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Item J08 } J.8 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: J.8 Agenda Item Summary #8049 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval to award bid and contract to Charley Toppino & Sons, Inc. in the amount of $3,163,649.67 for the FBO Access Road project, to be funded from FDOT Grant Contract G1 Q92 and Passenger Facility Charge Fund 406 (PFC 417). ITEM BACKGROUND: There was one bid received at the bid opening held on February 17, 2017. The based bid was $2,558,340.20 and with the three bid alternates, the total project cost is $3,163,649.67. The objective of this project is to separate FBO traffic from the Airport's passenger traffic to reduce traffic congestion in the terminal area. It will also improve safety by having fuel trucks and other large vehicles use the new access road instead of the main Airport entrance/exit on Faraldo Circle. PREVIOUS RELEVANT BOCC ACTION: Approval to apply for PFC Application 417 on May 17, 2017 which included the FBO Access Road project; approval to advertise the bid solicitation for the project on July 17, 2019; approval of original FDOT grant agreement GIQ92 on November 17, 2020; approval of Amendment 41 to FDOT Grant agreement GIQ92 on March 17, 2021; and on the April 21, 2021 agenda there is a companion item to approve Amendment 42 to FDOT Grant agreement GIQ92 providing additional funding for the project. CONTRACT/AGREEMENT CHANGES: New contract. STAFF RECOMMENDATION: Approval DOCUMENTATION: Bid Tabulation Sheet pdf Charley Toppino & Sons - EYW Access Road EYW Access Road Bid Documents EYW Access Road Bid Plans Packet Pg. 1856 J.8 FINANCIAL IMPACT: Effective Date: Upon Notice to Proceed(NTP) Expiration Date: 270 days after NTP Total Dollar Value of Contract: $3,163,649.67 Total Cost to County: -0- Current Year Portion: Budgeted: Yes, FY21 and in upcoming FY22 Budget Source of Funds: FDOT Grant G1Q92 & PFC Fund 406 (PFC #17) COST TO COUNTY: -0- CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: N/A Grant: GIQ92 County Match: no Insurance Required: Yes Additional Details: 04/21/21 406-63603 - PASSNGER FACILITY CHG 40 $2,276,495.00 REVIEWED BY: Beth Leto Completed 03/23/2021 12:08 PM Richard Strickland Completed 03/25/2021 2:45 PM Pedro Mercado Completed 03/25/2021 2:57 PM Purchasing Completed 03/25/2021 3:35 PM Budget and Finance Completed 04/06/2021 4:55 PM Maria Slavik Completed 04/06/2021 5:33 PM Liz Yongue Completed 04/06/2021 5:38 PM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg. 1857 (suoS T ® ' ®4 pU ss as pj — 8 MAM jpd 49 y ogeinq p' :4u9wqoe44V c ca LO co a_ m ' ac U N tC S (L } 4- 0 O N Q O U 4- co00 U Q h Ln N N Ln Q N > � 0 a W ° U � } W W H . Z ~ LU W a 0 z LLLLQ (A N Oco o } IL Z ZLn W � n. J � F > G QH co W Z J am Q Q O O cn W W 4 W Z Z `+- a ,;; O p I— H } � o .� o Q U _ W p 0U o Z 3 Lf) o L W ` H oZS N o > O IL LUr zO U O 0 Q O h JO �- to s° a U w o CL kn ~ L tn a p CL f0 4- u} U tn U s o 0 N � } V cn CL N O J 4- N S "Z_7 4- 4- ' L L m } O U LL L >-4- N O Q O m H i m CONTRACT Access Road Key West International Airport y 0 THIS AGREEMENT made and entered into the 21st day of April 2021 by and between 06 Charlie Toppino & Sons, Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. 0 WITNESSETH: 0 That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: y 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Access Road co Key West International Airport Monroe County, Florida .� 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully y complete all work hereunder within two hundred seventy (270) calendar days from the Notice-to-Proceed (Construction) as per Special Provision No. 2 and Plan Sheet GN-01. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the >- LU agreement, subject to additions and deductions as provided in the contract documents the Contract Amount of; Three Million One Hundred Sixty-Three Thousand Six Hundred Forty-Nine and 671100 Dollars ($3,163,649.67). 06 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work 0. performed during the preceding calendar month by the Contractor. County shall pay in 0 accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule 2 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 Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for E Payment. 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. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly Key West International Airport f Access Road- Contract Packet Pg. 1859 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, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules c and regulations as may govern the Clerk's disbursal of funds. 06 0 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the i Contractor to complete the work within the time stipulated and this sum is not a co penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. W T It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 06 0 8. 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 seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its 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 seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated Key West International Airport 2 Access Road- Contract Packet Pg. 1860 pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. 9. PUBLIC ACCESS. 