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Item C18 C.18 i�` CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS y M T� \�1a� Mayor Michelle Coldiron,District 2 �1 1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: C.13 Agenda Item Summary #3330 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Jordan Salinger (305) 570-9156 N/A AGENDA ITEM WORDING: Approval of an Agreement with Charley Toppino & Sons, Inc. in the amount of$1,445,000.00 for the Phase I development of Rowell's Waterfront Park. This project is funded by TDC Grants and Fund 304. ITEM BACKGROUND: Rowell's Marina was purchased by the county with the intent to create Rowell's Waterfront Park. This project will occur in multiple phases. For Phase I, this project includes clearing and grubbing; removal of existing asphalt and fencing; construction of asphalt driveway,parking spaces,pedestrian sidewalk and crosswalk, restroom facility with associated utilities, and a pedestrian pathway that runs from a 30' x 30' concrete pad near Blackwater Sound and connects with the existing trail on the north side of U.S. 1; signing and pavement markings; installation of fencing, bike rack, and parking lot lighting; landscaping, including planting and some tree removals. Charley Toppino & Sons, Inc. was second lowest price proposal. The low price proposal was provided by Florida Lemark Corporation. The difference between the bids was approximately $140k. Florida Lemark claimed local preference but does not qualify as a local company under the County ordinance. In addition, Florida Lemark failed to disclose multiple construction lawsuits. PREVIOUS RELEVANT BOCC ACTION: February 2018—BOCC approval of the Unity of Title which consolidates Monroe County's two parcels into a single lot May 2017 - BOCC entered into a contract with S&ME for design and construction documents for development of Rowell's Waterfront Park December 2016—BOCC approval to enter negotiations with Littlejohn Engineering Associates, Inc. for the design of Rowell's Waterfront Park March 2015 —BOCC approval to execute LAP agreement with FDOT June 2014 —BOCC approval of the 2014 Transportation Alternative Program (TAP) Funding Application December 2013 —BOCC approval to Purchase Rowell's Marina Packet Pg. 578 C.18 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Charley Toppino - Rowell's Bid ROWELL'S PARTIAL EXECUTED CTS - Rowell's Bid Bid Tabulation Sheet FINANCIAL IMPACT: Effective Date: 6/16/2021 Expiration Date: 270 days after Notice to Proceed issued Total Dollar Value of Contract: $1,445,000.00 Total Cost to County: $940,764.00 ($504,236.00 in TDC grants) Current Year Portion: $500,000.00 Budgeted: Yes Source of Funds: TDC Grants and Fund 304 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: TDC County Match: Insurance Required: Yes Additional Details: 304-25000-CC 1901 06/16/21 304-25000 - CULTURE & RECREATION PRO $1,421,000.00 CC1901 REVIEWED BY: Cary Knight Completed 06/01/2021 4:59 PM Kevin Wilson Completed 06/01/2021 4:59 PM Joseph DiNovo Completed 06/01/2021 5:27 PM Purchasing Completed 06/01/2021 5:28 PM Budget and Finance Completed 06/01/2021 5:32 PM Maria Slavik Completed 06/01/2021 5:58 PM Liz Yongue Completed 06/01/2021 6:00 PM Packet Pg. 579 C.18 Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 580 C.18.a Rowell's Waterfront Park Phase I SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages CL le 1. Proposal Form 27-28 CL 2. Bid Bond (Proposal Security) 30 3. Non-Collusion Affidavit 31 4. Lobbying and Conflict of Interest Clause 32 5. Drug-Free Workplace Form 33 v, 6. Local Preference Form 34 0 7. Public Entity Crime Statement 35 8. Vendor Certification Regarding Scrutinized Companies List 36 0 9. Subcontractor Listing Form 37 ez 10. Insurance Requirements and Policy and Procedures 38-39 11. Workers Compensation and Employers' Liability 40 12. General Liability 41 13. Vehicle Liability 42 c 14. Proposer's Insurance and Indemnification Statement 43-44 15. Insurance Agent's Statement 45 16. Contractor License: A Current Copy to be submitted with Proposal. c Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. c ez 0 INFORMATION REQUIRED TO BE PROVIDED °® m 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership,a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. ATTACHED B. A list of the officers and directors of the entity. ATTACHED PROPOSAL FORM 00120-Page 24 of 220 Packet Pg. 581 C.18.a Rowell's Waterfront Park Phase I C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). 56 YEARS; SEE ATTACHED D. The number of years the person or entity has operated under its present name and any prior names. 