06/18/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 10, 2008
TO:
Dave Koppel, County Engineer
Engineering Division
Pamela G. Hanc~
Deputy Clerk U
FROM:
At the June 18, 2008, Board of County Commiss.ioner's meeting the Board granted
approval to award bid and authorized execution of a Standard Form of Agreement between
Monroe County and B.AT. Construction for installation of a culvert at Breezeswept Beach
Estates on Ramrod Key.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
Filev~
Breezesweot Beach Estates Culvert
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis a/payment is a STIPULATED SUM
AGREEMENT
Made as of the 18th day of June in the year of Two Thousand and Eight
(In Words, indicate day, month and year.)
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners ("BOCC")
1100 Simonton Street
Key West, Florida 33040 ("Owner")
And the Contractor:
("Contractor")
(Name and address)
RA.T. Construction
127 Industrial Road, Suite E
Big Pine Key, Florida 33043
For the following Project:
Breezeswept Beach Estates Culvert
Ramrod Key
Monroe County, Florida
("Project")
Scope: The Scope of Work consists of all related construction as shown on the Drawings
and included in the Technical Specifications.
Oversight for Owner:
County Engineer, Monroe County
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
Drawings and Specification
Provided by:
Monroe County Engineering Division
The Owner and Contractor agree as set forth below.
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STANDARDFORMOF AGREEMENrBElWEENOWNERANDCONIRACTOR.
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BreezesweDt Beach Estates Culvert
ARTICLE 1
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 of this 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 Breezeswept Beach Estates Culvert Project.
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 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, 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 achieve Substantial Completion of the entire Work not later than
One Hundred Twenty (180) Days after the Date of Commencement, subject to adjustments of the
Contract Time as provided by the Contract Document
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SfANDARDFOOM OF AGREfMENTBEIWEEN"OWNFRANDroNlRACroR
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Breezesweot Beach Estates Culvert
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 Owner's signature of approval on the
Certificate of Substantial Completion. The liquidated damages table below shall be utilized to
determine 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
$50.00/DA Y
100.00/DA Y
200.00/DA Y
500.00/DA Y
SECOND
15 DAYS
$IOO.OO/DA Y
200.00/DA Y
500.00/DA Y
I,OOO.OO/DA Y
31 st DAY &
THEREAFTER
$250.00/DA Y
750.00/DA Y
2,000.00/DA Y
3,500.00/DA 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.
Balance of Page Intentionally Left Blank
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STANDARDFOOM OF AGREEMENr BElWEEN OWNER AND CDNlRACfOR 00500-3
BreezesweDt Beach Estates Culvert
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in Current funds for the Contractor's performance of
the Contract, for Breezeswept Beach Estates Culvert Ramrod Key the Contract Sum of ~
hundred and fiftv thousand ($250.000.00) Dollars, 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: Alternate B, as
attached.
4.3
Unit prices, if any, are as follows:
As specified in 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, 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.
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 ofthe 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 Owner. When both
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SfANDARDIDRMOF AGREEMENrBElWEENOWNERANDCONlRACTOR
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BreezesweDt Beach Estates Culvert
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 llggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner 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 Ninetv percent (90%) of the Contract Sum, less such amounts as the Owner
recommends and 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 retainage, 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 Project Manager: 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
Government Prompt Payment Act 218.735
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STANDARDFORMOF AGREEMENTBElWEENOWNERANDCONIRACTDR
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Breezesweot Beach Estates Culvert
7.3 Temporary facilities and services:
None.
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 Entitles Crimes By signing this Agreement, Contractor represents that the
execution of this Agreement wiII 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.
In 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 287.133, 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 notifY 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. 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 of this 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
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STANDARDFORMOF AGREEMENTBEIWEENOWNERANDCONIRACToR
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Breezesweot Beach Estates Culvert
shall 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 by law.
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 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 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,
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STANDARD FORM OF AGREEMFNrBE'IWEE'l OWNERANDCONlRACTOR
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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 Section 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. 768.28,
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 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.
n) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
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Breezesweot Beach Estates Culvert
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shaIl 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 responsibility. Further, this
Agreement is not intended to, nor shaIl 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 shaIl 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 shaIl 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 shaIl 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 shaIl
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing 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, if any are detailed in Section 01000 of the Project Manual
for this Project.
v) Hold Harmless: 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
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Breezesweot Beach Estates Culvert
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 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 for above.
The extent ofIiability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) Adjudication 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 law. 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.
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, 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.
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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: See Article I
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 February 2008, and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project, and
Alternate B.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph
9.1.3, and are as follows:
As listed in Table of Contents, Section 0000 I 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.