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 c allow and permit reasonable access to, and inspection of, all documents, records, 06 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 y 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 F.S. 119.0701 and the terms and conditions of this contract, the Contractor i is required to: CO (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 c copy of the requested records or allow the records to be inspected or copied within a y 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 >- LU 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. c 06 (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 0. be required by the County to perform the service. If the Contractor transfers all public 0 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 2 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 E 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, Key West International Airport 3 Access Road- Contract Packet Pg. 1861 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 06 violation of this provision by the Contractor. A Contractor who fails to provide the public records to the 0. County or pursuant to a valid public records request within a reasonable time may be 0. subject to penalties under Section 119.10, Florida Statutes. U 0 Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision y 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 (305) 292-3470, BRADLEY- BRI N@ ONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. co i M HOLD HARMLESS AND INSURANCE: 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), y loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other >- Lu governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection 06 with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, c agents, 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). 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. Key West International Airport 4 Access Road- Contract Packet Pg. 1862 In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. 06 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. i 10. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida co Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 12. NOTICE REQUIREMENT: Any notice required or permitted under this c agreement shall be in writing and hand delivered or mailed, postage prepaid, to the 06 other party by certified mail, returned receipt requested, to the following: FOR COUNTY: 0 Director of Airports County Attorney's Office 2 3491 South Roosevelt Blvd. and I I 1112th St., Suite 408 Key West, Florida 33040 Key West, F1. 33040 FOR CONTRACTOR: Mr. Richard Toppino, President Charlie Toppino & Sons, Inc. PO Box 787 Key West, FL 33041 Key West International Airport 5 Access Road- Contract Packet Pg. 1863 13. GOVERNING LAW, VENUE AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements 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 c that venue will lie in the appropriate court or before the appropriate administrative body 06 in Monroe COUNTY, Florida. 14. MEDIATION: 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. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. 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 i Agreement shall be valid and shall be enforceable to the fullest extent permitted by co 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. 16. ATTORNEY'S FEES AND COSTS: 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 LU LU attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, cn investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 06 17, 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 COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. 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 Key West International Airport 6 Access Road- Contract Packet Pg. 1864 required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 0 19. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement 06 shall bind and inure to the benefit of COUNTY and CONTRACTOR and their c respective legal representatives, successors, and assigns. S 0 20, 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. 21. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any 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. i co 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: 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 maybe offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the v delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 23. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon W the terms, or any of them, of this Agreement to enforce or attempt to enforce any cn 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 06 c 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. 24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 25. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken Key West International Airport 7 Access Road-Contract Packet Pg. 1865 together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 26. NON-DISCRIMINATION: Contractor agrees 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 c terminates without any further action on the part of any party, effective the date of the 06 court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not S limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of y handicaps; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the i Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to co nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article ll, 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 y Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Lu THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 06 0 m Key West International Airport 8 Access Road-Contract Packet Pg. 1866 IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. 0 (SEAL) BOARD OF COUNTY COMMISSIONERS 06 ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Michelle Coldiron A R Q COUNTY AT�nNEY � f RM Pub Off. CH R TOPPIN & SONS, INC ASSI�T�w UN Y ATTORNEY y Date 3/22/21 By: i eC Richard Toppino, P Itsident co NOTARIAL JURAT STATE OF: y COUNTY OF: . Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or ❑ online notarization, on M (date) by 06 ae �� (name of affiant). He/She is per "ynown to m or has produced (type of identification) as identification. yf I OTARY PUBLIC *Who is authorized by the corporation to execute this contract. Key West International Airport Access Road - Contract Packet Pg. 1867 i 0 U) 06 0 0 0 0 ca INTENTIONALLY LEFT BLANK U- 00 0 0 U) 06 0 0 CJ Key West International Airport 10 Access Road-Contract Packet Pg. 1868 J.B.b Key West International Airport 1 1/2020 Monroe County Access Road Monroe County DPW Project GAKAP157 SECTION E 0 DRUG FREE WORKPLACE FORM 06 The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that; ca 0 Charley Toppino& Sons, Inc 1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, i rehabilitation and employee assistance programs and the penalties that may be imposed co upon employees for drug abuse violations. 3, Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 0 4. In the statement specified in Sub-Section (1), notify the employees that as a y condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. LU 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any c employee who is so convicted. 06 0 r- 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify com es fully with the above requirements. ` ca Bidder's ignature Date: BIDDING REQUIREMENTS AND CONTRACT FORMS I-32 Packet Pg. 1869 J.B.b Key West International Airport 1 1/2020 Monroe County Access Road Monroe County DPW Project GAKAP157 SECTION L C 0 SWORNTATEMENT PURSUANT TO SECTION 287.1333a), FLORIDA 06 STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other c official authorized to administer oaths. 0 1. This sworn statement is submitted with Bid, Proposal or Contract No. MONROE COUNTY DPW PROJECT GAKAP 157 y for 2. This sworn statement is submitted by CHARLEY TOPPINO& SONS, INC whose business address isco i 129 TOPPINO INDUTRIAL DR, KEY WEST, FL 33040 and (if applicable) its Federal Employer Identification Number(FEIN) is: 59-2426906 (If the entity has no FEIN, include the Social Security Number of the individual signing y this sworn statement: __ ) 3. My name is RICHARD TOPPINO and (please print name of individual signing) �- my relationship to the entity named above is PRESIDENT ) 06 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes,_means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or 0 political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph U 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a BIDDING REQUIREMENTS AND CONTRACT FORMS I-44 Packet Pg. 1870 J.B.b Key West International Airport 11/2020 Monroe County Access Road Monroe County DPW Project GAKAP157 result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. 0 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes. means: 06 0 a. A predecessor or successor of a person convicted of a public entity crime; or c b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, y partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. i co 7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, y shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true >- Lu in relation to the entity submitting this sworn statement. (Indicate which statement applies.) 0 X Neither the entity submitting this sworn statement nor any of its officers, 06 directors, executives, partners, shareholders, employees, members or c agents who are active in the management of the entity, nor any affiliate of the . 0. entity has been charged with and convicted of a public entity crime subsequent 0. to July 1, 1989. e® The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The BIDDING REQUIREMENTS AND CONTRACT FORMS I-45 Packet Pg. 1871 J.B.b Key West International Airport 11/2020 Monroe County Access Road Monroe County DPW Project GAKAP157 Final Order entered by the Hearing Officer did not place the person or y affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) 06 The person or affiliate was placed on the convicted vendor list. There has 0 been a subsequent proceeding before a hearing officer of the State of 0. Florida, Division of Administrative Hearings. The Final Order entered by the 0 hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: nz 00 1 Al --- Title Date NOTARIAL JURAT STATE OF: 0 COUNTY OF: 06 Subscribed and sworn to (or ffi d) before me, by means of physical presence or 11 online notarization, on ( (date) by (name of affiant). He/She is personallf known me or has produced (type of identification) as identification. m NOTARY PUBLIC MICHAEL LABRADA Slate of Florida-Notary Public r Jk Commission # GG 116317 � ®y ` My Commission Expires B June 19, 2021 BIDDING REQUIREMENTS AND CONTRACT FORMS 1-46 Packet Pg. 1872 J.$.b Key West International Airport l 1/2020 Monroe County Access Road Monroe County DPW Project GAKAP157 SECTION M r_ 0 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA 0 ETHICS CLAUSE ca 0 CHARLEY TOPPINO & SONS, INC warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee y in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. 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. I 00 __t.......... r - gnature) _ Date: l 0 r � NOTARIAL JURAT STATE OF: COUNTY OF: 0 c 06 w (date) b Y t Subscribed and sworn to or a Irm ) before me, b physical means of sical presence or❑ online c notarization, on (name of affiant). He/She is p%sdaa1tyJiagVD.1pm or has produced 0 (type of identification) as identification. OTARY PUBLIC MICHAEL LAB RADA State of Florida-Notary Public � Commission#! GG 1 16317 rc My Commission Expires t) June 19. 