Item W12
JUL-07-03 10,06 FROH,HONROE COUNTY ATTV OFFICE
10,3052923516
PAGE
1/1
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
July 15, 2003
Division
County Attorney
AGENDA ITEM WORDING
Approval of amendment to KWRU Contract, contingent upon passage of connection
assessment ordinance.
ITEM BACKGROUND
Approved KW Resort Utilities south Stock Island wastewater collection project through
a purchase of plant capacity reservation contract on July 31, 2002.
PREVIOUS RELEVANT BOCC ACTION
See above.
CONTRACT I AGREEMENT CHANGES
STAFf RECOMMENDAnONS
Approval.
COST TO COUNTY
BUDGETED Yes No
SOURCE OF FUNDS
TOTAL COST
APPROVED BY:
County Attorney. OMS/Purchasing 0 Risk Management J
DIY_ON DIRECTORAPPROVA~#
OH . C N
,.
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
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AMENDMENT NUMBER ONE TO THE KW RESORT UnUnES CORPORAnON
CAPACITY RESERVATION AND INFRASTRUCTURE CONTRACT
This is an amendment to the Capacity Reservation and Infrastructure Contract
between Monroe County, a political subdivision of the State of Florida, hereafter County,
and KW Resort Utilities Corporation, a Florida corporation, hereafter Utility.
RECITATIONS
A. On July 31, 2002, the parties entered a contract whereby the County
purchased a reservation of wastewater treatment capacity from the Utility in an amount
deemed sufficient to treat the wastewater generated on south Stock Island.
B In consideration for the County's purchase of the reserved wastewater
treatment capacity the Utility agreed to extend its collection system through out south
Stock Island and to collect $2700 per EDU (equivalent dwelling unit) from each property
owner required by County ordinance to connect to south Stock Island wastewater collection
system when the system is complete.
C. As provided for in the parties' July 31, 2002 contract, the $2700 is intended to
repay the County for the County's purchase of the wastewater treatment capacity
reservation and to pay for the upgrade of the Utility's Stock Island wastewater treatment
plant to AWT.
D. Pursuant to the parties' July 31, 2002 contract and the current provision of the
Monroe County Code, the $2700 is due in full from each property owner upon notification of
availability for connection of the south Stock Island wastewater collection system.
E. In recognition of the financial hardship to some property owners that payment
of the $2700 in full might cause and in order to create a bondable revenue stream, the
Board of County Commissioners is considering adopting an ordinance that would allow a
property owner to elect to pay the $2700 per EDU over a period of up to 20 years with
annual payments collected as non-ad valorem assessments under Sec. 197.3632, FS.
F. If such an ordinance is enacted, an amendment to the Capacity Reservation
and Infrastructure Contract is necessary.
In consideration of the mutual promises and consideration set forth below, the
parties agree as follows:
1. The parties' July 31, 2002 contract (the original contract) attached to this
contract amendment as Exhibit A and made a part of this amendment. The parties
acknowledge that the County in Resolution No. 595-2002 directed that the Utility upgrade
its Stock Island wastewater treatment plant to AWT by January 1, 2007 pursuant to
paragraph 5 of the original contract. A copy of Resolution No. 595-2002 is attached to this
contract amendment as Exhibit B and made a part of this amendment.
2. Subparagraph 4A is hereby added to the original contract to read as follows:
"A. Notwithstanding paragraphs 3 and 4, if the County chooses to adopt an
ordinance that allows a property owner the option of electing to pay the $2700 per
EDU capacity reservation fee over a period of up to 20 years pursuant to the non-ad
valorem assessment method, the Utility shall:
(1) collect from a property owner so electing 5% of the total capacity
reservation that would otherwise be due and remit the 5% collected to the County
within 20 days of the Utility's receipt of the same; and
(2) obtain a written consent to payment of the capacity reservation fee
through the non-ad valorem collection method (on the form furnished by the County)
and deliver the written consent to the County.
If the County chooses to adopt an ordinance authorizing collection of the non-
ad valorem method to collect the $2700 per EDU capacity reservation fee, the
County must by , 200_, determine whether the south Stock Island
capacity reservation fee revenue collected through the non-ad valorem assessment
method will be pledged for the repayment of bonds. If the revenue is pledged, then
the $600 per EDU for AWT must be paid to the Utility out of the bond proceeds
within
days of the County's receipt of such proceeds (except for the $600
per EDU collected from property owners who paid the $2700 in full). If the County
chooses not to pledge the capacity reservation fee revenue for the repayment of
bonds, then the County agrees in fiscal year 2004-2005 to levy a non-ad valorem
assessment on property owners electing the non-ad valorem assessment option that
is sufficient to generate $600 per EDU in revenue. That $600 per EDU will then be
paid to the Utility for the AWT upgrade. Alternatively, the County may pay the Utility
in fiscal year 2004-2005 the $600 per EDU (except for property owners who paid
their capacity reservation fees in full), out of any lawfully available revenue source."
3. Except as provided in this amendment, in all other respects the parties'
original contract remains in full force and effect.
;.
4. This contract amendment will take effect on the signature date of the last
party to execute this amendment.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as indicated
below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
Date
(SEAL)
Attest:
KW RESORT UTIUTIES CORPORATION
By
Secreta ry
By
President
Date
jconKWRUA
Board of County Commissioners
RESOLUTION NO. 312 -2002 07/-;110..........
,
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE
ON BEHALF OF MONROE COUNTY A CONTRACT WITH KW RESORT
UTILITY, INC., FOR THE CONSTRUCTION OF WASTEWATER
COLLECTION INFRASTRUCTURE FOR SOUTH STOCK ISLAND
WHEREAS, the Monroe County Comprehensive Plan requires Monroe County to meet
State mandated wastewater treatment standards by 2010; and
WHEREAS, the Monroe County Sanitary Wastewater Master Plan identifies South
Stock Island as a highest priority area for central sewer service; and
WHEREAS, centralized wastewater services are available to only a limited number of
businesses and residences located on South Stock Island; and
WHEREAS, the prevailing method of wastewater treatment is the utilization of cess
pits and septic systems; and
WHEREAS, the prevailing method of wastewater treatment is both a known source of
near shore water pollution and is damaging the living coral reefs that in turn damage
Monroe County's tourist based economy, and is also an ecological wrong in its own right;
and
WHEREAS, the County must eliminate the cess pits and septic systems and desires
to make available to the residences and businesses of South Stock Island a central
wastewater treatment system; and
WHEREAS, KW Resort Utility has substantial capacity to provide additional
wastewater treatment services and agrees to provide wastewater treatment services to the
residences and businesses located on South Stock Island, and connecting South Stock
Island to its plant is the most economical way to provide such services to South Stock
Island; and
WHEREAS, the KW Resort Utility has designed, permitted and bid the construction of
a collection system on South Stock Island pursuant to plans of Weiler Engineering
Corporation dated May 30, 2002 (Project); and
WHEREAS, for the reasons stated above, Monroe County's funding of KW Resort
Utility's construction of wastewater collection infrastructure for South Stock Island serves a
paramount public purpose with an only incidental benefit to private persons; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The Board hereby adopts the findings of fact and conclusions set forth
above.
LyH/61/ .A
Section 2. The Mayor is authorized to execute on behalf of the County the contract
with KW Resort Utility for the construction of wastewater collection infrastructure for South
Stock Island .
Section 3. All connection fees collected by KW Resort Utility and remitted to the
County will be placed in the infrastructure sales tax account and used for the purposes for
which infrastructure sales tax revenue may be spent.
Section 4. In the event property owners required by law and ordinance to connect
to the newly constructed South Stock Island wastewater collection system fail to do so, the
County will use the legal remedies available to it to compel connection to the system.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting of said Board held on the 31st day of July, 2002.
