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06/21/2006 AgreementDANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 7, 2006 TO: Dave Koppel, County Engineer Engineering Division FROM: Pamela G. Hanco Deputy Clerk 6 At the June 21, 2006, Board of County Commissioner's meeting the Board granted approval to award bid and authorized execution of a Standard Form of Agreement, as revised, between Monroe County and Atlantic Civil, Inc. for construction of the Duck Key Recreational Pathway for the amount of $720,146.79, and to waive any bid irregularities. 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 File/ Duck Key Recreational Pathwav Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis ofpavment is a STIPULATED SUM AGREEMENT Made as of the 21 st day of June in the year of TWO THOUSAND AND SIX (In Words, indicate day, month and year.) BETWEEN the Owner: Monroe County Board of County Commissioners 1100 Simonton Street Key West, Florida 33040 And the Contractor: (Name and address) For the following Project: The Construction Manager is: The Engineer is: Drawings were provided by: Atlantic Civil, Inc. 9350 S. Dixie Highway, #1250 Miami, FL 33156 Duck Key Recreational Pathway Duck Key, Monroe County, Florida Monroe County Engineering Division 1100 Simonton Street Second Floor -Room 2-216 Key West, Florida 33040 David S. Koppel, P.E. Monroe County Engineering Division 1100 Simonton Street Key West, Florida 33040 The Weiler Engineering Corporation 20020 Veterans Boulevard, Suite 7 Port Charlotte, Florida 33954 There is no "Construction Manager" or Architect". Any reference to these terms in this document or in any document pertinent to this project means "Owner". Contractor shall be dealing directly with Owner through its County Engineer and Engineering Division. The Owner and Contractor agree as set forth below. 2/ 14/2006 Standard Form of Agreement Between Owner and Contractor 00500-1 Duck Kev Recreational Pathway 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, Bid documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 The Work of this Contract 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. 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. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty (120) calendar days from date of Commencement subject to adjustments of the Contract Time as provided by the Contract Document. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of seven hundred twenty thousand one hundred forty-six and 79/100 Dollars ($ 720,146.79), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Substitute item 5a., 4" concrete pathway for items nos. 4 and 5, Optional Base Course and Asphaltic Surface Course. 4.3 Unit prices, if any, are as follows: As stated in Bid Proposal, attached. 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-2 Duck Key Recreational Pathway ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: Thirty days (30) after commencement of the work and every thirty days thereafter until completion of the project 5.3 County shall pay pursuant to the Florida Prompt payment Act 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each 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 of Ten percent (10°%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 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 Nine percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-3 Duck Key Recreational Pathway 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: According to applicable Florida law. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) 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 Construction Manager and Architect: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to Florida Prompt Payment Act. 7.3 Temporary facilities and services: 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or 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 of 36 months from the date of being placed on the convicted vendor list. 7.6 The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and other losses, damages, and expenses (including attorney's fees) which arise out 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 of omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-4 Duck Kev Recreational Pathwav The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier termination of this agreement. 7.7 Other Provisions: 7.7.1 Independent Contractor At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 7.7.2 Assurance Against Discrimination The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 7.7.3 Assignment/Subcontract The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed -upon price of the services/goods of the Contractor and compensation to County. 7.7.4 Compliance With Law In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 7.7.5 Insurance Prior to execution of this agreement, and maintained throughout the life of the contract, the Contractor shall furnish to the County Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability — include as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $1,000,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per person; $1,000,000 per Occurrence; and $100,000 Property Damage. