Item D47
BOARD OF COlJNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Division:
Engineering
Bulk Item:
No
Department: Engineering
Staff Contact Person: David Koppel
AGENDA ITEM WORDING: Approval to award bid and enter into contract with Atlantic Civil, Inc. for
construction of the Duck Key Recreational Pathway for the amount of$720,] 46.79, and to waive any bid
irregularities.
ITEM BACKGROUND: On May 31,2006, two bids were received for construction of the Duck Key
Recreational Pathway. The bid, (including the bid alternative) from Atlantic Civil, Inc. was the lower of two
bids received. (see attached summary). We need to waive bid irregularities because the low bidder wrote the
total amount for bid alternative SA in the column that requested the unit cost. The other bidder also made a
minor error in that he did not include the bid amount on the proposal form, and the unit prices do not exactly
extend correctly to the totals.
PREVIOUS RELEVANT BOCC ACTION: The project was approved as part of the County's Seven Year
Road Plan.
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS:
Approval as stated above.
TOTAL COST:$720,]46.79
COST TO COUNTY: $720,]46.79
BUDGETED: Yes X No
SOlJRCE OF FUNDS: See. A
REVENlJE PRODUCING: Yes
No X
AMOlJNT PER MONTH
Year
APPROVED BY: County Atty _ OMB/Purchasing
DIVISION DIRECTOR APPROVAL:
David S. Koppel, PE, County Engineer
DOCUMENTATION:
Included X
Not Required
DISPOSITION:
AGENDA ITEM
Revised 2/()5
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
07
oIIOr'U}\pp,I(\
CONTRACT SUMMARY
Contract with: Atlantic Civil, Inc. Contract # -
Effective Date: Upon Execution
Expiration Date: 120 days after notice of
Commencement
Contract Purpose/Description:
Approval to award bid and enter into a contract with Atlantic Civil, Inc. for sum of
$720,146.79 for construction of Duck Key Recreational Path
Contract Manager: David Koppel 4427 Engineering/# 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on June 21, 2006 Agenda Deadline: June 6, 2006
CONTRACT COSTS
Total Dollar Value of Contract: $ 146.79
Budgeted? Yes[gJ No D Account Codes:
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Management
Changes
Date In Needed
YesD No[21
YesD NoIT
/
YesD Not}(
Date Out
Division Director
O.M.B./Purchasing
County Attorney
OMS Form Revised 2/27/0 I Mep 112
Monroe County Hoard of County Commissioners
Impact Fee Expenditure Request
Section 1 . To be completed by requesting department
Piwd /3D
Requestor: Da"id Koppel Title: County Engineer Date: December 20, 2005
Facility type: Transportation Project name: Huck Key Recreational Pathway
Total Project Cost (capiull only): $1.6 million
Description of project: New path along the commercial section of Huck Key Drive, includes Iigbting and
ll111dscaping
Impact fee district: 2 Boundaries of Service Area: Middle Keys
Boundaries within project's fee district: Yes ~ No Type of project: Capital ~ Opemtional__ Maintenance _..
Project start date: April 2006 Usdullife of project: 15 years (Must c,xceed 5 years to qualify as capital project)
Pr()ject serves: Development that existed in 1986 started after 1986 ~.~ projected beyond current year K
\Vould project have been neexIed to maintain level of service standards ifno growth had occurred since 1986?: No
Section 2 - Planning review
Reviewer:
._~.~_f:,~...~MQ_..
Date:}L31e>.4__.____.
Prqject eli ible for 1m ac eYes No
Fund: District:
County- Wide
Municipality
District 1 amount (Lower Keys)
......... District 2 amount (Middle Keys)
District 3 amount (Upper Keys)
Partial Funding $:
Full Funding $:
f$ /.re M
No~ -?::;::::::::::tt~~~ .~~
~~ - d~~~~A7
~4/FP ~~ /'tUa&7<Z>4'~, /~eij; ~~~
Section 3 - Legal review ~ ~t{O
R'VieW'C_~.__.. _ Tif'e&2_fj;t'jl~___ D", ~$~
CO~~ing review _~~iect to planning review
--I1...r Vkt. %t 11 P1' c-. h-\C" I". C. >'
Reviewer:
e:t?iil!;;~~~' Date:.I/;!;fk
Yes No
Resolution prepared: Yes. No
Agenda summary prepared? Yes
No
Project code:
Date of HOeC action:
Ili\.:H I--~,~-,:~ Rt'''''.",!
