09/16/2020 Agreement Wup�',,l
Isti `°• 's Kevin Madok, CPA
'h; .. Clerk of the Circuit Court& Comptroller—Monroe County, Florida
'"c`; '
DATE: October 22, 2020
TO: Breanne Erickson, Contract Administrator
Project Management
FROM: Pamela G. Hancock7.C.
SUBJECT: September 16' BOCC Meeting
Attached is an electronic copy of each of die following items for your handling:
CI Contract with Charley Toppino& Sons in die 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#2158.
Ca Contract with Charley Toppino& Sons, Inc. in the amount of$378,000.00 for die
construction of the Clarence Higgs Beach Sand Replenishment Project to be paid by Tourist
Development Council Grant No. 17.59.
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,Rorida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Agreement
OwnerBetween 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: THE CLARENCE HIGGS BEACH SAND
REPLENISHEMNT PROJECT
Scope of the Work
The Contractor is required to provide a complete job as contemplated by the drawings and
specifications, which are a part of this bid package. 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. Re-nourishment of approximately 1.92 acres of beach located at 1100 Atlantic Blvd.,
Key West, FL 33040, with approximately 3,956 cubic yards of beach compatible sand.
2. Place beach compatible sand along approximately 570 feet of shoreline with a
maximum shore normal construction width of approximately 234 feet and re-
nourishment with berm widths varying from 6 feet to 74 feet.
3. Grading of the beach at a maximum of 1:20 degree slope with berm elevations varying
from 4.97' to 3.25' NGVD.
WARRANTIES 01740-Page 1 of 19
4. Work shall be performed in accordance with all federal, state, and local regulations
governing the placement of beach sand above and below Mean High Water (MHW).
The Contractor shall comply with all regulations in force to protect marine flora and
fauna within the project limits and impact areas adjacent thereto.
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
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
WARRANTIES 01740-Page 2 of 19
$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 recovery of damages 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 Three_Hundred Seventy-Eight Thousand and 00/100
Dollars ($ 378,000.00_), 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
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
WARRANTIES 01740-Page 3 of 19
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 in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The
Contractor is to submit to the County invoices with supporting documentation that are
acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules, and regulations as may govern the Clerk's
disbursal of funds.
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;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
WARRANTIES 01740-Page 4 of 19
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 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.
WARRANTIES 01740-Page 5 of 19
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).
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, proposal, or reply on a contract to
provide any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids, proposals, or replies on leases of real property to public entity,
may not be awarded or perform work as a 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 following 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
WARRANTIES 01740-Page 6 of 19
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 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.
WARRANTIES 01740-Page 7 of 19
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
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
WARRANTIES 01740-Page 8 of 19
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
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 VI I 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.
WARRANTIES 01740-Page 9 of 19
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.
n) Ethics Clause/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
WARRANTIES 01740-Page 10 of 19
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
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,
WARRANTIES 01740-Page 11 of 19
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
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
WARRANTIES 01740-Page 12 of 19
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)
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.
WARRANTIES 01740-Page 13 of 19
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.
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) E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the
Contractor and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the work authorization status of all new employees hired by
the subcontractor during the Contract term. Any subcontractor shall provide an
affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. The Contractor shall comply with and be subject to the
provisions of F.S. 448.095.
WARRANTIES 01740-Page 14 of 19
dd) 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 Toppi_no, President
Charley Toppino& 'Sons, Inc,
129 Toppino 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.
Ivey 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
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
WARRANTIES 01740-Page 15 of 19
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:
a) Drawings: Construction plans prepared by T.Y. Lin, International, dated 1-23-2020.
b) The final Sediment Quality Control/Quality Assurance Plan, dated December 2019
and approved February 2020, which were attached to Addendum No. 1. This
WARRANTIES 01740-Page 16 of 19
QA/QC Plan contains sand specifications, testing, and reporting requirements of this
Agreement. .
c) Project Manual: N/A
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 7/27/2020 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
WARRANTIES 01740-Page 17 of 19
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,Q �Clerk OF MONROE COUNTY, FLORIDA
By: CA-r^-a.Qfy�d+-4.�.—wt-2 By:
As ep ty Clerk M o hairman
�.Er:24�)X t i t zo 7a
L• A- , CTOR'S Witnesses Attest: CONTRACTOR: CHARLEY TOPPING
�� AND SONS, INC.,
A Florida Profit C rporation
. ....