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of 48 months following the termination or expiration of the contract. 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-5 Duck Key Recreational Pathwav MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability— include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $1,000,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person; $1,000,000 per Occurrence; and $100,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. C. Workers Compensation — limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 7.7.6 Contractor's Responsibility The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed herein, subject to the terms and conditions set forth in these contract documents. Contractor shall at all times exercise independent l judgment and shall assume responsibility for the services to be provided. 7.7.7 Notice Requirement Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY David S. Koppel, P.E. County Engineer 1100 Simonton Street. Rm. 2-216 Key West, FL 33040 I\VP7 Monroe County Administrator 1100 Simonton Street Key West, FL 33040 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-6 Duck Key Recreational Pathwav FOR CONTRACTOR Atlantic Civil, Inc 9350 S. Dixie Highway #1250 Miami, Florida 33156 7.7.8 Governing Laws, Venue, Interpretation, Costs, Fees This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and Contractor agree that, in the event of conflicting interpretation of the terms or a term of this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 7.7.9 Recordkeeping Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor or not paid to County pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully retained by Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid. 7.7.10 Severability If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terns, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 7.7.11 Attorney's Fees and Costs The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, court costs, investigative, and out-of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 7.7.12 Binding Effect The terns, 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. 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-7 Duck Key Recreational Pathwav 7.7.12 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 or individual action, as required by law. 7.7.13 Adjudication of Disputes or Disagreements County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the 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 Article 14 of the General Conditions concerning cancellation. 7.7.14 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. 7.7.15 Nondiscrimination County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, 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: 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 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 7.7.16 Covenant of No Interest County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 7.7.17 Code of Ethics County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statues, 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-8 Duck Key Recreational Pathway 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. 7.7.18 No Solicitation/Payment The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the 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. 7.7.19 Public Access The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 7.7.20 Non -waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 7.7.21 Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers agents or employees of any of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers agents, volunteers, or employees outside the territorial limits of the County. 7.7.22 Legal Obligations and Responsibilities Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by and participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 7.7.23 Non -Reliance by Non -Parties No person or entity shall be entitled to rely upon the terms, or any of them, of the 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. 7.7.24 No Personal Liability No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, 2/ 14/2006 Standard Form of Agreement Between Owner and Contractor 00500-9 Duck Key Recreational Pathway agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 7.7.25 Execution in Counterparts 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 any of the parties hereto may execute this Agreement by signing any such counterpart. 7.7.26 Section Headings Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 7.7.27 Contingency Statement Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 2006, and are as listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are dated on each individual drawing and are listed on the Drawing's Cover Sheet. 