09/16/2020 Agreement _a q\\II9-5? II
=a '' Kevin Madok, CPA
/tit 115
11 , .
da• m Clerk of the Circuit Court&Comptroller—Monroe County, Florida
:
DATE: October 22, 2020
TO: Breanne Erickson, Contract Administrator
Project Management
FROM: Pamela G. Hancoc'k;'Ya.C.
SUBJECT': September 16"BOCC Meeting
Attached is an electronic copy of each of the following items for your handling:
CI Contract with Charley Toppino&Sons in the amount of$530,029.50 for the
construction of the Reduced Scope East Martello Drainage Phase II Improvements to be paid by
Tourist Development Council Grant k2158.
C3 Contract with Charley Toppino&Sons, Inc. in die amount of 8378,000.00 for die
construction of the Clarence Higgs Beach Sand Replenishment Project to be paid by Tourist
Development Council Grant No. 1759.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney -
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 16th Day of September 2020
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Charley Toppino & Sons, Inc.
129 Toppino Industrial Drive
Key West, Florida 33040
For the following Project: REDUCED SCOPE EAST MARTELLO PHASE II
DRAINAGE AND PARKING IMPROVEMENTS
Scope of the Work
The Scope of Work has been modified due to available funding and shall include, but not
be limited to, all work listed below and detailed in the Project Drawings and Specifications.
The Contractor shall furnish all labor, supervision, materials, power, tools, equipment,
supplies, permits and any other means of construction necessary or proper for performing
and completing the Scope of Work, unless otherwise specifically stated
Scope of work shall include the following:
1. Site work at East Martello property, including regrading of gravel road, addressing
drainage issues, site lighting, site irrigation, fencing, and landscaping.
2. Prepare the site by providing all necessary erosion control.
3. Clear the site as indicated in the drawings by removing the identified vegetation,
miscellaneous debris, existing fountain structure, overhead power line and pole,
existing PVC fencing, and existing chain link fencing.
4. Furnish & Install ADS piping and inlets per drawings.
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5. Furnish & Install Irrigation system per drawings.
6. Furnish & Install Painted fencing per drawings.
7. Site Grading to be executed per drawings.
8. New gravel road to be placed per drawings.
9. All Cut/Fill is to be the responsibility of awarded contractor.
10. Site Energization is to be furnished and installed per the drawings.
11. This project requires the payment of mitigation fees for the removal of trees.
Contractor is required to pay mitigation fees and should incorporate those fees into
their proposal bid price
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. 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. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
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: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Twenty (120) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work
of the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
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Management'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.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recover of dam@ es and sole remedy for,any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations
under this Agreement will be excused to the extent that the delay or failure was caused directly
by an event beyond such Party's control, without such Party's fault or negligence and that by its
nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic
area of the Project; (d) government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine. The Contractor may only seek a no
cost Change Order for such reasonable time as the Owner's Representative may determine.
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 Five Hundred Thirty Thousand Twenty-Nine and
50/ 00 Dollars 530 029.50 , 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: N/A
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
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5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management 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 (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act, Section 218.735,
Florida Statutes. The Contractor is to submit to the Owner invoices with supporting
documentation that are acceptable to the Monroe County Office of Clerk and Comptroller
(Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles
and such laws, rules and regulations as may govern the disbursal of funds by the Clerk.
The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate
will be provided by the Owner upon request.
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 Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, 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 the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management. 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;
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5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of Project
Management.
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, final
inspection of all work has been completed, all permits have been closed and the work has been
accepted by the Owner 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 approval for payment has been
issued by the Director of Project Management. Such final payment shall be made by the Owner
not more than twenty(20) days after the issuance of the final approval for payment. The following
documents (samples in section 01027, Application for Payment) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
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G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department.
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 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
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 proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
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 thirty-six (36) months
from the date of being placed on the convicted vendor list.
7.6 The following items are included in 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. Records shall be retained for a
period of ten (10) years from the termination of this Agreement or five (5) years from
the submission of the final expenditure report as per 2 CFR §200.33, if applicable,
whichever is greater. 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
(4) years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully retained
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by the Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies
were paid by the Owner.
Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files(including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. 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, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid
to Contractor. The Right to Audit provisions survive the termination or expiration of
this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations 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.
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,
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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.
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.
f) 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. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of the funding that
effect the Project will be provided to each party.
h) 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 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 Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Paragraph j, Article 7.4 or Article 8 concerning termination or
cancellation.
i) 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.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
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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. The parties 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 VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 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§ 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527(42 USC §§ 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 §§ 3601 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§ 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 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.
k) 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.
1) 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.
m) 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.
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n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. 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 former County officer or employee.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" 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 contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
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Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County 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.
q) 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
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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.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor 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.
s) 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.
t) 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.
u) 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.
v) 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 signing any such counterpart.
w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury(including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)
Page 12 of 18
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project(to include 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. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
x) 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.
y) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform
contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts,
entered pursuant to this Agreement.
z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
Page 13 of 18
aa)Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
bb) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall be
construed so as to find Contractor or any of its employees, subcontractors, servants,
or agents to be employees of the Board of County Commissioners of Monroe County.
cc) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to
the following persons:
For Contractor: Richard Toppino, President
Charley Toppino & Sons, Inc.
120 Topping Industrial Drive
Key West, Florida 33040
For Owner: Director of Project Management Assistant,County Administrator PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five(5) calendar days'written
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Page 14 of 18
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination,the County shall provide Contractor with seventy-two(72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
Page 15of18
a) Specifications for East Martello Drainage and Parking Improvements Phase 2, dated
June 2019.
b) Drawings Dated 6/13/19: Al, D1, A2, A3, A4, A5, A6, A7, C-1, C-2, E1, E2, E4, E5,
1-1.01, 1-1.02, 1-1.03, L2.00, SO, S1, Revised Drawing: E3 02/05/20,
and Revised Drawing : 1-1.00 VALUE ENGINEERING 8/14/20
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: N/A
9.1.4 The Addenda, if any, are as follows:
Number Date Page
1 5/26/2020 3
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 16 of 18
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE CO NTY, FLORIDA
By:
i D-•uty , lerk ay rl airman
1 , Lr' z 7-0-o o
�.�. 6 MONNOEry ATTORNEYS OfIKE
APPROVED AS TO FORM
1) .< l ( . .
TANT COUNTY A °RNEY
-- DATE: A-41-9n7n
•2 RACTOR'S Witnesses Attest: CONTRACTOR: CHARLEY OPPINO
•ntractor must provide two witnesses AND SONS„TC.
signature. ILL.
Signature
Signature. ,_. Print Name: ' / pi
Print Name: - Title: /74 i?' i
Date: $//70.(?mob Date: u 3I w
•
and /
Signatur : S
is O0
Print Name: =ir —I -n
N
Date: art5 3 - ro
= m
C
STATE OF .— L , COUNTY OF RON1 'Oe
tA9 c
On this 3l day of i.Qt-.- , 202A), before me, theiztdersigned notary pubit,
by means o physical presenne or O online, personally appeared/ ,e beln - I elitti.ti>
known to me to iha f � h CR R�.>,o I� hse bed above or who produced
as identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for REDUCED SCOPE EAST MARTELLO PHASE II
DRAINAGE AND�PAARKING IMPROVEMENTS for the purposes therein contained.
Notary Public/4 .L
Print Name .R,.tro.rl --zCZAt&g, MICHAEL LABRADA
C. S1ato 01 rlonda-Notary Public
My commission expires: (Seal) _ C1H.c��s,;n;e:�o�E1�o yet:�i ::
June 19, 2021
Pagel]of 18
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information—(RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Page 18 of 18
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
SECTION 00120
NON-COLLUSION AFFIDAVIT
1, Richard Toppino of the city Key West
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am President
of the firm of Charley Toppino & Sons, Inc
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
East Martello Phase 11 Drainage and Parking Improvements
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal 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 proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The s atements contained in this affidavit are true and correct, and made with full
kn I of Ad projoct.
