09/28/2005 Contract
Key West International Airport - Monroe County -Noise Insulation Program
CONSTRUCTION CONTRACT
THIS AGREEMENT effective 19th day of August , 20~, between the MONROE
COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the
"Sponsor") and Koch Comoration , (hereinafter referred to as the
"Contractor").
WITNESSETH
WHEREAS, the Sponsor is the sponsor of the Key West International Airport Noise Insulation Program (hereinafter referred to as
the "NIP"); and
WHEREAS, the Sponsor has elected to implement the fourth phase of the NIP (hereinafter referred to as "Phase 4"); and
WHEREAS, the Phase 4 NIP is managed by the consultant team consisting of the prime manager, architect, acoustician and
construction manager (hereinafter referred to as the Program Manager"); and
WHEREAS, the Contractor shall perform all necessary work and labor in the Phase 4 NIP (hereinafter referred to as the "Work");
and
WHEREAS, the Work shall be performed in accordance with the approved Phase 4 NIP Construction Drawings dated March 28,
2005 (herinafter referred to as the "Drawings" and the approved Phase 4 NIP Construction Specifications dated March 28, 2005
(hereinafter referred to as the "Specifications"); and
WHEREAS, the Work shall be completed in accordance with the Phase 4 NIP Construction Schedule (hereinafter referred to as the
"Schedule"), consisting of the sub-construction construction schedules (1-6) and total construction period schedule; and
Phase 3 Total Construction Period
Sub-Construction Period 1 (10 homes)
Sub-Construction Period 2 (10 homes)
Sub-Construction Period 3 (10 homes)
Sub-Construction Period 4 (10 homes)
Sub-Construction Period 5 (10 homes)
Sub-Construction period 6 (7 homes)
180 worldn!! days
30 working days
30 working days
30 working days
30 working days
30 working days
30 working days
NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Sponsor and the Contractor hereby agree as
follows:
That the Contractor in consideration of the payment of the Contract price thereof amounting to Two Million Ei!!ht Hundred
Seventy Six Thousand Nine Hundred Fifty Ei!!ht Dollars ($ 2,876,958.00), shall perform all work set forth in the Drawings and
Specifications, and agrees to furnish all materials (except as specified to be furnished by the NIP), together with all necessary to
furnish all necessary equipment, tools, labor, and other means of construction and do and perform all necessary work and labor for
the full completion of the Work under Contract No. THC NO. 05KW 17, the Work to be performed in accordance with approved
Drawings and Specifications and for the price and compensation set forth above and as specified in the Bid Form of the Contractor
which is hereto attached and hereby made a part of this agreement. The Work will be performed in accordance with Schedule.
Work and payments will be pursuant to and in accordance with Drawings and Specifications, therein set forth and addenda thereto,
all being incorporated by reference and being a part of this agreement.
The Contractor agrees to utilize the following Disadvantaged Business Enterprises:
Kenmar General Contracting, LLC
Florida Keys Electric
CONSTRUCTION CONTRACT/BONDS
00500 - 1
Contractor agrees that the Work shall be done and performed in a good and workmanlike manner, that all materials and labor shall
be in strict conformity in every respect with the Drawings and Specifications for the improvement and shall be subject to
inspection and approval of the Sponsor through its duly authorized Program Manager and, in case any material or labor supplied
shall be rejected by the Sponsor as defective or unusable, such rejected material shall be removed and replaced with approved
material, and the rejected work shall be corrected to the satisfaction and approval of the Sponsor through its authorized Program
Manager, at no additional cost or expense to the Sponsor.
Contractor further agrees that he will commence the Work hereunder upon receipt of the executed copy thereof and will complete
the Work to the satisfaction and approval of the Program Manager within the time limits specified in Time of Completion
and Schedule sections in the Specifications.
It is further agreed that any delay caused by the elements and other causes over which Contractor has no control or by strikes or
other combined action of workers employed in the construction or in the transportation of materials, in no part caused or resulting
from default or collusion on the part of the Contractor, shall be excused and the time for completion extended to the extent that
Program Manager may find and determine such condition to have delayed completion within the time limit through no
fault of the Contractor, but the judgment of Program Manager in respect thereto shall be final and conclusive upon the
parties. Contractor agrees that neither it nor its Subcontractors shall have any claim for damages against the Sponsor
or its agents arising from delays in the Work. Contractor understands that its sole remedy for a delay is an extension of time.
