Performance/Payment Bond � L i
TM
96--rAIA Document, 1 - 2010
Performance Bond Bond No.015218069
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
DEC Contracting Group,Inc. of business) ADDITIONS AND DELETIONS:
1560 Matthew Drive,Suite B The 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 status 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 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 Construction Contract Date) 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: 0 None See Section 16 and 74/100 Dollars
CONTRACTOR AS PRINCIPAL SURETY
Company: 'or�r Rule Seal) Company: (Corporate Seal)
DEC Court a tin a The Ohio Casualty Insurance Company
Signaiart Signature:
Name and ' G�cS S Name and 6haryOiMseli;�
'title: r Title: Attorney-in-F'aci
(Any r141dttionllfl signatures appear on the last page of this Performance Bond.)
(FOR I,'VFORMATIONONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
True&Associates (Architect,Engineer or other partt,.)
325 North Avenue East
Westfield,NJ 07090
B,(908)232-0760
Doc#2402879 Bk#3207 Pg#1766
Recorded 1'10/2023 12:29 PM Page 1 of l 1
Filed and Recorded in Official Records of
MONROE COUNTY XEVIN MADOK,CPA
Init. AIAtlocumeant A312 2010 Parl'onTrance Bond,Tti�t Anaeruc.au pPsWuteofArchil cm All rights reserved,4atFdtM1t^CC iNG,,,Tirds Ale Document is protected by
U.S,Copygight Law and Ilirnennatuonap 1`reatues,Unaaauthounaed reproduction or distdbut'ion of lWs;Apo Document,or any purflon of&t„onroey sesnun in
severe 6vill and cdiinirnM peunaplpes,and wiifl be 1pirosecuuted to tpve maximuuim extent possMe uunder the taw.This document was produced by AIA software at
d' 15:25:46 on 01/10/2013 under Order No 6871475021_1 which expires on 12/27/2013,and is not for resale.
User Notes: (1382705251)
§ 1 The Contractor and Surety,jointly and severally, bind themselves, their heirs,executors,administrators,
successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by
reference.
§ 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.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 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
IT,AtA Document A31'21"-201O Performltaoce Bond,"flaeAnzerlcon InslitutQ o7 ArehiteCts,Alt ritplwts reserved.t ANtyUNG t W3 AW Docu ament is prweulaad by
(nit. U.5 ropl�yir&,dttt Law and Vntarnaldoaa,al TrealWs Un.autl°loflz" d reprrodtrrbon or d0stributtora of tMs AM' Document,or any portion of H,may resaw'It pn 2
severe civil and crpmprral paavaRies,and MH be parosecuted to Qtae rnaza muna extent pnosslll:ale under the law.This documentwas produced byAlA software 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)
§ 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors,administrators,successors and assigns.
§ 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance 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 Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default.Failure of the Contractor, which has not been remedied or waived,to perform or otherwise
to comply with a material term of the Construction Contract.
§ 14.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
A➢A tocument A312c1-2010 Performance Bond.The Anueftart Unstitoleof Anchitec s,A I rights reserved.,WAtdttV@�dta... T hws AMt`IDorufn.�enret is proTacted by
Init. U.B.Colpyrutght ILaw and hnferinafoouuaB Treatues�.U➢nauutMmdzed relproduuctioin or distribution of this MAr Doc,urn,ani,or Any posts wiii of ail,may rssur,i in 3
severe civr9U and cr6uninai pernallVes,and Mill be prosecuted to the unaximuurn extent poss,Me under the Ilaw This document was produced byAlA software at
15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 1 212 7/201 3,and is not for resale„
User Notes: (1382705251)
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:None
(Space is provided below for additional signatures of added parties,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 A312TO 2010 Performance Sand.The A merd,,an➢nsi,nwe 0Archaecm AM rights reserved.WAR NM*wm This MA"Document Is µnraatccwd by
Init. U.S copyright Law and IInternatuorW rm fftWs.Unauthorized irepprodueflon or Wsablbution of Ws AJA' Docu maamt,w amvy pwil an of A"may result in 4
sevems c'ivfl and c4minW p,perwaapties,and w1pi be p:puoseruted to the ntia$imuin extent p,pesslIblle uirndem°ttue paw,This document was produced by AIA software at
I 15:25:48 on 01/10/2013 under Order No.6871475021_1 which expires on 1212712013,and is riot for resale.