AWL-
(Signature of Propo er) (DaIr
STATE OF: FL
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of Kphysical presence or D online
notarization, on A il-"' (date) by
(name of affiant). He/She is personall known
to me or has produced (type of identification) as
identification.
M HAEL LABRADA
of Florida-Notary
GG 163 OTARY PUBLIC
1
My Cornet anion F-,,,.
(SEAL) M
dune 2021
My commission expires:
PROPOSAL FOR 00 120-Page 30 of 218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Charley Toppino & Sons, Inc it
(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 former
County officer or employee".
A
A-L-4
(Signature)
Date: /7
STATE OF, FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirm before me, by means of K physical presence or 0 online
notarization,on f 2-4 -(date)
by S n r-> (name of affiant). He/She is o me
or has produced as identification. (Type of identification)
NOTARY PUBLIC
M1
My commission expires: (SEAL) "" CHAELLABRADA
t
,Vl'_State of Florida-NotsrY Public
*z Commission # GG 116317
I My Commission Expires
Ia June 19, 2021
0
poll,
PROPOSAL FOR 00 120-Page 31 of 218
EAST MARTE0LO PHASE 11DRANNAGE AND PARKING IMPROVEMENTS
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.UB7 hereby certifies that:
CharlLy Toppino & Sons, Inc
(Name ofBusiness)
1' Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
poasesoion, or use of controlled substance is prohibited in the workplace and specifying the
actions that will betaken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the wmrkp|aoe, the business's policy of
maintaining a drug-free xvodkp|aoe, any available drug couneeUng, nahabi|itction, and employee
assistance prognamm, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
4. |n the statement specified in subsection (i), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal,the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nu|o
contmndans to, any violation of Chapter 8Q3 (Florida Statutes)urof 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. Imposes a sanction on or require the satisfactory participation in adrug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
� G' K8ehes a good faith effort tocontinue tm maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, | certify y_ iyZ_
rn complies fully with the above
� Orr
requirements.
�
'
/ *
| Date
STATE FL
COUNTY K0C>MROE
Subscribed and sworn to (or affirmed) before me, b1jr Means ofX physical presence or 0 online
notarization, on (date) by nt).
(name of affia
� ' '~S''e '" or has produced (type of'"=''""ca"°' )
as identification.
NOTARY PUBLIC
(SEAL) K8y commission expires:
i PFlCJPOS8LFOFlK8 OD12O-Page 32of218
State of Florida-Notary Public
My Commission Expires
EAST MARTELNO PHASE NNDRAINAGE AND PARKING IMPROVEMENTS
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 022-2009. as amended by Ordinance No.
004-2015. must complete this form.
Name cf Bidder/Responder Charley Toppinm &Sons, Inc Date: Z t-Z C>
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated
at least one(1)year prior to the notice of request for bids or proposals? Yes (Please furnish copy.)
2. Does the vendor have e physical business address located within Monroe County from which the vendor
operates or performs business on e day to day basis that is a substantial component of the goods or
services being offered tu Monroe County? YpS
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1)year prior to the notice of request for bid or proposal.)
List Address: 129 Topping Industrial Dr, East Rockland Key, FL 33040
Telephone Number: 305-28G-56O6
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
� construction tm local businesses meeting the criteria above msto licensing and location? NO
If yes, please pnoxide.-
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated
� at least one (1)year prior 10 the notice ur request for bid orproposal.
�
2. Subcontractor's physical business address within Monroe County from which the subcontractor operates:
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1)year prior to the notice of request for bids or proposals)
Tel.Number
Richard Toppino
Print Nome:
Si6nature and Title ofAuthorized Signatory for
STATE OF COUNTY OF �ApU��
On his day ofundersigned notary public,
� personally appeared IIIA/14/ by means of q physical presence or []
|
online notarization, ' above or who produced
as identification, and acknowledged that he/she is the person who executed the
above Local Preference Form for the purposes therein contained.
Wiy commission i SEAL
Print Name
(*Q� Slate of r-jorida-N 7
otary Public
o
IF 110,1� June 19.