Base Bid Amount
All. 5a (Concrete)
Item 4 (base) - to be deleted
Item 5 (asphalt) - to be deleted
Base Bid Amount - less items 4 & 5
plus Alternative 5a
Duck Key Recreational Pathway
Bid Analysis
Atlantic Civil
$695,978.03
$110,602.80
$45,850.42
$40,583.62
$720,146.79
Douglas Higgins
$623,000.00
$204,820.00
$20,000.00
$80,000.00
$727,820.00
06/07/2006
10:38
ATLANTIC CIVIL, INC. ~ 13052954321
NO.800
[;102
9350 South Dixie Highway. Suite 125011 Miami, FL 3315611I 305-670~9610 I Fax: 305-670-6787
June 7. 2006
Via fax I mati
CountY of Monroe
Judy Steele. P. E.
Engineering Division
1100 Simonton St., #2-215
Key West, FL 33040
Re.' Duck: Key Recreational Pathway
ACJ Project No. 06048
Bid Clarification
Deczr Ms. Steele:
As requested in your fax: dated J14ne 6, 2006, Atlcmtic Civil offers the following
clarification to our bidfor The above referenced projeCT.
Items 4 & 5 of the base bid. optional base course (asphalt or limerock) and Asphaltic
su.rface course, shall be deleled from lhe project, and altern!lle Item 5cr will be included.
The unit price of Item 5A is $37.80 per SY, with a quantity of 2,926 Sf: for a fOlal amOunt
of $} JO.602.80.
Iffurther information is required. plecrse contact me.
ST JI'Vjp
P: \ WQRDDOCS\06{J.:fl?lmdilIii'Q-Jr,;,r
Duck Key Recreational Pathway
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where Ihe basis ofpaynzent is a S71PULATED SUM
AGREEMENT
Made as of the 21 st day of June in the year of TWO ITIOUSAND AND SIX
(In Words, indicate day, Inonth aml year.)
BETWEEN the Owner:
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, Florida 33040
And the Contractor:
(N ame and address)
Atlantic Civil, Inc.
9350 S. Dixie Highway, #1250
Miami, FL 33156
For thc following Project:
Duck Key Recreational Pathway
Duck Key, Monroe County, Florida
The Construction Manager is:
Monroe County Engineering Division
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida 33040
The Engineer is:
David S. Koppel, P.E.
Monroe County Engineering Division
1100 Simonton Street
Key West, Florida 33040
Drawings were provided by:
The Weiler Engineering Corporation
20020 Veterans Boulevard, Suite 7
Port Charlotte, Florida 33954
There is no "Construction Manager" or Architect". Any reference to these terms in this document or in any
document pertinent to this project means "Owner". Contractor shall be dealing directly with Owner through its
County I:ngineer and Engineering Division.
The Owner and Contractor agree as set forth below.
Agreement Between Owner and Contractor
00500-1
Duck Key Recreational Pathway
The Contract Documents
T'he Contract Documents consist of this Agreement, Conditions of the Contract ((ieneral, Supplementary and
other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Bid documents and
Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement
and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of
the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and
integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
cI'he Contractor shall execute thc entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is
made te)!" the date to be fixed in a notice to proceed issued by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall
notify the Owner, through the Construction Manager, in writing not less than five days before commencing the
Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
One Hundred Twenty (120) calendar days from date of Commencement
subject to adjustments of the Contract 'rime as provided by the Contract Document.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's perfemnance of the Contract the
Contract Sum of seven hundred twenty thousand one hundred forty-six and 79/100 Dollars ($ 720,146.79),
subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the if any, which are described in the Contract
Documents and are hereby accepted by the Owner: Substitute item Sa., 4" concrete pathway for items nos. 4 and
5, Optional Base Course and Asphaltic Surt~lce Course.
4.3 Unit prices, if any, are as follows:
As stated in Bid Proposal, attached.
Standard Form of Agreement Between Owner and Contractor
00500-2
Progress
5. I Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and
upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the
Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day
of the month, or as follows:
Thirty days (30) after commencement of the work and every thirty days thereafter until completion of the project.