User Notes: (1382705251)
1A
Document A312 TN
Payment Bond Bond No.015218069
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
business) ADDITIONS AND DELETIONS:
of DEC Contracting Group,Inc.
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 status 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 This document has important legal
Construction of KWBTS Building A Final Phase p
consequences.Consultation with an
BOND attorney is encouraged with respect
to its completion or modification.
Date: September 21,2022
(Not earlier than Construction Contract Date) 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 18 and 74/100 Dollars
CONTRACTOR AS PRINCIPAL SURETY
Company: ("rrrl/orcatar Seal) Company: (Coaporate Seal)
DEC Contrcnfinra p Inc The Ohio Casualty Insurance Company
Signature: Signature: p
Name and�o� �, /4A � Name and ctlary D Osenttl
Title: Title: Attorney-in-Fact
(Any additional signatures appear on the last page of 1his Payment Bond.)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
True&Associates (Architect, Engineer or other party)
325 North Avenue East
Westfield,NJ 07090
B.(908)232-0760
Copyright p...amw and IlnterruatponM Treaties.Unauthorized reproduction or distrubnuk�ion of this MA" Document,or any perVon of it,may y ets uf i by
Inft. U.&Cop
AIA Document A312" 2010 Payment trend.The American IrOtule of Architects.Alt rights reserved,WARNING,Ms AdA ttoctumeM M
�nayre�wrpl� n �
severe civH and c6m inM jpsnaaWes,and will be prosecuted to the inasaiimui n extent Iposs„Me under the Vawae.This document was produced by AlAsoftware at
t 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)
§ 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,
successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of
the Construction Contract,which is incorporated herein by reference,subject to the following 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 furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in
Section 13)of claims,demands,liens or suits against the Owner 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 or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§ 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have 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 incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 6 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount ofthis Bond shall be credited for any payments made in good faith by
the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor
furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to
the Owner's priority to use the funds for the completion of the work.
U.S.
Document A " 2010 Payment Sand,7heAmerican Institute of Archwtscts.All rtphts reserved,WARN11tdt"w•Ink,AW, Docu mentt is pmtecte,d by
Init. Copyrightaw and dternaVonad Treator„s,Unaiuthnornaed reproduction or dMfibutreon of this AM`Document,or any podton of it,may nosartt W 2
severe cigH and cr„i ninaW penaffies,and wffl be prosecuted to the maximum extent IpossWe under the lane.This document was produced by AIA software at
11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/1312013,and is not for resale„
User Notes: (1718896249)
§ 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts, purchase 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 which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or
5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this
Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety,the Owner 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 herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant:
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for 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 furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include
without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services
required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished.
§ 16.3 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.
AfA Document A31210 2010 Payment Bland.The American Instutute of Architects.AM rights reserved.WARNING!Thumy AO' rtocunwnl,is praatected by
Init. pyu�qht l a arrnund l��uteimtti a nM TrawGties.prosecuted eged 4o the reproduction or distributdon of tuba AII0 Vocu meat,or any prertuon of It,may rs5oft bn
U.S.
cm. 3
severe civil and cm" auRn extent p®sslble under the Carona.This document was produced by AIA software at
N 11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 0411312013,and is not for resale.