16 Years under current name: Previously "Toppinos Inc" since CL 1984 E. Answers to the following questions regarding claims and suits: CL a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES NO 0 0 b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners(this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, e® principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO c, Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO X❑ d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe Counly or been sued by Monroe County in connection with a contract to PROPOSAL FORM 00120- Page 25 of 220 Packet Pg. 582 C.18.a Rowell's Waterfront Park Phase I provide services, goods or construction services?This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) CL YES NO CL e. Whether, within the last five (5) years, the Owner, an officer, general partner,controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner o to thoroughly consider the matter.) 0 YES NO �' 0 fa Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. SEE ATTACHED g. Financial statements for the prior three (3) years,. Please grvide in a separate email for the Contractor's confidentiality, and clearl label the email as "CONFIDENTIAL". ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road y or any other public works project is exempt from F.S. 119.07(1)and s.24(a), a, Art. 1 of the State Constitution.") However, any financial information the o Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not o be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. SEE ATTACHED c, PROPOSAL FORM 00120-Page 26 of 220 Packet Pg. 583 C.18.a Rowell's Waterfront Park Phase I SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET CL ROOM 2-213 KEY WEST, FLORIDA 33040 2 PROPOSAL FROM: CHARLEY TOPPINO & SONS, INC PO BOX 787, KEY WEST FL 33041 The undersigned, having carefully examined the Work and reference Drawings, Specifications, 6 Proposal, and Addenda thereto and other Contract Documents for the construction of: c Rowell's Waterfront Park Phase 1 0 and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and e® regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where _ the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent 6 physical condition which could be reasonably anticipated by reference to documentary information c provided and made available, and from inspection and examination of the site. 0 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. m One Million Four Hundred Twenty One Thousand Dollars (Total Base Proposal-words) $ 1,421,000.00 Dollars (Total Base Proposal —numbers) I acknowledge Alternates as follows: PROPOSAL FORM 00120-Page 27 of 220 Packet Pg. 584 C.18.a Rowell's Waterfront Park Phase I Alternate#1: Replace entire length of Flexi-Pave Path along north side of property with 10-foot-wide 4000psi concrete path reinforced with #7 rebar 6" concrete depth with 6" aggregate base designed to withstand occasional vehicular traffic. Twenty Four Thousand Dollars. (Alternate#1 -words) CL 24,000.00 $ Dollars. CL (Alternate#1 — numbers) 2 Alternate #2: SF Pricing for extending the path described in alternate 1.. Twelve Dollars and Ninety Cents per SF Dollars. 6 (Alternate#2 -words) c 0 $ 12.90/SF Dollars, (Alternate#2 — numbers) 0 Unit prices, if any, are as follows: N/A 0 I acknowledge receipt of Addenda No.(s) No. 1 Dated 4/9/21 No.2 Dated 4/20/21 6 0 No. Dated , 0 No. Dated 0 m PROPOSAL FORM 00120-Page 28 of 220 Packet Pg. 585 C.18.a Rowell's Waterfront Park Phase I Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1. Proposal Form 2. Proposal Security (Bid Bond) 3. Non-Collusion Affidavit CL 4. Lobbying and Conflict of Interest Clause 5. Drug-Free Workplace Form CL 6. Local Preference Form and requirements (if applicable) 7. Public Entity Crime Statement 8. Vendor Certification Regarding Scrutinized Companies Lists 9. Subcontractor List Form 10. Proposer's Insurance and Indemnification Statement o 11. Insurance Agents Statement (signed by agent) 0 12. Answered Required Questions 13. Provided three (3) Customer References and three (3) Credit References 14. Provided three (3) years of Financial Statements in separate email marked "CONFIDENTIAL" 15. Certified copy of Valid Florida Contractor's License 16. Current Monroe County Occupational License Business CHARLEY TOPPINO & SONS, INC Name: DBA: — Business ?