Contract Drawings.
9.1.6 The Addenda, if any, are as follows:
Number
I
Date
February 20, 2008
Pages
I
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.
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STANDARDFORMOF AGREFMENrBElWEENOWNERANDCDNIRACroR
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9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
Monroe County Bid Form in Section 00110, and Alternate B attached.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
ounterparts, be deemed an original contract.
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I L. KOLHAGE, Clerk
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Date
(SEAL)
Attest:
By:
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Chairman
JUN 1 8 2008
CONTRACTOR
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00500- 12
STANDARDFORMOF AGREEMENrBElWEfNOWNfRANDCDNlRACIDR
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ALTERNATED
DREEZESWEPTDEACHESTATESCULVERTPROJECT
.
B.A.T...Constnlction Tnc
,
305-296-6619 PH.
305-296-9094 FX
Contractor's License cac 012420
127 Industrial Road, Suite E
Big Pine Key, Florida 33043
April 16, 2008
Monroe County Purchasing Office
1100 Simonton Street, Room 1-213
Key West, Florida 33040
Attention: Judith S. Clark
PH: 305-292-4466
FX: 305-292-4465
Re: Breezeswept Beach Estates, Monroe County, Florida
Dear Ms. Clark:
Please find below B.A. T. Construction, fnc. 's proposal on the referenced project.
Provide labor, equipment and material to perform the following scope of work.
· Install +/- 185 LF of 60" ADS pipe.
· Install two (2) round concrete junction boxes at locations shown on attached drawing.
· Place rip rap headwall at each end of 60"ADS pipe.
· Relocation of water line.
· Repair of asphalt at trench line.
NOTE: No Landscaping or Mitigation
Lump Sum
$ 250.000
With this design, we feel we can keep within thc construction budget oU 250,000. Please advise if there are
any questions. Thank you for the opportunity to provide this quotation.
Sincerely,
~
Chris Bass
Secretary - B.A. T. Construction, Inc.
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BREEZESWEPT BEACH ESTATES cut VERT
WEST INDIES DRIVE, RAMROD KEY 33042
MONROE COUNTY: TWN 66 S: RNG 7Q J::
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PERFORMANCE AND PAYMENT BOND
(Public Work)
In compliance with F.S. Chapter 255.05(t)(a)
Bond No.: 08920138
ISSUED IN FOUR ORIGINAL COUNTERPARTS
CONTRACTOR:
Name:
Address:
B.A. T. Construction, Inc.
127 Industrial Road, Ste. E
Big Pine Key, FL 33043
Phone No:
(305) 296-6619
SURETY:
Name:
Address:
Fidelity and Deposit Company of Maryland
3910 Keswick Road,
Chesapeake Building, 4th Floor
Baltimore, MD 21211
Phone No:
(410) 366-1000
OWNER:
Name:
Address:
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
Phone:
(305) 295-4329
OBLIGEE: (If contracting entity is different from the owner, the contracting public entity)
Name:
Address:
Phone No.
Bond Amount:
$250,000.00
Project:
Breezeswept Beach Estates Culvert
Ramrod Key, Monroe County, Florida
Legal Description:
FRONT PAGE
All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be re-printed thereon.
Breeusweot Beach Estates Culvert
ISSUED IN FOUR ORIGINAL COUNTERPARTS
Bond No. 08920138
SECTION 00850
PUBLIC CONSTRUCTION BOND
BY TIllS BOND, We B.A.T. Construction, Inc.
, as Principal
and Fidelity and Deposit Company of Maryland
. a corporation, as Surety, are
bound to_ Monroe County Board of County Commissioners
. herein called Owner, in
(Two Hundred Fifty Thousand
the sum of $ 250,000.00 - and 00/100 Dollars) . for payment of which
we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
1.
Performs the contract dated
Owner for construction of
Breezeswent Beach Estates Culvert
June 18
.2008
. between Principal and
Ramrod Key
Monroe County, Florida
The contract being made a part of this bond by refereoce, at the times and in the manner prescribed in
the contract; and
2. Promptly makes payments to all claimants, as defmed in Section 255.05(1), Florida Statutes,
supplying Principal with labor, 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 sustains 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.
5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice
and time limitation provisions in Sec. 255.05(2) Florida Statues.
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
June 24
2008 . 2l00'i.
B.A.T. Construction, Inc.