9.1.6 The Addenda, if any, are as follows: Number Date Pages I May 15, 2006 1 2 May 18, 2006 5 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-10 Duck Kev Recreational Pathway 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: See article 1 for contract documents This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, and three to the County Engineer for use in the administration of the Contract. L— .. 23 ys.. BOARD OF COUNTY COMMISSIONERS Y L. ]KOLHAGE, Clerk OF MONROE CO Y, FLORIDA Bp: BY Deputy Clerk Mayor/Chairman Date (SEAL) CONTRACTOR Attest: ANTIC IL, INC. By: 74hi By: ck T6rlcise Steve T rcise, r Title: Secretary Title: President o 0 0 L or- O x -n END OF SECTION 00500 r—sc sit a rrnn �D O p n Ln O MONROE COUNTY ATTORNEY /APPR ED AS TO FORM: SUAAN M. GRIMSLCrY ASSISTANT COUNTY ATTORNEY 2/14/2006 Standard Form of Agreement Between Owner and Contractor 00500-11 Bond No. 929390238 k` � O -,r AIA Document A312r'" - 1984 Performance Bond CONTRACTOR (Maine and dddress): Atlantic Civil, Inc. 9350 S Dixie Highway, Suite 1250 Miami, FL 33156 OWNER (Name and address): Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: June 21, 2006 Amount: $720,146.79 Description (Nance and Location): SURETY (Nacre and Prhrctpal Place of Business): Western Surety Company P. O. Box 5077 Sioux Falls, SD 57117 Duck Key Recreational Pathway, Duck Key, Monroe County, FL BOND Date (Not earlier' than Construction Conti -act Date): June27th,2006 Amount $720,146.79 Modifications to this Bond: PFX�Xx None = See Last Page CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Atlantic Civil, Signature: Steve T rcise, J Name and Title: President (And additional signatives appear on the last page) SURETY Company: (Corporate Seal) Western Surety Company ADDITIONS AND DELETIONS: The author of this document has added information needed for Its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as re tislons to the standard form text is available from the author and should be reviewed, A vertical line In the left margin of this document Indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has Important legalconsequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. Signature: Name said illiam L. Parker, Attorney in Fact & FL Resident Agent Title: (I -OR INFORMA TION ONLY- Maine, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Archttect, Engineer or other party): InSource, Inc. 9500 S Dadeland Blvd. Miami, FL 33156 AIA Document A3121" • 1984. Copyright 0 1984 by The American Institute of Architects. All rights reserved. WARNING: This AA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software under Order No.1000198031_1, and is not for resale. User Notes: (301585610) § I The Contractor and the Surety, jointly said severally, bind themselves. their heirs. executors. administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond. except to participate in conferences as provided in Section 3. 1. § 3 If there is no Owner Default. the Surety's obligation under this Bond shall arise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, die Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and § 3.2 fho Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Section 3. 1; and § 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surely shall promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors: or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and. as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor., § 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surely proceeds as provided in Section 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice tine Owner shall he entitled to enforce any remedy available to the Owner. § 6 After the Owner has terminated the Contractor's right to complete the Construction Contract. and if the Surely elects to act under Section 4.1, 4.2, or 4.3 above. then die responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: AIA Document A312TM -1984. Copyright © 1984 by The American Institute of Architects. All rights reserved. WARNING: This ALA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software under Order No.1000198031 1, and is not for resale. User Notes: (601585610) § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. § 7'rhe Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Constriction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors. administrators or successors. § 8 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 9 Any proceeding, legal or equitable, tinder this Bond may be instituted in any court of competent jurisdiction in the location in whch the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as it defense in the jurisdiction Of the Suit shall be applicable. § 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, § 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 12 DEFINIITONS § 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terns of the Construction Contract. § 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A312- -1984. Copyright® 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 3 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software