PROPOSAL FORM 00120-Page 33of218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
PUBLIC ENTITY CRIME STATEMENT
"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 a contractor, supplier,subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither Charley Toppino & Sons, Inc
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
—/Zz
(Signature)
z' ZO
Date:
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of El physical presence or El online
notarization, on the JZ, day of <SlAe, 2L2u
20 by Richard-Toppino (name of affiant). He/She is p-emnafty-
know e or has produced (type of
identification) as identification.
My Comm7 sion F-xpZir-s.-
X7 1141ellz I ��( (SEAL)
NOTANY PU6_56 ........
NO MICHAEL LABRADA
;4�,�,I�State of Florida-Notary Public
*�z:: Commission # GG 116317
"o My Commission Expires
June 19, 2021
PROPOSAL FORM 00 120-Page 34 of 218
EAST MARTEU WO PHASE 18 DRAINAGE AND PARKING IMPROVEMENTS
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
PnojectDesorpUon(o) East K8arte||D Phase ||
Respondent Vendor Name: Charley Toppino & Sons, Inc
Vendo/FE|N: 50-2426906
Vendor's Authorized Representative Name and Title, Richard Toppinn, President
Address: 129 Toppino Industrial Or
City: Key West State: FL zip: 33040
Phone Number 305-296'5606 Email Address:
.Section 207.135. Florida Statutes prohibits a company from bidding on, submitting e proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
� 215.4725. Florida Statutes, or is engaged in e Boycott of Israel. Section 287,136, Florida Statutea, also
prohibits a company from bidding on, submitting o proposal for, or entering into or renewing a contract for
goods or services of $i.00D.00O or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant tos. 215,472. Florida Stztutes, or is engaged in business operations in Cuba or
Syria.
� As the person authorized to sign on behalf ofRespondent, | hereby certify that the company identified
� above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
� either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in
� the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
' | understand that pursuant tu Section 287.135. Florida Statutes, the submission ofa false certification may
subject company to civil pene|tiea, aborney'sfeen. and/or costs. |further understand that any contract with
' the County may be terminated, at the option of the County, if the company is found to have submitted o
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
m boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba orSyria.
Richard
Certified By: who iaauthorized
to sign on behalf of the a n comp
97 Print Name�
Title: President
Note: The List are available et the following Department of Management Services Site:
ended
PROPOGALFORKA OO12O- Page 35of218
�
LISTINGEAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
SUBCONTRACTOR
Division Subcontractor Contact Person Ph#Wares code Fax Cell: Address
02900 Blue Native Albert Martinez 305-393-1325 305-489-6489 155 Toppino Industrial Dr, Key West, FL 33040
02820 Florida Fence Corporation 305-852-4324 PO Box 227 Tavernier, FL 33070
16500 Pedro Falcon Contractors Roman Sviridenko 305-872-2200 305-872-2219 31160 Ave C. Rig Pine Key, FL 33043
PROPOSALFORMa 1a-Page 36 of 218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: EAST MARTELLO PHASE 11 DRAINAGE
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes
and the requirements of Florida Statutes, Chapter 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 maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the 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 a 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.
PRE-PROPOSAL SUBSTITUTIONS 00140-Page 39 of 218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: EAST MARTELLO PHASE 11 DRAINAGE
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract,the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum:
a Premises Operations
• Products and Completed Operations
® Blanket Contractual Liability
0 Personal Injury Liability
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit
An Occurrence Form policy is preferred. If coverage is 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 twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
PRE-PROPOSAL SUBSTITUTIONS 00 140- Page 40 of 218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
EAST MARTELLO PHASE 11 DRAINAGE
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
0 Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
PRE-PROPOSAL SUBSTITUTIONS 00140-Page 41 of 218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $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
General Liability, including $1,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit
If split limits are preferred:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
Builder's Risk: Not Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida.
of Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury (including
death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that
may be asserted against, initiated with respect to, or sustained by, any indemnified party by
reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of
Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's
default in respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of
its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of
liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat.,
Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
PRE-PROPOSAL SUBSTITUTIONS 00140-Page 42 of 218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include 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. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
Charley Toppino & Sons, IncjF
PROPOSER signature
PRE-PROPOSAL SUBSTITUTIONS 00 140-Page 43 of 218
EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS
INSULT Nrs STATEMENT
I have reviewed the above requirements with the proposer narred above. The following
deductibles apply to the corresponding policy,
POLICY DEDUCTIBLES
Liability policies are--l.-_�cCurrence —Claims Made
lk�
Insurance Agency Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS
DATE(MMIDDIYYYY)
ACCM?"' CERTIFICATE OF LIABILITY INSURANCE 5/19/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
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 ondorsement(S).