Mayor McCoy
Mayor Pro Tem Spehar
Commissioner Nelson
Commissioner Neugent
ssloner Jimenez
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ves
yes
absent
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By MaYor/Chal~n
jdresKWRU
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CAPACITY RESERVATION AND INI=RASTRUCTURE CONTRACT
KW Resort Utilities Corporation
THIS CONTRACT is entered into this 31st day of July, 2002, by and between Monroe County,
a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street,
Key West, FL 33040 (County), and KW Resort Utilities Corp., a Florida corporation whose address is
6450 College Road, Key West, FL 33040 (Utility), for the purchase of wastewater treatment plant
capacity reservation to serve South Stock Island and the installation and expansion for the
wastewater collection treatment system on South Stock Island. Whereby the County agrees to
provide initial funding for the installation and expansion of the Utility wastewater treatment system
and the Utility agrees to provide wastewater treatment services to the residences and businesses of
South Stock Island.
IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree as
follows:
1. A. The County agrees to purchase from the Utility, and the Utility agrees to sell,
capacity at its wastewater treatment plant sufficient to treat 1500 e.d.u.'s. The Utility agrees that
the capacity purchased Is to serve the South Stock Island area. As consideration for the purchase
the County agrees to fund the Utility's construction of the wastewater collection system on South
Stock Island , in an amount not to exceed $4,606,000, pursuant to the plans dated May 30, 2002
from Weller Engineering Corporation. The plans are attached to this contract as Exhibit A and made
a part of it. The Utility's completion of the system must be done in 16 months from the
commencement date of this contract unless delayed by acts of war, legal challenges, acts of God, or
lack of funding from the government.
B. The Utility agrees that the County will make monthly partial payments of the
construction costs of $4,606,000 to the Utility in amounts equal to the percentage of South Stock
Island infrastructure work satisfactorily completed during the previous month. The parties agree
that the construction costs of $4,606,000 is allocated as follows:
i.
ii.
iii.
iv.
Collection system infrastructure
Contingency amount
Engineering and engineering inspection
Construction administration and legal fees
Testing
Total
$3,500,000
380,000
279,000
347,000
100.000
$4,606,000
v.
The Utility agrees that the maximum amount due it from the County under this contract is
$4,606,000. If the construction of the South Stock Island infrastructure expansion described in
paragraph one costs in excess of $4,606,000, the excess costs are solely the responsibility of the
Utility and do not operate in any way to relieve the Utility of its obligation to complete the
infrastructure so that it satisfactorily collects wastewater In South Stock Island and transports It to
the Utility's plant for treatment. In order to insure that the collection Infrastructure is satisfactorily
completed and that all contractors (in any tier) and materialmen are paid, the Utility agrees to
purchase, or require its contractors to purchase, performance and payment bonds in a form and
amount satisfactory to the County. No payment will be made by the County until the bonds are
purchased. The Utility must also supply the County with the names of all contractors before
payment can be made.
C. Payments to the Utility will be made as follows:
i. On the first business day of each month the Utility shall submit to the County
Engineer an invoice, in a form satisfactory to the County Clerk, for payment for
the work completed, or materials delivered, during the prior month. The
invoice must contain:
a) An engineer's certificate that the percentage of work requested for
payment has been completed In a good workmanlike manner and the
amount requested represents the percentage of work completed, or
materials delivered to the Utility for incorporation Into the work provided
they are kept separate from other materials at the Utility's slte(s) and
are Identifiable as materials for Incorporation In the work authorized by
this contract, together with any supporting documentation requested by
the County Engineer.
b) Partial lien waivers for Interim payments from the contractors,
materialmen, and Utility. Final waivers are necessary for final payment.
An engineer's certificate that the South Stock Island infrastructure
expansion Is functioning satisfactorily and in accordance with the design
and performance criteria of Ex. A is also required for final payment.
ii. The County Engineer must review the invoice and within 5 business days,
Inspect the work completed and materials delivered, and Inform the Utility In
writing of any error or omission In the invoice and what must be done to
correct the deficiency. If the Invoice is satisfactory he shall forward the Invoice
to the County Clerk for payment. The Clerk must then promptly review the
Invoice. If the Clerk determines there Is an error or omission In the Invoice, he
must Inform the Utility In writing. If the Invoice is not returned to the Utility by
the Engineer or Clerk for correction, the Clerk must make the payment to the
Utility within 20 business days of the County Engineer's receipt of the Invoice.
A corrected invoice need only be returned to the officer who noted the
deficiency, with a copy to the County Engineer and, if satisfactorily corrected,
shall be paid by the Clerk within 20 days of the officer's receipt of a corrected
invoice.
Iii. If there Is a dispute between the Utility and one of its contractors which
disrupts, delays or stops the work, the County reserves the right to withhold
payment(s) until the dispute is resolved.
D. The Utility agrees to keep its financial records pertaining to this contract
according to generally accepted accounting principles. The records must be kept three years after
the date of the County Clerk's, or County's Issuance of an audit for this contract.
The Utility must make its financial records pertaining to this contract available to an auditor
employed by the County or Clerk during regular business hours (Monday-Friday, 9 AM _ 5 PM,
holidays excepted). If the auditor determines that money paid by the County to the Utility was not
spent as authorized by this contract, or that the $600 portion of the capacity reservation fees
collected from property owners was not spent on AWT conversion and operating costs as required by
this contract, or that capacity reservation fees collected from property owners were not remitted to
the County as required by this contract, then the Utility must repay to the County the amounts not
spent or remitted as required by this contract, together with interest calculated at the rate set forth
in Sec. 55.03, Fla. Stat., from the date the auditor determines that the funds were Improperly spent
or withheld.
E. The parties agree that nothing in this contract may be construed to create
privity, or any other contractual or legal relationship however described, between the County and
2
any . contractors, subcontractors, design professionals and administrative personnel, and
materialmen, of the Utility. Such persons may not seek payment from the County but only from the
Utility or the Utility's sureties.
F. The South Stock Island wastewater collection infrastructure constructed
pursuant to this contract is, and will remain, the sole property of the Utility. Nothing in this contract
may be construed as creating any County obligation or liability to the Utility or any third parties to
construct, maintain, repair or operate the infrastructure.
G. The payments due the Utility pursuant to this contract may be paid out of
County non-ad valorem revenue sources only. The Utility agrees that it may not seek to compel the
County to pay any amount out of ad valorem funds that may be due the Utility under this contract.
3. Utility agrees to reimburse County, to the extent of its collection of capacity
reservation fees from all new customers connecting to the vacuum sewer system to be constructed
pursuant to the plans of Ex. A. and funded by this contract. Utility shall account and pay to the
Coonty on a monthly basis all amounts due. The capacity reservation fee is $2,700 per EDU
(equivalent dwelling unit) as set forth in the Utility's tariff filed with the Public Service Commission,
which fee shall remain at $2,700 until January 1, 2007. Notwithstanding, the foregoing Utility shall
not be required to repay the County the advanced funds unless there are monies generated by
connections to the South Stock Island wastewater collection infrastructure project and only to the
extent of collections from that project.
4. Utility agrees to repay the funds advanced by County for the construction of the South
Stock Island wastewater collection infrastructure project. Utility's obligation of repayment is limited
to the capacity reservation fees collected by the Utility from new customers connecting to the
project. Utility shall account for the collection of new customer capacity reservation fees on a
monthly basis. Utility shall pay to the County the total sum of the new customer capacity
reservation fees collected during any month by the fifth business day of the succeeding month.
Utility has neither the authority nor the obligation to enforce the mandate of the State of Florida or
to require the owners of residences and businesses of South Stock Island to abandon their current
wastewater treatment system and connect to the wastewater collection infrastructure project.
