Loading...
Item C50BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 3/17/04 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of contract with H.I.P.P. Industries, Inc., (Hospitality Institutional Public Preservation) for the Noise Insulation Program for the Key West International Airport. ITEM BACKGROUND: This project is funded 90% by the Federal Aviation Administration, and 5% each by the Florida Department of Transportation and Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Award of bit to H.I.P.P. Industries, February 18, 2004. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval TOTAL COST: $1,337,244.00 COST TO AIRPORT: None COST TO PFC: $66,862.20 COST TO COUNTY: None REVENUE PRODUCING: No APPROVED BY: County Attorney X BUDGETEC: Yes SOURCE 0*: FUNDS: FAA, FDOT, PFC Revenue AMOUNT PER /YEAR: OMB/Purchasing X Risk Manao-ement X DIRECTOR OF AIRPORTS APPROVAL I V- Peter J. Horton DOCUMENTATION: Included DISPOSITION: /bev APB To Follow X Not Required AGENDA ITEM # ca) AGENDA ITEM WITH LATE DOCUMENTATION DIVISION: County Administrator DEPARTMENT: Airports SUBJECT: Approval of contract with H.I.P.P. Industries for the Noise Insulation Program for the Key West International Airport. DATE ITEM WILL BE AVAILABLE: Monday 3/8/04 AGENDA ITEM NUMBER: Unknown BEV/apb BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 3/17/04 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of contract with H.I.P.P. Industries, Inc., (Hospitality Institutional Public Preservation) for the Noise Insulation Program for the Key West International Airport. ITEM BACKGROUND: This project is funded 90% by the Federal Aviation Administration, and 5% each by the Florida Department of Transportation and Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Award of bit to H.I.P.P. Industries, February 18, 2004. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval TOTAL COST: $1,337,244.00 BUDGETED: Yes COST TO AIRPORT: None SOURCE OF FUNDS: FAA, FDOT, PFC Revenue COST TO PFC: $66,862.20 COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DIRECTOR OF AIRPORTS APPROVAL I +f- Peter J. Horton DOCUMENTATION: Included ✓ To Follow DISPOSITION: /bev APB Not Required AGENDA ITEM # (26- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: H.I.P.P. Industries Effective Date: Execution Expiration Date: 295 days from NTP Contract Purpose/Description: Noise Insulation Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department/Courier Stop) for BOCC meeting on: 3/17/04 Agenda Deadline: 3/2/04 CONTRACT COSTS Total Dollar Value of Contract: $1,337,244.00 Current Year Portion: - $1,070,000.00 Budgeted? Yes Account Codes: 404-63075-560630-GAKA72 Grant: Yes, FAA & FDOT County Match: PFC Revenue ADDITIONAL COSTS Estimated Ongoing Costs: N/A For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director Risk Management O.M.B./Purchasing 3/ ll()q County Attorney Comments: �Oprieu�a oOarl�. C� " — Rob Wolfe 3/el-v 3 /1 /ay 3 /a-/0 l , ' SECTION 00500 AGREEMENT MONIROE COUNTY -CONTRACTOR NOISE INSULATION CONTRACT Key West International Airport Noise Insulation Program This Monroe County -Contractor Noise Insulation Contract ("the Contract") is made and entered into by ,tnd between the undersigned contractor ("the Contractor"), and Monroe County ("ithe SponSar"). I�t�as�cr i e'`t s71Tur�c PLAN rrz�sJWan0l) CONTRACTOR � . -f .P • VV LJaJ 1 ' IJ46 PHONi(—q4)) 3(o5i ` snr7 ADDRESS t? 1 PT FAX # (611 D, 1663 •' wl�b CITYSTATEL ZIP CODE 3�23(o MAILING ADDRESS (if different than actual location) 1115144�- l. RECITALS: If 1. The Sponsor s the operator of Key West International Airport ("the Airport") and administers the Noise InSUlation Program. 2. The Sponsor and certain homeowners (hereinafter referred to as "the Homeowner") have previously ensred into the Monroe County -Homeowner Noise Insulation Contracts which described cerain obligations to be performed by the Sponsor and the Homeowner as part of - the Noise Ins station Program. The Monroe County -Homeowner Noise Insulation Contracts i. are attached hereto and made a part of this Agreement 3. The parties hereto desire to enter into this Contract for the modification of the Homeowner's Premises in accordance with the Monroe County -Homeowner Noise Insulation Contracts and the Noise Insulation Program. 4. The Contractor has been approved by the Sponsor for work in this program and has agreed to maintain all insurance and bond requirements for performance of the work contained herein. AGREEMENT URS Corporation 00500 - 1 W.J UUJ ' 1 MONROE COUNT%CONTRACTOR NOISE INSULATION CONTRACT 5. The Contractor has been selected to perform the Statement of Work (as described in the 1 Project ',Manual Volumes 1 & 2 and the Monroe County -Homeowner Noise Insulation Contracts) attached hereto. , 6. Nothing in this Gont-tact shall be construed to create any relationship between the Sponsor, its officers, representatives, employees, agents or consultants, and the Contractor, other than that: of independent contractors. F :E AGREEMENT: NOW, THEREFORE, for and in consideration of the Premises and mutual covenants set forth ' herein, and other hood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: s 1. The original of his contract with the required attachments and the plans and specifications shall remain on file at the offices of the Airport. The required attachments shall include at a minimum: Contraotor's Proposal (Bid) Public i;cn struction Bond Payme it Bond I Perforrianre Bond Contractor Affidavit i Power of Attorney Insurance Certificate(s) Project Manual, Volumes t & 2 Monraq! County -Homeowner Noise Insulation Contracts with all Exhibits and such other ;and further attachments as may be mutually agreed, all of which are r incorporated herein by reference as if copied verbatim. In the event of any conflict between the provisions of this contract and the provisions of any attachment(s), the more restrictive on the Contractor shall apply. 