06/18/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 3, 2008
TO:
Dave Koppel, County Engineer
Engineering Division
Isabel C. DeSantis , ^ ~
Deputy Clerk ~
FROM:
At the June 18,2008, Board of County Commissioner's meeting, the Board granted
approval to award bid and authorized execution of a Standard Form of Agreement between
Monroe County andt:harley Toppino & Sons, Inc. for the Prado Circle Stormwater
Improvements Project on Big Coppitt 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
File
Prado Circle Stonnwater Imnrovements
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Ir~y Ofrin the year of Two Thousand and of
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 1100 Simonton Street
Key West, Florida 33040
and the Contractor:
Charley Toppino & Sons, Inc.
P.O. Box 787
Key West, Florida 33041
For the following Project:
Prado Circle Stormwater Improvements
Big Coppitt Key, Monroe County, Florida
Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by
the drawings and specifications, which are a part of this bid package.
Oversight for Owner is:
Monroe County Engineering Division
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Engineer is:
Camp Dresser & McKee Inc.
800 Brickell A venue, Suite 500
Miami, Florida 33131
The Owner and Contractor agree as set forth below.
4{)1~ STANDARD FORM OF AGREEMENTBEIWFEN OWNERANDCONIRACTOR (revoo)
00500- I
Prado Circle Stormwater Imorovements
ARTICLE I
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid
Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in
this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral.
ARTICLE 2
The Work 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 Prado Circle Stormwater Improvements.
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, through the Construction Manager, in writing not less than five days before commencing the
Work. The date of commencement shall be the date specified in the Notice to proceed, issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty (60) Days after
the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document.
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved
extension in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial
Completion. The liquidated damages table below shall be utilized to 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
$50.00IDA Y
100.00IDA Y
200.00IDA Y
500.00IDA Y
SECOND
15 DAYS
$IOO.OOIDA Y
200.00IDA Y
500.00IDA Y
1 ,OOO.OOIDA Y
31ST DAY &
THEREAFTER
$250.00IDA Y
750.00IDA Y
2,000.00IDA Y
3,500.00IDA Y
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of
time on the Contract.
4IJ1i08 STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCONIRACIDR (rev08)
00500 - 2
Prado Circle Stormwater Imorovements
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract, for Prado Circle Stormwater Improvements the sum of Two Hundred and Ninety-Five Thousand
One Hundred and Twenty ($295.120.00) 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: None
4.3
Unit prices, ifany, are as follows:
As specified in Bid Proposal (Section 00 II 0).
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project
Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on
account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of
the month, or as follows:
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the
various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as
the Owner may require. This schedule. unless objected to by the Owner, shall be used as a basis for reviewing the
Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as ofthe
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 ofthe Work by the share of the total Contract Sum
allocated to that portion of the Work in the Schedule of Values, less retainage ofTen percent (10%).
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner
for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of
Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
4\)1~ STANDARD FORM OF AGREEMENrBEIWEENOWNERANDCONIRACTOR (rev08)
00500- 3
Prado Circle Stormwater Imorovements
5.6.4 Subtract amounts, ifooy, for which the Construction Mooager 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 Substaotial Completion of the Work, a sum sufficientto increase the total payments to
Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Mooager recommends
and the Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, ooy additional amounts payable in accordooce with Subparagraph 9.10.3 of the General
Conditions.
5.8 Reduction or limitation ofrelainage, if ooy, shall be as follows: None
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balooce 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 ood to
satisfy other requirements, if any, which necessarily survive final payment: ood (2) a final Project Certificate for
Payment has been issued by the Owner: such final payment shall be made by the Owner not more thoo 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 ood unpaid under the Contract shall bear interest pursuoot to the Local Government Prompt
Payment Act 218.735.
7.3 Temporary facilities and services:
As listed in Table of Contents, Section 00001 ofthe Project Manual for this project.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this
Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may
result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination, based on an
audit, that it or ooy subcontractor has committed 00 act defined by Section 287.133, Florida Slatutes, 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 ooy subcontractor is formally charged with 00 act
defined as a "public entity crime" or has been placed on the convicted vendor list.
4QWI SfANDARD FORM OF AGREEMENTBETWEENOWNERANDCDNIRACTOR (rev08)
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Prado Circle Stonnwater Imorovements
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.D17, 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 tennination 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 perfonned
entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
c) Severability: If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
t) Authority: Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action, as required
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 pUlpose 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
40Wl
STANDARD FORM OF AGREEMENTBElWEENOWNERANDCDNIRACfOR (rev08)
00500 - 5
Prado Circle Stormwater Improvements
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 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.
