fin-nished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last perfbrnied labor or last furnished materials or equipment for use in the perfbrniance of the Construction Contract; .6 the total amount earned by the Claimant fbr labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and Unpaid to the Claimant fbr labor,materials or equipment furnished as of the date of the Claim. § 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fijrnish labor,materials or equipment for use in the perfbrniance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terns"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 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. .................................................................................................................. AJA Document A312TM-2010 Payment Bond.The American Institute of Architects.All,righta reserved.WAFUY"M Ti W hk A vocumem 9s liiioLecLed l�y Init. U4,ColiyulglM Law and eii�MnafionM �m aUes,V nauffio d mm dzelidu dW cUnn m 6 ution of 18�7�79MA:111' Documem,w anv tiortioin of dL,iiniay ees"ft hn 3 :i!iivvoiic c v!P aiiiidj v m enaffi and � �nA lies,a wM:m ll"one Ul m ciOad Lo m aximum W oxiL posaftfle jnde�i W Lhe v,This document was produced by AIA software at 1 11:43:03 on 10/09/2012 under Order No.58209523051 which e)pires on 04/13/2013,and is not for resale. User Notes: (1718896249) 11:::::X11 1111:31 F 8 CON F1HqLY11::::::J11�) .................................................................g..................................................................................... ............. § 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, § 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor, § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: None (Space is pi-oWdedbelow.1bi-athfitiotialsigtialia-es qf added pai-lies, other Than(hose appearing m Ille corer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Coipoi-ale Seal) Company: (Corpoi-ale Seal) Signature: N/A Signature: N/A ........................................................................................................................................................................................ ---................ ............... Name and Title: Name and Title: Address: Address: —-----------—----------—-----------------------------------------—-----—-------------------—------------- At A Document A312-—2010 Payment Bond.The American Institute of Architects.Al I rights reserved.WAR NUM 7Nr,AIIAA I�Iocwnem�s jjv�AeOed by Init. US Cojj:�VrIgM Lwedand kftinafionM !Ire afie5,un a utiluoozod�vjj:"oducUon or&;MIbWkm of ffiI13 A�A, DocipreM,or any, :wii hon of It,may rosuft m 4 aewimfe 64 and cr4nInM jj:enaIfiei,and vmiM be :"oseciMed W Ow maxhnijin ex"�uM 1xiseflIfle undor the Ixoo,This document was produced by AIA software at 11:43:03on 1010912012 under Order No.5820952305_1 which e)vireson 04/1312013,and is not for resale. User Notes: (1718896249) �X�1�3 1 r 9 �� Key West International Airport Noise Insulation P[DgG][0 CoO8[FUCfiOD OfKWBTS Building /\ Final Phase SURETY ACKNOWLEDGMENT STATE OF NEW JERSEY COUNTY OF K0I0DLESEX On this this 21s day of September, 2022. Before 08 personally came Zachary J. Rosenthal to [D8 known, who being by me duly sworn, did U8p0Se and say he/she is the AttO[D8y-iD-Fact Of The Ohio Casualty Insurance Company described in and which 8XeCUiHd the within iOSi[UnO8Dt; that he/she knows the COrpO[8tH s8@| of said corporation; that the seal affixed to the within instrument is such corporate seal; that he/she signed the said instrument and 3MiX8d the said S83| GS Adt0[n8y-iO-Fact by authority 0fthe Board of Directors Of said cO[pO[aUOn and by authority Of this O0iCg under the Standing ReSO|UtiODS �.°.. >u..1>If I.� 1.0 ........................................................................................ This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company MutuaL The Ohio Casualty Insurance Company Certificate No: 8206800-969516 SURETY West American Insurance Company POKIER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Cheryl R. Coleman;Marc J.Michalewsky;Mary J.D'Amato;Sandra A.Pace;Thomas True;Zachary J.Rosenthal all of the city of Westfield state of NJ each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I I th day of November 2021 Liberty Mutual Insurance Company P�INSURE PON INS,, <J INSURq The Ohio Casualty Insurance Company hJ °°aPO"zgr�,1 �OR'n y`� °°aPORgrFgy UPPORar yn West American Insurance Company 0", w 2 Fo m Y ; 1912yo 0 1919 0 2 1991 0 N dJl SACHU50 fit! °�NAMP`��,aa� �Sl x'yOIANP' .da3 /2 / N O By: m David