5. Utility further agrees to convert its wastewater treatment system to Advanced Waste
Water Treatment (5-5-3-1), hereafter AWT, by January 1, 2007 provided that the County so
requests and that Utility is allowed to recapture the costs of its conversion to AWT and increased
operating costs by a resolution of the County Commission. Such resolution requesting that the
Utility convert to AWT and that allows Utility to recapture the costs of Its conversion to AWT and
increased operating costs must be adopted before January 1, 2003. Any repayment of funding by
the County to construct the project from the collection of new capacity reservation fees shall be
proportionally discounted and reduced by the Utility's cost of conversion to AWT standards. Utility
Shall be allowed to retain a fixed fee of $600 per capacity reservation fee (EDU) from the project to
cover the incremental cost of conversion and initial AWT operation. The net amount due to the
County from the collection of any new capacity reservation fees would be equal to $2,100 (capacity
reservation fee $2,700 per EDU less discount for AWT conversion $600). Any connection fees
collected from users of the existing wastewater collection system who connected to that system prior
to the effective date of this contract, and which fees were reserved for AWT, must be spent on AWT.
The Utility agrees to complete the AWT upgrade at its own expense if the fees collected for the
upgrade under this paragraph do not cover the total cost of the upgrade. The Utility agrees to use
its best efforts to require the property owners of South Stock Island to connect to the new collection
infrastructure. If the owner of a property required to connect to the new collection system refuses
to do so, the Utility shall refer the refusal to the County which may use any available legal or
equitable remedy to compel connection.
6. Utility agrees not to add the construction cost funded by the County to its cost basis
utilized by the Public Service Commission to calculate a reasonable return on invested capital. Utility
3
further agrees not to use the advances in calculating any impact fees, connection charges or any like
charges imposed on Utility's customers, i.e., that the advances will be applied as a credit against
such fees otherwise charged.
7. The Utility agrees to indemnify and hold harmless the County, members of the County
Commission, County officers and employees, and County contractors, from any acts or omission
committed by the Utility's officers, employees, and contractors (of any tier) during the course of
performing the work required by this contract. This paragraph will survive the completion of the
work. The purchase of the insurance required by paragraph 8 does not vitiate this
Indemnification/hold harmless paragraph.
8. During the term of this contract the Utility must keep In full force and effect the
insurance set forth in Exhibit B. Exhibit B Is attached to this contract and made a part of It.
9. The Utility warrants that he/it has 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.
010-1990. 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.
10. This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida.
In the case of litigation, the prevailing party is entitled to costs plus a reasonable fair market value
attorney's fees.
11. The parties agree that this written contract represents their final mutual
understanding and replaces any prior communications or representations between the parties,
whether written or oral. This contract may only be modified in a writing agreed to, and executed by,
both parties.
12. County hereby agrees to grant perpetual R.O.W. easements to Utility for the
wastewater collection infrastructure contemplated by Exhibit A, as long as such easements are used
for wastewater collection infrastructure. The County agrees to provide the Utility access to existing
County Stock Island rights-of-way necessary for construction. The County also agrees to and hereby
does permit this project without any additional permitting requirements.
13. Because County will repave the following streets following project completion, after
installation of the pipes and other subterranean infrastructure under the streets and R.O.W. County
will only require that Utility or its contractors to backfill, compact and level street trenches for the
following streets.
STREET
Front
Cross Street
5th Street
5th Avenue
4th Avenue
3rd Avenue
Sunshine (B)
2nd Avenue
2nd Avenue
2nd Terrace
2nd Street
Peninsula Avenue
Peninsula Avenue
fROM
Utility
US 1
US 1
End (radio station)
5th Avenue
End past Sunshine
3rd Avenue
Sunshine (B)
3rd Street
3rd Avenue
3rd Avenue
End Peninsula Marine
Maloney Avenue
IQ
End
12th Avenue
12th Avenue
4th Avenue
Maloney Ave. (excluding Maloney intersection)
4th Avenue
2nd Avenue
3rd Street (excluding 3rd St. intersection)
Maloney Avenue
2nd Avenue
1st Avenue
Maloney Ave. (eXcluding Maloney intersection)
End by Hickory House
4
. 14. This contract is binding on the heirs, successors, and assigns of the parties and shall
bind such heirs, successors and assigns as if they were the original parties to this contract.
15. The Utility warrants and represents that:
A. Its existing facilities, and facilities to be constructed, are, and will be, in
compliance with all applicable environmental permits, laws, rules, and orders;
B. the contract is Utility's legal and binding obligation, enforceable against it in
accordance with Its terms;
C. Utility has taken all necessary corporate actions to approve, enter Into, become
bound by, and perform the Contract;
D. Utility holds all necessary permits, certificates, licenses, and authorizations
from the PSC and any environmental regulatory agency with jurisdiction over the Utility and the new
South Stock Island Infrastructure; and
E. Utility's current rates, Including Its capacity reservation fees, have been duly
approved by the PSC.
16. The Utility shall be deemed in default under this Contract In the event that, and as
soon as, any of the following occurs:
A. Utility fails to perform any obligation to the County under this Contract as and
when due;
B. Utility fails to reimburse or pay to the County, as and when due, any amount to
which the County is or becomes entitled under this Contract or otherwise;
C. Utility breaches any representation or warranty to the County in this Contract
or in any related agreement or instrument;
D. Utility falls to obtain any license, permit certificate, or order that It needs to
construct and operate, as planned, the expansion of Its system contemplated by this Contract, or
any such license, permit, certificate, or order is rescinded, revoked, suspended, or nullified, or is
modified in a materially adverse respect;
E. The Florida PSC declines or refuses to approve any rate, rate plan, or rate
change that Utility proposes, requests, or needs to construct and operate the Stock Island
Infrastructure or to operate profitably;
F. Utility becomes insolvent, or ceases to pay its debts and obligations as and
when due, or becomes the subject of a petition filed under the United States Bankruptcy Code; or
G. a receiver or similar custodian is appointed for Utility, its Stock Island facilities,
or any substantial part of Its business or properties.
17. In the event that Utility Is in default under this Contract and falls to remove or cure
such default within 30 business days after written notice thereof by the County, then the County
may take any or all of the following actions, in any combination and order, all In the County's sole
discretion and without limiting any other rights or remedies that the County may have under this
Contract or applicable law In the circumstances:
A. terminate this Contract and the County's performance, duties, and obligations
hereunder;
B. suspend or refuse to make any or all further payments to Utility that otherwise
might or would be or become due or payable to Utility under this Contract;
C. exercise Its rights under any performance, payment, or surety bond or similar
agreement or policy that Utility or the County may have;
D. assume responsibility for and control over completion of construction of the
Stock Island Infrastructure and facilities;
E. require Utility to furnish collateral satisfactory in form and amount to the
County;
F. file a complaint or initiate a proceeding with the Florida PSC;
G. initiate a suit for any and all available monetary damages and injunctive and
equitable relief and remedies in any court of competent jurisdiction; and
H. file a petition with any such court for appointment of a receiver for some or all
of Utility's facilities and properties, and recommend a person or entity to serve in such capacity.
5
18. This contract commences on the signature date of the last party to sign it.
19. All communication of the parties required by this contract shall be in Writing and
addressed to:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
KW Resort Utilities Corp.
6450 College Road
Key West, FL 33040
NESS WHEREOF, the parties hereto have set their hands and seals the day and year
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
ATTEST:
KW RESORT UTIUTIES CORP.
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COMPLETE SET OF EXHIBIT A PLANS ARE ON FILE IN THE CLERK'S OFFICE
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY. FLORIDA
AND
Recognizing that the work govcmed by thiS eontract rcqujra tho use ofvebidea, the Contractor.
prior to tho coftl~ of work. shall obtain Vehicle Liability 1Dsurance. ~ sIiall be
maintained tbrougbout the life oflbo contract aDd iDdudc,. as a mUUmum. Jiability covcrago for:
· Owned, Non-Owned, and Him1 Vebic:Jes
Tho minimum limits acceptable sbaU be:
$1,000,000 Combined SiD8le Limit (CSL)
If split limits arc pnMdcd, the minimum limits ac;c.eptable shaD be:
$ SOO.OOO per Person
$1.000,000 per Occurrence
$ 100,000 Propaty Damase
no Monroe County Board of County Commissioners dWJ be DlIIDed as AddiliouaJ Insured OD all
policies issued to satisfy the above requirements.
VL3
AdlAtDisantial\ InstNctiIlD
14709.)