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 and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties.
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation
or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the obligation or
4{)],OO Sf ANDARDFORM OF AGREEMENT BEIWEEN OWNER AND CDNIRACTOR (rev08)
00500- 6
Prado Circle Stormwater Imorovements
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of
the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or
any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the County and the Contractor agree that neither the County
nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may reasonably require,
to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
s) Execution in Counterparts: This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any such counterpart.
t) Section Headings: Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will
not be used in the interpretation of any provision of this Agreement.
u) Special Conditions, 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 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 lirst ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnilication provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) Adjunction of Disputes or Disagreements: The Owner and Contractor agree that all disputes
and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida 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.
40Wl STANDARDFORMCF AGREEMENrBEIWEEN OWNERANDCDNIRACIOR (rev08)
00500- 7
Prado Circle Stormwater Imorovements
y) Cooperation: In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services under this Agreement. County and
Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong
to the County and may be reproduced and copied without acknowledgement or permission ofthe
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.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or
otherwise, with or any rights in favor of, any third party.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 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
ADril 2008. and are as follows:
As listed in Table of Contents, Section 0000 I 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
follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
Camp Dresser & McKee Inc. March 2008 construction drawings
Sheets: G-I, C-I, C-2, CD-I, M-I sealed and dated 3/31/08; Sheets E-I, E-2, E-3, E-4 sealed and dated 3/28/08.
4()]~ STANDARDFORMOF AGREEMENfBEIWFENOWNERANDCXJNIRACIOR (rev08)
00500 - 8
Prado Circle Stormwater Imorovernents
9.1.6 The Addenda, ifany, are as follows:
Addendum No.
I
2
Date
May 2, 2008
May 23, 2008
Pages
I
I
Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County
Bid Form in Section 00110.
This Agrn.el11ent is entered into as of the day and year first written above and is executed in at least four original
(;opj:e!:,f0~Whf~b~~~ is to be delivered to the Contractor, one each to the Construction Manager and Architect for use
; in the'ili!ri1iiils!ratfOll of the Contract, and the remainder to the Owner
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END OF SECTION 00500
MONROE COUNTY ATTORNEY
P~ROV.ED AS TO FORM:
. .
40Iffl STANDARDFORMOF AGREEMENTBEIWEENOWNERANDCX>NIRACIOR (rev08)
00500 - 9
FRONT PAGE
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
Bond No.: SUl018207
Contractor Name: Charley Toppino & Sons, Inc.
Contractor Address: US One at Mile Marker, 8 1/2 Rockland Key, FL 33040
Contractor Phone No.: 305-296-5606
Surety Company: Arch Insurance Company
Owner Name: County of Monroe - Board of County Commissioners
Owner Address: 1100 Simonton Street, Key West, FL 33040
Owner Phone No.: 305 295-4329
Obligee Name: Same as above
(If different from property
OWner, or Dual Obllgaa)
Obligee Address: Same as above
Obligee Phone No.: Same as above
Bond Amount: $295,120.00
Contract No. (If appllcabla) NI A
Description of Work: Prado Circle Stormwater Improvements
Project Location: Big Coppitt Key, Monroe County, Florida
Legal Description:
Various
Thla Bond haa been fumlshed to comply with the requirements of F.B. 255.05. This bond la hereby amended such thet
all provlalona and limitations, Including conditions, notice and tlma Ilmllatlona 01 F.S. 255.05(2) are Incorporated herein by
reference. Any provlalon of thla bond which confllola with or purporta to grant broader or more expanded coverege In
exceas of the minimum of the applicable atatute ahall b. deemed deleted herefrom. This bond Is a stetutory bond, not a
common law bond.
This Is the front page of Ihe Performance/Payment Bond(s) regerdless of preprinted numbers on other pages
Issued In compliance with Florida Statute 255.05.
Bond No. SUlO18207
Prado Circle Stonnwater Imol'ovements
SECTION 00850
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We Charley Toppino & Sons, Inc. ,as Principal
and Arch Insurance Company , a corporation, as Surety, are
bound toCounty of Monroe - Board of County Commissioners , herein called Owner, in
Two Hundred Ninety-Five Thousand One Hundred
the sum of$Twenty Dollars and No Cents' , for payment of which
we bind ourselves, out' heirs, personal representatives, successors, and assigns, jointly
and severally,
THE CONDITION OF THIS BOND is that if Principal:
1.