� EIN # 59-2426906 Business Mailing o Address: 129 Toppino Industrial Dr Address: PO Box 787 0 City, Key West, FL 33041 Key West, FL 33041 E State, Zip City,State,Zip 0 Phone: 305-296-5606 Local Phone: 305-296-5606 - m The physical business address must be regi tared as its principal place of business with the Florida Department of State for at least one (1)yea rior to e-hotice of request for bid or proposal. Date: Signed /I V. E Printed 1 Title: Witness: PROPOSAL FORM 00120-Page 29 of 220 Packet Pg. 586 C.18.a Rower's Waterfront Park Phase BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we Charley Toppino&Sons, Inc. US Highway 1, Mm 8.5, Rockland Key, Key West, FL 33040 (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Connecticutas Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board of County Commissioners 500 Whitehead St, Key West, FL 33040 (Here insert full name and address or legal title of Owner) Five Percent of Bid as Obligee, hereinafter called the Obligee, in the sum of _Proposal Submitted Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. y Rowell's Waterfront Park Phase I — Key Largo, FL WHEREAS, the Principal has submitted a bid for RFP-365-0-2021/la c (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, �? then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations y provisions in Section 255.05(2), Florida Statutes. , 0 Charley Toppino&Sons, Inc. 0 (Principal) (Seal) c (Witness) t � (Title) Travelers Casualty a urety CompanyZmerimr, W (Surety) (Seal) ns (Witness) '' (Title) veil t. ardcer,Attorney in Fact&FL Resident Agent PROPOSAL FORM 00120- Page 30 of 220 Packet Pg. 587 C.18.a Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSJ 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, and Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called "Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of MIAMI Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizance conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing I fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In e 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 Februa y 2017. CL (Jt'l r r aria IN* = � CL cow r 0 State of Connecticut r By: City of Hartford ss. Robert L.Raney,Sa or Vice President y On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President Travelers Casualty and Surety Company of America,Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company, and If he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations himself as a duly authorized officer. 0 In Witness Whereof, I hereunto set my hand and official seal. rt My Commission expires the 30th day of June, 2021QJtLR.. C + Marie C,Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty ai '® Surely Company of America,Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in f 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, a Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact ai 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 w 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 bor recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke t '® power given him or her; and it Is y FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vi a' 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 delegati Is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditior undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Sen , Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any AssistE 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 o 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 me Company officers pursuant to a written delegation of authority;and it Is m FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vi President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate beari such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsim W 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 Sure 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 Power Attorney executed by said Companies,which remains in full force and effect. Dated this 28thYi''rY fs day of April 2021 cr p fi R #�R74TtFM, y #° a a4 KevinF. Hughes,Ass Cant Secretary To verify the authenticity of th/s Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-In-Fact and the details of the bond to which the power Is attached. Packet Pg. 588 C.18.a Rowell's Waterfront Park Phase I SECTION 001.20 NON-COLLUSION AFFIDAVIT Richard Toppno of the city Key West, FL according to law on my oath, and under penalty of perjury, depose and say that: 1. I am President CL of the firm of Charley Toppino & Sons, Inc the proposer making the Proposal for the project described in the notice for calling for CL proposals for: Rowell's Waterfront Park Phase I and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and g 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and c 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledle of sai roject. ebb-I @ (SignatA of Proposer) (Da ) 6 0 STATE OF: 0 COUNTY OF Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or❑ online r notarization, on 1 .. (date) by Richard Topping (name of affiant). He/She is ersm onnall known to me or has produced (type of identification) as identification _.,. MI'� ( r ( r V /�� L LAP�iHAL�n b" V State of Florida-Notary Pub P ubl i i rfry't I rorninission # GG 1 IEst NOTARY PUBLIC "' my Cuminission Expires ii t t' 1 uie 19 2021 ^ ti I My commission expires: PROPOSAL FORM 00120-Page 31 of 220 Packet Pg. 589 C.18.a Rowell's Waterfront Park Phase I LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE CL Charley Toppino & Sons, Inc CL (Company) 2 warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any , County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former c County officer or employee". 