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INSTALLAnON Il'LOATIR
lNS11RANCE REQITIREMENTs
)lOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
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The Contractor shall be reQUired to pc:ba.sc and Inaintaia throughout the lire oftbe ~ ad
until the project is ~cd by the OMlnly. InstaIJlIion InsuraacC po...Jdiua ~~ ~
machinery &ad equipman. govemed by 1Jiis CODIIacl. wbiIc beiDa transportal, imuUcp and tcstc:d.
& a minimum. toverase sbaU mcJudo:
~~ u~mms
Explosion CoIIaP1e
CiviJ Commotion VRtWRlism
Aircraft flood
W"aadstorm
Strikes
MUdous Mixbicf
I
Hiil
Ribts
VdDc1cs
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The policy limits sbaU be no less than the amount of the machinery or equipment ~ insuDed.
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The MoDtoC County Board of County CommissiollCl'$ shalf be named IS AdditionaJ Insured and .
Loa Payee AS their intCRIt may appear. 1
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'--
Admini$tr.llioo ltJcudi.oo
'4709.)
6S
2 t -d
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~n..leU-OHH"'a
eeg:ot 20 22 lnr
~ ElIidon
-
B1JILDERtS RISK
INSURANCE REQU1RBfENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
. AND
I .
The Comractor shaD be required to purchase and ~tain. throughout the life of the ~
and until rhe project is accepted by the County. BuiIdc:r's Risk Wwucc on an AD Risk O~LoSI
fonn. Coverago Ihall include:
Theft
Hail
F.xpJosioo
Riot
Civil Commotion
Vehides
Aircraft
Smoke
Yu-e
Collapse
Flood
The policy limits shaD be DO Jess than the amount ofthc finished project and ~ sludl be
provided on. compIdtd value basis. :
I
PrOperty located OD the construction prenlises,. which is intCDded to become I. permanent part of
the buildizlg. BhaU be included u property covered. ;
The poliey abaJl be cudorsed permitting the County to occupy the building prior to cornpl~on
wHbOUl dfceting the coverase. I
The Monroe County Board of County CoDIIIJisJioners sbalJ be named as Additional Insured and
t
Los3 Payee. .
BR1
.&"-"'i-'1nlioD ......
'4709.)
~3
td -d
ZtoEto-SB2 'SOE)
~n...eW-OHnaa
eeglOI 20 22 tnr
.N F4iIiee
'--~
WO~RS' CO_ENSAUON
IN~CE UQUJIlEMENTS
. lOR
CONTRAcr
BETWEEN
MONROE COUNTy, noRmA
AND
Prior to the COIlllDCl1Ccmcat of work sovemed by ttU c:oatraca. the COJltractor wu o~
Workers' CompcnsaUoo Imunncc with limits adIideat to I'CIpODd to lbe appfJCable atatb statutes.
!
In addition. ~ CoDtnctor shall obtain EmpIoycn' LiIbiIity Insurance with JimiU of not less than:
$1 000.000 ~ ,,,; by Accident
$1:000.000 BodilY ~: by ~ poticy 6InitJ
$1,000.000 Bodily Iajuly by ~ each cmpJoyce
Coverage sbaIJ be maintained throughout the entire term oftbe COJJtt3ct.
Covezagc shalJ be provided by a company or ~"in lUthorized to transact business in the
. . state of Florida. .
It.the Cotmc:tor hu beea ~ by the Rorida's ~ ofLabcM-. as an authorized seIf-
insaam-. the County shaD ~ aad honor the Coota-.b,(s status. The Coatnaor qay be
required to submit a Letter of Audtoriza1iOll issued by the Ilepanmcm of Labor and a Qer1ifiClllc
of lmunnce. providiag deIIils OR the ConbaaOl's ~ ~ Prosnuu. '
Iftho CollU'actor participates in . RIf-insurance fimd. a Certificate ofJ~e wiD be ~uRd.
In adcf'ltioa. the COntncior may be required to submit updated fiaancill stalcmcots from the fund
upon request wm the County. I
WeJ
~ioa~
'4109.]
II'
St"d
2trEtr-SS2 .SOE)
el...eu-onnaa
etrg:OI 20 22 tnr
19'J6 UiIima
--
GENERAL UABIUfY
INSURANCE REQ,lJIUMENTS
FOIl
CONTRACf
BETWEEN
MONROE COUNTY, FLORIDA
AND
i
I
I
. I
I
Prior to the conuuc:ncoment oCwvrk govemcd by this contract. the Coatraetor shaD obtain
General Liability Jnsunucc. Coverage sbaJI be IDIintaincd throughout the life oftbe ~ Il14
include. as a lI1inimu11l: ,
It Premises O~0D6 .i
. ProduCitS arid Completed Qpomioas
. BJanJa:t Contrac:tuaI LiIbiIity . ,
· PcrscmalIDiuIY UabiJity
. Expudcd t>e6aition ofPropCrty Damage
The miaimum limits acceptabJe sbaD be:
$1 ~OOO~OOO Q)mbined Single Limit (CSL)
1f split Jimits arc provided. the minimum limits accept3b1e sbaII be:
'-'
$ 500,000 per PenoIl
S 1,000.000 F Occurrence
S 100,000 Property Damage
i
An Oc:wm:nc:e Fonn poJic;y js prc:fcmcL If coverage ill provided OIl a Claims Made poijcy, its
provisiolls sbouJd iftc:Iudc ~ for claims filed. 011 or afta' tba effCldive dAte oftbis ~
In addition. the period for which Claims may be reported sIIouId extcDd fOr a minimum qftwe1ve
(1.2) mombs foDowing the aca:pcance aCworlc by the County. :
The Monroe CouDty Board ofCoumy Commisaionc:rs sbaJI be named as Additional wJrcd 01) .,1
policies issued to satisfY tho above n:quiranents. I
~ "
GL3
~tioa INtructiaD
.4709.3
55
!to"
2tretr-S62 (SOEl
l:'J..IIl:W-OHU_O
.E~JOl 20 22 Tnr
t:: YJ J/OIT D
1996 Edition
MONROE COUNTY, FLORIDA
mSURANCECHECKLffiT
FOR
VENDORSSUBMnnrrNGPROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS'LIABILITY
WCI
WC2
WC3
WCUSLH
WCJA
X
X
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
INSCKLST
Administration Instruction
#4709.3
4
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Damage
Products and Completed Operations
Personal Injury
.
.
Required Limits:
GLl
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
GL2
GL3
x
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
Underground, Explosion and Collapse (XCV)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
Administration Instruction
#4709.3
5
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehicles
Required Limits:
VLl
BR1 X
MVC
PRO 1
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
VL2
VL3
VL4
X
Administration Instruction
#4709.3
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
NUSCELLANEOUSCOVERAGES
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$ 500,000 per Occurrence/$l,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,OOO Agg.
$5,000,000 per Occurrence/$10,000,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
INSCKLST
Motor Truck
Cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
6
1996 Edition
MEDl Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF X Installation Maximum value of Equipment
-- Floater Installed
VLPl Hazardous $. 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of Property
HKLl Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIRl Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AEOl Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AE02 & Omissions $ 500,000 per Occurrence/$l ,000,000 Agg.
AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg.
EOl Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 & Omissions $ 500,000 per Occurrence/$l,OOO,OOO Agg.
E03 $ 1,000,000 per Occurrence/$3,000,000 Agg.
INSCKLST
Administration Instruction
#4709.3
7
1996 Edition
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _ Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
INSCKLST
Administration Instruction
#4709.3
8
IJ~08.D_ CERTIFICATE OF LIABILITY INSURANC~ci>~~~ E~ DATE IMMlDDlYY)
09/04/02
P~ODVCI:K rHIS CERTIFICATE IS ISSUED AS A MArTER OF INFORMATION
ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE
David Chapman Agency, InC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5700 W. Mt. Hope Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES aEL.OW.
Lansinq MI 499l7- INSURERS AFFORDING COVERAGE
Phone~517-321-4bOO Fa~~517-321-9443
.- .-. . ... - ...