2. The Contractor agrees to commence and complete the project, furnish and pay for all r materials, supplies, tools, equipment, labor, and other services required to complete the Work, and do and perform all the Work required to complete the project, all in strict and complete comfiliance with the terms and conditions of this and the other contract documents for the Project. all of which are deemed a part hereof as fully and completely as if set out and copied verbatim herein. AGREEMENT URS Cofporation 00500.2 -....- MONROE COUNIT—CONTRACTOR NOISE INSULATION CONTRACT 3. The Contractor agrees to use all of those acceptable mechanical, electrical. Plumbing trades and/or other subcontractors set forth in his proposal and only them. in the construction of the Project unless a substitution or deletion is first approved by the Sponsor and to certify to the Sponsor when said subcontractors receive each period payment. 4. The Work to )e performed under this Contract shall commence within ten (10) calendar days after wrrten Notice -to -Proceed is issued by the Sponsor. The Work of the Contract, including punch list items, must be totally complete within two hundred ninety five (295) calendar days ('Itie "Completion Date") unless extended in writing by the Sponsor or the Sponsor's Re3re<;entative, due to circumstances beyond the reasonable control of the Contractor. Tt a specified time intervals shall be computed from the date stipulated in the Notice.•to-Proceel. Work on each individual Premises shall reach substantial completion within twelve (12`, working days of the commencement date for that individual Premises. The Sponsor 3rx1 the Contractor agree that the damages which would be incurred by the Sponsor in th a -:vent of delay of the Project would be substantial but are not capable of being precise y calculated as of the. execution of this Contract. The Sponsor and the Contractor thiirefore agree based upon their professional knowledge and experience with projects of thi 3 t,�rpe and their best estimates of the damage associated with delay of the Project: that the Contractor (and his surety) shall be liable for and shall forfeit One Hundred Twenty-five D )Mars ($125.00) from the Contract Sum for each particular property included in the Project as defined in the Monroe County -Contractor Noise Insulation Contract, for each working day (:iundays and Holidays excluded) after the twelve (12) day timeframe allocated to reach Substantial Completion for each particular property, and shall forfeit One Thousand Dollar:: ($1,00.00) from the Contract Sum for each calendar day (Sundays and Holidays included) afte • the Completion Date that any part of the Work upon any property remains incomplete, herein stipulated as fixed, agreed, as liquidated damages, and not as a penalty. All Work which does not conform to the requirements of this Contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Sponsor. Unacceptable Work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance cf the Work, shall be removed immediately and replaced in an acceptable manner. Work done ct,ntrary to the instructions of the Sponsor, Work done beyond the lines shown on the plans or as given, except as herein specified, Work done in an unacceptable manner or any extra Work done with authority, will be considered as unauthorized and will not be paid for unde. the provisions of this Contract. Work so done may be ordered removed or replaced at th-3 Contractor's expense. Upon -failure on the part of the Contractor to comply forthwith with any order of the Sponsor made under She provision of this subsection, the Sponsor will have the authority to cause unacceptable Work to be remedied or removed and replaced and unauthorized Work to be removed and to deduct the costs incurred from any monies due or to become due the Contractor. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract 'DcM;uments, and fails to take corrective action within a seven-day period after AGREEMENT UAS Corporation 00500 - 3 -_ _. . — . _ _ a . ._ .. _. ..... I. 11. I . . . ..... I...- . I - I U , ll V V 1 C MONROE COUNT", `-CONTRACTOR NOISE INSULATION CONTRACT written notice frog,, i the Sponsor, the Sponsor may, after such seven-day period, give the Contractor a secwA written notice to correct the deficiencies. If within a three-day period, no action is taken io correct the deficiencies, the Sponsor may complete the Work and issue a Change Order c educting the value of the Work. 5. By execution of this Contract, Contractor represents that it has visited the Premises and familiarized itself whh all conditions under which the Work is to be performed. Contractor has further sat isfied itself that the Statement of Work fully indicates the extent and requirements of all Work to be performed hereunder. If, after comm 3nc lament of the Work, Contractor discovers that modifications to the Statement of Work are required as a result of conditions at the premises that were not reasonably discoverable prior to commencement of the Work, Contractor shall immediately initiate the charge order procedure described in paragraph 16, below. 6. Contrac:or sha I is a solely responsible for all construction means, methods, techniques, sequences, and procedures, and for performing, scheduling and coordinating all portions of the Work in a proper manner and in strict compliance with all applicable codes, rules, regulations and laws. 7. Contractor war; ants to Sponsor that all materials and equipment incorporated in the Work will be new unlas.,; otherwise specified, and that all Work will be of good quality, free from faults.and defects, and in strict conformity with the Statement of Work. All work not so conforming to 1 hese standards may be considered defective, and may be rejected. Any defective or u iatithorized work or materials shall be immediately remedied, removed, replaced or disposed ed of at Contractor's expense. 8. To ensure com:)Iiance with the Statement of Work, the Homeowner has agreed that all Work done and matodal:s fumished shall be subject to inspection by a Sponsor representative. Work done or materials used without this inspection may be ordered removed and replaced at the Contract )r's expense. 