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12/19/2007 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 28, 2007 TO: Dave Koppel, County Engineer Engineering Division PameWG.Hanc~ Deputy Clerk 0 FROM: At the December 19, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Local Governmental Agreement between South Florida Water Management District (SFWMD) and Momoe County to provide $500,000 funding for storm water management projects. Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as possible. v!contract between Momoe County and Community Asphalt Corp. for road improvements to Key Deer Boulevard, Big Pine Key. Enclosed is a duplicate original for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance w/o SFWMD document File.! Kev Deer Blvd. Roadwav [morovements Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as ofthe/1.t4ay of ~ BETWEEN the Owner: (Name and address) in the year of Two Thousand and 07 . Monroe County Board of County Commissioners 1100 Simonton Street Key West, Florida 33040 and the Contractor: Community Asphalt Corp, 14005 NW 186 Street, Miami Fl. 33018-6451 (Name and address) For the following Project: Key Deer Boulevard Roadway Improvements Big Pine Key, Monroe County, Florida Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. Oversight for Owner 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 Second Floor - Room 2-216 Key West, Florida 33040 The Owner and Contractor agree as set forth below. 5/1407 STANDARDFDRMOF AGREEMENTBETWEENOWNERANDCDNIRACIDR 00500 - 1 Kev Deer Blvd. Roadwav Imorovements ARTICLE I The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, 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. ARTICLE 2 The Work ofthis Contract The Contractor shall execute the 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. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Key Deer Boulevard Roadway Improvements. ARTICLE 3 Date of Commencement and Substantial Completion 3. I 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 for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, Milestone Schedule. 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. The date of commencement shall be the date specified in the Notice to proceed, issued to the Contractor. 3.2 The Contractor shall achicve Substantial Completion of the entire Work not later than One Hundred Twenty (120) Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to detennine the amount of liquidated damages. CONTRACT AMOUNT Under 50,000.00 $50,000.00-$99,999.00 $100,000.00-499,999.00 $500,000.0 and Up FIRST 15 DAYS $50.00IDA Y 100.001DA Y 200.001DAY 500.001DA Y SECOND 15 DAYS $IOO.OOIDAY 200.001DA Y 500.001DA Y I ,OOO.OOIDA Y 31ST DAY & THEREAFTER $250.00IDA Y 750.001DA Y 2,000.00IDA Y 3,500.00IDA Y The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 5/1407 STANDARDFORMOF AGREEMENrBElWEENOWNERANDCONIRACTOR 00500 - 2 Kev Deer Blvd. Roadwav Imorovements ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract, for Key Deer Blvd. Roadway Improvements the sum of one million, three hundred and sixty eight thousand, four hundred and eighty dollars and twenty five cents, subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Bid Proposal (Section 00110). ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment issued by the Owner, 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: 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 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 Owner may require. This schedule, unless objected to by the Owner, 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 portion 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: 5.6.1 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 ofTen 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 of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5/1407 STANDARDFORMOF AGREEMENrBEIWEENOWNERANDCDNIRACIDR 00500 - 3 Kev Deer Blvd. Roadwav Imorovements 5.6.4 Subtract amounts, if any, 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: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninetvpercent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 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 General Conditions. 5.8 Reduction or limitation of retain age, if any, shall be as follows: None 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 necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Owner: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. 