M.Carey,Assistant Secretary w " co State of PENNSYLVANIA m County of MONTGOMERY ss o E oOn this t I th day of November 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance co Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > m IY c IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O v r;P_' s 0�0 o 4�tr"10 Nt7e`�.fi� Commonwealth of Pennsylvania-Notary Seal O �,� oe`<;" tlr < Teresa Pastella,Notary Public •— N �" ° s Montgomery County B / � a) O Ut Illtttjjj My commission expires March 28,2025 p E C Commission number 1126044 y n�,5!v�ylvd \`<, Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public Q o` (6 hY�PU,.. O� 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 oo? O. S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ao M ARTICLE IV—OFFICERS:Section o 12.Power of Attorney. °O� o0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall-0 0 o = have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o a> Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the m provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti a ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 21 st day of September 2022 1NSUR s1Y INS& %NSUR �JPGpRP OR4r�'yCr ciJPo°aPORgr'Pgy GP°0 ORgr'9yCi � 3 Fo rn � 3 Fo m W 3 Fo m r � 1912 � 0 ° Z1919� 0 1991 o r��9sS4cHueE aa3 Z0�h Nq,tPs�dD� S iNoIANP -dad By.Renee C.Llewellyn,Assistant Secretor dM * �� Y , Y LMS-12873 LMIC OCIC WAIC Multi Co 02121 lf;;;;;Kil°°Ill 111 llf;; 11 F l og , ,II,,!,,,;;FIII„II,,!,,,�;;�IIf;;;;;,IIG;) e THE OHIO CASUALTY INSURANCE COMPANY Mutual. FINANCIAL STATEMENT—DECEI4BER 31,2021 SURETY Assets Liabilities Cash and Bank Deposits......................................... $134,628,410 Unearned Premiums................................................ $1,457,114,535 *Bonds—U.S Government..................................... 1,015,453,874 Reserve for Claims and Claims Expense................ 4,044,665,363 *Other Bonds............................................................ 4,50 1,743,412 Funds Held Under Reinsurance Treaties................. 0 Reserve for Dividends to Policyholders.................. 276,207 Stocks..................................................................... 268,876,063 Additional Statutory Reserve.................................. 0 Real Estate.............................................................. 0 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums........... 812,483,102 Other Liabilities................................................ 460,636,079 Accrued Interest and Rents..................................... 33,044,141 Total................................................................. $5,962,692,184 Other Admitted Assets............................................ 1,691,401,219 Special Surplus Funds................. $ 28,510,778 Capital Stock............................... 4,500,000 Paid in Surplus............................ 738,183,897 Unassigned Surplus..................... 1,730,043,502 Total Admitted Assets.................................... S8 463,930.361 Surplus to Policyholders................................ 2,501,238,177 Total Liabilities and Surplus................................ �Pr.,J�LpRPOq' Bonds are stated at amortized or investment vahie;Stocks at Association Market Values. 0 1919 3 The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial y��i�HgMPs�e�z statement filed with the state of Ohio Department of Insurance. I,TIM MIKOLAJEWSKI,Assistant Secretary of The Ohio Casualty Insurance Company,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2021,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 81h day of March,2022. Assistant Secretary S-12620CIC/a 3/22 Key West Innternatiornal Airport �N�oise linsujjfion IPrograrn Con is(ruction of'Key West by the Sea . Final IPh ase SECTION E DRUG FREE WORKPLACE FORM The tmdersigrued Ca tractor, in, accordance with Florida Statute 287.087, hereby cerfifies that; DEC Contractiag Group, Inc, ............ ................... ......... (Narne, of Business) 'I Publish ea statenient noWyin,g ern&yees tl"iat the unlawl't.4 nlar)UfaCtUre, distribubon, dispensing, possess%on or use of a oontrolled SUbstance is prohibited in the workplace and specifying the actions that will betaken againsteinployees for violations otsuch prohibibor), 2. linforrn such ernployees about the dangers of drug abuse- in the workplace, the business" policy of maintzlining a drug-free workplace, any available drug counseling, rehabilitation ! and employee assistance prograrn sa nd nd the, penalties that may be I irnpos-ed upon erviployeesfor drug,abilse violations, 3. Give each ernployee engaged iii providing the corni-nodlifies oir contractual services,that are under bid a copy of the staternen't specified in Sub-section (1). 