Performs the contract dated
Ownel' for consl1:uction of
,20
. between Principal and
Prado Circle Storm water Improvements
Big Coppllt Key
Monroe Connty, Florida
the contract beiug made a pal1 of this bond by reference, at the timos and in the mannerprescribcd in
the contract; and
2. Promptly makes paymenlllto all olaimantR, aR defined In Section 255,05(1), Florida StatuleR,
supplyiug Principal with labor, materiale, or euppli8lJ, ueed directly or indireetly by Prineipal in the
prosecutiou ofthe work provided for in the contract; and
3. Pays Owner alllosscs, damages, expenses, costs, and attorney's fees, including appellato proceedings,
that Owner sustains because ora default by Principal under the contract; and
4, Performs the guarantee of all work and materials furnished under tbe contract for the time specified in
the conllact, tbenthis bond is void; othelwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliance with any formalities
connected with the contract or the changes does not affect Surety's obligation under this bond.
Charley Toppino & Sons, Inc.
Dated June 5th
2008
,
Thla bend Is given to eemply with section 255.05
Florida Statules, and any acIlon inItituIId by a e1almant
II1der thIo bend for payment must be In ac:ceidance
with tl1e notice and lima limitation P/O'IISIOI1S In
Sectien 255.05 (2), Florida SlaMes
Arch Insurance Company
(Name of Surety)
END OF SECTION 00850
04/01108
PUBLIC CONSTRUCTION BOND
00850-1
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the .Cornpany") does hereby appoint
Charles W. Ball, William F. Kleis, William L. Parker, Davor I. Mimica and Ileana M. Bauza of Miami, FL (EACH)
its true and lawfUl Attoni'eY(sJ-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its aCt and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any prornissoty note, check, draft or letter of credit.
This authority does not permit the same Obligation to be split into two or more bonds in order to bring each such bond
Wlthln the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuanCe of the$e pr8seilts'Shall be as binding upon the said
Company as fully and amply to all intents and purposes, as If l/lll samll had ~ dllly executed and acknowledged by Its
regularly elected offtters at its principal office In Kansas City, MillSol!ii.. .
This Power of Atlonn\ly is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby cerIlfIed to by
the undersigned Secretary as being In full force and effect:
"VOTED, That the Chairman of the Board, the President, or any VIce President, or lhelr appointees deslgil8ted In writing
and flied with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognlzances, contracts of Indemnity and other writings, obligatory in the natura thereof, and any such
officers of the Company may appoint agants for acceptance of process..
This Power of Attorney is slgiled, sealed and certified by facsirnHe under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chalmnan of the Board, the President, or any VIce President, or their appointees
designated in writing and filed wlIh the Secretary, and the signature of the Secretary, the seal of the Company, and
certlfJCations by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company.
00MLOO13oo 03 03
Page 1 of 2
Printed In U.S.A.
~
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affIXed by their
authorized officers" this 1st day of May , 20~.
Arch Insurance Company
Attested and Certified
~
.....d
J.M
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to. me to be
the seme persons whose names are respectively as Secretary and VIce President of the Arch Insurance Company, a
corporation organized and &xlstlng under the laws of the State of Missouri, subscribed to the foregoing Instrument,
appeared before me this day In parson and severally aeknowledged lhatlhEly being thereunto duly authorized signed,
sealed with lha corporate seal and daIIvered the said instrument as lha free and voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
co-- ~~ S-- ~
Brian C. Kuhn, Notary Public
My commission expires 12-06-2011
CERTIFICATION
<XlUMOllWJ!AL11i
NOrAlt1AL
Briau C. KuIm. N<u1y PuIlIIc
City ofPhi~ Philodoljllia CoUIly
eoIIIlIIiaioa ian-bcr06,20lI
I, MartIn J. Nilsen, Secretary of the Arch Insurance Company, do hereby cert1fy lhalthe all8Ched Power of AttorneY dated
May 1, 2008 on behalf of lha person(s) as listed eboYe is a true and correct CQpy and that lha same has ~
In full force and effact since lha dale thereof and Is In full force and effact on lha date of this c;ertlfIcala, and I do further
cert1fy that lha said J. Michael Pete, who executed lha Power of AttorneY as VIce PreskIenl, was on lha date of execution
of lha all8Ched Power of Attorney the duly elected VIce President of lha Arch Insurance Company.