PRODUCER CT
NAME:
Marsh & McLennan Agency LLC PHONE FAX
I�Vc, 305-591-0090 (me,to)�212-948=5665
9850 N.W. 41st Street L-MAIL
Suite 100 ADDRESS:
Miami FL 33178 3NSURERIS)AfTORDING COVERAGE NAIC 0
INSUArRA:I ravelers Indemnity Go of America
25666
INSURED CHARkAOPPI [NSURrR B:Phoenix Insurance Cqrnpany 25623
Charley Toppino & Sons Inc,
Monroe Concrete ProdUCtS Inc. [Nsuar.Rc-Travelers P rope ayCasuaky Coof Amer 36161
P,O BOX 787 wsuRrR D:The Travelers Indemnity�arripany 1 25658
Key West FL 33041 iNSURER-E, ;
INSURER F
COVERAGES CERTIFICATE NUMBER:745968533 REVISION NUMBER:
TI IIS IS TO CERTIFY I HAI -1 HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICAI ED 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,_
POLCYEFF POLICYEX(I
TYPE OF INSURANCE POLICY NUMBER JIM jomyyyyr pr"'r.&ODIYy,yy LIMITS
L1 idIN SO WV0
5/19/2021 1$2000,000
COMMERCIAL GENERAL LIABILITY DTC03202M181TIA20 5/19/2020 FACH OCCURkENCF
DA IAOL TO A EN 10)
CLAIMS-MADE X occj�m $300,000
MED EXP I,u,y onu $5,000
PER SONAL 8,At V INJURY
DENT AGGREGATE LIMIT APPLIES PER GENERAL AGGR'EGAT E I S4,000,00'0
'01,11AC)PAGG S 2 000,000
"01 Icy Jr 0C PRODUC IS,C
i.$
CON1,81rif'D SINGLIAJOI i
r.) AUTOMOBILE LIABILITY 810ON4284482026G 5/19/2020 5/1912021 $1,000,000
ANY AU 0 BODILY INJURY(Per person) ±$
001*D S(JTILDULED BODILY INJURY(I er,,iccsdent)
AU f OS(INLY AU US 'J;� `R'TYbM.1Abr
x HlRnD x NON-OWNED T OPI--
AUMSONLY AUTOS ONLY
C X UMBRELLA LIAR X OCCUR CUP3J6572212026 1119/2021 5119/2021 EACI I OCCURRENCE j t 1 r"oori,000
EXCESS LIAR AGGREGATE- I y 10,000,000
DEID x
fj WORKERS COMPENSATION UB4K5263662026G 5/19/2020 5/19/2021 X
AND EMPLOYERS LIABILITY YIN I I
$E L EACH ACCIDENT ANVPROIP-1,TOR,PAR�NEMEXECU I-IVE ISK
INIA 1,
IM 111(4alory fti NH) E DISEASE-EIA $1.01001,000
41 Y,,, CY LIMIT
I UN OF 0111 R,M 110,?111�L00w By, AS POLI, $1,000,000
9/23/2020
WAW K*
DESCRIPTION OF OPERATIONS I LOCATIONS;VEnICLES fACURU 10,A(MM011M h9nWFKU ocjY,Aul,jol,otr__Pivu required)
General I jabilty Aq
giegate applies per Protect if rectuired by written contract.
