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Item U08 } U.8 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 `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 May 19, 2021 Agenda Item Number: U.8 Agenda Item Summary #8224 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Thomas Henry (305) 292-4523 N/A AGENDA ITEM WORDING: Approval of Change Order 45 to the contract with Charley Toppino & Sons, Inc. in the amount of$70,276.50 for the East Martello Phase II Drainage project. This will add additional landscaping to the area. ITEM BACKGROUND: On June 24, 2020, the County Purchasing Department received and opened responses to the Request for Proposals for the above-referenced project. The proposal from Charley Toppino & Sons (Contractor) for the entirety of the scope of work for the installation of the East Martello Phase II Drainage and Parking Improvements was $634,000.00. The total grant amount for Grant 42158 is $590,000.00. Funding from Grant 42158 will expire on September 30, 2021 if not utilized by that date. As authorized by Chapter 3, paragraph 3(D)(2) of the Purchasing Policy, staff consulted with the Contractor to determine what scope of work could be performed with the available funding under the same terms and conditions as required in the Request for Proposals. The Contractor has agreed to accept the reduced scope of work at the pricing of$530,029.50. County staff and the Contractor have negotiated a contract that reflects the reduced scope of work for the installation of partial outside electrical lighting and partial landscaping at a final negotiated price of$530,029.50. Some grant funds have already been expended for Design and Permitting. Staff will seek additional grant funds for installation of the remaining scope of work. Michael Gieda, Executive Director of Key West Art & Historical Society participated in the development of the reduced scope of work and, concurs with the plan. Several items have been added back to the scope of the project which will be covered by donations made to the Key West Art & Historical Society and funding pulled from Phase III of this project. This change order(45) adds $70,276.50 for additional landscaping, to be funded by TM97984Y. PREVIOUS RELEVANT BOCC ACTION: 9/16/2020 - BOCC approved a contract with Charley Toppino & Sons, Inc for the construction of the Packet Pg. 3051 U.8 Reduced Scope East Martello Drainage Phase 11 Improvements to be paid by Tourist Development Council. CONTRACT/AGREEMENT CHANGES: Change Landscaping STAFF RECOMMENDATION: Approval DOCUMENTATION: Reduced Scope East Martello Phase II Contract- Executed 10.21.2020 C045 Signed FINANCIAL IMPACT: Effective Date: 5/19/21 Expiration Date: N/A Total Dollar Value of Contract: $724,415.06 (original contract w/Change Orders) Total Cost to County: $0 Current Year Portion: $0 Budgeted: Yes Source of Funds: 117-77040-530340-TM97984Y-530340 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: Yes County Match: N/A Insurance Required: Yes Additional Details: Additional funding required for this project will be provided from the Key West Art &Historical Society donations, fund 403 for the Taxi Cueing Lane, and funding for Phase III will be utilized (117-77040-530340-T207M84X-530340) 117-77040-530340-TM97984Y-530340 05/19/21 117-77040 - TDC BRICKS & MORTAR 117 $70,276.50 TM97984Y REVIEWED BY: Cary Knight Completed 05/11/2021 3:42 PM Kevin Wilson Completed 05/11/2021 3:55 PM Cynthia Hall Completed 05/11/2021 4:19 PM Purchasing Completed 05/11/2021 4:22 PM Budget and Finance Completed 05/11/2021 4:45 PM Packet Pg. 3052 U.8 Maria Slavik Completed 05/11/2021 4:57 PM Liz Yongue Completed 05/11/2021 5:04 PM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 3053 Kevin Madok, CPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: October 22, 2020 °3 TO: Breanne Erickson, Contract Adiniiustrator Project Management o FROM: Paincla G. Hancoc , .C. SUBJECT: September 16'h BOCC Meeting LO CD CD Attaclied is an electronic copy of eacli of the following items for your liandling: C1 Contract witli Cliarley Toppino&Sons in [lie amount of'$530,029.50 for die a) construction of the Reduced Scope East Martello Drainage Pliase II Improvements to be paid by Tourist Development Council Grant #2158. C3 Contract witli Charley rl oppino&Sons, Inc. in the amount of$378,[]{}( .00 for(lie construction of the Clarence Higgs Beach Sand Replenislunent Project to be paid by'l'ourist ry Development Council Grant No. 1759. ;liould you have any questions please feel free to contact me at 005) 292-3550. x 0 CL 0 U cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 3054 U.8.a Agreement Between Owner and ContractorCL Where the basis of payment is a STIPULATED SUM 0 AGREEMENT Made as of the 16t'' Day of September 2020 LU LO BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street 0 Key West, Florida 33040 And the Contractor: Charley Toppino & Sons, Inc. 129 Toppino Industrial Drive Key West, Florida 33040 cv cv For the following Project: REDUCED SCOPE EAST MARTELLO PHASE II DRAINAGE AND PARKING IMPROVEMENTS x Scope of the Work The Scope of Work has been modified due to available funding and shall include, but not be limited to, all work listed below and detailed in the Project Drawings and Specifications. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated Scope of work shall include the following: o 1. Site work at East Martello property, including regrading of gravel road, addressing drainage issues, site lighting, site irrigation, fencing, and landscaping. y 2. Prepare the site by providing all necessary erosion control. 0 3. Clear the site as indicated in the drawings by removing the identified vegetation, ) miscellaneous debris, existing fountain structure, overhead power line and pole, existing PVC fencing, and existing chain link fencing. 4. Furnish & Install ADS piping and inlets per drawings. Page 1 of 18 Packet Pg. 3055 U.8.a 5. Furnish & Install Irrigation system per drawings. 6. Furnish & Install Painted fencing per drawings. CL 7. Site Grading to be executed per drawings. 8. New gravel road to be placed per drawings. c 9. All Cut/Fill is to be the responsibility of awarded contractor. 10. Site Energization is to be furnished and installed per the drawings. 