-4-
3
�Y; actor must provide two witnesses n/ I -
nature Signature: K- — o
--I
Signatur : Print Name: / N.) o
Print Name: k. Title: AO / • m
Date. ?.A LO Date: 310 _ 0
x
o
and
MONROE COUNTY ATTORNEY'S OFFICE
Signature _�TO a'
PATh❑C�Au rEpAyaes
Print Name: l5 DAt TPi/Lf5/i� roRNEY
Date. le
STATE OF rcl. pp , COUNTY OF \kOf�<rr Z.
On this °7\ day of hV.L,%/ , 20J before me, the undersigned notary public,
by means of¢physical presence or 0 online, personally appeared I2-Lc.knrc'o'RyYe
known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for THE CLARENCE HIGGS BEACH SAND
REPLENISHMENT PROJECT for h,purposesr1 therein contained.
Notary Public " . - d� MICHAEL LAB RADA
I s4sie oI Flailda-NOIe,v Rumor
^ ' I r.�.1 IA 3r"S�•= C v CommmisMon 1pires
Print Name ' -A j 0O GY -,':)��:,'�r+ My c Dune:19,oo E 1 ues
,,,�„ ���a Is. zozl
My commission expires: (Seal
WARRANTIES 01740-Page 18 of 19
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 0 10 15 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
WARRANTIES 01740-Page 19 of 19
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
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 1 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 f 9'�E CLARENCE HIGGS EACH SAND REPLENISHMENT PROJECT
and that I executed the said proposal with full authority to do so;
Z 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 statements contained in this affidavit are true and correct, and made with full
knV of aid p r e ct.
(Signature of ProlAser) (Date)
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of R physical presence or El online
notarization, on (date)
by I C 0- (name of affiant). He/She is pq�nally
,kn e or has produced (type of identification) as
identification.
MICHAEL LABRADA
j'iv 0 State of Florida-Notary Pul')Iic
Comrnission # GG116317 NOTARY PUBLIC
My commission Expires
June 19, 2021
My commission expires:
PROPOSAL FOR 00 120- Page 30 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Charley Toppino & Sons, Inc
(Company)
of... 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".
(Signature)
Date:
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of KI physical presence or El online
notarization, on (date)
by j (name of affiant). He/She isMaonally
known to me or has produced (type of identification) as
identification,
,oV MICHAEL LABRAIDA
W a" 0 Y_
State of Florida-Notary Public
Commission # GG 116317 NOTARY P613121C
."
My Commission Expires
June 19, 2021
My commission expires:
PROPOSAL FOR 00 120-Page 31 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 27.07 hereby certifies that
Charley Toppino&Sons, Inc
(Name of Business)
I Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations,
3- 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, In the statement specified in subsection (1), 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 nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
& Makes a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Pro 'sj§'ignature
77oser 6
Date
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of 2r physical presence or 0 online
notarization, on ��Zp (date) by (name of affiant).
He/She is personally known to me or has produced (type of identification)
as identifil
MICHAEL LABRADA tt
state of Florida-Notary Pt
Commission # GG 116317
My commission Expires NOTARY PUBLIC
(SEAL) June 19. 2021
y commission expires:
PROPOSAL FORM 00 120- Page 32 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
LOCAL
A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No,
004-2015 and 025-2015, must complete this form.