4 In the staterrI&A specified in Sub-Section (1), notify -the ernployees that as a coindition o�f working on thin cornmodifies or contractual services that are Under bid, the employee will abide by the terms of the staternent and will notify the employer of any conOction of or plea of guilty or nolo, contenders 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 live (5) days after such conviction. 5. lmpose a sanctioni on or require 1he satisfactory parficipation in a drug abuse assistance or rehabilitation program if such is avadable, 0 the employee's cony munify or any efflp,toyee who is so convicted, 6. Make a, good faiith effort to continue to maintah i a dFUg-freO workplace through irnplernentation of this, section, As a person authorized to, silgn the statement, I certify that thiis firrn cornplies fully with the above requirements. lr (Signature) Vice EM151................... A--. (Title) 4-26-2022 (Date) BID DOCUMENTS 1-20 Key West International Airpor Noise InsWation Program Construction of Key West by the Sea- Final Phase SECTION K PUBLI NTITV CRIME STATEMENT "A Person or affilate who has been placed on the convicted vendar list following! a conviction for public entity crirne may not submit a bid on a contract to provide any goods or services to a public entity, may not sularnit a bid on a contract with a public entity for the construction or repair of a pubho building or pubtic work, may not stibmit bids one leases of real propertylo public entity,, may not be awarded or perform work as a CONTRACTOR, supplier,subcontractor, or C,0N'1 RACTOR under a contract with any pUbfic ent�i�ty, an,d may not transact atjsiness wflh any public entity, in excess of the threshUld artiount provided in Section 287.017, for CATEGORY TWO for a period of months from the (late of being placed on the convicted vendor IJst.," DEC Contracting Grwlp, 11jol Erika IF odenstein I have mad 'the above and state that neither (Respondent's name) nor any Affiliate has been pliaGed on the convicted vendor i1st with1in the last 36 months, -�w ,L 12-111 (Signature) Vice President .................................... - (Title) 4-26-2022 .....................................__............. (Date) STATE OF: Florida C 01U NTY OF, Lee Subscribed and sworn to (or affirmed) Were me, by, means,of)4physical presence or 0 o n Iin e, n ota rization, o n ArIL Z.0?z�g, _(date Z� - of) by (narne athaint). HeeW_is p rsonalfy known to, me or has produced ............... (type of Wentfficabon) as identification, _N0TAFRiK'U_BL1C__ DOUGLAS ft WCH It 4P Cwroj$sjon 4A 247-163 EqjMi8,Apr1 2,20M BID DOCUMENTS 1-42 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION L SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE DEC Contractin Group, Inc.1 Erika Bodenstein warrants that he/shefit has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion,terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee, 'Mignature) Vice President (Title) 4-26-2022 (Date) STATE OFF Florida COUNTY OF: Lee Subscribed and sworn to (or affirrned)before me, by means of)ephysical presence or o online notarization, on Aaw- .;9?Dzz (date) by F—Ciga &pjg& (name of affiant). He/60§. ers o me or has produced ....... µ (type of identification) as identification, W00W R.MWH It 0DMM1W0n04HZ4?163 Ex0rusApt1 2,=6 BID DOCUMENTS 1-43 Key West International Airport Noise insulation If rograrn Coristruc,tiori of Key West by the Sea- Hnell Pl'liase SECTION M CERTIFICATION OF NONSEGREGATED FACILITIES (As Required by Division 111, Section 160 Subsection 160-02 Equal Emp oyrnent Opportunity Requirements of the General Provisions) The federally assisted construction curitra(,,tor certifies that he1she does not aintahi or pruvWe for Nsfher employ(,,�es any segregated faciRies at any of histher establishr'nents, and that helshe does riot pern,fit his/her erT1Pl0YeeS to pcifofort th6r services,at:any location, under his/her control, wh(i't� segregated facillitiles are maintained, The (edorally assisted construction contractor certifies fUrrill[Cr,, tha,[ he/she will not, maintain or proMe for hJsther employees any segregated facilities at any of hilstlier establishments, and that hO'she will not permit hisiher employees to perform their services at any location, Under hisftier control, where segregated facilifies are maintained, rF he federally assisted construction; contractor agrees that a breach of this certification is a viotation of the equal Opportunity