9. The Contractor shall be responsible for the acts and omissions of all its agents and employees and all its subcontractors, suppliers, their agents and employees, and all other person:; pedonning any of the Work for the Contractor. 10. The Contractor shall be responsible for safety precautions and programs in conjunction with the Work. It stall comply with all applicable codes, rules, regulations, laws, and orders of any public autt ority having jurisdiction over the safety of persons or property. 11. (a) The Sporsor agrees to pay the Contractor for said Work the total sum of ($ __ ) dollars and pursuant to the terms and conditions of this and the other Contract Documents. Incremental payments shall be made for the Work on each property incluc ed as the percentage of completion of the Work on each such property is judged satisfactodY completed with the project milestones and in accordance with this and the other Cont *act Documents. This procedure, which is incorporated in the Monroe County - Homeowner N:)ise Insulation Contracts, is as follows: AGREEMENT URS Corporation 00500 - 4 aD _-- -- .... v., .�.. ... -.v.. ... .. ..... ....... ay.. -. pV. l.V. U. lioul'k'J C. UU0 MONROE I:OUNTY-tCONTRACTOR NOISE INSULATION CONTRACT (1) When tho Contractor determines that the Work is completed, the Contractor will request thid the Architect make an inspection of the Work. The homeowners have consented to :such inspection. If the Architect determines that the Work is in compliance with the Statement of Work, and the Homeowner accepts the Work and signs the Certificate )f Final Inspection, the Sponsor will issue payment of the Contract Sum plus Sponsor-alipmved Allowance Changes and Change Orders less retainage. (2) If the Sponsor or the Architect determines that the Work is not in compliance with the Staterren't of Work, the Architect shall so notify the Contractor, and shall provide a list of item:; which are requested to be completed by the Contractor in order for the work to be acce;)t&d. (3) Upon ,ofripletion of the items required under paragraph (2) above, the Homeowner shell sign the Certificate of Final Inspection to signify they accept the Work. The Sponsor iesarves the right to make final determination of acceptability of the Contractor s Work. If the Sponsor determines Contractor has put forth a reasonable and normally eXpe cted effort to correct the list of discrepancies, and the Architect certifies the Work to bai acceptable and complete, the Sponsor will issue payment in the. amount of the Contract Sum, less previous payments, plus the Sponsor -approved Allowance Changes end Change Orders less retainage. (4) No fir at payment shall be made to the Contractor pursuant to paragraph 11, until: (1) A Cecificaate of Final Inspection has been signed by the Homeowner, or in the absence cif the Homeowner, signed by the Sponsor's Representative; (2) Contractor provides F: Final Contractor's Affidavit and Final Release of Liens; and (3) Proof of cancellatic n of the "Notice of Contract" by the Clerk is obtained by the Contractor and submitted to the Sponsor. 12. The ContracOr shall at all times keep the work site free from accumulation of waste materials or nibbiash caused by its operations, and it shall clean any glass surfaces and shall leave the woti. site "broom clean" upon completiorrof the Work. 13. The Contractor shall comply with and, in all its subcontractor agreements, require that each such subcontractor will comply with and be bound by this Contract. 14. It is the intent of the Homeowner to occupy the Premises throughout the construction period. The Contractor shall conduct its business in such a way as to create as little impact as possible to Homeowner. ` 15. In addition to the Contractor's obligations to correct all deficient work appearing during the course of peiforrning this Contract, the Contractor shall remedy all defects due to faulty ' materials, equipment, or workmanship which appear within a period of one (1) year from the date of completion of the Work under this Agreement, or within such longer period of time as may be pre: cribed by law. Further, the Contractor agrees to assign directly to the Homeowner any warranties or guaranties furnished or supplied by manufacturers of materals or equipment installed in the Premises. AGREEMENT URS Corporation 00500 - 5 MONROE C12UNTY-CONTRACTOR NOISE INSULATION CONTRACT 16. (a) If the Contractor determines that the Work must be modified from the Statement of Work, the Contractor sltail promptly notify the Architect in writing. The Contractor shall not proceed until directed by the Sponsor and the Architect. (b) The Contractor .and the Sponsor agree that the following procedures will be followed: (1) Tie Sponsor may delete any Work set forth in the Statement of Work by a Contract Change Circler, Construction Change Directive, or Construction Feld Directive, signed bI the, Sponsor and delivered to the Contractor. The Sponsor may delete any Work sei. forth in the Statement of Work if such Work requires additional work to be performed, the cost of which is excessive as determined by the Sponsor, or if the Contract.ir encounters asbestos or other situations which may pose a health concern. Tree Homeowner will be notified of any changes in writing. (2) The Contractor acknowledges and agrees that any additional work as a result of conditions at the premises that were not reasonably discoverable prior to commercernent of the Work may not be approved by the Sponsor and may be the responsibility of the Homeowner. In such event, the Homeowner may be required to remedy such conditions prior to the completion of the Contract, or the Sponsor will tarminata the Homeowner's participation in the Noise Insulation Program. The Homeowner may re-enter the Noise Insulation Program after correction of any such conditions :so long as the Program is ongoing. If the Homeowner's participation in the Noise Insulation Program is terminated by the Sponsor on this basis, the Sponsor shall pz.y the Contractor that portion of the Contract Sum earned prior to the Homeowner's termination. 