INSURCD IN5URCR A; .,..~RJ;~TJRij: INSURANCE
... ..-
IN$I.IHFR Il; EMPLOYERS m:ruJU. CASUALTY
. ," . ~.. ---
E, T, MacKenzie of F1or~da Inc IN5UHI:I'< c: GREAT AMERICAN INSURANCE CO.
.--........ . ..
4301 32nd Str~p.t Wes~, Ste AS INSUReR 0:
Bradenton FL 34205 , .. ..-
, . INSUI'tCR E:
COVERAGES
niC POLICies OF INSUHANCF LL'lTro oaow H.t.VC DI:CN tSSU!;1) 10 YHI" 11'I.'lIIRFD NMtED AIlOVC rOR lHt POLICY I'l:RIOD 1N00CA~D. I'IOlWl)'HsrANOINC
ANY I'IF.QUtREMCNT, TtRM on CONDITION Ot' ANY CONTRl\CT OR omen DOCUMl:NT WITH Kt::SI'f;.~ I' '1'0 WHICH THIl\ ("~ TE M.\Y DE ISSUI:O OR
MAY PF.RTJ\JN, TI1I: INSURAr-ICC AH'OIiOt:O AYTHF. POLICICS OC:SCI'tIDI:D HI:A[]N IS SlJIlJl::Cl '10 ALl '(HI; TmMll. FXC'..LlJl\IONS AND CONDITIONS or: SUCH
POLICies. .-.GOKt:.c"YF, I.lMlTll !lHOWN MAY I-v.VC Dt:1:N IU:OUCt:.O tiV PAlO CI.A1MS.
INS~
LTR
'NPP. OF INSlJRANCI:
GI!NEML LIABILITY
A X I COMMI:RClAl Ot:Nl='~L LlAIlILlrv
rfl...... """ ~~J_ OCCU"I
G(~ AGGnt:GATt: LIMIT Af'I'L1l='5 "I:W: I
- POLlCYlx!~ .'-LOCI
. Al1TOMOBII,Ii llAlill,lTY
B . il ANY AUTO
: ALL OWN!'O AUTOS
SC~OUll:l) ,,"U I os
X HRtD AUlOS
X Nl)N.()WNCl) AUTOS
poueV NUMBER
5~-515a
08/15/02
oa/15/03
uMl'rs
rACllOCCURRCNCI: '1.'.900.000
FIREOAMAC':oF.IAnycw:G.nl $ 50,000
MtO ~ (My0lll petiOll) .~~,_Q..o..~
I'l'H$OrlAl II. ArN INJI,lHY $ 1 , 000 ! 000
GENEAAL AGGREG-'TE S 2 , o_o.~_, 000
1'l<<)l;JVC1'S.(;OM../Ij"A(jO I $ 2,000,000
09/01/02
08/15/03
COMIUNFO !:INGll' LIMIT
lEa_ill)
; $ 1,000,000
AOOII Y 1N.l1lRV
(F'...~l
s
DOOIL Y INJURY
(Pit( .xcidenl)
s
PROPERTY OAUAGF.
(Per <'CCOOOnt)
s
, GI\AAGE l.lA8I1.1TY
;. "1 ""IV AUTO
MITO ONLY. EA IICCIDENT S
tAACC : S
OTHER THAN
AUTO ONLY:
OC:OUCTI6Ll:
X Rcrt:NT1ON 510 000
WOftK~ COMPENSATION AND
I;.MPI,OVDlS' LIADI../lY
WC1381601
08/15/02
08/15/03
AGG $
$2,000,000
$2,000,000
5
$
S
; xi TOAYUUm; .. .,: FR:. _
"J. "/lCH M',CIOI'NY $ 500,000
F..t..~ASI;.F.AF.MPl.O\1; S 500, O~:~
FJ..Ol$FA!lF.-POLlCVlIMIT $ 500 000
EXCESS LIABILITY
C X] OCCUR . .j CLAIMS MAQ{:
GA.I02300a
09/30/02
: FilCH OCClIRRFNCF
09/15/03 AGGBr.:GAn:
A
I
OTHER
DESCRIPTION OF QPERATION$/1.0CATJONSlYEHClESIEXCLUSIOItS ADDED BY IiNOOHSGMI:ONT/SPGCIAL PROVISIONS
RE: STOCK ISLAND - SEWER EXPANSION / K. W. RESORT UTILI'l'IES, WEJ:LER
ENGINEERING AND MONROE COUNTY BOCC ARE ADDITIONAL INSUREDS WITH RESPECTS TO
GENEaAL AND AUTO LIABILI'rY ONLY .
CERTIFICATE HOLDER
y ADDfTIONAL INSU~D: I..aSURER LHlI:R: A
CANCELLATION
Monroe County Board of
County Commissioners
llOO S~monton St.
Key West FL 33040
KWRE SOa SHOULD ANY OF nu: ADOVG otscRIDtD POllClGS 01: CANCI:LLtD oEFORI: TIlE tXPIRA TIO
DATI: THI;~EOF, THE ISSUING INSURER WILl, F.NDF.AVO~ TO M.cul. ~ DAYS WNITUN
NOncE TO l11E CERTIFICATE HOLDER NAMED TO TIlE LEFT.DUT FAILURE TO DO 50 SHALL
IMPOSC NO ODUGATION OR LIADlLITY OF ANY KIND UPON THG INSURER, ITS AGI:NTS OR
R[PR~NTA~
AU' 'P.,lI.SIONYAnv.;
ACORO 250S (7197)
2-d
2vEv-SS2 rSOEJ
~l..l~Ial-ol~la[l
~S2:S0 20 01 das
SURETY RIDER
CHUBB
To be attached to and form a part of Bond No.
81887798
executed by
E.T. MacKenzie of Florida, Inc.
, Principal and by FEDERAL INSURANCE
COMPANY as Surety in favor of K.W. Resort Utilities
and effective as of
In consideration of the mutual agreements herein contained the Principal and Surety hereby
consent to: Monroe County B.O.C.C., 1100 Simington Street, Key West, Ft 33040
is added to this bond as a dual obligee.
The aggregate liability of the Surety hereunder to the Obligees or their assigns
is limited to the penal sum set forth in the bond, and the Surety, upon making
any payment hereunder, shall be subrogated to, and shall be entitled to an
assignment of, all rights of the payees, either against the Principal or against
any other party liable to the payee in connection with the loss which is the
subject of the payment.
Nothing herein contained shall vary, alter or extend any prpvision or condition of this bond except
as herein expressly stated.
Signed, sealed and dated this ;t l day of
14-~
, 2002
Accepted:
E.T. MacKenzie of Florida, Inc.
Principal
K.W. Resort Utilities
Obligee
~~'. - r ()...,
By:
fh.~
Title
r'
p~
Countersigned:
CECOMPANY
Surety
Title
Attorney-in-Fact
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
~ Chubb
'..~ Surety
Know Aft by These Presents, That FEDERAL mURANCE COMPANY, an Indiana corporatioc.. VlGIANT INSURANCE COMPANY. a New York
corporation, and PACFIC N>EMNITY COMPANY, a WISCOIlSIn corporation. do each hereby constiute and appoint David G. Chapman,
Robert G. Chapman and Cloyd W. Barnes of Lansing, Michigan------------------------____
each as their true and lawful Attorney-In-Fact to ~ LIlder such deSfgnallon In their names and to atrDC their corporate r*Is 10 and deIiYer for and
.on their behalf as surety thereon oroCherwlse, bonds and undertaIdngs and~writings obfigatofy In the nab.n thereof (dherthan baR bonds) given
or executed In the course or busIness..8nd arrt instrumefU. ~ or ~ the same. and c:onsef'is to the mocIficatIon or aIeratIort or 8lf'I
InstnmenI referred to In salclbonds or obligations. '
In WICness Whereof, said FEDERAL WSURANCE COMPANY, VIGI.ANT NSmANCE COMPANY, and PACFIc NlEMNTY COMPANY have .
each executed and attested these presents and atrlXed thelrcorporateaeals on this 20th day or Ot-f"nhPT, 1 qqq
. 1) I. . :/L.e----=h" .