Monroe hourly card Ql C01,11'Ry CoinniissiurreI's,its oniployees and oflidats,as Designated Orgarwafion, s an Additional Insured as respects General&Auto
jj�[bjljy,Urnbrelh-A lollow�' lonn 10 Inc,Underlying policiug as r(,,specls to Addifiorial Insurerds,All of the above is applicable when required by written contract
surilec'!10 the ternns Conditions and,exchisions(it 010 riolicy,
CERTIFICATE HOLDER— CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners (BOCC)
500 Whitehead St AUTHORIZED REPRESENTATIVE
Key West FIE 33040
A
M
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
10fixell-VAIA0 Document A3121m - 2010
Performance and Bond No, 107229365
CONTRACTOR: SURETY:
(Nance., legal status and address) (Maine, legal status andprincipal place
Charley Toppino & Sons, Inc. of business,)
129 Toppino Industrial Drive Travelers Casualty and Surety Company This document has Important legal
Key West, FL 33040 of America consequences.Consultation Willi
OWNER: One Tower Square an attorney Is encouraged Willi
(Matne, legal status and address) Hartford, CT 06183 respect to Its completion or
modification,
Monroe County Board of County Commissioners Any singular reference to
500 Whitehead Street Contractor,Surety,Owner or
Key West, FL 33040 other party shall be considered
CONSTRUCTION CONTRACT plural t0ore applicable,
Dato:September 16th, 2020 AIA Document A312--2010
combines two separate bonds,a
Amount: $530,029.50 Performance Bond and a
Payment Bond,Into one form.
Description: This Is not a single combined Performance and Payment Bond.
(Name and location)
East Martello Phase 11 Drainage and Parking Improvements
BOND Doc 0 2282975 Bkg 30415 Pg#2053
Date: September 18th, 2020 Recorded 9/2122020 12:31 PM Pale I of 9
Sep
(Not earlier than Construction Contract Date)
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK.CPA
Amount: $530,029.50
Modifications to this Bond- X None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (CO)POrate Seal) Company: (C rPI5t—te Seal)
Charley Tong& S Ind. Travelers Casualty and u Company of America
Signature. Signature:
Name Name William L.Parker,vx orney in Fact and FL Resident Agent
acid"1"ills: and`Title:
(Any additional signatures appear on the last page of this Peiformance Boliul)
(FOR IMP,ORMATTOW ONI.Y—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
Insource
9500 S, Dadeland Blvd,,Suite 400
Miami,FL 33156
Init. -AIA berumant AV2111—2010.'rhe American Institute of Architects, 06nio
§I The Contractor and Surety,jointly and 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 when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default cinder the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the.Owner first provides notice to The Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Stich notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may,within five(5)business clays after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice,If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shalt not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the,
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4 Pailure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice,
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions.,
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract,
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§51 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 a 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 an described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or .
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the oircurnstances:
.1 After investigation,determine the amount for which it may be liable to the Owner arid,as soon as
practicable after the amount is cletennined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written not ice 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 Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner,
Init, AIA DocuinentA3121"—2010,The American Institute of AtChItects.
2
§7 If the Surety elects to act under Section 5.1, 5,2 or 5.3, then the 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, Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
A the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
,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 5;and
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.
8 If the Surety elects to act under Section.5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond,
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balanceof the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall acortie on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice,of any change, including changes of time, to the Construction Contract or to
related subcontracts,purchase orders and other obligations,
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of 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 a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears,
§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 herefrorn and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
14 Definitions
141 Balance of the Contract Price.The total amount payable by the Owner to the Contractor tinder 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 oil.behalf of the Conti-actor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract..Documents,
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to
comply with.a material term of the Construction Contract.
§14.4 Owner Default,Failure of the Owner,which has not been remedied or waived, to pay the Contractor as required
tinder the Construction Contract or to perform and complete 6r comply with the other material terms of the
Construction Contract.
14,5 Contract Documents,All the document.,;that comprise the agreement between the Owner and Contractor.