11. This project requires the payment of mitigation fees for the removal of trees. LU Contractor is required to pay mitigation fees and should incorporate those fees into CD CD their proposal bid price ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, W 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 `V 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 y extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A c ARTICLE 3 a, 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. LU The Contractor shall achieve Substantial Completion of the entire Work not later than One 0 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 E Page 2 of 18 Packet Pg. 3056 U.8.a 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. CL FIRST SECOND 31ST DAY & m CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day c $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day , $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recover of dame es and sole remedy for,any delay_caused by the Owner Lu shall be an extension of time on the Contract. L CD CD 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 0 nature could not have been foreseen by such Party or, if it could have been foreseen, was os 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 `V 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 CL c 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Five Hundred Thirty Thousand Twenty-Nine and 50I00 Dollars 530 029.50 , subject to additions and deductions as provided in the Contract Documents. Lu 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 Page 3 of 18 Packet Pg. 3057 U.8.a 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 CL Contract Sum to the contractor as provided below and elsewhere in the Contract os 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: o 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, y Florida Statutes. The Contractor is to submit to the Owner invoices with supporting LU documentation that are acceptable to the Monroe County Office of Clerk and Comptroller LO (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles CD and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of cv Project Management may require. This schedule, unless objected to by the Director of ry 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. x 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 o 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 y 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 0. amount of credit to be allowed by the Contractor to the Owner for a deletion or change 2 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 LU 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 U 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; Page 4 of 18 Packet Pg. 3058 U.8.a 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or a, 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. c 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 LO Management. CD CD ARTICLE 6 Final Payment 0 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor, final inspection of all work has been completed, all permits have been closed and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work cv as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, ry 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 c (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and y 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 c not limited to: .2 A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. 0 D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. Page 5 of 18 Packet Pg. 3059 U.8.a 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). CL H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 c Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or y another Contract Document, the reference refers to that provision as amended or LU supplemented by other provisions of the Contract Documents. LO CD CD 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 °3 the General Conditions. c, 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 cv Commissioners. In the event that the County funds on which this Agreement is dependent ry are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months y from the date of being placed on the convicted vendor list. CL 7.6 The following items are included in this contract: 2 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, U whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained Page 6 of 18 Packet Pg. 3060 U.8.a 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. CL 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 a 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 y logs and supporting documentation; general ledger entries detailing cash and trade LU discounts earned, insurance rebates and dividends; any other supporting evidence LO deemed necessary by Owner or by the Monroe County Office of the Clerk of Court CD 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 °3 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 cv the distribution of payroll, verifying payroll computations, overhead computations, n! 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 LU 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. y b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be CL 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 U of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, Page 7 of 18 Packet Pg. 3061 U.8.a 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 CL enforcement of the remaining terms, covenants, conditions and provisions of this as 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. c 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 LU shall be entitled to reasonable attorney's fees and court costs as an award against the LO non-prevailing party, and shall include attorney's fees and courts costs in appellateCD proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement 0 shall bind and inure to the benefit of the County and Contractor and their respective °3 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 cv County and corporate action, as required by law. Each party agrees that it has had ry 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 LU 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 CL 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 LU Agreement, County and Contractor agree to participate, to the extent required by the 0. other party, in all proceedings, hearings, processes, meetings, and other activities U 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 Page 8 of 18 Packet Pg. 3062 U.8.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 CL and Florida statutes, and all local ordinances, as applicable, relating to as 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 y 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 LO drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, CD Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527(42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the °3 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 cv County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, ry 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 LU 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. 