~~PreskJeri .'
LY ~/ ~~-L-LJ
Sheryl B. Roberts. ~
STATE OF NEW JERSEY } ss.
County cl SornerMC
On tis 20 th day cl Oc to be r . I 999 . before me. . Notary Public cif New Jersey. p8ISOIla11y _ Sheryl B. Roberts.,
10 me IIncww1Io be AssIcIanl SecnlIary cl FEDERAl.. INSURANCE COIFNl'f. VIGI.ANT INSURANCE COIFNlf. lIIld PACFIC INDBHTY COIFN<<. ...
COlI"_ which -*d the ~ PowI!r cl NItorMf. IIlld Ihe aid Sheryl B. Roberts being by me duly sworn. did depose end all" Ihe Is Assistant
SecreCary cl FEDERAL INSURANCE COIFNrf, VIGI.ANT INSURANCE COIFNff, end PACFIC Na.MTY CC'MPNff IIllCI ~ ... corporatit ... thenIof.
thai... ... eIiled 10 the foregoing PilWer 01 NItorMf _ such COIpOI'lIIe ... end WlII'e lbenIIo 8IiIed by lIUIhorIt 01... ~ cl said CompanIes; IIllCI thai
Ihe signed aid ~ cl N1Drrw1t as AssIsbft SecnlIaIy cl aid ComplIIies by .. eulhocIy; IIlld thai... II ecquaInIed wIlh Frank E. Robertson. end Ilnows ....10
be v_ ~ cl said CompanIes: IIllCI ... ... signalunt cl F.. E. RAlberkoI.. subccribed 10 said ~ cl AIlomey Is In'" genuinIJ Ilandwriling cl F.. E.'
RdleItson. end _..... subscribed by eulhorly cl said ~ end In deponenI'.~.
NcIarIaI Seal
e
Eldract from the By-laws or FEDERAl INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
-AI powers or aUomey for and on behalf or the Company may and shall. be execuled In the name and on behalf or the Company. eIIher by the
ChaIrman or the President or a Vice PraIcfent or en AssIstant Vice Presideri, jointly will the Secretary or an AssIstn Secretary, LIlder their
respediYe desIgnalions. The slgnabn of such officers may be l!fViIYed. prHed or Iilhographed. The &Ignabn or each or the ~
officers: Chakman, PresIdlri, any Vice ~ 8lf'I AssIstant Vice ~tl, wrt Secretary, wrt AssIstlri SecreCary and the seal or the
Company may be affixed by facsIrnIIe 10 wrt power or aIIomey or to wrt certifICate relating thereto appoInIi19 AssIstan SeaetarIes or
Attorneys-In-Fact for pwpose$ rrit of elGllCt6lg and IItlestqJ bond$ end IIldertaki IgS end oCher wrIings obIigatcry In the naII.n thereof, 8nd .
ant such power or attorney<< ceftificate bearirlg such facsImIe sIgnahn or facsImIe seal shall be valid and tiklding upon the ~ and
wrt such power so execued and c:et1Ified bY such' facsimIe aignat&n and facsImI!e seal 6haI be!! valid and bIrlcIq upon the Company wIh
. respect to lIIil bond or undertaking b whIc:n lis attached.- " . .
I, Sheryl B. Roberts, AssIstn SecreIaly or FEDERAl INSURANCE COMPANY, VIGIlANT INSURANCE COMPANY, and PACIFIC INDEMNIlY
COMPANY (the ..~, do hereby ceftify that
(I) theforegoJng ellIract of the By-Laws of the CompanIes Is true and correct,
(i) the ~ lies are ddt ioensed and aUh:lrIzed to transact strety business In aI 50 or the UnIed stites or AmerIca ind the District of
Cclbnbla and are aUhorized by Ile U. S. Treasuy 0epal1mel1f; b1her, Federal and VclI<ri are icensed h Puerto Rico and Ile U. S. VigIn .
Islands, and Federal Is icensed In AmerIcan &imoa, Guim, and each ~the PnwInces or Canada eapt Prince Ed.Yard Island; and
(i) the foregoing Power or Attorney Is true, correct ancIln U force end effect.
Given ooder my hand and seals or said CompanIes at Warren, NJ IhIs
~_EK~ ~
....., PIbIo. _.of.... Jt/IMI1 .
~.J..III=~~t1.tOO!t . .NotaIyPubllc
. CERfiFIcATlON .
day or
~J~/ ~~
. sheryt B. Roberts. Assistart Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICllY OF nilS BOND OR
IFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
'(Ed. 1-99) CONSENT
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Con-
struction 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 to participate in conferences as provided in Sub-
paragraph 3.1.
3 If there is no Owner Default, the Surety's obligation un-
der this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described In Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be held
not later than fifteen days after receipt of such notice to
discuss methods of performing the Construction Con-
tract. 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 agree-
ment shall not waive the Owner's right, if any, subse-
quently to declare a Contractor Default; and
3.2 The Owner has declared a Contracto~ Default and
formally terminated the Contractor's right to complete the
contract. Such Contractor Default shall not be declared
eariier than twenty days after the Contractor and the
Surety have received notice as provided in Subparagraph
3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the terms
of the Construction Contract or to a contractor selected
to perform the Construction Contract in accordance with
the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction Con-
tract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated Proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Con-
tract, arrange for a contract to be prepared for execution
by the Owner and the 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 Con-
tract, and pay to the Owner the amount of damages as
described in Paragraph 6 in excess of the Balance of
the Contract Price incurred by the Owner resulting from
the Contractor's default; or
4.4 Waive its right to perform and cOlJlplete, arrange for
completion, or obtain a new contractor and with reason-
able 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 detelTlJined,
tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond fifteen days after receipt of an addi-
tional 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 Subpara-
graph 4.4, and the Owner refuses the payment tendered or
the Surety has denied liability, in whole or in part, without fur-
ther notice the Owner shall be entitled to enforce any remedy
available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety elects
to act under Subparagraph 4.1, 4.2, or 4.3 above, 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 Con-
tract. To the limit of the amount of this Bond, but subject to
commitment by the Owner of the Balance of the Contract Price
to mitigation of costs and damages on the Construction Con-
tract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for COrrection
of defective work and completion of the Construction Con-
tract;
6.2 Acldilionallegal, design professional and delay costs
resulting from the Contractor's Default, and resulting from
the actions or failure to act of the Surety under Paragraph
4; and
6.3 Uquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages
caused by delayed performance or non-perfonnance of
the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction 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, execu-
tors, administrators or successors.
8 The surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to related
subcontractors, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the loca-
tion in which the work or part of the work: is located and shall
be instituted within two years after 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
Printed in cooperation with the American Institute of Architects (AlA) by the Chubb Group of Insurance Companies. The language in this
document conforms exactly to the language used in AlA Document A312 December 1984 edition, Third Printing, March 1987 A312-1984 2
period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature
page.
11 When this Bond has been furnished to comply with a statu-
tory or other legal requirement in the location where the con-
struction was to be performed, any provision, in this Bond con-
flicting 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. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DERNITIONS
12. 1 Balance of the Contract Price: The total amount pay-
able by the Owner to the Contractor under the Con-
struction Contract after all proper adjustments have been
MODIRCATIONS TO THIS BOND ARE AS FOLLOWS:
made, including allowance to the Contractor of any
amounts received or to be received by the Owner in settle-
ment 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.
12.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
12.3 Contractor Default Failure of the Contractor, which
has neither been remedied nor waived, to perform or
otherwise to comply with the terms of the Construction
Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor
as required by the Construction Contract or to perform
and complete or comply with the other terms thereof.
(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)
Federal Insurance Company
Signature:
Name and litle:
Address:
Signature:
Name and litle:
Address:
Printed In cooperation with the American Institute of Architects (AlA) by the Chubb Group of Insurance Companies. The language in this
document conforms exactly to the language used in AlA Document A312 December 1984 edition. Third Printing, March 1987
A312-1984 3
~
CHUBB GROUP OF INSURANCE COMPANIES ..