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 the Local Goverrunent Prompt Payment Act 218.735. 7.3 Temporary facilities and services: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 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 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. [n addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.] 33, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notifjr the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 5/1407 SfANDARDFORMOF AGREEMENrBElWEENOWNERANDCDNlRACIDR 00500 -4 Kev Deer Blvd. Roadwav Imorovements 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 perform 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 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part ofthis contract: a) Maintenance of Records 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 pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and 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 performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. c) 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. d) 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 and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs 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. e) 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. t) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required bylaw. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) 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, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida 5/1407 STANDARDFORMOF AGREEMENTBElWEENOWNERANDmNIRACIDR 00500 - 5 Kev Deer Blvd. Roadwav Imorovements statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, 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 Act 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) The 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 USC 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 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; II) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i) 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 receive benefits as recited in this Agreement. j) 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 Sectiun 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) 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 breach 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 recover, the full amount of such fee, commission, percentage, gift, or consideration. I) 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 subject to the provisions of Chapter 119, Florida Statutes, 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. m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 268.28, Florida Statutes, 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 shaH not be deemed a waiver of immunity to the extent ofIiability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees 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. 0) 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 any partiCipating entity, in which case the performance may be offered in satisfaction of the obligation or 5/1407 STANDARDFORMOF AGREEMENrBEIWEENOWNERANDCDNIRACIDR 00500 - 6 Kev Deer Blvd. Roadwav Imorovements 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. p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement 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 contemplated in this Agreement. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. r) 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, 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. s) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. t) 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. u) Special Conditions, ifany are detailed in Section 01000 of the Project Manual for this Project. v) Hold HarmIess: 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 of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or 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 indenmify 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 for above. The extent ofliabilily is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjunction of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement 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 satisfaction 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 Jaw. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. 5/1407 STANDARDFORMOF AGREEMENTBEIWEENOWNERANDCDNIRACTOR 00500 - 7 Kev Deer Blvd. Roadwav Imorovements y) Cooperation: In the event any administrative or legal 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 other 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 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: 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 the 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. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 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. I.l 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 Auoust -07, and are as follows: Document Tille Pages As listed in Table of Contents, Section DODO! of the Project Manual tor this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as tollows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 5/1407 STANDARDFORMOF AGREEMENTBElWEENOWNERANDCONIRACIDR 00500 - 8 Kev Deer Blvd. Roadwav Imnrovements Contract Drawings. 9.1.6 The Addenda, if any, are as follows: None 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. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. BOARD OF COUNTY COMMISSIONERS OFMONROECOUNT(L:LORIDA J ~ Mayor By Date OEe 1 9 2007 (SEAL) Attest: CONTRACTOR By: By: Title: END OF SECTION 00500 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: ~~~'CM~.I1tAI.1. HRISTI E . L\MBERT-BARROWS ASSISTANT r,OUNTY ATTORNEY Date /'2./10 IY7 , I '7 -. C) Q M~!~ ~~~' c-. ,.." = = ...... g " N CO " ::r ~ c.n ......, J .','"1 --fe' " ,,-,~~,- --r; ,- , -, r"1 5/14107 STANDARDFORMOF AGREEMENT BElWEEN OWNER AND CDNIRACIDR 00500 - 9 Key Deer Blvd. Roadway Inmrovemenls SECTION 00850 PUBLIC CONSTRUCTION BOND rom lID. 104974943 BY THIS BOND, We <JM'1JNTIY ASmALT fiRP. . as Principal and 'IRAVELERS CASUALTY AND SURETY <IMPANY OF AMERI0a corporation, as Surety, are boimd to MJNRoE CUJNIY BJARD OF CUJNIY CIM1ISSICNERS . herein called Owner, in the sum of $ 1,368,48:>.25 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDmON OF TInS BOND is that if Principal: 1. Performs the contract dated construction of . 2007 between Principal and Owner for Key Deer Blvd. Roadway 1m provements Big Pine Key Monroe County, Florida the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05( 1), Florida Statutes. supplying Principal with labnr, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustalns because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Dated Novenber 3J ,2007. cr.tffJNTIY ASmALT fiRP. (N_Of~ By (As Attorney Fact . ANUt:L. PRE 'IRAVELERS CASUALTY Ai'ID SURETY <IMPANY OF AMERICA (Name of Surety) ~~k,);:fy"-&~~ Agent END OF SECTION 00850 5/l4/07 PUBLIC CONSTRUCTION BOND 00850-1 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION !TJ'- '\;0""''/ State of Florida ) County of Miami-Dade, ) On the 30 day of /JU,JfkY' ,2007, before me personally came JOSE L.ft~ . . ~ me knowp..who, being duly sworn, did depose an ffie:resldes at ~ ,... 1 , that (s)he is the ~S '.UtI of Co munity Asphalt Corp., the Corporation described in and which executed the above instrument; and that s(he) signed his/her name thereto by order of the Board of Directors of the said Corporation. ~ Mt#~ Notary Public - Notary Public State of Florida Ana P Schmidt My Commission 00455083 Ex,ires 07/26/2009 ACKNOWLEDGEMENT OF SURETY State of Florida County of Miami-Dade, ) ) On the 30th day of November, 2007, before me personally came Sonia M. Paneque to me known, who, being duly sworn, did depose and say that (s)he resides at Miami, Florida, that she is the Attorney-In-Fact/Fla. Res. Agent of Travelers Casualty and Surety Company of America, the Corporation described in and which executed the above instrument; that s(he) knows the seal of said Corporation; that one of the seals affixed to the foregoing instrument is such seal; that it was so affixed by order of the Board of Directors of said Corporation; and that s(he) signed his/her name thereto by like order. , \ LL. Notary Public ~ .. -- - _. .....''10.. "'1lIR~ OLGA L IGLESIAS \ ."rot'" MYCOMMlssrON# 00554180 ,.. EXIJiRES May 21, 2010 (40'f)3&8-o153 Flont!a Notary S8fYJce.com RESIDENT LICENSE ALEX SINK Chief Flnanc'a~Omcer StateDf Florida SONIA MARIE PANEQUE Lic!!,f\!;e Number A199654 ,',",-" . IS LICENSED TO TRANSACT THE FOLLOWING CLASSES OF INsURANCE Gen~ra1 Lines (Prop & Casu) 08/14/1985 .,., :. .":- '~,j'j~ .