0 (Signature) Date: r _ c, STATE OF: 0 COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of 10 physical presence or ❑ online 0 notarization, on h t (date) m by Richard Toppino (name of affiant). He/She is personally !mown to me or has produced _ (type of identification) as identification. v State of Florida #� G�1 ADA ' Commission 6317 s ry PLiblk, g� f � � My Commission Expires ,. � NOTARY PIJI3LIC My commission expires: PROPOSAL FORM 00120- Page 32 of 220 Packet Pg. 590 C.18.a Rowell's Waterfront Park Phase I DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Charley Toppino &Sons, Inc (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 CL 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 CL maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 2 assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under y 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 c 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 c the United States or any state, for a violation occurring in the workplace no later than five (5)days E. after such conviction. 0. 0 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of 0 this section. As the person authorized to sign the statement, I certify that th' firm complies fully with the above :2 requirements. y Propoer's Signature c /3 0 Date 0 STATE OF: FL m COUNTY OF: MONROE Subscribed and sworn to(or affirmed) before me, by means of EX physical presence or❑ online notarization, on (date) by _ wDi (name of affiant), He/She is personally known to me or has produced (type of identification) as identcton' e , MICHAEL LABRADA Mate Flonda Nwafiy Puulicjj� k „J" Commission i GC M ?63 7 My Corrm 5 on Fxpires NOTARY PUBLIC SEAL ( ) lune 19, 2o2 I My commission expires: PROPOSAL FORM 00120-Page 33 of 220 Packet Pg. 591 C.18.a Rowell's Waterfront Park Phase I LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Charley Toppino & Sons Inc Date.- � 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 forbids or proposals? Yes (Please furnish copy.) CL 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 0 (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal.) List Address: 129 Toppino Industrial Dr, Rockland Key, FL 33040 v, Telephone Number: 305-296-5606 0 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 0 If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1)year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for t least one 1 year prior to thq notice of request forbids or proposals) . ' Tel.Numbe Address @ Print Name: SignatureidK_tleof Authorized Signatory for 0 Bidder/Responder 0 STATE OF: FL COUNTY OF: Monroe m Subscribed and sworn to(or affirmed)before me, by means of IN physical presence or❑ online notarization, on (date) b Richard To ino Y pp (name of affiant). He/She is persona{ly known to me or has ro _ (type of identification)as identification. MICHAEL. I ABRACIA 1=SComrrss o��11 GGe1 163'7c 7 "."P , my commiss,on Expires acne 19 702 h NOTARY PUBLIC sou rv:a� �'L r .'�*" 1. _.,. i.— (SEAL) My commission expires: PROPOSAL FORM 00120- Page 34 of 220 Packet Pg. 592 C.18.a Rowell's Waterfront Park Phase I PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a y public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier,subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Charlev Tormino & Sons, Inc (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. 0 c k� (Signature) Date: STATE OF: FL COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of Ili] physical presence or❑ online , 0 notarization, on (date) by Richard Toppino (name of affiant). He/She is Rgf§pn I known to me or has produced (type of identification) as m MICHAI L LABRADA State of Florida-Notary Public � U IJ ¢I' Commission # GG 116317 Jd tV Any Commission Expires �� NOTARY UBLIC � June 19 2021 . .3 t •�L ,t:„, �n w F .. (SEAL) My commission expires: PROPOSAL FORM 00120-Page 35 of 220 Packet Pg. 593 C.18.a Rowell's Waterfront Park Phase I VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s); Rowell's Waterfront Park Phase I Respondent Vendor Name: CharleyToppino & Sons, Inc Vendor FEIN: 59-2426906 Vendor's Authorized Representative Name and Title: Richard Toppino, President CL Address: PO Box 787 City: Key West State: FL CL Zip: 33041 Phone Number 305-296-5606 Email Address RToppino@charleytoppino.com _ .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or v, 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 o 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with v, the County may be terminated, at the option of the County, if the company is found to have submitted a , false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in o 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. 