Name of Bidder/Responder Charley Toppino&Sons, Inc Date: 15
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 a physical business address located within Monroe County from which the vendor
operates or performs business on a day to day basis that is a substantial component of the goods or
services being offered to Monroe County? YES
(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 To__ino Industrial Dr, Rockland Key, FL 33040
Telephone Number: 305-296-5606
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location? NO
If yes, please provide.-
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 to the notice or request for bid or proposal,
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. umber � t L
Add Pss
Print Name: / �e
Signature and itle of Authorized Signatory for
Bidder/Responder
STATE F: FL
COUNTY F: MONRO
Subscribed and sworn to (or affirmed) before me, by means of _ physical presence or ❑ online
notarization, on ` �T' l_ _ (date)
by (name of affiant). He/She is personallknown to me
or has produced (type of identification) as identification.
MICHAEL LABRADA
�5 + State of Florida-Notary Pub[ NOTARY PUBLIC mm
w Commission # GG 116317
My Commission Expires
(�
June 19, 2021
y commission expires:
PROPOSAL FOR 01 - Page 33 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
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 To2pino & Sons, Inc
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
(Signature)
Date: 2)
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of 5d physical presence or 11 online
notarization, on (date)
by (name of affiant). He/She ikpg[ponally
known to me or has produced (type of identification) as
identification.
NOTARY 15UB—LIC
(SEAL) My commission expires:
MICHAEL LABRADA
State of Florida-Notary Public
Commission # GG 116317
My Commission Expires
LI June 19. 2021
PROPOSAL FORM 00 120- Page 34 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
VENDOR CERTIFICATION REI I IZED COMPANIES LISTS
Project Descriptions): Clarence Higgs Beach Sand Replenishment
Respondent Vendor Name: Charley Toppino& Sons, Inc
Vendor FI : 59-2426906
Vendor's Authorized Representative Name and Title:-Rich _rd,_Tog in . Pr i n
Address:
City: Rockland Key State: FL Zip: 3300
Phone Number 305-296-5606 Email Address. Toppino charleytoppino.com
Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a 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 a Boycott of Israel. Section 287,135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,000,000 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 to s. 215. 73, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I 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.
I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I 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 a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a 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 or Syria.
Certified y: _ who is authorized
to sign on behalf of the ab 5rr ce7c ,panAuthorized Signature:. , es'
Print Name: Richard Topping
Title: President
Note: The List are available at the following Department of Management Services Site:
http//www dms,myflorida coi lbusiness operationsl tate purchasipg/ven or information/convicted sqp
ended discriminatory com taints vendor lists
PROPOSAL FOR 0010- Page 35 of 218
SUBCONTRACTOR THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
Division Subcontractor Contact Person Ph#wlarea code Fax Cell: Address
PROPOSALAIIA
FORM 00 10- Page 36 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
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:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 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.
INSURANCE REQUIREMENTS AND FORMS 00 130- Page 39 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
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:
0 Premises Operations
• Products and Completed Operations
0 Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
$500,000 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 or of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
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:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County or of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee
General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
Builder's Risk: Not Required Limits equal to the full replacement
value of the completed project
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. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner
pursuant to Fla. Stat. Sec. 255.05.
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
INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
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 Contractors 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.
PROPOSE '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, Inc
PROPOSER /Signature
INSURANCE REQUIREMENTS AND FORMS 00 130- Page 43 of 218
THE CLARENCE HIGGS BEACH SAND REPLENISHMENT PROJECT
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
GENERAL LIAB - DT-('O-3202N4181'1'1A20 NONE
AU'T'0-81.0-ON428448-20-26 NONE
UMBRELLA - CUI)3j657221-20--26 $10,00-0
WORK CON411 - UB4K526366-20-26 NONE
.. .....................
Liability policies are X Occurrence —Claims Made
MARSTJ & M('I,.ENNA.N AGENCY
Insurance Agency Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 218
DATE(MM/DDYYY)
A�" /YCERTIFICATE 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 endorsement(s).