0 U 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 y 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; CL unauthorized compensation; misuse of public position, conflicting employment or 6 contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide LU employee working solely for it, to solicit or secure this Agreement and that it has not 0. paid or agreed to pay any person, company, corporation, individual, or firm, other than U 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. Page 9 of 18 Packet Pg. 3063 U.8.a n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any CL 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 c 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 LU laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article LO I of the Constitution of Florida. The County and Contractor shall allow and permit CD CD 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 0 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 cv prevailing party, be entitled to reimbursement of all attorney's fees and costs ry 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. x LU 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 c 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 CL within a reasonable time at a cost that does not exceed the cost provided in 2 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 LU 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 0 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 Page 10 of 18 Packet Pg. 3064 U.8.a 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 CL 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. c (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 y request, and the Contractor must provide the records to the County or allow Lu the records to be inspected or copied within a reasonable time. LO CD 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 °3 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. cv The Contractor shall not transfer custody, release, alter, destroy or otherwise n! 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 0 RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, y 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 y acquisition of any commercial liability insurance coverage, self-insurance coverage, or Lu 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 E Page 11 of 18 Packet Pg. 3065 U.8.a 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 c 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. LO s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon theCD 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. cV cv t) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. u) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 0 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 y together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. CL 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 U or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Page 12 of 18 Packet Pg. 3066 U.8.a 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 CL acts or omissions of the COUNTY or any of its employees, agents, contractors or as 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 Lu or suspended as a result of the Contractor's failure to purchase or maintain the LO required insurance, the Contractor shall indemnify the County from any and all CD 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 a) 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. cv cv The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of Lu 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 y 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 CL the Agreement. In this regard, all recipients and contractors shall take all necessary 6 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, Lu entered pursuant to this Agreement. 0 U z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. Page 13 of 18 Packet Pg. 3067 U.8.a aa)Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. CL Special Conditions, if any are detailed in Section 00100 of the Project Manual for this a, 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 c 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. LU cc) Entire Agreement. This writing embodies the entire agreement and understanding LO between the parties hereto, and there are no other agreements and understandings, CD 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 0 it becomes effective. a) 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 n! the following persons: n! For Contractor: Richard Topping. President Charley Toppino & Sons, Inc. 120 Topping Industrial Drive Key West, Florida 33040 For Owner: Director of Project Management Assistant,County Administrator PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. c ca Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8CL Termination or Suspension c 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. U 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Page 14 of 18 Packet Pg. 3068 U.8.a 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) CL hours' written notice and provide the Contractor with an opportunity to cure the breach a) 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 o 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 LU LO the right to pursue a claim for violation of the County's False Claims Ordinance, located CD 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 as 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. cv 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 CL Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, o 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 y Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 0 ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: Page 15of18 Packet Pg. 3069 U.8.a a) Specifications for East Martello Drainage and Parking Improvements Phase 2, dated June 2019. CL b) Drawings Dated 6/13/19: Al, D1, A2, A3, A4, A5, A6, A7, C-1, C-2, E1, E2, E4, E5, os CD 1-1.01, 1-1.02, 1-1.03, L2.00, SO, S1, Revised Drawing: E3 02/05/20, and Revised Drawing : 1-1.00 VALUE ENGINEERING 8/14/20 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and o 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 LO Project Manual dated: N/ACD 9.1.4 The Addenda, if any, are as follows: Number Date Page a) 1 5/26/2020 3 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. cv cv cv BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW x 0 CL 0 U Page 16 of 18 Packet Pg. 3070 U.8.a Execution by the Contractor must be by a person with authority to bind the entity. y SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. CL m (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE CO NTY, FLORIDA o 0 uty Jerk ay rl airman d 1, �.o MgMFipE COUNTY ATTOANEV S OFFICE N L APPROVED AU TO FORM r �TAMT COUNTY A OM41E/ CD DATE: RACTOR'S Witnesses Attest: CONTRACTOR: CHARLEY DPPINO ntractar must provide two witnesses AND SONS, C.Psignature �, °3 Signature. cu g 5i nature. Print Name; Print Name: Title: Date: Date: �. and Signatur Print Name: E rVJ Date: '$ _ STATE OF COUNTY OF On this "3� day of 202A), before me, the dersigned notary puiSlii;, e by means oW physical pre sen a or ❑ online, personally appeared L L known to me ibed ague or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for REDUCED SCOPE EAST MARTELLO PHASE II DRAINAGE AND PARKING IMPROVEMENTS for the purposes therein contained- 0 U Notary Public Print Name =, MICHAE�L LA6RADA of Flora-Notary Public My commission expires: (Seal] �r i1$$1On " cc 1 t fires63 ChrYi1Y11$56R Expires.June 19, 2021 Page 17 of 18 Packet Pg. 3071 U.8.a GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions E Section 00970 Project Safety and Health Plan c Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination LO Section 01045 Cutting and Patching CD CD Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals 0 Section 01310 Progress Schedules CD 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 0. Section 01730 Operation and Maintenance Data Section 01740 Warranties 0 U Page 18 of 18 Packet Pg. 3072 U.8.a EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS SECTION 10 NON-COLLUSION AFFIDAVIT I, Richard Toppino of the city Key West according to law on my oath, and under penalty of perjury, depose and say that: 1. I am President c of the firm of Charley Toppino & Sons, Inc the proposer making the Proposal for the project described in the notice for calling for proposals for: East Martello Phase II Drainage and Parking Improvements LO and that I executed the said proposal with full authority to do so; CD CD 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and m 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 CD by the proposer prior to proposal opening, directly or indirectly, to any other proposer or N CD to any competitor; and n! cv 4. No attempt has been made or will be made by the proposer to induce any other person, CD partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The osatements contained in this affidavit are true and correct, and made with fullkn of proj ct. (Signature of Propo er) (Dat ) STATE F: FL CL COUNTY F: Monroe c Subscribed and sworn to (or affirmed) before me, by means of Kphysical presence or❑ online notarization, on _ il— (date) by (name of affiant). He/She is personall known to me or has produced (type of identification) as U identification. M� HAEL LABRADA ii ,rr S;a^e of Florida-Notary PubIG.. M1" ,( Commission, # GG 'r 163 7 OTAR PUBLIC (SEAL) `, My COW,,, ,sion F-,,,. s ,dune 9, LU21 4 y commission expires: PROPOSAL FORM 00120-Page 30 of 218 Packet Pg. 3073 U.8.a EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS LOBBYING CONFLICT INTEREST CLAUSE STATEMENTSWORN I 1 -1 COUNTY,MONROE FLORIDAa) ETHICS CLAUSE c Charley Toino & Sons, Inc (Company) LO CD CD 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. 010-10 or any County officer or employee in violation of Section 3 of Ordinance No. 01 -190. 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". y ry (Signature) ` Date: � x STATE OF, FL COUNTY OF: MONROE a, Subscribed and sworn to (or affirme ) before me, by means ofK physical presence or ❑ online 0. notarization,on (date) c by „ i (name of ffiant). He/She is personally kno r1_to me or has produced as identification. (Type of identification) Lu NOTARY PUBLIC My commission expires: (SEAL) ,�jtx ��r, MICHAEL LABRADA ,F . 4 '_. State of Florida-Notary Public y 'm Commission GG 116317 �� F. y Commission Expires pop, June 19, 2021 d- 'pail l E PROPOSAL FOR 00120-Page 31 of 218 Packet Pg. 3074 U.8.a PARKINGEAST MARTELLO PHASE 11 DRAINAGE AND DRUG-FREE PLFORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: CL Charley Toppino & Sons, Inc m (Name of Business) 1. 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 o 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. LO CD CD 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 m CD 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 CD after such conviction. CD 5, Imposes a sanction on or require the satisfactory participation in a drug abuse assistance orCD n! rehabilitation program if such is available in the employee's community, or any employee who is so convicted. � 6. 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 m complies fully with the above requirements. U Proposer" Signature Date CL 2 STATE OF: FL COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, b1jr means ofX physical presence or❑ online notarization, on _ (date) by (name of aiant). 0 He/She is sonally knrwn to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: PROPOSAL FOR 001 -Page 32 of 218 ICHAEL LABRADA s� f MState of Florida-Notary Public •S Commission #GG 116317 y Commission Expires .tune 19; 2021 X Packet Pg. 3075 U.8.a LOCALEAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS PREFERENCE FORMa, A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. CL 004-2015, must complete this form. m Name of Bidder/Responder Charley Toppino &Sons, Inc Date: Z t-Z C> 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? Yes (Please furnish copy.) 2. Does the vendor have 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 LO CD Department of State for at least one (1)year prior to the notice of request for bid or proposal.) CD CD List Address: 129 Topping Industrial Dr, East Rockland Key, FL 33040 Telephone Number: 305-296-5606 m 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: CD CD 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated ry 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 Addr, Print Name: Richard Toppino nature and Title o Authorized Signatory for Bidder/Responder y STATE OF COUNTY OF �ApU�� CIL 0 n this day of _ , 20 , before me, the undersigned notary public, personally appeared 14/ by means of q physical presence or ❑ online notarization, k to n1e a is sub rlbed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. 0 y commission expir F (SEAL) Print Name �• �.,,yv '�, MICHAEL LABBADA •�` ( �' Stco of FioiazNotary Public commission GCS 11317 "r kydy Go t`nlssion XP"S ,,rfF,,, S Sunk 1 , 20 1 �, PROPOSAL FOR 00120-Page 33 of 21 Packet Pg. 3076 U.8.a EAST MARTELLO PHASE li DRAINAGE AND PARKINGIMPROVEMENTS PUBLIC ENTITY CRIME STATE a, CL °A person or affiliate who has been placed on the convicted vendor list following a conviction for °3 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 o 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 y a period of 36 months from the date of being placed on the convicted vendor list." Charley Toppino & Sons, Inc LO I have read the above and state that neither CD CD (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) CD Date: Z' N N STATE OF: FL COUNTY OF: MONROE ns ca Subscribed and sworn to (or affirmed) before me, by means of El physical presence or ❑ online notarization, on the JZ, day of 20 by Richard Toppino (name of affiant). He/She iso 0 know e or has produced (type of , identification) as identification. My Comm sion xpir s. U (SEAL) U NOTANY PUBLIC NO�,,�#, MICHAEL LABRADA �` ', State of Florida-Notary Public r� `z Commission # GG 116317 -,��DF4"o My Commission Expires F/d#¢4i1; June 19, 2021 PROPOSAL FORM 00120-Page 34 of 21 Packet Pg. 3077 U.8.a EAST MARTELLO PHASE II DRAINAGE AND PARKINGIMPROVEMENTS VENDOR CERTIFICATION REGARDI G SCRUTINIZED COMPANIES LISTCL S Project Description(s) East Martello Phase II as Respondent Vendor Name: Charley Toppino & Sons, Inc Vendor FEIN: 59-2426906 Vendor's Authorized Representative Name and Title: Richard Toppino, President Address: 129 Toppino Industrial Dr City: Key West State: FL Zip: 33040 Phone Number 305-296-5606 Email Address: MLabrada@charleytoppino.com LO CD CD .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 aCD ' 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 c, Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which CD were created pursuant to s. 215,473, Florida Statutes, or is engaged in business operations in Cuba or CD Syria. ry cv As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified CD 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 0 false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in c, 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. CL Certified By: Richard Toppino who is authorized to sign on behalf of the a n coZ4,1 y., y Authorized Sign e.