IN TESTIMONY WHEREOF, I heve hensunto subsCl1bed my name and affixed the
Company on this 5 day of ,Tll n" , 20--'l.a...
of the Arch Insurance
this Power of Attorney limits the acts of those named therein to the bonds and undertakings speciflC8lly named therein
and they heve no authority to bind lha Company except in the manner and to the extent herein staled.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Surety
3 Parkway, Ste. 1500
Phllactelphla. PA 19102
OOMl0013 00 03 03
Page 2 of 2
Printed In U.S.A.
ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOOfYYYY)
6/30/200a
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Seitlin Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9800 NW 41st Street, Suite 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Miami FL 33178 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(305) 591-0090 (305) 593-6993
INSURERS AFFORDING COVERAGE NAIC#
. Casualty and Sure tv
INSURED INSURER A Travelers 19038
Charley Toppino ~ 50:0.8, Inc. Eo INSURER B Travelers Indemni tv Comcanv 25658
Frank P. Toppino, as Qualifier INSURER C SeaBright Insurance Company
P.O. Box 787
Key West FL 33041 INSURER D: """ I
, INSURER E: I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH 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.
I~~: ~~~~ I POLICY EFFECTIVE POLICY EXPIRATION .
POLICY NUMBER LIMITS
I ~NERAL LIABILITY EACH OCCURRENCE , 1 000 000
DAM~~~ TO RENTED ...\
A X COMMERCIAL GENERAL LIABILITY C03202M181-PHX-08 5/19/2008 5/19/2009 ~REMISES 'i'Ea occurence , 300,000
I CLAIMS MAJE W OCCUR : MED EXP (Anyone person) , 5,000
~" PERSONAL & ADV INJURY , 1,000,000
,
f-- . GENERAL AGGREGATE , 2,000,000
~'L AGG~EnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG , 2,000,000
POLICY P,~ LOC ggr..."'...t... 2,000,000
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT ,
B -"- ANY AUTO 8103202M181-TCT-08 ~/:c;jj 'il' I (Eaaccidenl) 1,000,000
~ ALL OWNED AUTOS "()i i BODILY INJURY
(Per person) ,
- SCHEDULED AUTOS J).
-"- HIRED AUTOS ~' BODILY INJURY
lo~fY {Per accident) ,
-"- NON-OWNED AL TOS
- "" /~ PROPERTY DAMAGE ,
(Per accident)
=i~GE LIAalLlTY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC ,
AUTO ONLY AGG ,
~ESSAJMBRELLA LIABILITY I EACH OCCURRENCE , 5,000,000
A , ~ OCCUR [J CLAIMS MADE CUP3202M181-TIL-08 5/19/2008 5/19/2009 ~~EGATE , ~,OOO,OOO
,
,
8 ~EOUCTlaLE I ,
X RETENTION , 10,000 ,
C WORKERS COMPENSATIO"I AND BB1080373 5/19/2008 5/19/2009 I T~3T~r.!;!~ I IO},!-l-
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNEfllEXECUTIVE E.L. EACH ACCIDENT , 1,000,000
OFFICER/MEMBER EXCLUDI:D? E,L, DISEASE - EA EMPLOYE , 1,000,000
~~~~I~t~R~VI~1gNS below E,L, DISEASE - POLICY LIMIT , 1,000,000
OTHER I
i
DESCRIPTION OF OPERATIONS II.OCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
RE: PRADO CI:RCLE STORM WATER IMPROVEMENTS, PRJ# 0806 -
The Monroe C<::lunty Board of County Commissioners, its employees and officials will be included as
Additional I]~sured as respects to General Liability and Auto Liability per required written
contract subject to the terms, conditions, and exclusions of the policy.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOf, THE ISSUING INSURER Will ENDEAVOR TO MAIL ..lL DAYS WRITTEN
Monroe County Board of County Commissioners
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
1100 Simonton Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Key West FL 33040 AUTHORIZED REPRESENTATIVE "'1=(:::- t2~
ACORD 25 (2001/08)
@ACORDCORPORATION1988
Page 1 of 1
6/30/2008
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 Oertificate 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 (2001/08)
Page 2 of 1