under Order No.1000198031 1, and Is not for resale. User Notes: (3e16eee10) § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (S)Pace is provlded helom for additional sigualures of added parlies, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Cotpa•ate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA Document A392n4 • 1984. Copyright © 1984 by The American Institute of Architects. All rights reserved. WARNING: Th(s AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and crfminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software under Order No.1000198031 1, and Is not for resale. User Notes: (301585610) Payment Bond CONTRACTOR (Name and Address): Atlantic Civil, Inc. 9350 S Dixie Highway, Ste 1250 Miami, FL 33156 OWNER (Name and Address): Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 CONSTRUCTION CONTRACT Date:June 21, 2006 Amount: $720,146.79 Description (Name and Location): Bond No. 929390238 SURETY (Name and Princfteal Place of Business): Western Surety Company P. O. Box 5077 Sioux Falls, SD 57117 BOND Duck Key Recreational Pathway Date (Not earlier than Consiuction Conn -act Dare): June 27, 2006 Amount: $720,146.79 Modifications to this Bond: None ® See Last Page CONTRACTOR AS PRINCIPAL Company: (Corporate seal) Atlantic C1V11, Signature: Steve Torc�Cse, Nameand Title: President f (Any additional signatures appear on the last page) SURETY Company: (Corporate Seal) Western Surety Company Signature: Wil am L. Parker, Attorney in Fact & FL Resident Agent Name and Title: (FOR INFORMATION ONLY- Name, Address and "Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, InSource, Inc. 9500 S Dadeland Blvd. Miami, FL 33156 Engineer or other party): AIA Document A312Ta -1984. Copyright 01984 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software under Order No.10001980311, and is not for resale. § 1 The Contractor and the Surety. jointly and severally hind themselves, their heirs. executors, administrators. Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor: § 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner front claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respect to Claimants. this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. § 4 The Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial acemacy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner. within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and ,2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 5 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly slid at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of (he Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds carried by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the fluids for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to file Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software under Order No.1000198031 1, and Is not for resale. User Notes: (301686610) § 10 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 No Suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which lire Claimant gave the notice required by Section 4.1 or Section 4.2.3. or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefron and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Upon request by any person or mnity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 15 DEFINITIONS § 15.1 Claimant: An individual or entity (raving a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, beat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified oft the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with tile other terms thereof. § 16 MODIFICATIONS TO THIS BOND AREAS FOLLOWS: This bond (s giyen to comply with section 255.05 FloftStahnee, and tiny Daft instituted by a claimant tinder this bond for payment must be in accordance with the notioe and lime linthatlon provisions in Section 255AR2), Florida Swum (Space is provided belo or additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR ASP PAL SURETY Company: orporat Sal) Company: (Ca• rate Seal) Atlantic Civil, Inc h 1 , _ _ . Western Surety Company _ / Signature: Steve Tor Name and Title: president Address: Signature: Niume and Title: Winianr .Parker, Attorney in Fact & FL Resident Agent Address: AIA Document A312r" .1984. Copyright 01984 by The American Institute of Architects, All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software under Order No.1000198031 1, and is not for resale. user Notes (301686610) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William L Parker, Harold M Humphrey, Charles C Ball, Davor I Mimica, Ileana M Bauza, William F Kleis, Phillip C Lyons, Alejandro Soto, J Hayes Worley Jr, Individually of Miami, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 3rd day of November, 2005. WESTERN SURETY COMPANY eQWNq�oS f4>N D Paul Bmflat, Senior Vice President . State of South Dakota 1 ss lj County of Minnehaha On this 3rd day of November, 2005, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires *444444444444444444444444 + D. KRELL `+ November 30, 2006 NOTARY PUBLIC SEnL + SOUTH DAKOTA + �44444444444444444444444{ v K 44 7"V D. Krell, No rya CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2 7 t h day of June 2006. WESTERN SURETY COMPANY k4e opiO4\ L. Nelson, Assistant Secretary Form F4280-01-02 Authorizing By -Law .ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACORD.. i DA06(2/0DD II 6/W)' i6i PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc of Florida ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1001 Brickell Bay Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 1100 Miami FL 33131 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Transportation Insurance Co. L' PHONE -(866) 283-7124 FAX - (866) 430-1035 A t; INSURED COMPANY continental Casualty Company d Atlantic Civil, Inc. B v 9350 S. Dixie Highway #1250 ;. Miami FL 331560000 USA COMPANY Great American Insurance Company of NV s 0 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LLMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) m B GENERAL LIABILITY GL1094268924 10/20/05 10/20/06 GENERAL AGGREGATE S2,000,000 X COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY r'�n PRODUCTS - COMPIOP AGG $2,000,000 I�ilmt CLAIMS MADE X OCCUR 0 p PERSONAL ADV INJURY $1, 000,000 OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Any one fire) $500,000 c z d NED EXP(Any one person) $10,000 B AUTOMOBILE LIABILITY BUA1094268938 10/20/05 10/20/06 X A ANY AUTO BUSINESS AUTO LIABILITY COMBINED SINGLE LIMB $1, 000, 000 a BODILY INJURY ALL OWNED AUTOS U SCHEDULED AUTOS ( Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS -- - (Peraoco.ot) L>I�_ PROPERTY DAMAGE GARAGE LIABILITYf`-.., !i �, AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY'. EACH ACCIDENT - - - - AGGREGATE C EXCESS LIABILITY TUU357731406 10/20/OS 10/20/06 EACH OCCURRENCE $10,000,00 UMBRELLA FORM Commercial Umbrella AGGREGATE 810, 000,00 OTHER THAN UMBRELLA FORM Retained Limit Ampun $10,00 A WORKER'S COMPENSATION AND WC247839365 10/20/05 10/20/06 LIMIOTH-' X TTS CRYFIRP I 1 d {$dillf ! y EMPLOYERS' LIABILITY FLORIDA WORKERS COMP DENT EL EACH ACCIDENT THE PROPRIETORI INCL EL DISEASE LIMIT 81, 000,000 PARTN ERSIEXECUTWE OFFICERS ARE EXCL EL DISEASE -EA EMPLOYEE $11000,000_ DESCRIPTION OF OPERATIONS&OCATIONWEHICLESISPECIAL ITEMS Project DeSCription: Duck Key Recreational Pathway, Duck Key, Monroe County, FL. Monroe County Board is of commissioners named as an Additional Insured excluding workers' compensation and ray+ Employers' Liability as required by written contract but limited to the operations of the insured under said a-- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Monroe County Board of Commissioners EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1100 Simonton Street 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Key west, FL 33040 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attachment to ACORD Certificate for Atlantic civil, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Atlantic Civil, Inc. 9350 S. Dixie Highway #1250 Miami FL 331560000 USA ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLEWSPECIAL FTEMS contract, and always subject to the policy terms, conditions and exclusions. cancellation Provision shown herein is sub 7j ect to shorter or longer time periods depending on the jurisdiction of, and reason for, the cancellation. Certificate No: 570018355739 Duck Key Recreational Pathway SECTION 00110 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/o PURCHASING DEPARTMENT lino Simonton Street, Room 1-213 KEY WEST, FLORIDA 33040 BID FROM: Atlantic Civil, Inc. 9350 So. Dixie Hwy., #1250 Miami, FL 33156 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Duck Key Recreational Pathway Duck Key Monroe County, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perfomr and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. (Total Base Bid - words) 0 I acknowledge receipt of Addenda No. (s) have included pages 1 through 9 of the Bid Proposal which entails the Proposal Form the Non -Collusion Affidavit / , the Lobbying and Conflict of Interest Clause ./ , the Drug -Free Workplace Form y, the Bid Bondy/ , the Bidder's Insurance Statement Also include a copy of valid licenses ,/ . 2/14/2006 BID PROPOSAL 00110 -2 Duck Key Recreational Pathway (The above is intended as a courtesy review checklist of the required bid items. However, it does not imply that these are the only items needed. There may be additional requirements not listed here that are listed in other sections of the Project Manual. It is the Contactors responsibility to provide all required bid items Mailing Address: Phone Number: Date: Atlantic Civil, Inc. 9350 South Dixie Hwy., Suite 1250 Miami, FL 33156 305-670-9610-� / f . Signed:;/1 ✓M.f Steve Torcise, Jr. (Name) President (Title) Witness: --�Wdwxlx- (Seal Ri c Tc cise, Secretary 2/14/2006 BID PROPOSAL 001 10 - 3 • n ®®®BBB®888 • • : �aaaaa0000 2/14/2006 BID PROPOSAL 00110-4 Duck Key Recreational Pathway Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Requirement Worker's Compensation WC1 Statutory Limits $100,000/$500,000/$100,000 General Liability GL1 _ $100,000 per Person; $300,000 per Occurrence; $50,000 Property Damage or $300,000 Combined Single Limit Vehicle Liability VL3 $500,000 per Person; $1,000,000 per Occurrence; $100,000 Property Damage or $1,000,000 Combined Single Limit Employers' Liability WC2 $500,000 per Person; $500,000 per Occurrence; $500.000 Property Underground, Explosion And Collapse (XCU) GLXCU_ Required Endorsement. All endorsements are required to have the same limits as the basic policy. All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. 