15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
—----------
[nit. AIA Document A3121"—2010,The American Institute of Architects. 3
§16 Modifications to this bond are,as follows:
(Space is provided below for additional signatures of added parties, other•than those appearing on the coverpage)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
Init. -AIA Document A312111—2010.The American Institute of Architects. 4
TM
PaNvAIA DocumentA312 . 2010
Bond No. 107229365
Payment Bond
CONTRACTOR,. SURETY:
(Name, legal status and address) (Name, legal statm andprincipalplaee
Charley Toppino & Sons, Inc. of business)
129 Toppino Industrial Drive Travelers Casualty and Surety This document has important legal
Key West, FL 33040 Company of America consequences,Consultation With
OWNER: One Tower Square an attorney Is encouraged with
(Nance, legal status and address) Hartford, CT 06183 respect to Its cornpleflon or
modification.
Monroe County Board of County Commissioners Any singular reference to
500 Whitehead Street Contractor,Surety,Owner or
Key West, FL 33040 other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Datc: September 16th, 2020 AIA Document A312-201 0
combines two separate bonds,a
Amount:$530,029.50 Performance Hand and a
Payment Bond,Into one form.
Description: This Is not a single combined
(Name and location) Performance and Payment Bond,
East Martello Phase 11 Drainage and Parking Improvements
BONI)
Date: September 18th, 2020
(Mot earlier than Constiaction Conn act Dote)
Amount: $530,029.50
Modifications to this Bond: 0 None see Section 18
CONTRACTOR AS PRINCIPAL SURETY
Conipfuly, (Corporate Seal) Company: (Co I i, le Seal)
Charley T p noji S, lb C. Travelers Casualty and Sore Company of America
Signattij:w, Signature:
Name Name William L.Parker,Attorne in Fact and FL Resident Agent
and`hide: k- and Title:
(Any additional signatur-es aj-)pear on the last page o a. of Payment Bon 1)
(FOR INFORM,4 TIOM ONI,Y--Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Ar-ehifecl, Engineer oi,otherparty)
InSource
9500 S.Darteland Illvd.,Suite 40()
Miami, FL,33156
InIt. AIA Document A= —20%'f lie American institute of Aichilet%.
I The Contractor and Surety,jointly and severally, bind 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,subject to the following terms,
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligationtin,der this Bond.
3 If there, is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit,
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5,1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the patty to whom the materials were,or equipment was, furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the.Claim;and
.2 have sent a Clairn to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1A is given by the Owner to the,Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.I'l,
§7%en a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable, the Surety shalt
promptly and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
7.2 Pay or mange for payment of any undisputed amounts.
M The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
foes the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 ThoSurety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the,Contractor under the Construction Contract shall be used for the performance
of the 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 earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312TII—2010.The Ainadcan Institute of Architects.
6
§10 The Surety shall not be liable to t'lie Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract,The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to malce payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond,
§11 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of conipeteat
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 52,or(2.)on which the,last labor or service was performed by anyone or the last materials or
equipment were fin-nishad 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.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the(late received.
§14 When this Bond has been flimished 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 herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so-furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shalt promptly furnish R copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum.,
.1 the name of the Claimant,
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
,6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim-,
J the total amount of previous payments received by the Claimant, and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to flimish labor,materials or equipment for use in the perfon-nance of the Construction Contract, The terns
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real proporty upon.which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"tabor,materials or equipment"that part of water,gas,power, light,treat,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,
§16.3 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
hilt, AIA Document A3121"—20*14.'fino American Institute of Architects.
7
§ 116.4 Owner Default.Failure of the Owner, which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents,All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
18 Modifications to this bond are as follows:
-this bond is give,,to colurty with section 255.05
Florida Statutes,and any action instituted by a claimant under this bond for payment must be in
accordance with the notice and time liolitatiOn
provision ir,section 255.05(2).Florida statutes
(Space,is provided below far additional signatures of added parties, other than those appearing on thf cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Coipoiwe Seal) Company: (Corporate Seal)
Charley ToppinoA on I Travelers Casualty and Surety mpany of America
q
Signature: Signature; I
� --� ,�n
Name and TitlC,?wC Name and Title:William L. Park6r!Attorney in Fact & FL Res Agent
Address 129 Tbbpino Industrial Drive Address One Tower SquaW Hartford CT 06183
Key West, FL 33040
AIA Document A31210—2010,The American Institute of Architects.