17. (a) To the maximurn extent permitted by law, the Contractor shall protect, defend, indemnify and hold the Hxneowner, the Consultant (including but not limited to the Architect), and the Sponsor, and their officers and employees completely harmless from and against any and all liabilities, demands suits, claims, losses, fines or judgments arising by reason of the injury or death of afiy person or damage to any property, including ail reasonable costs for investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), cf any nature whatsoever arising out of or incident to this Contract or the Contractor's performance under this Contract or the acts or omissions of the Contractor's officers., employees, agents, contractors, subcontractors, licensees or invitees regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the sole negligence of the Sponsor or the Homeowner and regardless of whether or not the Couractor is or can be named a party in any litigation. The Sponsor or the Consultant sh<<II give the Contractor reasonable notice of any such claims or actions. The provisions of this section shall survive the expiration or earlier termination of this Contract. (b) The indemidication obligation of subparagraph 17.(a) above shall not be limited in any way by compensation benefits payable by or for the Contractor, under applicable workers, or workman's compensation benefit or disability laws. The Contractor expressly waives any immunity the Contractor might have had under such laws, and, by agreeing to enter into this Contract, acknowledges that the foregoing waiver has been mutually negotiated by the parties. AGREEMENT UAS Corporaf ion 00500.6 . _. .. ,, .. �... ..... ••v .,u. u. svvi c MONROE COUNTr-CONTRACTOR NOISE INSULATION CONTRACT 18. The Contractor shall pay all attomeys' fees and expenses incurred by the Homeowner or the Sponsor in esti.blishing and enforcing the Homeowner's and/or the Sponsor's rights under this. Contract, w.ielher or not suit is instituted. 19. The Contractor agrees to maintain comprehensive public liability and comprehensive property damac a insurance, on an occurrence basis, amounts of not less than the following: BODILY INJURY & PROPERTY DAMAGE $1,000,000 Combined Single Limit WORKMAN'S COMPENSATION EM12LOYEIIS LIABILITY Statutory $ 500,000 Each Accident $ 500,000 Policy Limit $ 500,000 Each Employee PRODUCTS LIABILITY & COMPLETED OPERATIONS $ 1,000,000 Each Accident FIRE & ExrENDED COVERAGE An amount equal to 100% of the value of the improvements (facility). Fleet insurance, or such other types of coverage, may be acceptable; however, the minimum shall be $1,000,000 combined single limit. The following shall be named as additional insured under all policies of insurance (except Workman's Cc mpensation): 1. Monrce County 2. The Homeowner The Contractcr agrees that all insurance policies shall contain a severability of interest or cross -liability frovision endorsement which shall read generally as follows: In the event of one of the assured incurring liability to any other of the assured, this policy shail cover the assured against whom claim is or may be made in the same manner as if separate policies had been issued to each assured. Nothing containei herein shall operate to increase the limits of liability. The Contractcr agrees that all insurance policies shall provide that they will not be altered or canceled with gut thirty (30) days advance written notice to the Sponsor. Such insurance must provide that it will be considered primary insurance as respects any other valid and collectible insurance, or self -insured retention, or deductible the Sponsor may possess. Any other insurance or self -insured retention of the Sponsor shall be considered excess insurance only. AGREEMENT URS Corporation 00500 - 7 •'11<L I.1.1 .i\/•/L\I\vi. .\\.I \.\i\\\i\\,la \\.\ —r momROE COUNTn'-CONTRACTOR NOISE INSULATION CONTRACT The Sponsor sh all have the right to change the insurance coverage and the insurance limits required of they Contractor, without any cost to the Sponsor, if such changes are � recommended cr imposed by the Sponsor's insurers. The Contractor ::hull obtain all insurance required from an insurance company or companies licensed to do b isi!ness in the State of Florida. The insurance company must be acceptable to the Sponsor, Approval may be denied a company based in its Best rating or other I indication of financial inadequacy. The Contractor shall provide to the Sponsor such evidence of compliance with the Sponsors insurance requirements as the Sponsor may- from time to time request. At a j minimum, the C )ntractor shall provide, at the commencement of the Contract a Certificate of Insurance. All such certificates shalt be completed to show compliance with the Contractor's , obligations hereunder, specifically as to the indemnification and notice provisions. The Sponsor may also require copies of the declaration page, insurance policy, and endorsements tltersto. .i If the Contractor or its insurance company fails to promptly respond to the Sponsor's request i for adequate evidence of compliance with the insurance provisions, the Sponsor may, in addition to all is ether remedies, charge the Contractor an amount equal to ten percent (10%) of the coinp+ensation required hereunder until such evidence is provided. i If the Contractcr shall at any time fail to insure or keep insured as aforesaid, the Sponsor may do all things necessary to effect or maintain such insurance and all monies expended by it for that piupose shall be repayable by the Contractor in the month the premium or premiums are paid by the Sponsor. If any insurance policies required hereunder cannot be obtained for arty reason, the Sponsor may require the Contractor to cease any and all operations until coverage is obtained. If such insurance coverage is not obtained within a reasonable period of time, to be determined solely by the Sponsor, the Sponsor may terminate this C onlract. 