5.3 County shall pay pursuant to the Florida Prompt payment Act.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among
the various portions of the Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Construction Manager or Architcct may require. This schedule, unless objected to by the
Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for
Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each pOliion of the Work as of
the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
5.6. I Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum
allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending
final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in
applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or
change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the
Construction Manager. When both additions and credits covering related Work or substitutions are involved in a
change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance
by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage ofTen percent
(10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, ifany, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified
under the following circumstances:
5.7. I Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety
percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the
Architect determines for incomplete Work and unsettled claims; and
2/14/2006
Standard Form of Agreement Between Owner and Contractor
00500-3
Duck Key RecreatIOnal Pathway
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,
any additional amounts payable in accordance with Subparagraph 9.10.3 of the Gcncral Conditions.
5.8 Reduction or limitation of rctainage, if any, shall be as follows:
According to applicable Florida law.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (I) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and
to satisfy other requirements, if any, which neccssarily survive final payment: and (2) a final Project Certificate
for Payment has been issued by the Construction Manager and Architect: such final payment shall be made by
the Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as f~)llows:
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to Florida Prompt Payment Act.
7.3 Temporary facilities and services:
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perf~)rn1 work as contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided in
Section 287,t)17, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
7.6 The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and other losses, damages, and expenses
(including attorney's fees) which arise out in connection or reason of services
the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided
f~)r above.
Agreement Between Owner and Contractor
00500-4
Duck Kcy Recreational Pathway
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. 'rhe provisions of this section shall sur-vi ve the expiration or
earlier termination of this agreement.
7.7 Other Provisions:
7.7.1 Independent Contractor
At all times and for all purposes under this agreement the Contractor is an independent contractor and not
an employee of the Board of County Commissioners f(x Monroe County. No statement contained in this
agreement shall be construed so as to find the Contractor or any of his/her employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
7.7.2 Assurance Against Discrimination
The Contractor shall not discriminate against any person on the basis of race, creed, color, national
origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting,
terminating, or any other area affecting employment under this agreement or with the provision of services or
goods under this agreement.
7.7.3 Assignment/Subcontract
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which
approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph
shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in
no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price
of the services/goods of the Contractor and compensation to County.
7.7.4 Compliance With Law
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulation pertaining to, or regulating the provisions of~ such services, including those now
in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute
a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to
perform work in accordance with these specifications throughout the term of this contract.
7.7.5 Insurance
Prior to execution of this agreement, and maintained throughout the Ii fe of the contract, the Contractor
shall furnish to the County Certificates of Insurance indicating thc minimum coverage limitation as listed below:
A. General Liability include as a minimum:
.. Premises Operations
· Products and Completed Operations
.. Blanket Contractual Liability
It Personal Injury Liability
.. Definition of
The minimum limits acceptable shall be $1,000,000 Combined Single Limit
Ifsplit limits are provided, the rninimum limits acceptable shall be: $500,000 per person;
$1,000,000 per Occurrence; and $100,000 Property Damage.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims
Made Policy, its provisions should include coverage for claims filed on or after the effective date of
this contract. In addition, the period for which claims may be reported should extend for a minimum
of 48 months following the termination or expiration of the contract.
2/14/2006
Standard Form of Agreement Between Owner and Contractor
00500-5
MONROE COUNTY BOARD OF COUNTY
ADD/110NAL INSURED.
MUST BE NAMED AS
B. Vehicle Liability include as a minimum:
II Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $1,000,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person;
$1,000,000 per Occurrence; and $100,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
C. Workers Compensation limits sufficient to respond to F,'lorida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$ 1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact business in the State
of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by
the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer,
the County shall recognize and honor the Contractor's status. T'he Contractor may be required to
submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance,
providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
7.7.6 Contractor's Responsibility
The Contractor warrants that it is authorized by law to engage in the performance of the activities
encompassed herein, subject to the terms and conditions set forth in these contract documents. Contractor shall
at all times exercise independent 1 judgment and shall assume responsibility for the services to be provided.
7.7.7 Notice Re<Iuirement
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY
David S. Koppel, P.E.
County Engineer
1100 Simonton Street. Rm. 2-216
Key West, FL 33040
AND
Monroe County Administrator
1100 Simonton Street
Key West. FL 33040
2/14/2006
Standard Form of Agreement Between Owner and Contractor
00500-6
Duck Kev Recreational Pathway
FOR CON'I'RAC'rOR
Atlantic Civil, Inc
9350 S. Dixie Highway #1250
Miami, Florida 33156
7.7.8 Governing Laws, Venue, Interpretation, Costs, Fees
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be pcrformed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of the agreement, the County and Contractor agree that venue shall lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
The County and Contractor agree that, in the event of conflicting interpretation of the terms or a term of
this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding.