The Sponsor and the Contractor agree that the damages which would be incurred by the Sponsor in the event of delay of the
Project would be substantial but are not capable of being precisely calculated as of the execution of this Contract. The Sponsor
and the Contractor therefore agree based upon their professional knowledge and experience with projects of this type 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 Thousand Dollars ($1,000.00) from the Contract Sum for each calendar day (Sundays and Holidays included) after the final
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.
It is further understood and agreed that no claim for extra Work done or materials furnished by the Contractor will be allowed
except as provided by the Drawings and Specifications, nor shall the Contractor do any work or furnish any materials not covered
by the Drawings and Specifications and by this Contract unless such work is fust ordered in writing as provided in the Drawings
and Specifications. Any extra work done or materials furnished by the Contractor without written order first being given therefore
as in the Drawings and Specifications provided shall be at Contractor's risk, cost and expense, and Contractor agrees in such event
that he will make no claim for compensation for such extra work or materials.
It is further agreed that in no event shall the contracting officers of the Sponsor be personally liable or responsible in any manner
to the Contractor, Subcontractors, suppliers, laborers or to other person or persons whomsoever for claim, demand, damages,
actions, or causes of action or character arising out of or by reason of the execution of this agreement or the performance and
completion of the Work and improvement provided herein.
Contractor certifies to being not disqualified or debarred from entering into or receiving a Florida Department of Transportation
contract, or a municipal State-aid or County State-aid Contract administered by the Department of Transportation as agent of a
municipality or county pursuant to Florida Statutes, Further, Contractor agrees not to utilize either directly or indirectly any
contractor, corporation, partnership, or business however organized, which is disqualified or debarred from entering into or
receiving contract as stated above, This restriction applies regardless of whether the disqualified or disbarred party acts in the
capacity of a Contractor, a Subcontractor, or as an equipment or material supplier.
It is further agreed that the Contractor will abide by the provisions of Title VI of the Civil Rights Act of 1964 and Federal
Regulations of the Department of Transportation, set forth in Section 00210 of the Specifications, will afford opportunity for
Disadvantaged Business Enterprise as set forth in Section 00210 of the Specifications, will comply with restrictions on Federal
Public Works Projects as set forth in Section 00210 of the Specifications, will comply with the General Civil Rights Provisions as
set forth in Section 00210 of the Specifications, and will comply with Buy American Steel and Manufactured Products for
Construction requirements as set forth in Section 00210 of the Specifications.
CONSTRUCTION CONTRACT/BON OS
00500 - 2
MONROE COUNTY NOISE INSULATIO.N.YROGRAM
ft~,~E':"",,': ~.!. ': . - ", -~--'
/;( 'By
i{_~
'.'
r!
j;
L)}a >n ~
(SEAL, .Ma vO//L-.ht?-, .,.. n1a. Y7
ATTESi Ot.,. -'U.t~GE CL[l=.K . /
d>~\~
ST ATE OF FLORIDA
)
) SS
)
MONROE COUNTY
This instrument was acknowledged before rrtepi1
day of
,20_ _, by
, as the authorized representative of Monroe County NIP.
(Notarial Seal)
Notary Public Signature
CONT
By
Title
Contractor
Individual & Co-Partnership Acknowledgment
STATE OF FLORIDA )
) SS
MONROE COUNTY )
This instrument was acknowledged before me on
day of
,20
by
Notary Public Signature
(Notarial Seal)
Contractor
Corporate Acknowledgment
Kentucky
STATEOF~~ )
Jefferson ) ss
~~~ COUNTY )
This instrument was acknowledged before me on
22nd
C. Stephen Koch
, by
(Notarial Seal)
00500 - 3
CONSTRUCTION CONTRACT/BONDS
Monroe County Noise Insulation Program (NIP)
PA YMENT AND PERFORMANCE BOND
Part A: Payment Bond
BCH> NO. 4392332
as Plincipal, whose address is
KNOW ALL BY THESE PRESENTS, that we, KOCH <DRPORATIOO
GREAT AMERICAN INSORANCE CCIt1PANY
, whose address is ~!iJM, SOJlEEIs202
Contractor,
, and Surety
duly authOlized and licensed to do business in the State of Florida, as Surety, hereinafter called Surety, are held and firmly bound
unto the MONROE COUNTY NOISE INSULATION PR~ r' I ~
benefit of claimants as hereinafter provided in the amount of .