PRODUCER CONTACT
NAME:
Marsh &McLennan Agency LLC PHONE FAX
9850 N.W. 41 st Street A/C No Ext: 305-591-0090 vc,Noy 212-948-5665
E-MSuite 100 ADDRESS: certsmiami@mma-fl.com
Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Indemnity Co of America 25666
INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623
Charley Toppino &Sons Inc. INSURERC:Travelers Property Casualty Co of Amer 36161
Monroe Concrete Products Inc.
P.O BOX 787 INSURERD:The Travelers Indemnity Company 25658
Key West FL 33041 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:745968533 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY DTC03202M181TIA20 5/19/2020 5/19/2021 EACH OCCURRENCE $2,000,000
� OCCUR DAMAGE TO
CLAIMS-MADE
PREMISES(Ea occurrence)
ccurrence) $300,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
POLICY� PE� LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY 810ON4284482026G 5/19/2020 5/19/2021 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
C X UMBRELLA LAB X OCCUR CUP3J6572212026 5/19/2020 5/19/2021 EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$1 n nnn $
B WORKERS COMPENSATION UB4K5263662026G 5/19/2020 5/19/2021 X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE I' fir T E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? ❑ N/A a ,
(Mandatory in NH) _. I `*�'- - E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under 4- --- - -m*-
DESCRIPTION OF OPERATIONS below - - E.L.DISEASE-POLICY LIMIT $1,000,000
A . 7 21�2.Q2-a _._a ®,�,
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
Monroe County Board of County Commissioners,its employees and officials,as Designated Organization, is an Additional Insured as respects General&Auto
Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds.All of the above is applicable when required by written contract
subject to the terms,conditions and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners (BOCC)
500 Whitehead St AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
sl.,viAIA Document A312 TM - 2010
Bond No, 107229366
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Marne, 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 with
One Tower Square an attorney Is encouraged with
OWNER: Hartford, CT 06183 respect to its completion or
(.Monte, legal status and address) 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 tvhere applicable,
AIA Document A312-2010
Date:September 16th, 2020
combines two separate bonds,a
Performance Bond and a
Amount: $378,000 Payment Bond,into one form.
This Is not a single combined
Description: Performance and Payment Bond.
(Warne and location)
The Clarence Higgs Beach Sand Replenishment Project
Doc#2282874 Bk#3045 Pg#2044
BOND Recorded 9"2Z'2020 12:31 PM Paibye I of 9
Dote: September 18th, 2020
(Not eat-lie),I than Construction Contract Date) Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK-CPA
Amount: $378,000
Modifications to this Bond: >4 None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY t
Company. (Corporate Seal) Company: (Co,p re Seal)
y y
y P ;
Charley Toppino & 0, , Inc. Travelers Casualty and fur Company of America
Z" ty it Signature: ll
Signature:
Att r
Name William L.Parker,',Att ney in Fact and FL Resident Agent
Name
and Title: Pre-, 6*
(4ny additional signatures appear on the last page of this Performance Bond)
(FOR IAIP ORMA TION 0XL Y—Name, addrep 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 Docurnont A3121"-2010."the American 108111L)(0 olArchitecla. Of I io
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 hercin 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 under the Construction Contract,the Surety's obligation tinder 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.Such notice shall indicate whether the Owner is requesting a conference alliong
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 days 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 shall 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 Failure 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 perforril,and complete the Construction Contract,,
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5,3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and 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 as 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 ,
§6.4 Waive its right to perforin and complete, arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
J After investigation,determine the aniount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,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 notice from.the Owner to the Surety
demanding that the Surety perforin 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.
AIA Docurnent A312'11—2010,The American Institute of Architects,
2
§7 If the Surety elects to act under Section 5.1, U 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 Conti-act Price,the Surety is obligated,without duplication, for
J 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 Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors,administrators, successors and assigns.
§10 The Surety hereby waives notice,of any change,including changes of time,to the Cori st ruction 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
refi=s or fails to perform its obligations tinder this Bond,whichever occurs first.If the provisions of this Paragraph
are void or prohibited by law,the rninimum,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 hereftom 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
§14.1 Balance of t1le 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 on behalf of the Contractor 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 or comply with the other material terms of the
Construction Contract.