° Print Name: l G " Title: President Note: The List are available at the following Department of Management Services Site: httpa l ww.dms.m fyflorida c m/busin s op C �iorrsl take urchasin !vendor informationlconvi ted sus ended d�scw�minatory comr�laints vendor lists PROPOSAL FORM 00120- Page 35 of 21 Packet Pg. 3078 U.8.a LISTINGEAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS SUBCONTRACTOR CL Division Subcontractor Contact Person Ph#Wares code Fax Cell: Address a) ns 02900 Blue Native Albert Martinez 305-393-1325 305-489-6489 155 Toppino Industrial Dr, Key West, FL 330A 02820 Florida Fence Corporation 305-852-4324 PO Box 227 Tavernier, FL 33070 16500 Pedro Falcon Contractors Roman Sviridenko 305-872-2200 305-872-2219 31160 Ave C. Rig Pine Key, FL 33043 y LO CD Co a) ns CJ cv cv cv X CJ CL ns 0 U PROPOSALFORMa 1 0-Page 36 of 218 Packet Pg. 3079 U.8.a COMPENSATIONEAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS a, INSURANCE FOR CL CONTRACT: EAST MARTELLO PHASE II DRAINAGEBETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain LO CD Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes CD CD and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,00,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee '✓ cv Coverage shall be maintained throughout the entire term of the contract. n! Coverage shall be provided by a company or companies authorized to transact business in the n! 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 ca upon request from the County. CL 0 U PRE-PROPOSAL SUBSTITUTIONS 0010-Page 39 of 218 Packet Pg. 3080 U.8.a EAST MARTELLO PHASE II DRAINAGE AND PARKINGIMPROVEMENTS GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CL CONTRACT: TELL IIDRAINAGEa) BETWEEN MONROE COUNTY, FLORIDAo !) LO CD CD 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: Premises Operations • Products and Completed Operations ca ® Blanket Contractual Liability Personal Injury Liability `V cv The minimum limits acceptable shall be: 1,000,000 Combined Single Limit x An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. CL 0 LU U PRE-PROPOSAL SUBSTITUTIONS 00140- Page 40 of 213 Packet Pg. 3081 U.8.a EAST MARTELLO PHASE II DRAINAGE AND PARKING VEHICLE LIABILITYCL REQUIREMENTSINSURANCE m FOR EAST MARTELLO PHASE II DRAINAGE BETWEEN o MONROE COUNTY, FLORIDA AND LO CD 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 a) 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: cv 1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall e: $500,000 per Person 1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. CL 0 U PRE-PROPOSAL SUBSTITUTIONS 00140-Page 41 of 218 Packet Pg. 3082 U.8.a EAST MARTELLO PHASE 11 DRAINAGE AND PARKINGIMPROVEMENTS PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT CL INSURANCE REQUIREMENTS of Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident o $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee LO General Liability, including $1,000,000 Combined Single Limit CD CD Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability a, Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit c, If split limits are preferred: cv cv $500,000 per Person $1, 00,000 per Occurrence $100,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. 0 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 CL from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative o proceedings, appellate proceedings, or other proceedings relating to any type of injury (including 0) 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, LU contractors or other invitees during the term of this Agreement, (B) the negligence or a, 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 °3 PRE-PROPOSAL SUBSTITUTIONS 00140-Page 42 of 218 Packet Pg. 3083 U.8.a EAST MARTELLO PHASE 11 DRAINAGE AND PARKING IMPROVEMENTS expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. CL 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. LU y The first ten dollars ( 10.00) of remuneration paid to the Contractor is for the indemnification LO CD provided for the above. CD The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. m CD OPOSER'S STATEMENT CD I understand the insurance that will be mandatory if awarded the contract and will comply in full CD with all of the requirements herein. I fully accept the indemnification and hold harmless and duty n! to defend as set out in this proposal. CD Charley Toppino & Sons, IncLU jF a PROPOSER Signature 0 CL LU 0 U PRE-PROPOSAL SUBSTITUTIONS 0010-Page 43 of 218 Packet Pg. 3084 U.8.a EAST MARTELLO PHASE II DRAINAGE AND PARKINGIMPROVEMENTS CL as I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy, POLICY DEDUCTIBLES Cc3G"oZ � d�A LO Co 2. az4 _ as Liability policies are ccurrence Claims Made cV cv Insurance Agency Signature 0 CL 0 U End of Section 00120 INSURANCE E UI ENTS AND FORMS E Packet Pg. 3085 U.8.a DATE(MMIDDIYYYY) ACCM?"' CERTIFICATE OF LIABILITY INSURANCE 5119/2Cl20 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 onCL this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). ay PRODUCER NAME:CT �ArosE Marsh & McLennan Agency LLC PHONE 3sI5-",;91 009C1 FAX roe) 212-948=5665 9850 N.W. 41 st Street tv , � Lr) ADDRESS: �;ttSITNR4aItTi@rnma-fl.com Suite 100 ADl�racss @rnma-fl.com _ Miami FL 33178 Ir,sURER[ JAf"1=d RDING COVERAGE NAIC 0 0 INSUArRA:l ravelers Indemnity Go of America 25666 _ U INSURED CHARkAOPPI INsuRERB.Phoenix Insurance Ceirnlaarly _ _ i 28523 Charley Toppino & S rm Inc. Monroe Concrete Pru 1LICts Inc. [Nsuar.Rc Travelers Prope#ly C,as;laity Co of Amer 36161 P,O BOX 787 wsuRrRD The Travelers Indemnity�,orripany i 25658 Key West FL 33041 INSURERE COVERAGES CERTIFICATE NUMBER:745968533 REVISION NUMBER: Q TI IIS IS TO CERTIFY IHAI -I He POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD L_ INDICAIED 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSfd ....TYPE OF INSURFaNCE... POLICY EFF POLICY Ex#� _.... ..- LIMITS .... .._ L1Id �' POLICY NUMBER 1.M@'s9ADt}PYY'YYY pr"'r.&ODIYy,yY _ COMMERCIAL GENERAL LIABILITY DTC03202M181TIA20 ' 5/19/2020 5/19/2021 EAC„iC)+.CU kENCF ($21-0C10,000 DA IAOl TO EN a � x X ocCUR rhf?[ ,41 r€.'a q3 a r.i ar,i,:.r S 300,000 CLAIMS-MADE ! MED E xH irrs k o $5,000 PER SONAL 8,ADV INJURY i$2,000,000 � DENT AGGREGATE LIMIT APPLIES PER _ � _GENERAL F4C,G _GATE- S4,000,00'0 N "ULI'-:Y JC[:*'1 ,i LCJt� t tt{.rD CIS C,i-..MI AOPA its S�?_CI00,0EJC _ _ N e��.l".,rLi t.iMli r AUTOMOBILE LIABILITY 810ON4284482026G 5/19/2020 5t 1912021 „tE s�r.iu'Wi,;t) $1,000,000 X ANY AU) 0 BOD LY INJURY(Per person) 001*G 4J JT1L _ED BODILY INJURY(I e r ncosdent) AU 1OS(?i;_Y AtJO 3 - Cb X Hl RnD X NON-OWNED r 3s3'1 PI 6#T'"E7AN,l.i*�i.` AU MS ONI Y AUTOS ONLY � � l;� li l;u;JSN�IdI} ... , C X UMBRELLA LIAR }'< _ OCC;l1td -. CUF'3J6572212026 5/19/2020 5119/2021 EACS I OCCURRENCE I r 1.0 000 000__ EXCESS LIAR r,L.A.IsJ 9t-ra}°s: AGGRE GA1 E I y 10,000,000 DEID X 5 ` I"i�`, ` i t• j U I; WORKERS COMPENSATION �K5263662026G 5/19/2020 5/19/2021 ,1X T,3tA'I`�#Ti UI� AND EMPLOYERS LIABILITY - _ 'r7` 9 stiff TC7n I fi,t TN r,h„Ef.'J1IVE Y 1 N �,, - - T E L EACH ACCIDENT $l'oor11 I"xio _ s= t4 is P!li P,iS P r-P..:Ll1L+t Dt N 1 A _ _ - f/1 dTq aieoalo y rE hd ) ry� i — 1 E DISEASE ASE r!a r INIPIL 7Y6 1i $1,J43 r9G0 4q'- t dI 7()INOF,,r^I R,M A Intabyl - - - t:1, I)IS[AS EC)L h.iY Lllllfl _$1,aJU0,0t;CC .