User Notes: (1718896249)
§ 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 provided below.for additional signatures of added parties, other than those appealing 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:
/DNA Document A312" —2010 Payment Bond_The American Inst Wo of ArcNicoz.All d9bts reserved,WARNING:"hm s AW ftcumeW is proWootl by
Init. US.Copyright Law and IInternaUonap Treatpes,Unauthorized feproducUon or dastri!buNrrri of tllwlls AW Doraurneow or any pa djon of 4,may ranult i" 4
usevoeire Ovfll and criinwunall IrwnaNties,and w0l the prosecuted to the rnaaiimwwuurrn extent possible under the iaw.This document was produced by AIA software at
t 11:43:03 on 10/09/2012 under Order No.5820952305_1 which expires on 04/1 3120 1 3,and is not for resale,
User Notes: (1718896249)
Key West International Airport Noise Insulation Program
Construction of KWBTS Building A Final Phase
SURETY ACKNQ_WLEDGMEbIT
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX
On this this 215t day of September, 2022.
Before me personally came Zachary J. Rosenthal to me known, who being by me duly sworn, did
depose and say he/she is the Attorney-in-Fact of The Ohio Casualty Insurance Com an
described in and which executed the within instrument; that he/she knows the corporate seal of
said corporation; that the seal affixed to the within instrument is such corporate seal; that he/she
signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board
of Directors of said corporation and by authority of this office under the Standing Resolutions
thereof.
Notary Pub#ic Agnature
LNOtary
L R COLEMAN
sion#2182370
, tate of New Jersey
vr6ssbi Expiresrn er 27, 2b25
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.
Liberly. Liberty Mutual Insurance Company
Mutua ,10-W
m The Ohio Casualty Insurance Company Certificate No: 8206800-969516
••-_-- --- --• West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized 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;Zac ary J.Rosent al
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 11 th day of November 2021
o� IN & ry 14s o Liberty Mutual Casualty
Insurance
Company
al
at'astr V11 tNS t�su The Ohio Ca ualty Insurance Company
West America Insurance Company
1912 1919 , 1991 /�
17 ��� o��l�� ��a�yab `x�yt � A �� By a a �r �
to David M.Carey,Assistant Secretary zs
M State of PENNSYLVANIA ss cE
E
4) County of MONTGOMERY
On this 11 th day of November 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance UM
4-5
M 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.
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.
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Commonwealth of Pennsylvania-Notary Seal
Teresa Pastella,Notary Public P' ca
Montgomery County E E
CY My commission expires March 28 2025 By 0 N
Commission number 1126044 - ...............� O
P ,T r ,�' Member„r>�+uo> ,n kr4rnn r Ase+x;.rnWt n of rva+,tiww% efesa PaStdia,Notary Pubhc' +«�
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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 co
O.G Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r0
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ARTICLE IV—OFFICERS:Section 12,Power of Attorney. a o
2 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the m
_ 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 M—
m 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 C9
46 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
co
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 attorney-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, t CL
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 attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as 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 attomey 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 .
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BY
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Rene tlwetl n AsslslantSecrr.tary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
10LibertyTHE OHIO CASUALTY INSURANCE COMPANY
MutuaL FINANCIAL STATEMENT—DECEMBER 31,2021
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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................... .............. .......... 4,501,743,412 Funds Held Under Reinsurance Treaties................. 0
Reserve for Dividends to Policyholders.................. 276,207
*Stocks ...... .. .... 268,876,063 Additional Statutory Reserve....
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
Special Surplus Funds................. $ 28,510,778
Other Admitted Assets............................................ 1,691,401,219
Capital Stock..............................< 4,500,000
Paid in Surplus,........_.................. 738,183,897
Unassigned Surplus..................... 1,730,043,502
Total Admitted Assets..........—......................„ $$4fi3.930 3fi1 Surplus to Policyholders................................ 2,501,238,177
Total Liabilities and Surplus................................$$.4 3 930 3fi1
* Bonds are stated at amortized or investment value;Stocks at Association Market Values.
1919 ry The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial
a naw w 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 8`h day of
March,2022.
�s
Assistant Secretary _....
S-12620CIC/a 3/22