7.7.9 Reconlkeeping
Contractor shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this
Agreement or their authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor or not paid to County pursuant to this Agreement were spent for purposes not
authorized by this Agreement or wrongfully retained by Contractor, the Contractor shall repay the monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been
paid.
7.7.10 Severability
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall
be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
7.7.11 Attorney's Fees and Costs
The County and Contractor agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing party, and shall include attorney's fees, court costs, . and out-of...
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
7.7.12 Binding Effect
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of
the County and Contractor and their respective legal representatives, successors, and assigns.
Form of Agreement Between Owner and Contractor
00500-7
Duck Kcy Recreational Pathway
7.7.12 Authority
Eaeh party represents and warrants to the other that the execution, deli very and performance of this
Agreement have been duly authorized by all necessary County and corporate or individual action, as required by
law.
7.7.13 AdJudication of Disputes or Disagreements
County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of
the Board of County Commissioners. If the issue or issues are still not resolved to the satisf~lction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This provision does not negate or waive the provisions of Article 14 of the General Conditions
concerning cancellation.
7.7.14 Cooperation
In the event any administrative or lcgal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to
the extent required by the othcr party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this Agreement. County and
Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
7.7.15 Nondiscrimination
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party, eflective the date of the
court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of raee, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Aet of 1975, as amended
(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) 'rhe Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 U SC s.
et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch.
13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subj ect
matter of, this Agreement.
7.7.16 Covenant of No Interest
County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performance under this Agreement, and that only interest
of each is to perform and reeeive benefits as recited in this Agreement.
7.7.17 Code of Ethics
County agrees that officers and employees of the County recognize and will be required to comply with
the standards of conduct for public officers and employees as delineated in Section] 12.313, Florida Statues,
Standard Form of Agreement Between Owner and Contractor
00500-8
Duck Kev Recreational Pathwav
regarding, but not limited to, sol icitation or acceptance of gi fls; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting cmployment or contractual rclationship; and
disclosure or use of certain information.
7.7.18 No Solicitation/Payment
'The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the brcach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recovcr, the full amount of such fee, commission,
percentage, gift, or consideration.
7.7.19 Public Access
The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,
papers, letters or other materials in its possession or under its control subj ect to the provisions of Chapter 119,
Florida Statues, and made or received by the County and Contractor in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
7.7.20 Non-waiver of Immunity
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the
Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision
for waiver.
7.7.21 Privileges and Immunities
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and reliet~ disability, workers' compensation, and other benefits which apply to the activity of officers
agents or employees of any of any public agents or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers agents, volunteers, or employees outside
the territorial limits of the County.
7.7.22 Legal Obligations and Responsibilities
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by and participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and case law.
7.7.23 Non-Reliance by Non-Parties
No person or entity shall be entitled to rely upon the terms, or any of of the to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for the purposes eontemplated in this
Agreement.
7.7.24 No Personal Liability
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer,
Standard Form of Agreement Between Owner and Contractor
00500-9
Duck Kev Recreational Pathway
agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
7.7.25 Execution in Counterparts
'fhis Agreement may be executed in any number of counterparts, each of which shall bc regarded as an
original, all of which taken together shall constitute one and the same instrument any of the parties hereto may
execute this Agreement by signing any such counterpart.
7.7.26 Section Headings
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and
it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation
of any provision of this Agreement.
7.7.27 Contingency Statement
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
March 2006, and are as listed in Table of Contents, Section 0000 I of the Project Manual for this project.
9.1.4 'I'he Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as
listed in Table of Contents, Section 0000 I of the Project Manual for this proj ect.
9.1.5 The Drawings are dated on each individual drawing and are listed on the Drawing's Cover Sheet.
9.1.6 The Addenda, if any, are as f~)llows:
Number
1
2
Date
May 15,2006
May 18,2006
Pages
1
5
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
Agreement Between Owner and Contractor
00500-10
Duck Kev Recreational Pathway
9.1.7 Other documents, if any, forming
of the contract Documents are as follows:
See article I for contract documents
This Agreement is entered into as of the day and year first written above and is executed in at least four original
copies of which one is to be delivered to the Contractor, and three to the County Engineer for use in the
administration of the Contraet.