~, 'T .,,'v. "!I'~ -..... TRAVELERs CASUALTY AND SURETY COMPANY OF AMERICA ASSETs" CASH &. INVESTED CASH BONDS STOCK lNvES""ENT INCO>,!E DUE AND ACCRUED PREi!lUM liiILANCE$ RElNsuRAi'/CE'.Ri;COVERABLE NET OE1;ERREq 'fA?( AS,SET CEDED OEpOlI/T ASJlet STATt S\J~GES RECEIVABLE OTHER ASsEts ' TOTAL ASSETS STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTI'ORD )8S, HARTFORD, CONNECTICUT 00183 FINANCIAL STATEMENT AS OF DECEMBER 31,2006 $ 114.080.791 2,912.111.671 14)365,1815 3'4,Q78.331 1"".1!;7.~98 S,.~.m 4Z,7~.29Q M3U~' 14Msq (4.414.0<10) $ S.291.414.63a CAPITAL STOCK $ 6.000.000 LIAS-Ill'S' & SURPLUS UNEARNED PREMIUMS LOSSES LOSS AOJU$Th1ENT EXPENSES COMMISSIONS TAXOs, LiCCNSES AND FEES O'Ii4ER EXPENSES ljlvioENbs CLlRRENTF'EDERAi.ANPFORElGN INCOME, TAXES CEDED REINSuRANcE NET PREMIUMS PA'r'AlllE FUNOS HELDUNOER REINSURANCE TREATIES AMollflTswn'HHELO I.RETAlNeD BY COMPANY FOR OTHERS RE~n'TANCES AND ITEMS NOT ALLOCATED PROVl!l10N FOR'RElNsVRANCl' PAYABLE TO PARENT. SUBSIDIARIES & AFFtUATES PAYABLE FORSECURITI.S RETROACTIVE REINSURANCE RESERVE ASSUMED OTHER ACCRUED EXP.NSES AND LIABILITIES TOTAL L1ABIUTIES CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS TOTAL LIABILITIES & SURPLUS $ 724.MO,436 67~"'.753 128.,1861:154 28.073.926 Zl.233,7112 SO.823.926 7,oilO,28<l S8.726.83Z (4.981,6IlZ) S9.0!;4,33Z 3Q,096.8:39 60,286,233 5,6i7;01l 85.206.778 4.976..100 2M45,771 119.334 $ 2.163,513.185- $ 6,000,009 303,297.4OZ 818.003.349 $ 1.127.900.751 S 3,ZI,1,414',636 LAWRENCE A. SIUTA. BEING DULY SWORN. BAYS THAT HE IS CHIEF FINANCIAL OFFICER. TRAVELERS BOND a, FINANCIAL PRODUCTS. OF TRAVELERS CASUAl1Y SURETY COMPANY OF AMERICA, AND THAT TO THE BeST OF HIS KNOWLEDGE:: AND BELIEF. THE FOREGOING IS A TRUE MlDCORRECT STATEMENT OF THE FINANCIAL OONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 200ft SUBSCRIBED AND 'WORN TO BEFORE ME THIS ~TH OilY OF MA~cH; 200'7 ..iI"~I"'" ..,~~~'~ P. NOft.~.o ..4"~V" /'.r"'" $ . ....... ~ ~ ~ ~ '* -k: # ~ " . . . ,.,., " " . ~, : " . ........,.0 0"'....... "';,~.O.Jo..'NEC\\O ,,9-." .....~Hnl;"...~. -:f"~.k_,,.~~_~. ~/~ NOTARY PUBLIC Anna P. Nowik Nolary Public My Commission Explrel1 June 30, 2011 WARNING: THIS POWER OF ATT NEY S INVALID WITHOUT THE RED BORDER e TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company S1. Paul Fire and Marine Insurance Company S1. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 218512 Certificate No. 0 0 15 6 613 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that S1. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company and S1. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sonia M. Paneque, and Jose L. Rodriguez of the City of Miami , State of Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in thei~ business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peQIiifted in anyibpons or"pl'Qceedings allowed by law. ,-. "'..\\' ,".,e" "'i"..)" ,. ..-\--;::.-...} Farmington Casualty C~p~y:,;;\>\ Fidelity and GuarantY'Jn!iur~~,€"o"mpa~~,'\'_-\ Fidelity and Guaranty Insu'r~'ilce'Underwrite~s, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company seals to be hereto affixed, this 9th IN WITNESS WHEREOF, the Companies have caused this d f April 2007 'y 0 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company e ~ ~ State of Connecticut City of Hartford ss. By, 9th April 2007 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, r hereunto set my hand and official seal. My Commission expires the 30th day of June, 201 I. '<<\w C, j~ '- Marie C. Tetreault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF Ana NEY IS InVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Fannington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregOing authority to one or morc officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in~Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SU;f~~5n~pal)Y'l;,~Ameri~a~nd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the PO~%~\Aito~~tX~ted ~~~fa"tompanies, which is in full force and effect and has not been revoked. '. ~,_~" . ,,'t ,,'- . ~..". ~'\....,'i "i";>'\ .,', ,C}'\;,,,_~' ..' i'" IN TESTIMONY WHEREOF, I have heceunto set my han~O'l~~~ ~~lS\:P;~,\1I:,iiinpanies this 30th day of ",,'~(,'~J,,", ~ ""\ ' ,\, Kori M. Johans Assistant Secretary ...... Novanber ,20 07, e ~ ~ To verify the authenticity of this Power of Attorney, call1-800-42]-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF AnORNEY IS INVALID WITHOUT THE RED BORDEA ACORD,. CERTIFICATE OF LIABILITY INSURANCE OATE(MM/DD/YYYY) 11/29/2007 PRUO~~riR Ri sk servi ces, Inc of Fl or; da 1001 Brickell Bay Drive sui te 1100 Miami FL 33131 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICA T[ KOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 'THE COVERAGE AFFORDED BY THE POLlClES BELOW. PIIONE.