2/14/2006 BID PROPOSAL 001 10 - 6 �ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 11/08/OS PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc of Florida ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1001 Brickell Bay Drive suite 1100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR miami FL 33131 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Transportation Insurance Co. A PHONE,(866) 283-7124 FAX-(866) 430-1035 INSURED COMPANY Continental casualty Company Atlantic Civil, Inc. B 9350 S. Dixie Highway #1250 Miami FL 331560000 USA COMPANY C COMPANY D COVERAGES .:.: SIR. May Apply THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UNI1TS DATE(MM/UD/YY) DATE(MM/DD/YY) B GENERAL LIABILITY GLI094268924 10/20/05 10/20/06 GENERAL AGGREGATE S2,000,000 X COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG $2,000,000 CLAIMS MADE FX� OCCUR PERSONAL& ADV INJURY S11000,000 OWNER'S& CONTRACTOR'S PROT EACH OCCURRENCE S1,000,000 FIRE DAMAGE(Anv one fire) $500,000 MED EXP (Anv one person) S10, 000 B AUTOMOBILE LIABILITY BUA1094268938 10/20/05 10/20/06 COMBINED SINGLE LIMIT S1,000,000 X ANYAUTO BUSINESS AUTO LIABILITY ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS ( Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Pera¢ident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND WC247839365 10/20/05 10/20/06 X WOC'LIMITTATUj We LIMIT nTH. EMPLOYERS' LIABILITY FLORIDA WORKERS COMP EL EACH ACCIDENT $1,000,006 THE PROPRIETOR/ INCL PARTNERSrEXECUTIVE EL DISEASE -POLICY LIMIT S1,000,000 OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE SS,000,000- DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS i X CERTIFICATE HOLDER '.%,: '' :. —, -I CANCELLATION.I'=• •`'. _ y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 5 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-3 1195 - RD CORPORATION j Duck Key Recreational Pathway SECTION 00110 NON -COLLUSION AFFIDAVIT 1, Steve Torcise, Jr. of the city of Miami according to law on my oath, and under penalty of perjury, depose and say that: President Of the firm of Atlantic Civil, Inc. The bidder making the Proposal for the project described in the notice for calling for bids for: Duck Key Recreational P And that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County fglies upon ttae trUtfi Vf the statements contained in this affidavit in awarding contracts for said project, , ji (Signature of Bidder) STATE OF: Florida COUNTY OF: Miami —Dade 5-31-D(o (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, Steve Torcise, Jr. (nam f�ndividual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this day of May , 20 06 My commission expires: , Aw 11 MrArIVA'nmll NOTARY PUB171�CieM ,qPAW& Vickie J. Pennell .r .: Corrxnission # DD442899 :•.....• Expires August 13, 2009 ammo Tm, Fan. Im.. Inc 9WV&?M9 2/14/2006 BID PROPOSAL 00110 - 7 Duck Key Recreational Pathway ETHICS CLAUSE SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ATLANTIC CIVIL, INC. (Company) ... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the four er County officer or employee". (Signature) Date: I �� STATE OF: Florida COUNTY OF: Miami —Dade Subscribed and sworn to (or affirmed) before me on J `317(�Q (date) by Steve Torcise, Jr Personally Known (Name of affiant). He/She is personally known to me or has produced identification. (Type of identification) 'Fr Vickie J. Pelltlei NOTARY PUBLIC / a *.5 ConvNission A DD442899 %% . Expires August 13, 2009 •Fii.. 9on0etl T,o, fern-Imwe�rce. Inc Ba0.1BS701B My commission expires: 2/14/2006 BID PROPOSAL 001 10 - 8 Duck Key Recreational Pathway DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ATLANTIC CIVIL, INC. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I above requirements. certify tat this firm complies fully with the Bidders Signature a4 3c �� P D to END OF SECTION 00110 2/14/2006 BID PROPOSAL 00110 - 9 Duck Key- Recreational Pathway INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY �%YnOdiC�l�lo6nL<� .ii�k %� Liability policies are Occurrence �N��14Crt �C o I'l�Q.y Insurance Agency DEDUCTIBLES �� l'� to mC-Gt4aa�nr.2_ _Claims Made Signature BIDDER'S STATEMENT 1 understand the insurance that will be mandatory if awarded the contrxrgnd will comply in full with all the requirements. ! Atlantic Civil, Inc. Bidder �' •fit" r , Signature Steve Torcise, Jr., President INSCKLST 2'14/2006 SUPPLEMENTARY INSURANCE DOCUMENTS a Atlantic WCivil, Inc. 9350 South Dixie Highways Suite 1250 ■ Miami, FL 33156 ■ 305-670-9610 ■ Fax: 305-670-6787 May 31, 2006 Duck Key Recreational Pathway List of Proposed Subcontractors Subcontractor Community Asphalt Corp. Wire Nuts Electric of South Fla. or Carey & Knuth Electrical Contractors Family Tree Landscaping Scope of Work Asphalt Work Electrical Items Landscape Items n b N N O m m O O z a O A C.i H W x� LG w zz u Nz g Q to G W F,4 CO c. PG ". S W LL.LL q7,,W `r- W �3 5; •.. O mH f A4�c H zo x b f1 g to m H p F Z M 43 m'tD - !n M P•o M O k.x m O ato o ' 0W o ry U M h r�i I z U U ck` U .H-1 44 U W H O fn W W �UFgW O F �tM04 hUW O wF u 0 .