(SEAL)
Attest: DANNY I,. KOLHAGE, Clerk
BOAIU) OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
Attest:
CONTRACTOR
By:
By:
Title:
Title:
END OF SECTION 00500
Agreement Between Owner and Contractor
00500-11
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SECTION 00110
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMIVHSSIONERS
C/o PURCHASING DEPARTMENT
1100 Simonton Street, Room 1-213
KEY WEST, FLORIDA 33040
BID FROM:
Atlantic Civil
o So. Dixie
_._tfj,ETIl.!LE.1.._..,3 315L_
1250
The undersigned, having carefully examined the Work and reference Drawings, Specifications, Propos:t1,
and Addenda thereto and other Contract Documents for the construction of:
Duck J(E.Recr:eational.p.:Jtb~JDI
Duck Key
Monroe County, Florida
and having carefully examined the site where the Work is to be performed, having become Llmiliar with
all local conditions including labor affecting the cost thereof, and having familiarized himself with
material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting
performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools,
material, equipment, transportation services, and all incidentals necessary to perform and complete said
Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings,
Specifications, and other Contract Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where the Work is
to be perf0n11ed, together with the local sources of supply and that he understands the conditions under
which the Work is to be performed. The successful bidder shall assume the risk of any and all costs :md
delays arising from the existence of any subsurface or other latent physical condition whieh could be
reasonably anticipated by reference to documentary information provided and made available, and li'om
inspection and examination of the site.
5tdiilLa9J~M61Jt;f6A!flJM.d;+k(4/i!iJ.5fw46~!9ttZ5IQIl(lr:~.
(Total Base Bid - words)
~.pp A temate #1-:-.. c:: / ../ :?tJ!
V4h '. ~~t~~(Jj/1i!flildt2...!_ /~:-L2~.__.__.._____:~_.c1Qlillrs_:
I acknowledge receipt of l\.ddenda No. (s) jJ-4---._~---~. I
have included pages 1 through 9
of the Bid Proposal which entails the Proposal
Form ,the Non-Collusion Affidav , the Lobbying and
Confl ct of Interest Clause the Drug-Free Workplace Form
, the Bid Bond ,the Bidder's Insuranc E;t tement__~._.
Also include a copy of valid licenses
2/14/2006
BID PROPOSAL
00] ] () -'
]).1Lck.K.0:' Recreational Pathwil),
(The above is intended as a courtesy review checklist of the
required bid items. However, it does not imply that these are
the only items needed. There may be additional requirements not
listed here that are listed in other sections of the Project
Manual. It is the Contactors responsibility to provide all
required bid items
Mailing Address:
Atlantic Civil, Inc.
9350 South Dixie
., Suite 1250
Miami, FL 33156
~~-~,--~-----~.~-~_.-
Phone Number:
305-670-9610
Date:
Signed:
Steve Torcise, Jr.
(Name)
President
(Title)
Witness:
2/14/2006
BID PROPOSAL
trO~~OO
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L1 ~ f)JiJ.}rM C FICATE OF liABILITY INSURANCE D!\TE(MM/DDfYY)
11f08/0S
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAHER Of INFORMATION
Aon Risk services, Inc of Florida ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1001 Brickell Bay D ri ve HOLDER. THIS CERTIFICATE DOES NOT AMENO, EXTEND OR
suite 1100 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Mi ami FL 33131
COMPANIES AFFORDING COVERAGE
COMPANY Trans po rtati on
A Insurance Co.
PHONE.. (866) 283-7124 FAX- (866) 430-1035
INSURED COMPANY Continental casualty Company
Atlantic civil, Inc. B
9350 s. Dixie Highway #1250
Mi ami FL 331560000 USA COMPANY
C
COMPANY
0
COVERAGES ..... SIR May Apply
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC, TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSlIRANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LI\I ITS
LTR DAn: (MMIIlDIYY) DATE (MMiDDIYY)
B GENERAL LIABILITY GL1094268924 10/20/05 10/20/06 GENERAL AGGREGATE $2,000,000
- COMMERCIAL GENERAL LIABILITY $2,000,000 r
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG I
- tJ CLAIMS MADE o OCCUR PERSONAL & ADV INJURY $1,000,000
(
- $1,000 , 000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE r
I
- $500,000
FIRE DAMAGEIAny one (Ire)
- $10.000
MED EXP (Anyone person)
;
B AUTOMOBILE LIABILITY BUA1094268938 10/20/05 10/20/06 COMBINED SINGLE LIMIT $1,000,000
0-
X ANY AUTO BUSINESS AUTO LIABILITY .