20. If the Contractc r defaults or neglects to carry out the Work in accordance with the Contract Documents or I ails to perform any provision of the Contract, the Sponsor may, after seven (7) days' writteii notice to the Contractor and the Homeowner, and without prejudice to any other remedy 11 may have, make good such deficiencies and may terminate the Contract and take possession of the site and of all materials and may finish the work by whatever ? method it may deem expedient. 21. If, in the! Homeowner's opinion, the Work is unsatisfactory or the Contractor is damaging the Premises durirg the course of the Work, the Homeowner should immediately notify the Architect and the Sponsoes Representative. If the situation is reasonable and cannot be resolved to the Homeowner's satisfaction, the Homeowner may, upon written notice to the Sponsor, seek-orrective•action or withdraw from the program. 22. The Contractor[ shall at all times comply with all federal, state, and local laws, ordinances and regulations which apply to the Work to be performed under this Contract. Such compliance shill include, but is not limited to, the payment of all applicable taxes, royalties, license fees, panalties, and duties. NOTICE: All Home Improvement Contractors must be AGREEMENT URS Corporation 00500 - 8 ••,•, ••+. •� i i cc VAA JUJru,Vul ...., ., ..,u v.�n. iv.. !,v. k.v. U. +IUUI'ti �JU11. MONROE COUNTY -(CONTRACTOR NOISE INSULATION CONTRACT licensed by the State of Florida. Any inquiries about a Contractor should be transmitted to the State Offices of the Contractor's Licensing Board. 23. This Contract shall be construed in accordance with and be governed by the laws of Florida. Venue for anti lifigation arising under this contract must be in a court of competent jurisdiction in Klonrce County, Florida. 24. The Contractoi assures that, to the extent applicable, it will undertake an affirmative action program as required by 14 Code of Federal Regulations Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, handicap or sex be excluded from pad^licipating in or receiving the services or benefits df any program or activity covered by sad subpart. The Contractor assures that it will require that its covered sub - organizations prairide assurances to the Contractor that they similarly will undertake affirmative ac:ion programs and that they will require assurances from their sub - organizations, as required by 14 Code Federal Regulations Part 152, Subpart E, to the same effect. Further, the Contractor shall comply with the regulations relative to the nondiscrimination in Federally-assit ted programs of the Department of Transportation (hereinafter DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter re`erred to as the "Regulations"), which are herein incorporated by reference and made a part of this Contract. (a) The Contractor, with regard to the Work Performed by it during the term of this Contract, shall not discriminate on the ground of age, sex, race, creed, color, handicap, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. (b) In all solicitations either by competitive bidding or negotiation by the Contractor for Work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obiiigations under this Contract and the Regulations relative to nondiscrimination on the grounds of age, sex, race, creed, color, handicap, or national origin. (c) The! Contrector shall provide all information and reports required by the Regulations or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, crdeis and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to fumish this information, the Contractor sh 3tl .so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and ,shall set forth what efforts it has made to obtain the information. (d) In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, i he Sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including but not limited to: AGREEMENT URS Corporation 00500 - 9 •' - . 1. ­ I .1 • J V J .. V L •e v L. 1.11 \i V l\ l \/ I \.1 1. V .. !1 V. 1. V. 1) . MONROE COUNT.' -CONTRACTOR NOISE INSULATION CONTRACT (1) Withhofiing of payments to the Contractor under this Contract until the Contractor oomplie s aridtor (ii) 0ancell ation, termination, or suspension of this Contract, in whole or in part. (e) In the carrying out of the Contract Work, the Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, handicap, or national origin. The Contractor shall take affirmative action to ensure that applicants are I employed, and 7hat employees are treated during employment, without regard to their race, creed, color, sex, age handicap, or national origin. Such action shall include, but not be limited to the fcllorving: employment, upgrading, demotion, or transfer, recruitment or other 1 forms of compelsal:ion; and selection for training, including apprenticeship. The Contractor agrees to , post in conspicuous places, available to employees and applicants for employment, moticas to be provided by the government setting forth the provisions of this nondiscrimination clause. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants shall i receive considora ion for employment without regard to race, creed, color, sex, age, i handicap or national origin. The Contractor shall incorporate foregoing requirements of this paragraph in all subcontracts for services covered by this Contract. (f) The Contras! or shall include the provisions of this Section in every subcontract, including procurement of materials and leases of equipment, unless exempted by the regulations or directives issued pursuant thereto. The Contractor shall take such action, with respect to any subcontrac or procurement, as the Sponsor or the Federal Aviation Administration may direct as a mea is of enforcing such provisions including sanctions noncompliance. 25. It is the policy of the Department of Transportation and the Sponsor that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to j participate in tt a performance of contracts financed in whole or in part with Federal funds under this Conlrac:t. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Contract. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontra+Ks financed in whole or in part with Federal funds provided under this contract._ In ' his regard, Contract shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractor shall not discriminate on the basis of race, color, national origin or sex, in the award of DOT assisted contracts. For the purposes of this Contract, the Contractor shall in the review of proposals for Workk to be 3erformed seek to meet the Sponsor's goal of a minimum of 15% of the work ; to be awarded :o qualified DBE firms on the Noise Insulation Program. The calculator of percentage of Disadvantaged Business Enterprise participation shall be as a percentac a of the total dollar amount of all contracts awarded to complete the Noise Insulation Program. 26. Conflicts of Irterest: Neither the contracting party (parties), or its employees nor any member of the r family or organization, shall have any direct or indirect interest, financial or othe,wise, in tie business of any individual, entity or corporation involved in this project, AGREEMENT URS Corporation 00500 - 10 .. . . —., • .a.. uv u—l... ,. ..., �..... ....... ..... r " Lv. U. .IVVI C yJr. V 1J MONROE COUNTY-I:ONTRACTOR NOISE INSULATION CONTRACT directly or indi redly involving the Airport. The undersigned warrants that they (or it) presently have no interest which would conflict in any manner with nay of the contractual responsibilities under this Agreement. The contracting party (parties) certifies that they (or it) haves not employed or retained any company, firm or person, other than bona fide employees wcrldng solely for them to provide the necessary labor, management and material to per orin the work under this Contract; that no payment has been paid or agreed to be paid to airy company, firm or person other than bona fide employees working solely for the undersigned find no fee, commission, percentage, gifts or any other consideration is to be paid contirgent upon or resulting from the award or making of the Agreement. For breach or violEtion of this warranty, the Airport shall have the right to annul this Agreement without liability 27. The Sponsor rial► terminate the Homeowner's participation in the Noise Insulation Program upon delivery :)f written notice to the Homeowner d (a) the Homeowner fails or refuses to correct conditions at the premises pursuant to paragraph 16b(2) above; (b) the Homeowner fails to abide W any of the terns or conditions of the Monroe County -Homeowner Noise Insulation Co trzw ; . or (c) the Homeowner is unreasonable, uncooperative or fails to exercise good faith in the performance of the Monroe County -Homeowner Noise Insulation Contract. If tho Sponsor terminates a Homeowner, they will pay the Contractor that portion of the contract sum for the individual Homeowner earned prior to termination. 28. The Contractor makes oath he has complied with all the provisions of the applicable Contractor's Lceinsing Act of the State of Florida. AGREEMENT UAS Corporation 00500 - 11 MONROE COUN'rY.=KTRACTOR NOIRE& RMLATION CONTRACT IN WITNESS WHEF:EOF, the pNIN hereon have encuted ftl16 Agreement on the la"date set torch below. CONTRACTOR: Florida State Cemmmm's License e Expiration Date BY TItIe: Oats: - STATE OF: COUNTY OF: On ihta day of in Ow year --, Who is pwwwWAy krav» to me, or who produced aatistadory ldant COGn, affcad higftr 00"Wre in VW space provided abor'o. SIGNATURE OF NOTARY PUBLIC MONROE COUNTY: BY — MONROE COUNTY ATTGnigE'v P D ORM: ILI ROWAT N. WOLFE oauigT--'ram-TN , ATTORNEY n Nerve: 7..I"Rt TNb: 919 Dun. AMEEUEWr UAS Corporawn 00500.12 SECTION 00458 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES 1 • This sworn statement is submitted to Monroe County Board of County Commissioners by �JV �f.-1, R 9ZQ4Q F—q Ste. 57'� And (if applicable) Its Federal Employer Identification Number (FEIN) is G 5404 -141 L � 2 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 0/A 2. I understand that a 'public entity crime' as defined in Paragraph 287.133 1 violation of any state or federal law by a person with respect y related t, Florida Statutes, means s with an pest to and direct) related to the transaction of business y public entity or with an agency or political subdivision of any other state or of the United States, Including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that 'convicted" or 'conviction* as defined in Paragraph 287.133 (1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guild, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 4. 1 understand that an 'affiliate' as defined in Paragraph 287.133 (1)(a), Florid_ a Statuto, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest In another person or a pooling of equipment or Income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The tern -persons' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are alive in management of an entity. . PUBLIC ENTITY CRIMES URS Corporation 00458 -1 6 Based on information and belief, the statement .which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _je� Neither the entity submitting this swum statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged and convicted of a public entity crime subsequent to July 1, 1989. /JJ* The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of /e,entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989L. The entity submitting this swom statement, or one or more of its officers, directors, executives partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public Interest to place the entity submitting this swom statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO IN RM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OL M LINT PROVIDED IN SECTION 287.017, F'LO UDA STATUTES FOR CATEGORY OF ANY CHI I HE F94ATION CONTAINED IN THIS FORM. be same signature as on Bid F r (Date) STATE OF: COUNTY OF: On this day of the ear f r—/ RwL'Owle who is rsonally kn to me, o o produced satisfactory identification, affixed his/her signature in th ace provided abov . DONNA P. AMATO SI AT E OF NOTARY PUBL C •± Notary Public - State of Florida] My Commsscn Expire@ Apr20, Zoos � Commission • 00021204 END OF SWORN STATEMENT ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES i URS Corporation 00458 - 2 SECTION 00452 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that �SPt?