CHUEIEI
15 Mountain View Road, P.O. Box 1615, Warren, New Jersey 07061-1615
Bond No. 81887798
AlA DOCUMENT A312
PAYMENT BONO
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
E.T. MacKenzie of Florida, Inc.
4301 32nd Street West , Ste A8
Bradenton, FL 34205
SURETY (Name and Principal Place of Business):
Federal Insurance Company
15 Mountain View Road
Warren, N.J. 07059
OWNER (Name and Address):
K.W. Resort Utilities
6450 Junior College Road
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: A~ 2.7 .. ~2..
Amount: $3,546,285.00
Description (Name and Location): Stock Island-Sewer Expansion
BOND
Date (Not earlier than Construction Contract Date):
Amount: $3,546,285.00
Modifications to this Bond:
o None
n See Page 6
CONTRACTORS AS PRINCIPAL
Company: (Corporate Seal)
E.T. MacKenzie of Florida, Inc.
SURETY
Company.
Fecferallnsuran
(Corporate Seal)
Signature: ~~. - r p~.
Name and Title: tr,t~ T M<<(..~t\"Z.t~ I r~sJ~
(Any additional signatures appear on page 6)
Signature:
Name and Title:
Robert G Chapman
Attorney-in-fact
Countersigned:
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
David Chapman Agency Inc. other party):
PO Box 20186
Lansing, MI 48901
517-321-4600
James
~~.
Agent
Printed in cooperation with the American Institute of Architects (AlA) by the Chubb Group of Insurance Companies. The language In this
document conforms exactly to the language used In AlA Document A312 December 1984 edition, Third Printing, March 1987
Fonn 15-02-0281 (Rev. 4-93)
A312-19844
'1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equip-
ment fumished for use in the perfonnance of the Construction
Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds hannless the Owner
from claims, demands, liens or suits by any person or
entity whose claim, demand, lien or suit is for the payment
for labor, materials or equipment furnished for use in the
perfonnance of the Construction Contract, provided the
Owner has promptly notified the C-ontractor and the
Surety (at the address described in Paragraph 12) of
any claims, demands, liens or suits and tendered defense
of such claims, demands, liens or suits to the Contractor
and the Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment, directly
or indirectly, for all sums due.
4 The Surety'shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating that
a claim is being made under this Bond and, with sub-
stantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have fumished written notice to the Contractor
and sent a copy, or notice thereof, to the Owner,
within 90 days after having last perfonned la-
bor or last fumished materials or equipment in-
cluded in the claim stating, with substantial ac-
curacy, the amount of the claim and the name
of the party to whom the materials were fur-
nished or supplied or for whom the labor was
doneorperfonned;and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of fumishing the above notice any com-
munication from the Contractor by which the
Contractor has indicated the claim will be paid
directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent
a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's expense
take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for chal-
lenging any amounts that are disputed.
6.2 Pay or arrange for payment of any uncflSpllted amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited for
any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the perfonnance of the
Construction Contract and to satisfy claims, if any, under C0n-
struction Perfonnance Bond. By the Contractor fumishing and
the Owner accepting this Bond, they agree that all funds earned
by the Contractor in the perfonnance of the Construction Con-
tract are dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's priority to
use the funds for the completion of the work.
,9 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
payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligations to make
payments to, give notices on behalf of, or otherwise have ob-
ligations to Claimants under this Bone!.
10 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant un-
der this Bond other than in a court of competent jurisdiction in
the location in which the work or part of the work is located or
after the expiration of one year from the date (1) on which the
Claimant gave the notice required by Sub-paragraph 4.1 or
Clause 4.2(iiij, or (2) on which the last labor or service was
perfonned by anyone or the last materials or equipment were
fumished by anyone under the Construction Contract, which-
ever of (1) or (2) first occurs. If the provisions of this Para-
graph 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 signature
page. Actual receipt of notice by Surety, the Owner or the
Contractor, however accomplished, shall be sufficient compli-
ance as of the date received at the address shown on the
signature page.
13 When this Bond has been fumished to comply with a statu-
tory or other legal requirement in the location where the con-
struction was to be perfonned, any provision in this Bond con-
flicting with said statutory or legal requirements shall. be
Printed in cooperation with the American Institute of Architects (AlA) by the Chubb Group of Insurance Companies. The language in this
document exmforms exactly to the language used In AlA Document A312 December 1984 edition, Third Printing, March 1987
A312-19845
deemed deleted herefrom and provisions confonning to such
statutory or other legal requirement shall be deemed incorpo-
rated herein. The intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall promptly
fumish a copy of this Bond or shall pennit a copy to be made.
15 DEFlNmONS
15.1 Claimant: An indMdual or entity having a direct
contract with the Contractor or with a subcontractor of the
Contractor to fumish labor, materials or equipment for use
In the perfonnance of the Contract. The intent of this Bond
shall be to Include without limitation In the tenns '8OOr,
materials or equlpment"that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equip-
ment used in the Construction Contract, architectural arid
engineering services required for pe/fonnance of the work
of the Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be as-
serted in the jUrisdiction where the labor, materials or
equipment were fumished.
15.2 Construction Contract: The agreement between the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor
as required by the Construction Contract or to perfonn
and complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
**This bond is hereby amended as follows: The provisions and limitations of
Section 713.23, Florida Statutes or Section 255.05, whichever is applicable,
are_incorporated in this bond by reference.
t2c<--
(Space is provided below for additionaf signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Federal Insurance Company
Signature:
Name and Title:
Address: .
Signature:
Name and Title:
Address:
Printed in cooperation with the American Institute of Architects (AlA) by the Chubb Group of Insurance Companies. The language in this
document confonns exactly to the language used in AlA Document A312 December 1984 edition, Third Printing, March 1987
A312-1984 6
, ~ Chubb
. ......~ Surety
POWER
OF
ATTORNEY
Federal Insurance Company
Vigilant Insurance Company
Pacific Indemnity Company
Attn.: Surety Department
15 Mountain View Road
Warren, NJ 07059
Know AD by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation. VIGILANT INSURANCE COMPANY, a New York
corporation, and PACIFIC INDEMNITY COMPANY, a WJSCOOSin corporation, do each hereby constitute and appoint David G. Chapman,
Robert G. Chapman and Cloyd W. Barnes of Lansing, Michigan----------------------------
each as their true and lawful Attorney-In-Fact to execute under such deSIgnation In their names and to affix their corporate ~ to and delver for and
,on their behalf as surety thereon or otherwise, bonds and undertakings and -other writings obrlgatory In the nature thereof (other than baD bonds) given
or elCI!CUted In the course of business. and arrJ InstnImeris amencing or altering the same. and consents to the mocflflCation or alteration of any
Ir1stnmeI'i referred to In said bonds or obligations. '
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGI.ANT N>URANCE COMPANY, and PACFIC INDEMNTY COMPANY have '
each executed and attested these presents and affixed their corporate seals on this 20 t h day of 0 (' to n h p r , 1 q q q
~~h
Fra E. R , , Presidlri ,..
U~I ~~-LLJ
ShefyI B. Roberts, ~nt ry
STATE OF NEW JERSEY } 5$.