I- ALL OWNED AUTOS
BODIL Y INJURY
'- ( Per person)
SCHEDULED AUTOS
'-- HIRED AUTOS
BODIL Y INJURY
- (Per aCCIdent)
NON-OWNED AUTOS
-
- PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT
- OTHER THAN AUTO ONLY:
ANY AUTO
- EACH ACCIDENT
- AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
R UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
A WORKER'S COMPENSATION AND WC247839365 10/20/05 10/20/06 X I WC STATU-.I In;~
TORY LIMITS
EMPLOYERS' LIABILITY FLORIDA WORKERS COMF' EL EACH ACCIDENT n, 000 , 000
THE PROPRIETOR! RINCL EL DISEASE.POLlCY LIMIT $1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $1,000,000
.-
-
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DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLESlSPECIAL ITEMS .,-..,
.....
r,,-:r,._
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"-..l
CERTIFICATE HOLDER .... .. .. CANCELLATION .. ....: ~
... .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~
~-
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL END EAVOR TO MAIL ---,
NOTICE TO THE CERTIFICATE HOLDER NAME 0 TO THE LEFT. r,r"iJ:..
30 DAYS WRITTEN ~J
--,,'
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ~
.Ii..i
REPRESENTATIVES .~.
OF ANY KIND UPON THE COMPANY ITS AGENTS OR Il.!c-'i
AUTHORIZED REPRESENTATIVE )y- ,,- <~ ;;;;.
~
ACORD 25-5 (1/95) <<:J ACORD CORPORATION 19881.
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PJJ<:~lsK(:y.Re_Gr~mi.Qll,lIP(ltllw(}y
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 of the project manual as f()lIows:
Insurance Requirement
Statutory Limits
Worker's Compensation
WC1
$100,000/$500,000/$100,000
General Liability
GL1
$100,000 per Person; $300,000 per
Occurrence; $50,000 Property Damage or
$300,000 Combined Single Limit
Vehicle Liability
VL3
$500,000 per Person; $] ,000,000 per
Occurrence; $100,000 Property
Damage or
$1,000,000 Combined Single Limit
Employers' Liability
WC2
$500,000 per Person; $500,000 per
Occurrence; $500.000 Property
Underground, Explosion
And Collapse (XCU)
GLXCU
Required Endorsement.
All endorsements are required to have the same limits as the basic policy.
All insurers shall have an A.M. Best rating ofYl or better and shall be licensed to do business in
the state of Florida.
2/] 4/2006
BID PROPOSAL
00 I 10 - 6
f2uck 1< ey_R.ecn:ati 9na IY,ltI1V\,il)l
SECTION 001] (I
NON-COLLUSION AFFIDAVIT
1,_..~_~t.E:'ve Tor0J3_~~_~l:'_~_____~ of the city
according to law on my oath, and under penalty of peljury, deposc and say that:
I.
I am
President
Of the firm of
Atlantic
The bidder making the Proposal ti:Jr the project described in thc notice for calling fi:)r bids for:
Duck
Recreational
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 othcr
bidder or with any competitor;
30 unless otherwise required by law, the prices which havc bcen quoted in this bid havc not bccn knowingly
disclosed by the bidder and will not knowingly be disclosed by the biddcr prior to bid opcning, directly or
indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will bc made by the bidder to inducc any othcr pcrson, partncrship or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monrue
County relics upon the truth of the statements contained in this affidavit in awarding contracts f()r said
project.
(Signature of Bidder)
(Date)
STATE OF:
Florida
COUNTY OF:
Miami-Dade
PERSONALLY APPEARED BEFORE ME, the undersigned authority, __.~!eve Torcis<:-,~~_
(naml<.Q,tjndividual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this
";:)1 day of 20~.