Dollars, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has written agreement dated NnRl'19,
20 05 , entered into a contract with Owner for NIP CONTRACT THC No. 05KWl7 , in accordance with
drawings and specifications prepared by/for MONROE COUNTY NIP which contract is by reference made party of hereof and
is required by Section 255.05, Florida Statutes. The said written agreement, drawings, specifications and amendments are
hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 255.05, Florida Statutes, is such
that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor
performed and materials furnished under the Contract, to be used or consumed in making the public improvements or performing
the public work as provided in the Contract, then this obligation shaH be nuH and void; otherwise is shall remain in full force and
effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Contract, or change in the
work covered thereby, or any extension of time for the completion of the Contract shall release the sureties on the bond. 2) Not
later than one year after the completion of the work under the Contract, any party in interest may maintain an action in his own
name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the
failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the
amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro
rata.
Signed and sealed this
19TH
day of
AIJGDST
,20 05
IN THE PRESENCE OF:
KOCH
am, OlirincipoJ (Contrnotoc)
~i-~
/ Wltne Lisa G. Green
By:
(Seal)
GREAT AMERICAN INSURANCE CCIt1PANY
Name of Surety
&J.~
~'M. -
WItnes DIANE L. PHELPS
By~1!11feI
TR:JIJAS~ ' ~-IN-FACT
00500 - 4
(Seal)
CONSTRUCTION CONTRACT/BONDS
Monroe County Noise Insulation Program (NIP)
PAYMENT AND PERFORMANCE BOND
Part B: Performance Bond
B(H) NO. 4392332
KNOW ALL BY THESE PRESENTS, that we, KOCH CDRPORATIoo Contractor,
as Principal, whose address is
GREAT AMERICAN
INSURANCE CQ\tJPANY
1131 LOGAN STREET, L<XJISVILLE, KY
40204
, and Surety
, whose address is
580 WALNUT STREET. CINCTNNATT, OR
45202
duly authorized and licensed to do business in the State of Florid'l, as Surety, hereinafter called Surety, are held and firmly bound
unto MONROE COUNTY NOISE INSULA TION PROGRAM NIP as obli ee hereinafter called owner, for the use and
benefit of claimants as hereinafter provided in the amount of'JK) NJliE IINm>
Dollars, for the payment whereof Principal and Surety bind themselves, their heirs, executors, adrmnistrators, successors and
assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has written agreement dated lllnRI' 19
20 05 , entered into a contract with Owner for NIP CONTRACT THC NO. 05KW17 ,in accordance with drawings and
specifications prepared by/for MONROE COUNTY NIP which contract is by reference made party of hereof and is required by
Section 255.05, Florida Statutes. The said written agreement, drawings, specifications and amendments are hereinafter referred to
as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION, if the Principal shall faithfully complete the Contract(s)
according to its terms and shall save the Monroe County NIP harmless from all cost and charges that may accrue on account of the
doing of the Work specified and shall pay all costs of enforcement of the terms of the bond, if action is brought thereon, including
reasonable attorney's fees, costs and disbursements, in any case in which such action is successfully maintained, or successfully
appealed, and shall comply with the laws of the state appertaining to such Contract(s), then this obligation shall be void but
otherwise it shall remain in full force and effect pursuant to Florida Statutes.
Signed and sealed this
19TH
day of
AUQJST
,20 05
IN THE PRESENCE OF:
KOCH
00
(Contractor)
dFLb
By:
(Seal)
(~w:., ~Q~
Witnes DIANE L. PHELPS
GREAT AMERICAN INSURANCE <Dn>ANY
Name of Surety
BY~~~
(Seal)
CONSTRUCTION CONTRACT/BONDS
00500 - 5
TERRORISM COVERAGE RIDER
NOTICE.DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of2002 establishes a program Vlithin the Department
of the Treasury, under which the federal government shares, \vith the insurance industry,
the risk ofloss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
. provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been coriunitted by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond lqo. 4392332 , effective AIJGUSl' 19, '2005.