��r�N�T�Io►kl, �U.13l,UG �I6� (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, Possession, a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. p on, or use of 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance r may be impose upon employees for drug abuse violations. programs, and the penalties that 3• Give each employee engaged In providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). _ 4. In the statement specified in subsection (1), notifythe employees or contractual services that are under bid, the employee p yees that, as a condition of working on the commodities employer of any conviction of, or plea of guilt or no o �ntenderewill ito, any Violation f Chapter 893 (Florida the terms of the statement and will Statutes) ' of any state, for a violation occurring In the workplace no later that five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory • such Is available in the employee's community, any emdpa ee who is snvirug c assistance or rehabilitation program It 6. Make a good o con ma' in a rug- wo 6e through implementation of this section. As the on authorized to sign the to n at complies fully with the above I � requirements. Sign by; - (Must be same signature as on 8 (Date) STATE OF; COUNTY OF. - On this _day o / j J ° Isper—sonall kno� In the yearc244 ax h i e 1 � C3 c 2 Q (� provided a ove. to me. who produced satisfactory identification, affixed h7sw/hner the space DONNANotary PublicSI NATURE OF NOTARY PUBLIC MyC°'"r"is�°n'Commissio END OF DRUG -FREE WORKPLACE FORM DRUG -FREE WORKPLACE FORM URS Corporation 00452-1 i• SECTION 00451 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA c r t"L:S CLAUSE ��PITA�ta.TLl �,S?'t7Lt-J7,�tJ4.(, p1i1.8(.1G pa-�S�v�-r�o�� . a (Name of Business) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation Of Section 3 of Ordinance No. 010-1990. For breach violation of this provision the County may, in its discretion, terminate this contract without liabilor ity and may also, irl its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, mission officer or employ , percentag7tft, or consideration paid to the former County iigne by` _ (Must be same signature as on id Form)/ (Date) % v STATE OF: COUNTY OF: "thee_a . In the year provided above. me, who Produced sa� ARY PUBLIC vw e Po eaA r L ai�AtaYtSrs! lure in the space [)01lNA P. AMATO I Notary P0114 - aplta of FlorW4 rrrycoM01 Fxp10apr�p,� COMMI1 las ti pQQR1A04 END OF LOBBYING AND CONFUCT OF INTEREST CLAUSE LOBBYING AND CONFLICT OF INTEREST CLAUSE URS Corporation 00451 -1 SECTION 00450 NON -COLLUSION AFFIDAVIT E AA according to law on my oath and under penalty of perjury, depose and say that. 1. lam C. 0. of the firm of Q U, �� �iT�'t r l7LI,Tib►J�Q PU.�3U the idder making the Proposal for the ro `l P gf'� C. p le�descnbed in the notice for calling for bids or. K_West International Airport Noise Insulation Program Phase 2 and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such _prices ,with any other bidder or with any competitor, 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpos, f ncting competition; 5. Lstatements con �n this affi avit are and correct, and made with full knowledge that Monroe County th of the stat t1 cant ' ed in this affidavit in awarding contracts for said project Signed _ (Must be same signature as,6 id Form) / ` (Date) v STATE OF: COUNTY OF: On this day of in the year, prov ed ave. �Q Vl 1 e. 1 who is ers pall kno to me, who produced satlsfa bo SIGNATURE OF NOTARY PUBLIC Irp in the space _NeINIII DONNA P. AMATO _• •'e NotaryPublic- Sfata of Florida �ti•1;3;1^. - MyCWrr1b11ME,0nWApr29,2W8 Commliilon 0 00021204 END OF NON -COLLUSION AFFIDAVIT NON -COLLUSION AFFIDAVIT URS Corporation 00450 - 1 a. .. .• .av •.-1— .-aw ..v.0 tea...• ay.. — C. UUL 03/05/2004V 14:0G 94:.-639050 HIPP IND PAGE e4 92/05/2BO4 17: e5 9 113639B50 HIPP IND PAGE K Bond Number: 100MOM SECTION 00514 PUBLIC CONSTRUCTION BOND BY THIS SOND, 'Ne , Industries, 1/Ho pitality 7rttiLULh!al Public; as Pnnrlpal seza s,� and Ca itol IcdWrdiy aa, a corporation, as Surety, are bound to ttre Monroe County Board of County Commissioners, herein called Sponsor, in the sum Of $; 1,336, 244.U) for payment of which we bind ourselves, or heirs, personal reprew 7W#ivee, successors, and assigns, loirttly and severa/x. Twe CONE)MO'I Ole THIS BOND is that If Principal: 1. Perform.. ttie contract dated _ 2003, between Principal arnt Sponsor for construction of Key Want lntannatlonai Airport Nolse Inautation Program — Phase 2, the contract being made a part of this bond by referonce, at the timos and in tho manner )r sm'bed In to contract, and 2. PrompN5 rnakc= poynwnt to all claimants. as dedhed in Section 255.05(1), Florida Statutes, aupplyin ) Principal with labor, materials, or suppNes, used dlrecoy or Indirectly by Principal In the protaccn ion of the work provided fnr in the contraci and; 3. Pays Sp owsor all losms, dorm SON including OaMages for delay, expenses costs, and atbmeys foot, iruiWing appellate proesedings, that Sponsor sustains because of a dlefsiuit by Princtipttl under We nnnu-=; and 4. Perfomra the quarwifee of all work and nuftriwls fisnished under the cororect for the time specifle 1 in the contract, then this bond is void: dlitnAse it remains in full force. Any changes in or under the cordr2ct documer" and oomplianes with any lbrrnaimm oonnaetod with tho contract or the c Mantles does rrot aft -et Surety's vbtlgadon under ttriss bond. DATED OW _ _ . 2003. PUBLIC CONS-rRtJ17TH7N BOND H.I.P.P. BY: Capitol. IndrCorporationv ` BY., David B. Attcrney-Irr 14"11Aaiis= ent^ URS Cdrporaffon ' 00614-1 ..�1.1 -1 u♦ ..a... .-v....i...— av — .1— — t). .•1VVa-C ',Vjuu.) 03/05/2004 14; 06 ':412IS-D9050 HIPP IND PACE 9h CAPITOL INP MNITY CORPORATION 100010 6 8 POWER O)F ATTORNEY KNOW ALL MEN BY THXSF. P11 VATNTS. That the CAPITOL INDEMNITY CORPORATION. a cotporstion of the State of Wiscunsin, having its principal offices in the. City of M tdixm, Wisconsin. does make, constitute and appoint DAVID B. SiIICK — its tree and lawful A;totrlCy{a)-i:t-E:u:t, to make execute, sell and dciivec for and on its behalf, as surety, and as its act and deed, arty and all toads, undertakings and contracts or St ren�;"gip. prmidcd Qwt oo Mond or undertaking or contract of swatychip exccotr-d itnAer this outhority shall gtceed :r. amount the Sum of --•------�----.....