{
My commission expires:
,,'~~h'1.f.(l6!_ Vickie J. Pennell
'o.'~ .;<""
f;;, . i~ Commission # DD442899
...lflo. "5(:'"
"1};~....~~':Af ExpIres August 13, 2009
~/. Of f-0~'~
"ftt~\ 80nded Tray Fam" lnwrance.lnc 80()"38~7019
2/I 4/2006
BID PROPOSAL
Quck Key Recreational Pathwax
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
ATLANTIC CIVIL, INC.
(Colnpany)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any fanner County officer or
employee in violation of Section 2 of Ordinance No. 0 I 0-1990 or any County officer or cmployce in violation 01' Section :3 of
Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discrction, terminate this contract
without liability and may also, in its discretion, dcduct from the contract or purchase price, or otherwise recover, the full amount
of any fcc, commission, perccntage, gin, or considcration paid to thc former County officer or employee".
(Signaturc)
STATE OF:
Florida
COUNTY OF:
Miami-Dade
(datc) by
Subscribed and sworn to (or affirmed) before me on
Steve Torcise, Jr.
_ ~.___ (Name of affiant). He/She is personally known to mc or has produced
Personally Known
identification. (Typc of idcntification)
......t. VI k. J
,";\~'f\l...f{f!, C I a .
~'?:A'~~ .,
:*; . :*: CommiSSion #
-~ ."'-
*"~"""~ Expires August 13, 2009
'l,fr,;;,\' Bonded Troy Fain Insurance, lne aOO.38~70'9
My commission expires:__._.__~_.__.___
2/14/2006
BID PROPOSAL
0011
Q.lI~!,-1<&y.Ry_(a:flltIQI1~1IJ~}1!1 wilY
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifics that:
ATLANTIC CIVIL
(Name of Business)
1. Publish a statement notifying employees that the unlawful manuf~lcture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
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 programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy ofthe statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction oC or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Make a good faith effOli to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Bidders Signature
END OF SECTION 00110
2/14/2006
BID PROPOSAL
QLJ~k~)' IsecreatiQ!lal PatlJ\'1lY
~'~~
INSURANCEAGENTSSTATEMENl
1 have reviewed the above requirements with the bidder named below. The f()llowing ueductibles apply to the
corresponding policy.
POLICY
'2 . 7 / .1 '.
V~~~t't'd/~7 .{;~ /j~ /(~ ;(.O{y
I
:/);.7/7?/7/)'0i~4.6r / if
--.. ,-----.- --"-
It~~-I~n/<; C~VZIl,/~171 J;1
Liability policies are ~Occurrcnce
4ft! &/J~~r)(:~f k L' ,ri::z,;te
Insurance Agency
"'!.I. DED.uc'rIBLEs
?>v.c::; PIP!; /j/'i:'-j it Ct:t.:(~~CW:r7 {0
~~: /
p ./ P q. /~z:p:;' ,.;/7 ?? tfI C'..C..-c-?-/:C-1'7 <::.-.e.-
i~h~'7/ /L~-;C:-;-;;:~/~..
"
__Claims Made
;;jrh~&~~ :;'.//
'~~--~-...._-
Signature
ill.DDER'S STA TEMENI
I understand the insurance that will be mandatory ifawarded the contractflnd will comply in full with all the
requirements.
Atlantic Civil, Inc.
~"'--
Bidder
Steve Torcise, Jr., President
INSCKLSI
2/14/2006
SlJPP!j~MENTARY[NSTJRANCE DOCUMENTS
00900.7
9350 South Dixie Highway 111 Suite 1250 ill Miami, FL 33156 III 305-670-9610 III Fax: 305-670-6787
May 31, 2006
Duck Key Recreational Pathway
List of Proposed Subcontractors
Subcontractor
Community Asphalt Corp.
Scope of Work
Asphalt Work
Wire Nuts Electric of South Fla. or
Carey & Knuth Electrical Contractors
Electricalltems
Family Tree Landscaping
Landscape Items
e-
Lf)
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ri
0
CO
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- -- ~ --- ------
------ --
BOARD OF DIRECTORS DISCLOSURE
Bidder/Proposer: __
Atlantic Civil, Inc.
- - " -~_.~~--_._~-~------,-
(Legal name, corporation, paltnershlp, firm)
~------_.._-_._-"._-_._"- --- ~---~--"--~~--- ._"--~~
Board Member Company / Telephone Race/Ethnicity/Ge
Organization Number nder
--
Steve Torcise, J President i\.tlantic Civil, In c. 305-670-9610 Male Caucasian
Rick Torcise Vice President " " " Male Caucasian
ecretary/Treasure
-- --
Adell Torcise " " " Female Caucasian
Steve Torcise, S " " " Male Caucasian
--
.