0 Certified By: Richard Topping who is authorized to sign on behalf of the a ve refer rrbed company, U Authorized Signature: Richard To m Print Name: ppino Title: Note: The List are available at the following Department of Management Services Site: Pryttp:llwww # .myflor da.camlb sin s o er`atronslstate urc�a inc/vendor infdrrnationlconvg ted soap ended discriminatory complaints vendor lists PROPOSAL FORM 00120- Page 36 of 220 Packet Pg. 594 C.18.a Rowell's Waterfront Park Phase I SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address 02920 Blue Native of the Florida Keys Louis Perez 305-872-4050 305-302-1572 155 Toppino Industrial Dr, Key West, FL 33040 16500 Pedro Falcon Contractors, Inc Roman Sviridenko 305-872-2200 31160 Ave C, Big Pine Key, FL 3304 CL CL 02740 KBI Flexi-Pave Jamie Cabral 727-723-3300 4600 140th Ave. N. Ste 200, Clearwater, FL 33762 2 02450 FL Foundation Mark Keister,305-912-7453 PO Box 348550 Coral Gables, FL 33234 15400 Certified Lower Keys Plumbing Barry Barroso 305-296-5959 1014 White St, Key West, FL 33040 0 15700 Sub-Zero, Todd Oropeza 305-294-9243 6003 Peninsula Ave#5, Key West, FL 33040 0 4- 0 C 03100 Bella Construction of Key West Niels Hubbell 35 Diamond Dr, Key West, FL 33040 0 02830 Florida Fence Corportation Luis Diaz 305-852-4324 161 Georgia Ave, Tavernier, FL 33070 0 CJ 0 0 PROPOSAL FORM 00120-Page 37 of 220 Packet Pg. 595 C.18.a Rowell's Waterfront Park Phase SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance y consistent with the attached schedules. 6 0 The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not E. extend deadlines specified in this contract and any penalties and failure to perform assessments 0 shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or ca replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except y for the Contractor's failure to maintain the required insurance. 6 The Contractor will be held responsible for all deductibles and self-insured retentions that may be c contained in the Contractor's Insurance policies.. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, c either: 0 Certificate of Insurance or A Certified copy of the actual insurance policy. m However, the Contractor shall provide to County Project Management a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 220 Packet Pg. 596 C.18.a Rowell's Waterfront Park Phase I All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included CL as "Additional Insured" on all policies, except for Workers' Compensation. CL Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management. 0 0 0 0 0 0 0 0 m INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 220 Packet Pg. 597 C.18.a Rowell's Waterfront Park Phase I WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR Rowell's Waterfront Park Phase I BETWEEN MONROE COUNTY, FLORIDA y ANDCL CL 2 Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. y In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: 0 $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits 0 $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate U 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. y In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. c 0 c m INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 220 Packet Pg. 598 C.18.a Rowell's Waterfront Park Phase I GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ROWELL'S WATERFRONT PARK PHASE I BETWEEN MONROE COUNTY, FLORIDA y AND CL CL 2 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, y as a minimum: — Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability 0 The minimum limits acceptable shall be: $1,000,000 Combined Single Limit 0 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 v, (12) months following the acceptance of work by the County. , 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 m INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 220 Packet Pg. 599 C.18.a Rowell's Waterfront Park Phase I VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ROWELL'S WATERFRONT PARK PHASE I BETWEEN MONROE COUNTY, FLORIDA y AND CL CL 2 Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: -`-" • Owned, Non-Owned, and Hired Vehicles c The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) c If split limits are provided, the minimum limits acceptable shall be: c $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 0 m INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 220 Packet Pg.600 C.18.a Rowell's Waterfront Park Phase I PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease CL Policy Limits $1,000,00 Bodily Injury by Disease, CL each employee 2 General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability 6 0 Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit 0 If split limits are preferred: $500,000 per Person 0 $1,000,000 per Occurrence $100,000 Property Damage Builder's Risk: Not Required Limits equal to the full replacement value of the completed project c U The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. 