• OH ra W 94 Ca H Om>4j 40M p UHOb P4H i4 to W>w>i co p 0 3 04 FHOF Icmy) Peg 0 Ol i O vUw MH m co0 oW4Uz ZAJ4J HMO m N Ord N $4 H OHfA co w0g a)-.� u oa W$ �r HA d g X 0 Lnsl oo FZOW FAHGa o w 0 0 0 0 a N 0 H U' al O a zz off HM to co W in N 00 od 0 °ppia LL 4 y 0 UJ N HCa H N HH �U w 0 I a w P4 P4W 7+W -1 0+ H y g z m a � z � w U CA CHA RG z w LU OOD a UH Q H z g U) ri WPANa m(nn IX .ao �H HH 0m x44 Ho GfrU H �aao¢ o zx m --HH HW �•H vcaa H z>'a >HH CB O NUF 0:D a�v] Q).4H '4 wHG HO vxi0 zz arii W R fn p iH H H HhD0 tG C5 rowNp4rnzzD-a BOARD OF DIRECTORS DISCLOSURE FOR'NI Bidder/Proposer: Atlantic Civil, Inc. (Legal name, corporation, partnership, firm) Board Member Company / Organization Telephone Number Race/Ethnicity/de nder Steve Torcise, J . President ktlantic Civil, I c. 305-670-9610 Male Caucasian Rick Torcise Vice President ecretary/Treasure Male Caucasian Adell Torcise " " " Female Caucasian Steve Torcise, S . " " " Male Caucasian UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS AND SHAREHOLDERS OF • FLORIDA ROCK AND SAND COMPANY, INC. The undersigned, being all of the Shareholders and all of the Directors of FLORIDA r .qf ROCK AND SAND COMPANY, INC., a Florida corporation (the "Corporation"), do hereby agree that, ';A upon execution of this consent, the resolutions set forth below shall be deemed to have been adopted to the same extent and to have the same force and effect as if adopted at a formal meeting of the Shareholders and Directors of the Corporation, duly called and held for the purpose of acting upon proposals to adopt such resolutions. The undersigned do hereby waive all formal requirements, including the necessity of holding a formal meeting, and any requirement that notice of such meeting be given. The following resolutions are hereby adopted; RESOLVED, that Article 1 of the Articles of Incorporation of the Corporation be deleted and replaced by new Article 1, as follows: "ARTICLE 1 The name of the Corporation shall be: "ATLANTIC CIVIL, INC." FURTHER RESOLVED, that the President of the Corporation be and hereby is authorized and directed, for and on behalf of the Corporation, to execute and deliver any and all documents and instruments, and take any and ail other actions necessary or desirable to effectuate the intent and purpose of the foregoing resolution. IN WITNESS WHEREOF, the undersigned, constituting all of the Shareholders and all wf the members of the Board of Directors of the Corporation, have executed this unanimo s written onsent on this A /( day of C�ar�l, 1999. Chairman ,/,9tpy0,Torcije, Sr. President / Steve/Torcise, Jr. Secretary/Treasurer Estate of Sam Torcise By. Adell Torcise Director 0 F--�tm Atlantic Civil, Inc. 9350 South Dixie Highway ■ Suite 1250 ■ Miami, FL 33156 o 305-670-9610 ■ Fax: 305-670-6787 May 31, 2006 Duck Key Recreational Pathway Due Date: May 31, 2006 Atlantic Civil offers the following answers regarding claims and suits in response to Instructions to Bidders, Article V Bidding Procedure, page 00100-4, Item 5.1, E 5, e: i) Yes - see attached page ii) Yes - see attached page iii) Yes - see attached page iv) No v) No 9350 South Dixie Highway, #1250, Miami, FL 33156 n 305-670-9610 n Fax: 305-670�6797 May 2006 Sept. 2000 Atlantic Civil, Inc. v. Miami Beach Redevelopment Agency Case No. 01-23635 CA 09 - I PI' Judicial Circuit Atlantic Civil is seeking additional compensation for defective plans and improper contract administration. The City of Miami Beach claims that Atlantic Civil did not complete the project within the specified contract time. Bank Reference: 9350 South Dixie Highway, #1250, Miami FL 33156 v 305.670.9610 v Fax: 305.670.6787 Wachovia Bank, NA 200 South Biscayne Blvd. Miami, Fl. 33131 Ms. Kimberly Smith 305-789-4737 Business References: Anzac Contractors, Inc. Blanchard Machinery Steve McNamara Buck Walker 7475 S. W. 50 Terrace 17110 So. Dixie Highway Miami, Fl. 33155 Miami, Fl. 33157 305-669-1986 305-232-2255 Cemex Chris Idsardi P. O. Box 3004 Florida City, Fl. 33034 305-247-3011 Trade References: City of Florida City Village of Islamorada Mr. William Kiriloff Ms. Zuhy Williams 404 West Palm Drive P.O. Box 568 Florida City, Fl. 33034 Islamorada, Fl. 33036 305-242-8178 305-664-2345 Miami -Dade Water & Sewer Dept. Ms. Alma Santiago 4200 Salzedo Street Coral Gables, Fl. 33146 305-669-7753 05112106 V,,kieBldG f 1Rcf ..... Aoc ca oa 30 c c c E v n n n Q Q Z ti cn ❑❑ a❑ 00. 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