__---_—.— NOT TO EXCEED $3.000,000,00 This Power of AMMJCY is &Mt W :m,i. is signed and sealed by %csiinfle ttndii andhy thcauthority of the following Retiolugon adopted by the Board of Directors of CAPITOL RM:?M Q,*TY CORPORATION at a marting duly called and held on dais Out day of'Msy, 2002. "RESOLVED, that the Presidett, and >=xecutive Viee-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are grantadthe power and authoritntiott to appoint by a ruwrt of Attotncy for the purposes only of oxosutine and attesting bnnde and undertakings and other writings abligttory. in th nxt ere thereof. azc or tort vicopre6ide»ts, assistant vactotariee No attorneys} -in -fact; each appointee to have the powers, and duties tntual to suet offrrrs to the business of the Corporation; the sigpatu►e of such officers and seal of the Corporation tay,ba, affixed to ruck pourer of am%rr ry tar to an,,, certificate gelatin¢ lbernto by facsimile, and any such Pcwcr of attomcy or certificate bearintl such facsimile signatures or facsimile seal shall be valid and hin+iing upon :he Corporation in the furore with respect to any bond or undertaking or other Writing oaltgstory in the nature thcMaf tc. which it 11 an:u:hed- Any surd appointmeat may be revoked for cause, or without cause, by any of said officers, at any time" IN W1T1rESS WIII?REOF, tb : CAPITOL INDEMNITY CORPORATION has causad the" priesattts to be signed by its unite, wdersigned and it, corporate -seal ter be b;rctq s(E xed duty attested by its TreaSurer, thin Ist day of Octoberj-2W3. r Mk3l.* CAPITOL INDEMNITY CO1itPORATION Wst,t,m °s 4 Thomas K. Muti on SEAL David F. Pauly 7lstiryrer President and CEO STAT)i' OF VYISCOMIN COUNTY OP DAle a.s_ On the 1st day of I. ictnber, 2t:83 k.cfore me penttanny came David F. Patt(y. to me known, who being by me duly sworn, did dcDose and say, that he resides, in the County of Dan!, :Late of Wisconsin; that he is President and CEO of CAPITOL INDEMNITY CORPORATION, the corporation described in and which axecu.ed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said irlstrumeM is such cotpoiate seal; that it was so : tiered by order of the Board of Dircctois oftaid Corporation and that ba signed his name thereto by like order. ;KU A • taUtsar Kathleen A. Paulson STATH OF WISCaaNSlM Notary Public- Dane Co.. WI S •= M Commisiioa Exrirc= In-1S-�MIE COt1NffY or ' DANL : GTi[riIMCA76 ` Y I, the,ttadersigncd, duly. ;It :o the otiice stated bclow,.noty the incumbent, in CAPITOL INDEMMITY CORPORATION, a Wisconsin Corporation, authnreed to m rite 11tis certificate, DO HIREEY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and fiMhes mere, that the Resolution of tits Hoard of Directors, set forth in the Power of Attomcy is now to force. Signed and sealed: at the Cit% of Madison, State of Wisconsin thine —fir— day of 2 p I=.. W. Smi" \�+ s Aasesmrit Secretary THiS DOCUMB14T IS NOI VAIAD UNLESS PRMTED UiQ_B%11� SMALII!U tsAc&t%R6uNTj WITH A RED SERIAL :NUMBER III THE L;rrER RIGHT. HAND CORNER. "'lie l:eP.CK OF TiIIS DOCUMIIN-J;;OI-& tDTS hkW&EF APM IF YO[f H E ANY QUESTIONS CONCERMNG THE AL'THr-NT_riTY OF' ilI i D1xUMt5NT CALL 800-i75-4450-^ ", "`': .. CI[.aoznn , 1aa31 lAO l Vl\1 -I.'11 —., 03/05/2004 14:06 ' 1 3039050 HIPP IND Au. w. u. :auure C. wt PAGE 05 ins ured's Name H.I.P.P. Indw.,triPs, Inc.11iospitality Institutional Insured's Malling Address 1385 5" Stree S2•rai5gts. FL 34236 P :)livy Number 10001068 - IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the ai;tua►i coverage provided by your bond/policy for acts of terrorism, as is true for all coN erages, is limited by the terms, conditlons, exclusions, limits, other provisions of y3u- bond/policy, any endorsements to the bond/policy and generally applicasble rules of law. Any terrorism c3werage provided by this bondipolicy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay g0% of covered terrorism losses exceeding a statutorily - established deductible paid by suretieslinsurers until such time as insured losses under the program reach $100 billiorl. if that occurs, Congress will determine the procedures for, and 'the soc.ICIa of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage• under this bondipolicy is Either shown on this form or elsewhere in the bondlpolicy. if there is no premium shows for terrorism on ff s-form or elsewhere in the bond/policy, there is no premium for the o3verage. Terrorism premium: ( $0 L g� CERTIFICATE OF LIABLITY INSURANCE aro� M Q//.Y' AId eaoaFt�s � awns uwaK,� �� laziva �Sas i►3awi cu; morJa LiMCB IEWAY80 1QrAMMUM19 m OR a_ m lld== AL7Bet�oolYBrA0E.1 1oi10»RIr71EP0tJC�es d rZ MOM-SO77 fix: zurica smoo mae macwtaes I er:_liou� UOstWd' Hoas�o�ese a-�•••_ 338H but FZtria �/"LI _ VaCbad3AW but P.3lBt Meg .. �— �aYBMCE9 p1�fLf!!wmdublflCDom �fIM1�iZrBO'p sE@�A llenwY►fEw IIIIY,v610ff�Rl�le'J�t�/M1KCA�� 1�11/pf�"Tlpi�WllYl1fi06.>�II�iA�C�''�udll YWiM9[IaiMiLa�iLTrirMOA®Pa� 1AN67�pe91 �r►�0167�t11W�IS:��wMN4u11:f88M1�'7�►NY�Ole�di. — ----. &am M Co 3200000. 1111 03/"10! 03/13/OS w�r�s r� r�---�.- a �� owirat .emm=MLLOM IV Ass 50000 6 ui aounrr ' Scip !066152 ealrw,►ei°�"^" 5�0 II I C1llMII411 01Katt�� gr�® M, Ii �OrIll.�iAfliMfd '!4 _ 2000000 _ 2000000 — r -� fir' �,, f'r--°" II= utt:�'�— p�■,®srRf:r�:r N I �I[fffnlO�fsMrusr s i .000.000. a �x nn+Auff1 ii �Pl19�66ZS2 '03/13/Od 03/13fas a _ III N f�efNfuR+r y WLLdwrnwelOi I it Ar.1[ —_`_ -- z� sr�Dfsm«nfas '' 0 6250 I �frfEp aueas i �or�rt+irae— ILI �� unm eufw TO s -- ' suwureuR r � � �p t— M �ACtalat ar+f6e1MSE: On loG Iwo N .0mm- min Y dl"M 3445,000 2.0/y6/03 ' :LO/15/0G a �1000001t !1 'Iwo ormoteom aomom sacu rs & Tm SIC1003MCNI. 107 RlafrbmwQFvwA1we�l�+�revmcwmm ..s.aa1E,.4..�c+le o�>Es��vEs ea+�am MI SMIL 10 fresr .ores sosre+��ir��os srfoaswru gA 39.vj SdBN4vld %a V-w rmz%ae- ==9i EBBZ,/I--: !