claluse in this contract. As used in this certification, the ten" "segregated facififies"meanis any waiting roonis,work areas, restroonis arlid washrooms, restaurants and other eating areas, firne clocks, locker roorns and other storage or dressing areas, parking lots, drinkiing fountains,, recreation oir entertainment areas, transportation, and housing facilities, prov died 'for employees which are se.gregated by explicit direefive or are in fact segregated on the basis of race, color, reHqlon, disabillty, sex, age, ancestry, marital status, farnilial status,, sexual orientation, gendeir identity expression, or natjoir)M origin, because at habit, local custom, or any other reascin,. The federally assisted construction, contractor agrees that (except 'where he/she has obtained identicaA certifications from proposed subcontractors, for specific,time periods),helshe will obtain identical certifications from/ proposed subcontractors prior to,the award of subcontracts exceeding $10,000 which are not exernrpt frorn the provisions of the equal oppottonity clause, and that helshe will' retain such certifications in Wshierfiles, ................. VIce President jifle) 4-26-2022 ............ ......................... ..................... (Date) BID DO,CUMFNTS k44 Key West International Airlport Noize 111SLIWilon Prograrn G01110-LACH0111 Of Key West by the Sea - Final Phrase SECTIIONI P NON-COLLUSION AFFIDAVIT 1, Erika Bodenstein according to law on my oath, and under penalty of perjury, depose and say that,' 1) 1 arii, V�ce President .......I Owe) of tile f1r,71, of DEC Contracting Group, Inc, (company name) the Bidder maHng the bid proposal for the project desuIoed in die Notice for Calling for bids for: Key West International Airpo N,oise Insulation Program Construction of MBTS, (Key Wqgit 4� the lea � irr M N�t� r and that I executed the,said proposal with full authorftyto do so, 2) The prices in IhJs bid have been anived at independently without collusion, consultation, communicabori, or agreeirnent for the purpose, of resthcting cornipetition, as to any rrvatter re1afing to such phces with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices, whiich have, been quoted Wi this bid have, not been knowingly disclosed by the Udder and will not, knowingly be disclosed by the Bidder prior to bid openpng, directly or indirectly, to any other Wdler,or to, any competitor; and 4) No atteirvilpt has been made or will be made by the Bidder to induce any other person, partnership or corporation to subm,it, co, not to submit,, a bid for the purpose, of restricting cornpefifioin� 5), The statements contained in this affidavit are true and corroct, avid made with full knoMedge that Monroe Counity relies upon the truth of the stater-nents contained in this affidavft in awarding contracts for said project, Vice PResident ...........-.............-—--------- ..................... (Title) 4-26�-2022 -..................... m . (Date) BID DOCUMENTS l-.57 Key West lntern afional Airport Noise Insulation Program! ConstrUdi011 of Key West by the Sea - Finol Phase STATE OF: Fl orida .. ............. COUNTY OF: Lee Subscribed and sworn to (or a"Irmed) before me, lby rfleans of 9!physleW presenue ur E.11111 oWine notarization, on JNla__ &4 20?z..... (date) by ,,IL- (name ofaffiant). H" is,.pe sonally,,kno,,wn to me or has produced (type of identification) as identificatbin. DOUGLAS R.MASCH 11 V, Cowdmion 4'HH 247163 Expkes Aprg 2,2025 NOTARY PUBL�C BID, DOCUMENTS 1-58 Key West International Airport Noise Insulation Program Construction of Key West by the Sea - Final Phase SECTION R VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): KWBTS Noise Insulation Program Respondent Vendor Name: DEC Contracting Group, Inc. Vendor FEIN: 46-4934701 Vendor's Authorized Representative Name and Title: Erika Bodenstein Vice President Address: 1560 Matthew Drive Suite B City: Fort Myers State: Florida Zip: 33907 Phone Number: 239-332-4322 Email Address: cabot@deccontracting.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. BID DOCUMENTS 1-60 Key West International Airport Noise IInsW tiun Program on,stru ti ra of Koy West t by O)p Sea .., Fin all Phase Certified, By. rii rr t in ........... .... who is uthori e d to i rd c�a� b I'1,. If �tt� �t�� r�f�� al Print Name" Erika Boden t in Title: Vice 'Pieirdurut Role: The List are avallable at the fallowhig Department of Management ent ervice Situ; ILlIp-,�' ldra .uau fil �ru l r:;. rara G� tp�u u r ul;iu rr q t ,t, M° p i r a�r r,Nrruw� nforniatiori/cony t l ua a ;u l wrd W. a tliiria 7 tt tt� M u11'alp a�AS Vendor hs"t