� 9 23 2020 EL i — 0 DESCRIPTION OF OPERATIONS t LOCATIONS;VEnICLES fACU.RU 10,A(Ytata,011M h9n1erxs oC;.:.jY,Atnu,raxiy utr ns s_Pivm Ra 3—p mow ,.�.required) General I Iah ilrly iaggte ate,applies per Protect if re ctuired by written contract. Monroe County Board Ql 4 OUl'Ry Crammis iurr.rs,its e niploye ras and oflidals,as Designated Orgarwatl011., s an Additional Insured as respects General&Auto y t r�Ibllily Urtllarell-3 lellowa ,,to nl 10 policies as rc,specls to Addrliela ial Irisureds.All of the above is applicable When required by written contract � sundae'!10 the tiers Conditionls and e.xcleisions Cat!ITC.fartrcy, 0 U CERTIFICATE MOLDER CANCELLATION U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE U THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 0 Monroe County Board of County Commissioners (BOCC) 0 500 Whitehead St _ Key West FL 33040 AUTltortlZErPF2EPRESENTATivE ,�;r M ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 3086 { U.8.a 10fixell-VAIA0 Document A3121m - 2010 W Performance and Bond Na, 107229365 CL CONTRACTOR: SURETY: (Nance., legal status and address) (Marne, legal status andprincipal place Charley Toppino & Sons, Inc. of business,) e 129 Toppino Industrial Drive Travelers Casualty and Surety Company This document has Important legal Key West, FL 33040 of America consequences.Consultation with OWNER: One Tower Square an attorney Is encouraged with (Marne, legal status and address) Hartford, CT 06183 respect to Its completion or y modification. LU Monroe County Board of County Commissioners Any singular reference to a 500 Whitehead Street Contractor,surety,owner or Key West, FL 33040 other party shall be considered CONSTRUCTION CONTRACT plots!►where applicable, DatoSeptember 16th, 2020 AlA DocumentAsl .2o10 aCD c combines two separate bonds,a Performance Bond and a Amount: $530,029.50 Payment Bond,Into one form. �? This is not a single combiner! CD Description: cv Performance and Payment Bond. CD (Name and location) C44 East Martello Phase II Drainage and Parking Improvements "! BOND Doc#2282875 8k4 30415 Pg#2053 Recorded 9/"2�2020 12:31 PM Pale 1 of9 Date: September 18th � , 2020 (Nat earlier than Construction Contract Late) Filed and Recorded in Official Records of :V ONROE COUNTY KEVIN'b ADOK.CPA j Amount: $530,029.50 0 Modifications to this Bond: X None CI See Section 16 CONTRACTOR AS PRINCIPAL SURETY CL Company: (Co)pOr ate Seal) Company: (C rpI5t"te Seal) e Charley To no& S Ind. Travelers Casualty and u' t�r Company of America Signature )l Signature, _ r Name Nacre William L.Parker, A orney in Fact and FL Resident Agent � and"11tle: and`Title: (tiny additional signatures appear on the last page of this Peiformance Boliu',) U (FOR IMP,ORMATTOW ONI Y---Nance, address and telephone) .� AGENT or BROKER.: OWNER'S REPRESENTATIVE: � (Architect, Engineer or other party) InSource 9500 S, Dadeland Blvd,,Suite 400 Miami,FL 33156 E Init. AIA becumanf AV211'—2010.The American Institute of Architects. aside Packet Pg. 3087 U.8.a §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. CL CD §3 If there is no Owner Default cinder the Construction Contract,the Surety's obligation under this Bond shall arise after ,1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Stich notice shall indicate whether the Owner is requesting a conference among e 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, r OCD Co but such an agreement shalt not waive the Owner's right,if any,subsequently to declare a Contractor Default; w .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and m .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. §4laailure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure W 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, CD ry cv §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent Contractors; §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 y executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and flay 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 CL a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the oircurnstances: v, .1 After investigation,determine the amount for which it may be liable to the owner arid,as soon as � practicable after the amount is detennined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 0 §B 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 perform its obligations under this Bond,and the owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner, m (nit. AIA Document A312t"—2010,The American institute of Atchitects. Packet Pg. 3088 U.8.a §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the , Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for y A the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; CL ,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. e W §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, as g 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 w unrelated obligations.No right of action shall aeorue on this Bond to any person or entity other than the Owner or its 'n CD heirs,executors,administrators,successors and assigns. Co §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. m §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 t� of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page � on which their signature appears, §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the constriction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrorn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. c §14 Definitions §141 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received CL or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or oil.behalf of the Contractor under the Construction Contract. as §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, y as including all Contract Documents and changes made to the agreement and the Contract..Documents, 0 §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to U comply with.a material term of the Construction Contract. a §14.4 Owner Default,Failure of the Owner,which has not been remedied or waived, to pay the Contractor as required a under the Construction Contract or to perform and complete 6r comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. U as §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. (nit. AIA Document A3121"—2010.The American Institute of Architects. Packet Pg. 3089 U.8.a §16 Modifications to this bond are as follows: CL y uO CD CD CD CD cv CD cV CD cv 0 CL 0 (Space is provided below for additional signatures of added parties, othe),than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: - _ Name and Title: Flame and'Title: Address Address Init. AIA Document A312111—2010.The Arneftan Institute of Architects. Packet Pg. 3090 U.8.a TM PaNvAIA DocumentA312 . 