In accordance with the Terrorism Risk Insurance Act of2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, Vlill pay a share of terrorism
losses insured under the terms of the Act. The federal s!J.are equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage PartlPolicy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of2002, we are required to provide you 'With a
notice. disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium th8:t is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than Six
No,Q 17163
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-
in-fact, for it and in its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof: provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Steven M. Garrett
William A. Kantlehner, III
Thomas J. Mitchell
Name
Deborah A. Yates
Jeffrey A.8rown
Diane L, Phelps
Address
all of
Louisville, Kentucky
Limit of Power
all
Unlimited
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 22nd day of January . 2002
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C, KITCHIN (513-412-4602)
On this 22nd day of January, 2002 ,before me personally appeared DAVID C, KITCHIN, to me known, being
duly sworn, deposes and says that he resides in Cincinnati. Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company. the Company described in and which executed the above instrument; that he knows the seal of the said Company: that the seal affixed to
the said instrument is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company. and that he signed his name
thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I, 1993,
RESOLVED: That rhe Di\'ision Presidenr, rhe se\'eml Di\'ision Vice Presidenrs and Assisranr Vice Presidenrs. or W1\' one ofrhem. be and herebv is
aurhori::ed. from rime ro rime. ro appoinr one or more Arromers-in-Facr ro execure on behalf of rhe Compwzr. as surery. any a;zd all i)Onds, underrakings ;l1ld
conrracrs ofsureryship. or orher \vrirren obligarions in rhe narure rhereof; ro prescribe rheir respecri\'e duries and rhe respecrive limirs ofrheir aurhorirv; and ro
re\'oke wzr such appoinrmenr (I( any rime, '
RESOLVED FURTHER: That rhe Company seal and rhe signarure of anr of rhe aforesaid (!fficers and any Secrefary or Assisfam Secrerarv of rhe
Company nwr be affixed byfacsimile ro any power of arromer or cerrifk(l(e of eirher gi\'en for rhe execurion o{anv bond. underraking. CO/lImcr or surerrship,
or orher H'rirren obligarion in rhe n(l(ure rhereof, such signafure and seal H'hen so used being hereby adopred by rhe Companr as rhe original sign(l(ure o{such
officer and rhe original seal of rhe Company, ro be valid and binding upon rhe Companr wirh rhe same force and effecr as rlwugh manually affixed.
CERTIFlCATION
L RONALD C. HAYES. Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this
19'1'&y of
AUGUST
2005
S1029U (4-04)
ACOR__D CERTIFICATE OF LIABILITY INSURANCE I DATE
--- -TM 08/22/2005
PRODUCER Garrett-Stotz Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6011 Brownsboro Park Blvd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Louisville KY 40207-1292 INSURERS AFFORDING COVERAGE
INSURED Koch Corporation INSURER A: Amerisure Companies
P. O. Box 4398 INSURER B: Great American Insurance Company
Louisville KY 40204 INSURER c:
INSURER D
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
1~4>:
A
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
~NERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE [K] OCCUR
CPP 1322729 *
12/31/2004
12/31/2005
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
,\
-
-
~'L AGGRE~E LIMIT AP~S PER:
I POLICY I X I ~~-R;. I I LOC
A ..M!.,TOMOBILE LIABILITY
_ ANY AUTO
~ ALL OWNED AUTOS
X SCHEDULED AUTOS
C--x
I-- HIRED AUTOS
~ NON-OWNED AUTOS
CA 1322730
12/31/2004
12/31/2005
1.000,000
f--
~\~P~I~~~ '{JXJil/Eto
u r .____QJ\ _,__ '
ni\E: -__..._,c-=-~ 3-C5
;'/\ X
..-,........
t:- ! ~ ~
.. -,.. ,
nRAGE LIABILITY
n ANY AUTO
W Ai \tr::y:
-----_.- '
A EXCESS LIABILITY CU 132273 I
tRlOCCUR D CLAIMS MADE
RDEDUCTIBLE
RETENTION $
A WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
12/31/2004
12/31/2005
5,000,000
5,000,000
WC 132177002
12/31/2004
12/31/2005
OTHER
A EQUlP.FLOA TER
B BUILDERS RISK
E,L. EACH ACCIDENT $
E,L. DISEASE - EA EMPLOYEE $
EL. DISEASE.. POLICY LIMIT $
100,000
100,000
500,000
CPP 1322729
BINDER *
12/31/2004
08/22/2005
12/31/2005
04/22/2006
$80,000 PER ITEM & AGGREGATE
LIMIT $2,876,958.00
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
ALL WORK INCLUDING NIP CONTRACT THC NO. 05KW17, RESIDENTIAL SOUND INSULATION PROGRAM
PHASE 4; * ADDL INSURED IS CERTIFICATE HOLDER AS THEIR INTEREST MAY APPEAR.
CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER:
CANCELLATION
MONROE COUNTY NOISE INSULATION PROGRAM (NIP)
1100 SIMONTON ST.RM.2-2I3
KEY WEST FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESEtWA T,6'S. /
AU~IDjEPRESEei'ff1 # f/ /J //
~'^"rf VI ~YA
V @~CORD CORPORATION 1988
I
ACORD 25-S (7/97)
08/23/2005 00:08
502-535-3458
KOCH CORP ACOUSTICAL
PAGE 02/02
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
KOCH CORPORATION
1131 LOGAN ST
LOUISVILLE
KY 40204
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