^ "
Travelers Casualty and Surety Company 4)4-merica
AW Travelers Casualty and Surety Company
*11'KRAIVELERS J St. Paul Fire and Marine Insurance Company
POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Companyo America, Travelers Casualty and Surety Company, and 8t.
pmu| Fire and Marine |nuorumm Company are uommoUouo duly organized under the \uwo of (Mn State of Connecticut <hwm1n collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of M|AM| .
Florida . |km|r true and lawful Attorney-in-Fact to mign, axmoute, weu| and acknowledge any and all bundm, reooOnizanvem,
oundiUunm| undertakings and other writings nN|gumry in the ouium thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the pmMvnnanoe n/ contracts and mxoouUnQ or guaranteeing bonds and undertakings required or pmnnNod in any
actions or proceedings allowed hylaw,
IN WITNESS WHEREOF,the Companies have cmoaud this Instrument to be signed, and their corporate seals to be huny(u affixed,this 3rdday of February,
2017,
State of Connecticut
By:
City of Hartford os. Robert L Raney,Samror Vice President
On this the 0vd day vfFebruary, 2017 he*nna m* pwmuom|ly appeared Robert L. Raney,who acknowledged himself to be No Senior Vice President of
Trawy|mm Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that
he, as such, being authorized so to do. executed the hmnmAu|og instrument for the purposes therein contained by signing on behalf ufthe *urpumUonm by
himself xmo duly authorized officer.
|n Witness Whereof,|hereunto set my hand and official seal,
my Commission expires the u0th day u/June, 2O21
Maria C.Tatresult,Notary Public
This Power of Attorney is granted under and by the authority of the (u{|ow|na naoo|uUona adopted by the Boards of Directors of Travelers Casualty and
Surety Company f America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full
force and effect,reading mufollows:
RESOLVED. that the Chairman, Na PmaWani. any Vice Chm|nnup. any Executive V|ma PnamNmn(. any Senior Vice President, any V|uo President, any
Second @mm Pnmldmn(. the Treasurer, any Assistant Treasurer, Na Uo,pom|a Secretary or any Assistant Secretary may i t Attorneys-in-Fact and
Agents to act for and on behalf of the Company and may give such mvpainhom such authority as his or her certificate of uukhudh may prescribe to sign with
the Company's name and seal with the Company's seal bonds, rmouAn|zmnoe«. contracts/f indemnity, and other writings obligatory |n the nature vfabond,
vapo9nizonmm, or conditional undmhmmng, and any o/said officers or the Board of Directors at any time may remove any such appointee and revoke the
power given him vrher;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Cbo|nnen. any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part o[the foregoing authority to one or more offi*am or employees of this Compmny, provided that each such delegation
|u|mwriting and a copy thereof is filed|o the office of the Secretary;and K|e
FURTHER RESOLVED, that any bund, euo8nizmnrn, contract of |ndemn{ty, or writing obligatory In the nature of bund, eouqn|zanum, or conditional
undertaking shall bovalid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President o/ any V|um Pmo|dnn1. any Second Nma P,am|den{. the Toaanum,. any Avm|w|mni Tnmauon*r` the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed(under seal,if required)by one
or more A#ummyv'io-Fam and Agents ponmuao\ to the power pmmxdbod in his or her maA|0uam o, their certificates of authority or by one or more
Company officers pursuant tmn written delegation uf authority;and|(|s
FURTHER RESOLVED, that the signature uy each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may ha affixed by facsimile N any Power u/
Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of
executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature n/facsimile seal shall bmvalid and binding upon the Company and any such power avexecuted and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it Is attached.
|. Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of Ammdwa. Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Cumpany, du hereby certify that the above and foregoing Is m (mo and correct copy of the Power of
Attorney executed by said Companies,which remains|n full force and effect.
Dated this 18 day of September , 2020KWFO
f(sa
Calk
0, Kevin E.Hughes,Assistant Secretary
70 verify the authenticity mfthis Power ofAttorney,please call us at 1-800-421-3880.
Please refer to the above-nained Attorney-In-Pact and the details ofthe bond to which the power Is attached