. UNANIMOUS WRITTEN CONSENT ~II
{ OF THE .DIRECTORS AND SHAREHOLDERS 99{jp. " ~"
OF ~ "~"i$ "U
FLORIDA ROCK AND SAND COMPANY,INC, 1'~l~ti; PJi ~I.
JfIl4~l OF 9$
The undersigned, being all of the Shareholders and all of the Directors of FLORIDA ~ ~~~
ROCK AND SAND COMPANY. INC., a Florida corporation (the "Corporation"), do hereby agree that, ~
upon execution of this consent, the resolutions set forth below shall be deemed to have been
adopted to the same extent and to have the same force and effect as if adopted at a formal meeting
of the Shareholders and Directors of the Corporation, duly called and held for the purpose of acting
upon proposals to adopt such resolutions. The undersigned do hereby waive all formal
requirements, including the necessity of holding a formal meeting, and any requirement that notice
of such meeting be given. The following resolutions are hereby adopted:
RESOLVED. that Article I of the Articles of Incorporation of the Corporation be deleted ~nd replaced
by new Article I. as follows:
"ARTICLE I
The name of the Corporation shall be: "ATLANTIC CIVIL, INC,"
FURTHER RESOLVED, that the President of the Corporation be and hereby is authorized and
directed, for and on behalf of the Corporation, to execute and deliver any and an documents and
instruments, and take any and all other actions necessary or desirable to effectuate the intent and
purpose of the foregoing resolution.
IN WITNESS WHEREOF. the undersigned, constituting all of the Shareholders and all
.f the members of the Board of Directors of the Corporation, have executed this unanimo s written
onsent on this day of .O~bPr.1999.
President
Chairman
Estate of Sam Torcise
Vice President
SecretaryfTreasurer
BY~~
Adell Torcise Director
.
I
~
9350 South Dixie Highway fil Suite 1250 tl Miami, FL 33156 IJJ 305-670-9610 III Fax: 305-670-6787
!vIal' 3i, 2006
Duck Key Recreational Pathway
Due Date: Alay 3i, 2006
Atlantic Civil oilers the follOlving ans\vers regarding clainls and suits in response to
Instructions to Bidders, Article V Bidding Procedure, page 00 I 00-4, Item 5.i, E 5, e:
i) Yes - see attached page
ii) Yes see attached page
ili) Yes - see attached page
i\~ No
v) No
9350 South Dixie Hi,ghwClY, #1150, Miami, FL 33156 rt 305~670~9610 rt Fa..\: 305~670.6787
May 2006
Sept. 2000
Atlantic Civil, Inc. v. IYliami Beach Redevelopment Agencv
Case No. 01-23635 CA 09 - ] ll!l Judicial Circuit
Atlantic Civil is seeking additional compensation for defective plans
and improper contract adnzinistration. nle Ci(1' of iHiami Beach
dainzs that Atlantic Civil did not complete the project within the
specified contract time.
9350 South Dixie Hi!:lhway, #1250, Miami, FL 33156 v 305-670-9610 v Fax: 305-670-6787
Bank Reference:
Wachovia Bank, NA
200 South Biscayne Blvd.
Mianli, Fl. 33131
Ms. Kimberly Snlith
305-789-4737
Business References: Anzac Contractors, Inc.
Steve McNamara
7475 S. W 50 Terrace
Miami, FI. 33155
305-669-1986
Cemex
Chris Idsardi
P 0. Box 3004
Florida City, FI. 33034
305-247-3011
Trade References: City of Florida City
Mr. William Kiriloff
404 West Palm Drive
Florida City, FI. 33034
305-242-8178
Mimni-Dade Water & Sevver Dept.
Ms. Alma Santiago
4200 Salzedo Street
Coral Gables, FI. 33/46
305-669-7753
IJ5//2/IJ6
Blanchard Machinery
Buck Walker
17110 So. Dixie Highway
Miami, FI. 33157
305-232-2255
Village of Islamorada
Ms. ZulZv Williams
Po. Box 568
l'ilamorada, FI. 33036
305-664-2345
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