14.5 Contract Documents, All the documents 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`4—2010,The American Institute of Architects.
3
§316 Modifications to this bond are,as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (OmporateSeal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: lame and Title:
Address Address
Init. AIA pccurnent A312*11-2010.The American Institute nt Architects.
MOvAIA Document A312 TM . 2010
Bond No, 107229366
Payment Bond
CONTRACTOR: SURETY-
(Name, legal status and addi-e-vs) (Name, legal status andpi-incipalplace
Charley Toppino & Sons, Inc. of business)
129 Toppino Industrial Drive Travelers Casualty and Surety This document ties Important legal
Key West, FL 33040 Company of America consequences,Consultation with
One Tower Square an attorney Is encouraged with
OWNER: respect to its completion or
(Name, legal status and address) modification,
CT 06183 modification,
Monroe County Board of County Commissioners Any singular reference to
500 Whitehead Street Contractor,Surety,Owner or
Key West, FL 33040 other pefrty shelf be considered
CONSTRUCTION CONTRACT plural where appl(cabla.
Date: September 16th, 2020 AIA Document A312-2010
combines two separate bonds,a
Amount., $378,000 Performance Bond and a
Payment Bond,Into one form.
Description: This Is not a single combined
(Wame and lorallon) Performance and Payment Bond,
The Clarence Higgs Beach Sand Replenishment Project
BOND
Date: September 18th, 2020
(Not em-liel-than Constiitetion Conliwat Date.)
Amount: $378,000
Modifications to this bond: D None Ksec Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cwpvate Seal) Company: (CO1101-ate Seal)
p �'0�,
Charley To ,& S s, In Travelers Casualty a d Gety Company of America
1 ,
Signature, Signature:
Name
Name William L.Parker,At orney in Fact and FL Resident Agi-nt
V-11
and and Title:
(Argo additional signatio'es appear on the last page of this Payment Bond)
(FOR IMF ORMATIOA1 ONLY---Naine, aridness and telephone)
AGENT or BROKER: OWNER" REPRESENTATIVE:
(Awhitect, Angineer or,other-pai-oi.-)
InSource
9500 S.]Dadeland Blvd., Suite 400
Miami, Fl,33156
11-11L
§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 obligation under this Bond..
§3 If there is no OwilorDefivult 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 iti 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(lie 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 flimished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was, furnished of
supplied or for whom the labor was done or performed,within riinety(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 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
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 arrange for payment of any undisputed amounts.
73 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,tile Surety shall indemnify the Clairnarit for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
foci 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.
Init, AIA Document A312111—2010,The American Institute of Architects.
§10 The Surety shall not be liable to the 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 tinder this Bond,
§11 The Surety hereby waives notice of any change,including changes of time, to the Construclion 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 competent
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 5,2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in thejurisdiction 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 ofnoticc or Claims,however, accomplished,shall be
sufficient compliance as of the date receive(].
§14 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 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 a 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 MiDiMUM:
.1 the name of the Claimant,
.2 the naine 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 ftirnished,
,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-,
3 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 ftimish labor,materials or equipment for use in the performance of the Construction Contract, The terill
Claimant also includes any individual or entity that has rightflilly asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power, light,heat,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 tien 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,
7
§16.4 Omar 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 CojliracL
16.5 Contract Documents,All the documents that comprise the agreement between theOwner 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 terra Owner shall be deemed to be Contractor,
§18 Modifications to this bond are as follows:
etion 255.05
'Nis,bond is given '0mPly,.jth se by a
Vlorida statute,;,and any action instituted
his bond for pay-eii,must be in
claimant undet th
is
accordance with the I
,,tice and tirac 11mitat'"
Section�).5 5,05(2).IF lorida stalutl�'s
,,,visions in So
(Space is provided beloivfor additional signatures of added parties, other than those appearing on the coyerpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (I o1porale Seal) Company: 1porate Seal)
Charley Toppino,,&]Sons, I Travelers Casualty and Surety�or 'l6any of America
Irl
Vk- y.. Signature: tAV
Name and Title: Name and Title:William L. Parke�j! Attorney in Fact & FL Res Agent
Address 129 Toppino InduXia"41brive Address One Tower Square, Hartford CT, 06183
Key West, FL 33040
Ink, AIA Document A312111-2010,The American Insillute ofArchitects,
8
. .