(Naroe of Principal)
BY~ '0.0(.,/ J
y(s Attorney in Fact)
Fidelity and Deposit comp~
~C~ '
END OF SECTION 00850 Anett Cardinale, Attorney-in-Fact
& Florida L~censed Resident Agent
11107/07
PUBLIC CONSTRUCTION BOND
00850- 1
'--. r'L02l0,\
:, II) LAY:'"'()fn DRIVE, #301'
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the BY-LaW~Of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint James W. DUNN, David H. CARR, Carol H. ~'Margaret A,
GINEM, Linda HORN and Denise TAYLOR, all of Tam , its 0 nt and Attorney-in-
Fact, to make, execute, seal and deliver, for, and on . 0 ~. : any and all bonds and
undertakings, and the execution ofEuC n . se presents, shall be as binding upon said
Company, as fully and ampl t ieI ur . t een duly executed and acknowledged by the
regularly elected Of~:~~ai F' ore, Md., in their own proper persons. This power of attorney
revokes that issued~' . ,avid H. CARR, Carol H. HERMES, Anett CARDINALE, M.L. ORA Y,
Margaret A. GINE~ Ise TAYLOR, dated August 10, 2007.
The said Assistant Scl?~ d';;.,s hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of March,
A.D. 2008.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
L}),(~
By:
Assistant Secretary Frank E. Martin Jr.
I~;/( Z. )1,14i.O-')
--'t' .
Eric D. Barnes
Vice President
State of Maryland }ss'
City of Baltimore .
On this 3rd day of March, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
..,\\,~~I~~"J/,1.
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11"if;':\~\\\'\'
~GD 0AJ2
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 031-3190
.
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do hy the Board of Directors or hy the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
24th
day of
June
, 2008
h U} /} ,; /
/I!~l:J: -r '0
Assistant Secretary
ACORDrn CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDDfYYYY)
06/04/08
PFtQDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Lanier Upshaw, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1115 US Hwy 98 South HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 468
Lakeland, FL 33802 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Zurich American Insurance Company 26247
B.A. T. Construction INSURER B: American Guarantee and Liability Ins
127 Industrial Road, Suite E INSURER c: Commerce & Industry Insurance Co.
Big Pine Key, FL 33043 INSURER 0:
INSURER E:
Client#: 20864
BATCONS
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DQCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER P~A'-{~~::68,w,E ~~'fJf~:~~N LIMITS
A ~NERAL LIABILITY GL0925974900 05/04/08 05/04/09 EACH OCCURRENCE 51 000 000
X COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~NTED 5300 000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) 510 000
PERSONAl & ADV INJURY 51 000 000
GENERAL AGGREGATE 52 000 000
n'~ AGG~Er~r ILlMIT APMS,PER: PRODUCTS - COMP/OP AGG 52 000 000
POLICY ~~RT LOG
A ~TOM08ILE LIABILITY BAP534643402 05/04/08 05/04/09 COMBINED SINGLE LIMIT
~ ANY AUTO (Eaaccidenl) 51,000,000
- AlL OWNED AUTOS ri\ ~C .,.:2. BODILY INJURY
(Per person) 5
- SCHEDULED AUTOS
~ HIRED AUTOS 't-o~ BODILY INJURY
5
~ NON-OWNED AUTOS I~ (Peraccidenl)
Y- PROPERTY DAMAGE 5
(Per accident)
~":,GE LIABIUTY , AUTO ONLY - EA ACCIDENT 5
ANY AUTO OTHER THAN EA ACC 5
AUTO ONLY: AGG 5
B ~~SSIUMBRELLA LIABILITY AUC596775500 05/04/08 05/04/09 EACH OCCURRENCE 52 000 000
X OCCUR D CLAIMS MADE AGGREGATE 52 000 000
5
=i ~EDueTIBLE 5
RETENTION 5 5
C WORKERS COMPENSATION AND WC5314023 09/02/07 09/02/08 X I we STATU- I [OJl;"
EMPLOYERS' LIABILITY 5500,000
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT
OFFICERlMEMBER EXCLUDED'? E.L. DISEASE - EA EMPLOYEE 5500 000
~~~I~tS~~~JI~~gNS below E.L. DISEASE - POLICY LIMIT 5500 000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
10 Days notice of cancellation applies for non payment of premium.
Re: Breezeswept Beach Estates Culvert, Monroe County, Florida
Certificate holder is included as an additional insured in respects to
general liability and auto liability.
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLA TlON
Monroe County Board of County
Commissioners
1100 Simonton Street Room 1.213
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ----3L DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, UT FAILURE TO DO SO SHALL
nON OR
ACORD 25 (2001/08) 1 of 3
#S129600/M129126
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 3
#S129600/M129126
DESCRIPTIONS (Continued from Page 1)
AMS 25.3 (2001108)
3 of3
#S129600/M129126