2021 BIDDING REQUIREMENTS AND CONTRACT FORMS 1-47 Packet Pg. 1873 J.$.b Key West International Airport 11/2020 Monroe County Access Road Monroe County DPW Project GAKAP157 SECTION Q C 0 NON-COLLUSION AFFIDAVIT 06 0 RICHARD TOPPINO , of the city of KEY WEST , according to law on my oath, and under penalty of perjury, depose and say that: 0 1) I am PRESIDENT ca of the firm of CHARLEY TOPPINO & SONs. INC the bidder making the bid proposal for the project described in the Notice for Calling for bids for: Monroe County DPW Project GAKAP157 n and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and co 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 0 5) The statements contained in this affidavit are true and correct, and made with full knowledge y that Monroe County relies upon the truth of the statements contained in this affidavit in rdi tracts or said project. le (S gnature of a I'd r) (Da ) Lu Lu 0 06 NOTARIAL JURAT STATE OF: W COUNTY OF: Subscribed and swom ( r affir ed) before me, by means of '` hysical presence or❑online notarization, on t _ (date) by a (name of affiant). He/Sh6 is personal) known t ear has produced (type of identification) as identification. NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS '2 MICHAEL 1_ABRADA State of Florida-Notary Public: Commission # GG 116317 My Commission Expires rasa a+b June 19, 2021 Packet Pg. 1874 J.$.b Key West International Airport 1 1/2020 Monroe County Access Road Monroe County DPW Project GAKAP157 SECTION S r- 0 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 06 Monroe County DPW Project GAKAP157 0. Project Description(s): 0. �... . s . ... _ Respondent Vendor Name:r CHARLEYwTOPPINO& SONS,INC VendorFFIN: 59-2426906 Vendor's Authorized Representative Name and Title: RICHARD TOPPINO, PRESIDENT Address 129 TOPPINO INDUSTRIAL DR _.......... .... ... .M... _ __.......K .. City:__KEy3MEST State: Zip: 33040..m. . —_ Phone Number 305 296-5606 ca _ Email Address: ATOPPINO@ 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 co 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.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. y 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 cn 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 06 boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized 0 Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations 0. in Cuba or Syria. 0 Certified By: RI Cl IA T PPINO who is authorized to sign on behalf of the b e fie d pany. Authorized S' at e: Print Nime: 1 Title: T101i Note:The List are available at the following Department of Management Services Site: ham://www. ms,m florida coil/business operationsls t 4;,t sin vendor information/convicted sus pended tscnmin gory collnts vendor Lists BIDDING REQUIREMENTS AND CONTRACT FORMS I-54 Packet Pg. 1875 0 DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE " 5/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh&McLennan Agency LLC PHONE FAX 9850 N.W.41st Street IAr_g,%t+ln. xtl. 305-591-0090 tArc,No) 212-948-5665 C) E-MAIL Suite 100 ADDRESS ce,rt,sm,i,a-m,i@rr.ma--fi.com Miami FL 33176 06 INSURER(S)AFFORDING COVERAGE NAICq INSURERA:Travelers Indemnity Co of America 25666 INSURED ----. --.._ _CHARLTOPPI .. _ _ ... --. --. --. -- -- Charley Toppino&Sons Inc. INSURERB: Phoenix Insurance Company 25623 Monroe Concrete Products Inc. INSURER C:Travelers Property Casualty Co of Amer 36161 P.O BOX 787 INSURER D:The Travelers Indemnity Company 25658 Key West FL 33041 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:74596853 REVISION NUMBER: y THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD N INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS U CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, U EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR"---- -_TYPE OFINSURANCE--- ----.,ADDL'SUl3R ----. ".._POLICY EFF POLICY EXP _ ----.LIMITS LTR POLICY NUMBER M IOOIYYYY MMIDDIVYYY A X COMMERCIAL GENERAL LIABILITY DTC03202M181TIA20 5/19/2020 5/19/2021 EACH OCCURRENCE $2,000000 CLAIMS-MADE X :OCCUR DAMAGE fO REN'TEb -- - -- -- PREMISES(Ea oggt...ence) cu $300 000 MED EXP(Any one person) $5,000 --- .--- ----. ---_ -... PERSONAL&ADV INJURY $2,000,000----. ----. GEN°L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 1$4,000,000 POLICY X PRO LOG LOC PRODUCTS I$2,000,000 °OTHEW -. .$ D AUTOMOBILE LIABILITY COMBINED� �ds. SINGLELIMIG $1,000.000 X ANY AUTO I BODILY INJURY(Per person) $ ......- OWNED SCHEDULED ! -- ---- --- ---- .---. fts AUTOS ONLY _.. AUTOS BODILY INJURY(Per accident) $ O ' X HIRED X NON-OWNED I'aiYOPEtdTY 17{1MACiE - - .AUTOS ONLY ;AUTOS ONLY (Plv¢arxidow) $ N C ( X UMBRELLA LIAB X OCCUR CUP3J6572212026 5/19/2020 5/19/2021 EACH OCCURRENCE $10 000,000 U EXCESS LIAB CLAIMS-MADE 'AGGREGATE $10 000,000 ----.( DED '--X RETENTION$s -- --. B WORKERS COMPENSATION UB4K5263662026G 5/19/2020 5/19/2021 X PER (OTH STATUTE AND EMPLOYERS'LIABILITY YIN -- , EIS ANYPROPRIETOR/PARTNER/EXECUTIVE E..L EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A - - - i - - - N (Mandatory in NH) E.L DISEASE-EA EMPLOYEE!$1 000 000 If yes,describe under ; I Approved Risk Management -- -. - c DESCRIPTION OF OPERATIONS below ! EL,DISEASE-POLICY LIMIT $1,000,000 06 C) 3-22-2021 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) O General Liability Aggregate applies per Project if required by written contract. F® 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. CJ 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 Key West FL 33040 AUTHORIZED REPRESENTATIVE z ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1876