CounIy d s-set
Onthls 20th dayd October. 1999 . befOAl me. a NoCaIy Public d New Jersey, personally came SheIyI B. Robects.
to me known to be AssIsIanl Secretary d FEDERAL INSURANCE CONPNl'f, VIGIlANT INSURANCE CONPNl'f. and PACFIC INDEMNITY CONPNl'f. the
companies which ellIICUIed the foregoing POWl!f ct NtonwIt, and the AId SheIyI B. Roberts being br me duly sworn. did depose and WI Ih:it Ihe Is A$sIstanl
Secretary d FEDERAL INSURANCE CONPNl'f. VIGILANT INSURANCE CONPNl'f, and PACIFIC INDEMNTY CONPIWY and knows the corponIII8 seals lhenIof,
thai the seals alI"lICIllCI to the foregoing PiiWer d Nk1mt1t ..., 5UCb c:orponIle seals and _ IhenIto alI"llllld br aulhorIy ct Ihe ~ or said Companies; 8nd thai
she IlgnecI said "-' or NtonwIt as AssIstaIi SecnICary d said CompanIes br .. aulhorIy; end thai she Is ac:quaInled willi Frank E. Robertson. end me- '*" to
be Va PresIdenI d said CompanIes: and thai the aignalure d Frank E. Robertson. subscribed to said ~ d AlIomey Is In the genuirw handwrilIng d Frank E..
Robertson. and _ thenllo aubsc:ribed br aulhorily or said e,.Laws and In cIeponenI's ~.
Notarial Seal
e
Extract from the By-laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
.AI powers of attorney for and on behalf of the Company may and shall, be elCl!CUed In the name and on behalf of the Company, either by the
ChaIrman or the President or a VICe PresIderi or an Assistant VICe PresIdent, jointly wIh the Secretary or an AssIstant Secretary, under their
respec:tiYe designations. The signature of such officers may be engraved, printed or lithographed. The slgnabn or each or the foIowIng
officers: Chairman, PresIdent, 8f'f/ VICe PresIdent, any AssIstant Vice ~ ent Secretary, ent AssIstri SecreCary and the seal or the
Company may be affixed by facslmle to any power or attorney or to 8nf certificate relating thereto appointing AssIstant Secretaries or
Altorneys-In-Fact for JUposeS only of execulqJ and attesting bonds and lIldeftaIdrvs and dher WlIIngs obligatory In the nat&n thereof, 'and'
any such power of attorney -or certificate bearing such facsimile sIgnabn or facslmIIe seal shaI be valid and tiInding upon the Compaoy and
any such power 80 executed and ceftified bY such' facsImIe sIgnahn and fac:sImIle seal shaI be va&d and binding upon the Company wiIh
respect to 81rf bond or lIldertakIng to which I is 1lltacIled.- ' ,. ' '
I, Sheryl B. Roberts, AssIstri Secretary or FEDERAl INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the '.CompanIes") do hereby certify that '
(l) the 'foregoing exIract of the By-Laws of the CompanIes is true and correct,
(ii) the COlIIpQlIIes 1ft 0.If licensed andlUhorized to transact stRty business In .. 50 d the UnIed states or America and the District or
CobnbIa and 1ft ld10rized by the U. S. Treasuy Depatil.lelli; fulher, Federal aOO \fVIart are licensed In Puet10 Rico and the U. S. VirgIn ,
Islands, and Federal Is licensed In American Samoa, Guam, and each dthe ProvInces d Canada ~ Prilce EcMard Island; and
(Iii) the foregoing Power or Attorney is true, correct and In fuB force and eftect.
Given under my hand and seals of said CompanIes at Warren. NJ this
_U~~ ~
NdBIY PubIo. .....Gf New JtiIMI1 ,
~~JiIlI:-~t7,toO!I ,NoCaIyPublic
'CERTi=icATION '
day of
~J~/ ~~
, Sheryl B. Roberts, Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CU\IM, VERIFY THE AUTHENTICITY OF nilS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com
1&.10.0225A (Ed, 1-00) CONSENT
.~
CHUBB GROUP OF INSURANCE COMPANIES
CHUBB
15 Mountain View Road, P.O. Box 1615, Warren, New Jersey 07061-1615
Bond NO. 81887798
AlA DOCUMENT A312
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
E.T. MacKenzie of Florida, Inc.
4301 32~d Street West, Ste A8
Bradenton, FI 34205
SURETY (Name and Principal Place of BuSiness):
Federal Insurance Company
15 Mountain View Road
Warren, N.J. 07059
OWNER (Name and Address):
K.W. Resort Utilities
6450 Junior College Road
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: A ~ 7-? , 2... ae> 2
Amount: $3,546,285.00
Description (Name and Location): Stock Island Sewer Expansion
BOND
Date (Not earlier than Construction Contract Date):
Amount: $3,546,285.00
Modifications to this Bond:
Xl None
o See Page 3
CONTRACTORS AS PRINCIPAL
Company: (Corporate Seal)
E.T. MacKenzie of Florida, Inc.
SURETY
Company:
Federallnsuran
Signature: ~ ~ . - r-- (> ~
Name and litle: t.f"J"'^-t,,,,, T. M AL/(r.,,7.;" P(,lc..~t
I
(Any additional signatures appear on page 3)
Signature:
Name and litle:
Countersigned:
AGENT or BROKER:
~avia Ghapman Agency
PO Box 20186
LanSing, MI 48901
517-321-4600
Flori
(FOR INFORMATION ONLY - Name, Address and Telephone) Agent
OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Inc.
Printed in cooperation with the American Institute of Architects (AlA) by the Chubb Group of Insurance Companies. The language in this
document conforms exactly to the language used in AlA Document A312 December 1984 edition, Third Printing, March 1987
Form 1~2-<l279 (Rev. 4-93)
A312-19841
._--~~_.~~---.-
Marine Resources
RESOLUTION NO. 595 2002
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS REQUESTING THAT THE KEY WEST
RESORT UTILITY (KWRU) CONVERT ITS WASTEWATER
TREATMENT PLANT TO MEET AWT STANDARDS (553 1),
THAT KWRU BE ALLOWED TO RECOVER
CONSTRUCTION AND OPERATIONIMAINTENANCE
COSTS ABOVE AND BEYOND FUNDS ADVANCED TO
KWRU ($600 PER EDU) FOR MAKING THE CONVERSION,
AND THAT KWRU OBTAIN PERMITS FOR THE
TREATMENT PLANT UPGRADE AS APPROPRIATE BY NO
LATER THAN THE JANUARY 1, 2007 DEADLINE
ESTABLISHED IN THE COUNTY'S CONTRACT WITH
KWRU.
WHEREAS, the County approved a contract with Key West Resort Utility
(KWRU) on July 31, 2002; and
WHEREAS, the contract establishes that the County may request that
KWRU upgrade its wastewater treatment plant to meet A WT standards (5 5 3 1),
and
WHEREAS, the contract provides that KWRU is allowed to recover costs
associated with the upgrade above and beyond the funds advanced to the Utility by
the County ($600 per EDU), namely additional conversion costs and higher plant
operation and maintenance costs; and
WHEREAS, the conversion to A WT will provide cesspits credits for use in
the lower Keys important to allowing the immediate use of all permit allocations,
now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA THAT:
Section 1. KWRU is requested to begin immediately to convert its wastewater
treatment plant to meet A WT standards (5 5 3 1).
KWRU 5531.121802
I1f27/02 1:34 PM
L~tIJ6JT 13
Marine Resources .
Section 2. KWRU should obtain permits for the treatment plant upgrade
immediately, if possible, in order to meets its construction deadline well in
advance of the January 1, 2007 deadline established in the County's contract
with KWRU.
Section 3. KWRU is allowed to recover costs of the conversion to A WT (both in
construction and operation and maintenance costs), above and beyond the $600
amount per EDU advanced to KWRU by the County for the conversion).
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held onthe 18th day
of December, A.D., 2002.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
yel';
yes
yes
y~~
ye~
BOARD OF COUNTY COMMISSIONERS
MONROE ~~e!~ORIDA
~)~ //'/. ~
BY:
MAYOR/CHAIR PERSON
'O~'.r.+ , DANNY 1. KOLHAGE, CLERK
~;~~~
EPUTY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~~ .,.,
c:. _
B . t....o r-
ATIO OFkcE 0
~""" :z:
n. r- , .,.,
o~. CO 0
~~8 ::0
-f n r- ." ::0
=<;-;::X: ::x rT1
." l> _ ('")
r- C) .. 0
?> fTJ <::> ::0
~ 0
KWRU 5531.121802
11(27/02 1 :34 PM