2010 Bond No. 107229365 Payment Bond CIL a) CONTRACTOR: SURETY: (Name, legal stators and address) (Name, legal statma andlarincipal place Charley Toppino & Sons, Inc. of business) 129 Toppino Industrial Drive Travelers Casualty and Surety This document has important legal Key West, FL 33040 Company of America consequences,Consultation whit OWNER: One Tower Square an attorney is encouraged with (Name, legal status and address) Hartford, CT 06183 respect to its carttpletiran or y modification.Monroe County Board of County CommissionersO 500 Whitehead Street Any singular reference to eCD Contractor,Surety,Owner or CD Key West, FL 33040 other party shalt be considered CONSTRUCTION CONTRACT plural where applicable. Date: September 16th, 2020 AiA Document A1 -2070 0) combines two separate bands,a en Performance Hand and a Amount:$530,029.50 Payment Bond,Into one form. This Is not a single combined Description: Performance and Payment Bond, N (Name and location) N East Martello Phase II Drainage and Parking Improvements BONi3 Date: September 18th, 2020 (Mot earlier than C'onstrarction Conn act Late) x u.t Amount: $530,029.50 2 Modifications to this Bond: ❑None see Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Co CIL �ac�r,'le Seal) IL Charley T p no,i s, lbC. Travelers Casualty and Sore Company of America Signattt. , Signature: Name � Name William L.Parker,Attorne in Fact and FL Resident Agent y and Title: and Title: (Any additional signatut-es appear on the last page of tlzt.�Pa}+rzreni 13anrL) 0 (FOR INI^ORM,,4TIOMONI,Y--Mom,-, address and telgjl>hone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Ar-ehiteet, Engineer or,othei,party) � InSource 9500 S.Dadeland nlvd.,Suite 400 Miami, FL,33156 E Init. AIA Document AM —20%The American institute of Archiiet%. oe+�io t Packet Pg. 3091 U.8.a §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 CL harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials a, CD or equipment furnished for use in the performance of the Construction Contract, then the Surety and the:Contractor shall have no obligation u:lder this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Borld e shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense ' OCD defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lieu or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: a) §5,1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was, furnished or �? supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Clairn to the Surety(at the address described in Section 13). cv §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 5.1.1 is given by the Owner to the Contractor,drat is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.I.1, §7%en 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, 0 CJ §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claire, 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. CL c §M The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shalt indemnify the Claimant for the reasonable attorney's LU foes the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 0 §8 Tho Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. IniE. AIA Document A312T"'—2010.The A narican Institute of Architects. Packet Pg. 3092 U.t3.a §10 The Surety shall not be liable to t;he 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 matte payments to,or give notice on behalf ' of,Claimants or otherwise have any obligations to Claimants under this bond, cu 11 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to CL related subcontracts,purchase orders and other obligations. m CD §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 fin-nished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by late,the minimum period of limitation available to sureties as a y defense in the jurisdiction of the suit shall be applicable. LU LO §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown a on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this bond has been flimished to comply with a statutory or other legal requirement in the location where a) CD the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement C shall be deemed deleted herefroin and provisions conforming to such statutory or other legal requirementt shall be M 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. CD CD cv §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shalt promptly furnish tr copy of this Bond or shall permit a copy to be made. CD §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum., .1 the name of the Claimant; X LU .2 the name of the person for whom the labor was clone,or materials or equipment furnished, .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was � furnished for use in the performance of the Construction Contract; ,4 a brief description of the labor,materials or equipment furnished; ,5 the date on which the Claimant last performed tabor 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; CL J the total amount of previous payments received by the Claimant;and e .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 fiimish labor,materials or equipment for use in the perfonrance of the Construction Contract. The terns Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon.which the Project is located.The intent of this Bond shall be to U include without limitation in the terms"tabor,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 lien may be asserted in the jurisdiction where the labor,materials or equipment were w furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, m including all Contract Documents and all changes made to the agreement and the Contract Documents. hilt AIA Document A3121"—2014.'fi o American institute of Architects. 1 Packet Pg. 3093 U.8.a § 16,4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material teens of the ' Construction Cataract. , 16.5 Contract Documents,All the documents that comprise the agreement between the Owner and Contractor. CL a) §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 terns Owner shall be deemed to be Contractor. §16 Modifications to this bond are as follows: LO CD CD this bond is given Ca comply with section 255.05 Florida statutes,astd any action instituted a a) claimant under this bond for payment must be in CD s= accordance with the notice and time limitation � provisinns ir,section 255.€75(2).Florida statutes � fJ CD N CD CD rti N r x 0 tJ CL 0 (Space is provided below far additional signatures of added parties, other than those appearing on the cover page) � CONTRACTOR AS PRINCIPAL SURETY � Company: (C,arparwe Seal) Company: (Corporate Seal} 'a Charley Topping� on , I Travelers Casualty and Surety ( mpany of America Signature: �' 7 J C V Signature; � .__e_ __ ''� _ _ � i�larrre and Title wC ~ _ Name and l°ftle: { William L. Park6r:Attorney in Fact & FL Res F it Address 129 T `ppino Industrial Drive Address One Tower Squa, e, Hartford CT, 06183 Key West, FL 33040 Ittlk. AIA Document A31210--2010,The American Institute of Architects, Packet Pg. 3094 » U.8.a Travelers Casualty and Surety Company of America AW Travelers Casualty and Surety Company St.. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, al y 1. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively caile w "Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of MIAMI CL Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bands, recogniza m , conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeim Cn3 fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted it i 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 Fehr 2017, G wtACO . dcmwn Ge7Ni N u7 State of Connecticut CD CD City of Hartford ss. Robert L.Raney,Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice Preside f Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, ant c i he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporatioi himself as a duly authorized officer. U In Witness Whereof,I hereunto set my hand and official seal. G1 My Commission expires the 30th day of June, 2021 tao'OLL CD * It Marie C.Tetresult,Notary Public CD This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty — Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now i ow force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact Lu Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign 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 t i recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revok4 power given him or her;and it is 0 FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such deleg is in writing and a copy thereof is filed in the office of the Secretary;and it is y FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or condit undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any S CL Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assi = 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 or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or i m 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 President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Crow Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes or executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate be 0 such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such face signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and S Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing Is a true and correct copy of the Pow Attorney executed by said Companies,which remains in full force and effect. Dated this 18 day of September 2020 04 ysWrya�wrr�pa®G E (sa camKWF Art »wall Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421 3880. Please refer to the above-nar»ed Attorney-In-Pact and the details of the bond to which the power/s att Packet Pg. 3095 U.l3.b MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: Reduced Scope East Martello Phase II Drainage and Parking Improvements CHANGE ORDER NO: 005 INITIATION DATE: 05/04/2021 0 CONTRACT DATE: 09/16/2020 06 TO CONTRACTOR: Charley Toppino&Sons, Inc. 129 Toppino Industrial Drive 0 Key West, FL 33040 m The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)......................................... $530,029.50 Net change by previously authorized Change Orders................................_..................... $124,109.16 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was........,.. $654,138.66 y The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order...................... $70,276.50 CL W The new(Contract Sum) (Guaranteed Maximum Price) including this Change Order is.... $724,415.16 The Contract Time will be(increased) (decreased) (unchanged) by....................... 0 days The date of Substantial Completion as of the date of this Change Order is..................... 06/18/2021 0 Detailed description of change order and justification_ The County requested this Change Order Request to install sod. Several sod options were identified in the previous design, with future selection to be based on available grant funds. This option also adds soil treatment- top soil/compost, soil fertilizer and ph treatment, which are sod type specific. LO Change order is 13 6%of oricrinal contract price,vF�� CD Not valid until sioned-by Owner Architect if ap ontrac A-, � t� ARCHITECT: David aI ' �a5/6/21 Be ,7 Associa s, Architects PA Date CJ CONTRACTOR: ,. .. - t w Charley Top 'no&So s, Inc. Date LO BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By Mayor/Chairperson As Deputy Clerk MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM ASSSTANT COUNTY ATTORNEY DATE' s-ns-9n91 Packet Pg. 3096 U.8.b Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No❑ vi If Yes, explanation: The design included options to select depending on grant funds availability_ 06 • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: m • Change Order exceeds$50,000 or 5% of contract price(whichever is greater). Yes ® No❑ If Yes, explanation as to why it is not subject for a calling for bids: The existing contractor is onsite and work is currently in progress on the project. Going back out for bid would result in a significant increase in project time and would most likely not save any money as any new contractors would have mobilization costs added to their bids. L • Project architect approves the change order. Yes® No ❑ 2 If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes❑No LO Should a claim under the applicable professional liability policy be made? Yes❑ No E CD Explain: There was no error in design. 0) LO U Packet Pg. 3097 U.8.b , Ams"M qw PRICE QUOTATION Attention: Monroe County Purchasing Department DATE: 5/3/21 1100 Simonton St Key West,FL 33040 U East Martello-Phase II-Change Order#4 vi ITEMIZED QUANTITIES O Location: East Martello,South Roosevelt Blvd,Key West,FL 33040 Scope: Plant Installation,Sod Installation,and Topsoil 06 Ci Item Descn tion Units Cost per Unit Line Item Cost Notes O Plant Installation-Commercial Landscape Construction 1 50/50 Mix Per Cubic Yard 5 Cu Yd $ 28,75 $ 143.75 50150 Soil Mix,Per Truckload _ _ a Ea $ 1,196 00 ..$ 9 568.00 t8 Caboa a Palm,Sabal a/metto,Field Grown 15 Ea $ 230,00 $ 3 450.00 Coral Bean,Erythrina herbacea.25 Gallon 2 Ea $ 559,BB '$ 1,119.76 Fran ani,Plumena pudica'Bridal Bouquet'.25 Gallon 3 Ea $ 369,93 $ 1,079.77 Gumbo Limbo,Bursera simaruba,65 Gallon 1 Ea $ 879.81 $ 879,81 Lime Tree'Key Lime',Citrus Au2nbflora,25 Gallon 3 Ea $ 359,93 $ 1.07937 Mahogany Tree,Swietenia maha onr,Feld Grown I Ea $ 3,199 30 $ 3.199.30 to Mango'Glenn'.Mangifera mdica'Glenn 45 Gallon 1 Ea $ 879,81 $ 879.81 — _ Mar „t'Haderr'Mar ,foraaatidrea'Ngden.45Gallon 2 Ea $ 879.81 $ 1,759,62 CL Mang;)Kent',Mangifera rndica'PCent 45 Gldton 1 Ea $ B79,81 $ 879.81 Mango'Nam Duc-Mi',Man ifera indica'Nam Duc Mi 45 Gallon 1 Ea $ 879,81 S 879,81 Ro al Poinciana,Flambo ant Tree,Flame Tree,Delomx re is 65 Gallon 2 Ea $ 79983 $ 1.599.65 Sapodilla Tree,Manilkara zapota,45 Gallon 1 Ea $ 87981 $ 879.81 Satin/eat,Ch soph llum oliviforme,45 Gallon 2 Ea $ 719.84 $ 1,43969 Super Sack,Bulk 8a 5 Ea $ 2875 $ (143,75) Q Transportation 2 Ea $ 82225 $ 1,644,50 C Wax M rfle,M rica cerifera Field Grown 3 Ea $ 559,88 $ 1-679,63 0) Labor hours 75 Hours $ 7475 $ 5.60625 $ 30,437,46 — 2 Sad Installation-Commercial Landscape Construction Bahia Sod,Paspalum notatum,Per SF 60,400 SF $ 0.40 $ 24.160 00 50/50 Soil Mix*22 cy truckloads 22 Truckload $ 1,28075 $ 28,176,50 to Labor Hours 240 Hours $ 74.75 $ 17,940.00 CD 0 7676-50 Subtotal $ 900,793.96 4 Performance/Payment Bonds $20 OOIThousand 1 0 LS $ 5 Mobilization/Demobilization 1,o LS $ 6 General Conditions 1,0 LS $ _..Total: $ 700,77$.96 Notes Net 30 a ment terms,prooposal valid for 30 days -- Inclusions: Soil testing and basic treatment to Exclusions: Bonding,asbestos abatement,lead paint removal,environmental testing,surveying,contaminated soils removal„unlit relocations Prepared by: slsea z- '� Estimator .. Charle Toppino&Sons,Inc. ...... —Sheetj 1 of 1 Date: 5/3/21 Packet Pg. 3098