Travelers Casualty and Surety Company of America
AW Travelers Casualty and Surety Company
TRAVELERSJ St. Paul Fire and Marine Xnsurance Company
POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of Anmdua Travelers Casualty and Surety Company, and St,
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called |h
"Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of MIAMI I
Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law,
IN WITNESS WHEREOF,the Companies have caused this Instrument to be signed,and their corporate seals to be hereto affixed, this 3rd day of February,
2017,
State o[Connecticut
By:
City u/Hartford su Robert L.Raney,^*mu Vice President
On this the 3rd day of Fmhruoq\ 2017 before me pommouUy appeared RohertL. Raney, who acknowledged himself to be the Senior Vice President of
Travelers 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 no to do, mxmoukmd the foregoing Instrument for the purposes therein contained by m|Anhg on behalf ofthe ooqpomUuoa by
himself muu duly authorized officer.
|n Witness Whereof, |hereunto set my hand and official seal,
`
My Commission expires the o0th day ofJune, 2021 ^ Marie C.Tetreault, Notary Public
This Power of Attorney Is granted under and by the authority of the following remu|oUuny adopted by the Boards of Directors of Trwwy|om Casualty d
Surety Company ofAmoduu.Tmme|amCaoua|iyund8umty Company, and S\. Paul Fire and Marine Insurance Company,which resolutions are now|nfull
force and effect,reading mofollows:
RESOLVED, that the Chairman, the Pmm|devi. any Vice Chairman, any Executive V|um Pmo|dan|. any Senior Vice Pnma|daot. any Vice President, any
Second V|m* President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint /V(ommyu'|n-For/ and
Agents|n act for and on behalf uf the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory In the nature of a bond,
oecmgnizunca, or conditional undmrtuk|nu, and any of said offimam or the Board of Directors at any time may remove any such appointee and revoke the
power given him^r her;and i(|m
FURTHER RESOLVED, that the Chairman, the PnyaWmnt. any Vice Chairman, any Executive Vice President, any Senior Vice PemW*n, or any Vice
President may da|uVmm all or any part of the/begu|nO authority to one or more nffinsm or employees of this Componv, provided that each such dmuQuVuo
is In w'|do8 and a copy thereof io filed in the offima of the Soomtuw;and K is
FURTHER RESOLVED, that any bond, recognizance, uommm of Indemnity, or writing obligatory in the nature of bond recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed(under seal, if required)by one
or more Attorn eys-i n-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority;and it Is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of
Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-In-Fact for purposes only of
executing and attesting bonds and undertakings and other writings obligatory |n the nature thereof, and any such Power uf Attorney ur certificate bearing
such facsimile signature or facsimile seal ohuU be valid and binding upon the Company and any such power omexecuted and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect tu any bond ur understanding tu which Uinattached.
\. Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of Ammdou. Trmxa|um Casualty and Surety
Company, and St. Paul Fire and Marine |nmumnma Company, do hereby certify that the ubvxw and foregoing Is o true and correct copy of the Power of
Attorney executed by said Companies,which remains|n full force and effect.
Dated this 18 day of SaPter»ber ' 2020 .
ly
Kevin E. Hughes,AssMtant Secretary
To verity the atithenticity of this Power ofAttorney, at 1-800-421-3880.
Please refer to the above-niamed A ttorney-In-Pact and the details of the bond to which the power Is attached.