(866) 283-7122 "AX, '847' 953~5390 INSURERS AFFORDING COVERAGE NAIC# .. INSlIRFRA Zuri ch AIDer; can Ins Co 16535 . . INS1..1RER B AIG casualty company 19402 = C 19380 . INSURERC American Home Assurance Co. ;S . lNSLRERD . ." '0 INSURERI' ffi: :: I"ISl'Rt:O community Asphalt corp. 14005 N.w. 186th Street Hialeah FL 33018 USA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE mR THE POLICY PERIOD INDICATED" NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH1CH THIS CERTIFICATE MAYBE iSS.UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUClES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRI^; , LTR IINSR TYPE Of INSUR,\NCE POLICY NUMBER c GL1616951 POLICY EffECTIVE POLICY EXPIRATION DATEII\.IM\IlDWY) IlATE(MI\.1\DOIYY) 07/01/07 12/31/07 \ \0 j &<-l~ 11'"r 1(1\: ' :'- GIONERAL AGGREGATE UMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (b occurenee) nvoncpcrson) Sl,750,OOO BOO ,000 ~ERAI. LIABILITY X CUMMERClAL GENERAL LIABILITY CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $1,750,000 S3,750,000 B,750,000 GEN"L AGGREGATE L!"Uf APPLIES PER: _ ' PRODUCTS - COMPiOP A("]{; o POLICY IVl PRO- 0 LOC L.J .IECT c AUTOMOBILE LIABILITY rx ANY AUTO ~ ALL OWNED AUTOS - SCllEDULED AJ.;TOS - HIRED AUTOS - NON O\VNED AnOS - - cA8262782 07/0l/07 12/31/07 $750,000 COMBINED SINGLE LlMlT {E. "eeidcnl) BODILY INJURY (Pc'pcI'S"ll) BODILY INJURY (Pe..ceidenl) PROPERTY D,"JvlAGE {P'"T"cei<Jentl A GARAGE LIABILITY B ANY AUTO EXCESS IUMBRELLA LI,\BILln" D OCCljR D ClAIMS MADE AlITO ONLY" EA ACCIDENT OTllER TlIAN EA ACC AlIIO ONLY AGG "/H/u7 EACH OCCURRENCE AGGREGATE >>.UUU.UUU $5,000,000 07/01/06 AEC937514603 BDEDUCTlBLE RETENTION B wC~J5 0',0",' "'l'i(U, X I~!C STATL'I lOTI!- TOR n~ lr.D EL EACllACClDENT EL DISEASE_fA EMPLOYEE E.L DISEASE-PULlCY LlMI'l $1,000,000 $I, 000,000 $1,000,000 WORKERS COMPENSATION AND [I\-1PLOYERS'LlABILlTY At\Y PROPRIETOR,' PARTNER i EXECUTtVE OFFICERiMEMBER EXCLUDED" 11J~"" de,eribe undcl' SPECIAL PROVISIONS below OTlIER DES("RI PTION OF OI'ERA TIONSiLOCA1IONSNEIIICLESiEXCLUSIONS ADDED BY ENDORSE:VIENTiSPEUAL PR{)VISIONS RE: project: Key Deer Boulevard Roadway Improvements, Big pine Key, Monroe County, Florida; CAC #5970. Monroe c~un~Y"Engineerin~ Division,is added as an Addi~i~nal Insured excluding workers' compensation and Employers' Llablllty as requlred by wrltten contract but llmlted to the operations of the Insured under said contract, and ICERTlFlCATE 'ANC'VLL'TI"I'I .i '.", Monroe County Engineering Division 1100 Simonton Street, second Fl-Rm 2-216 Key West FL 33040 USA SIIOLILD ANY Of TilE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TIIEREOF, TItE ISSUING INSURER WilL ENDEAVOR TO MAIL :\11 DAYS WRITTfN NOTI('E TO TIlE CERTIFICATE IIOLDER NAMED f(l TIlE LEfT" BLT I-AILl'1n:ro DO so SIIALL IMPOSE NO OBLtGATION OR LIABILITY ()F ,'INY KIND LPn:" TilE INSURER" ITS AGENTS OR REPRESFNTAT1\TS \\.:T1I()RII.EFlRI-.I'RFSENTATIVf ,40.. ~ Se.....:.:<d. 1~. .;.?~ ORP""^TTON 1~8 ACORn 2< I1fiO' 10"' o N ~ m '" '" '" N o o ~ ~ o Z ~ . u !E . . U - ~ - ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ - Attachment to ACORD Certificate for co"","oi'y Mpho" Co'p. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description afthe coverage afforded by the insurer{s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INStlRF:n community Asphalt Corp. 1400S N.W. 186th street Hialeah FL 33018 USA INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. i\()!)'L POUCY NlIMBER roue\' POUC'Y INSR INSRD TYPE: ai'lNSURANCE POLICY DESCRlPTION EH"ECT1VE EXPIRATION L1M'n;. I.TR DATE IHn: DESCRIPTION OF {)PERATIONSiIOCATlONS/VEIlICLES/EXCLUSIONS ADDED BY ENDORSEMENTiSPEClAL PROVISIONS always subject to the policy terms, conditions and exclusions. cancellation provision shown herein is subject to shorter or longer time periods depending on the jurisdiction of, and reason for, the cancellation. Certificate:"lo : 570026113520