0 Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and S 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 m death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 220 Packet Pg.601 C.18.a Rowell's Waterfront Park Phase I Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from CL 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 CL warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. y The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. c 0 PROPOSER'S STATEMENT S 0. I understand the insurance that will be mandatory if awarded the contract and will comply in full 0. with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Charley Toppino & Sons Inc c W PROPOSER Signatbk 0 0 c m INSURANCE REQUIREMENTS AND FORMS 00130-Page 44 of 220 Packet Pg.602 C.18.a Rowell's Waterfront Park Phase I INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 2 General Liability DTC03202M181TIA20 None Auto 810ON4284482026G None Umbrella CUP3J6572212026 $10, 000 SIR c Workers Camp UB4K5263662026G None 0 r- 0 Liability policies are X Occurrence Claims Made Marsh & McLennan Agency a�.A�I�G � CJ Insurance Agency Signature 0 0 0 m End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130-Page 45 of 220 Packet Pg.603 C.18.a , - CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)5/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh&McLennan Agency LLC NAME. PHONE FAX 9850 N.W. 41 st Street ('/R NQ,Ext)• 305-591-0090 (,Vc,Na).212-94E8-5665 Suite 100 ADMDRIESS certsmiami@mma-fi.com Miami FL 33178 INSURER($(AFFORDING COVERAGE _. NAIC# INSURER A:Travelers Indemnity Co of America 25666 CL INSURED CHARLTOPPI INSURERS Phoenix Insurance Company _ _ 25623 _ Charley Toppino&Sons Inc. Monroe Concrete Products Inc- INSURERC:Travelers Property Casualty Co of Amer 36161 P.O BOX 787 INSURERD:The Travelers Indemnity Company 25658 CL ¢, Key West FL 33041 INSURER E 0 INSURER F: COVERAGES CERTIFICATE NUMBER:276921043 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ?A EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 14SR _ ADDL SUBR' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN5D MD 1POLICY NUMBER MM/DD/YYYY MM/DD-YY _ LIMITS A X COMMERCIAL GENERAL LIABILITY DTC03202M181TIA20 5/19/2020 5/19/2021 EACH OCCURRENCE $2.000,000 DAMAGE TO RENTED -- -_ CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 O MED EXP(Any one person) $5,000 --. O PERSONAL&ADV INJURY $2,000,000 0�. GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000 , POLICY X JECT [ -_I LO€;" PRODUCTS-COMP/OP AGG $2,000,000 -- OTHER: $ D AUTOMOBILE LIABILITY 810ON4284482026G 5/19/2020 5/19/2021 - COMBINED SINGLE LIMIT $1,000,000 IEa sec(dent) X ANY AUTO - _ BODILY INJURY(Per person) $ OWNED SCHEDULED - BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPE46Y DAMAGE $ AUTOS ONLY AUTOS ONLY fpee apoacn!:) O $ _ - w C X UMBRELLA LIAB X OCCUR CUP3J6572212026 5/19/2020 5/19/2021 EACH OCCURRENCE S 10,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $10.000.000 DED ...X RETENTION$1,,l- $ N ® WORKERS COMPENSATION UB4K5263662026G 5/19/2020 5/19/2021 .X STER ATUTE LORH W AND EMPLOYERS'LIABILITY YIN -- -- -- ANYPROPRIETOR/PARTNERIEXECUTIVE E_ EACH ACCIDENT $1,000,000 OFFICERRAEMBER EXCLUDED? ❑ N/A -- -- -- - -- C) (Mandatory in NH) '', E.L.DISEASE-EA EMPLOYEE-$1,000,000 If yes,describe under _ DESCRIPTION OF OPERATIONS below E..L.DISEASE-POLICY LIMIT $1,000,000 O C) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability Aggregate applies per Project if required by written contract. sm Proof of Insurance only. CJ — cJ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Charley Toppino&Sons Inc. ACCORDANCE WITH THE POLICY PROVISIONS. Monroe Concrete Products Inc. PO BOX 787 AUTHORIZED REPRESENTATIVE Key West FL 33041 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.604 C.18.a CHARLEY TOPPINO & SONS, INC. P.O. BOX 787 KEY WEST, FL 33041 305 296-5606 SHAREHOLDERS: FRANK TOPPINO DIRECTOR 797-5847 EDWARD TOPPING, SR DIRECTOR 744-8443 DANIEL P. TOPPINO SECRETARY 745-1645 2 ANDREW TOPPINO VICE PRESIDENT 797-5839 RICHARD TOPPINO PRESIDENT 797-1002 JOHN P. TOPPINO VICE PRESIDENT 239 595-7262 0 0 KEY EMPLOYEES: CELL #: REY MARTINEZ PROJECT ENGINEER 305 797-1003 LEO MONTIEL PROJECT SUPERINTENDENT 305 797-3688 _ JOSE GUADARRAMA PROJECT SUPERINTENDENT 305 797-0224 CLINT KUHNS PROJECT SUPERINTENDENT 305 797-1285 MICHAEL LABRADA PROJECT ADMINISTRATOR 305-304-9356 0 0 0 c Packet Pg.605 C.18.a Our Team CIL Richard Toppino CIL President 2 OofteA� oh Tyatnvdp iif€JY�T+ an MYi � 11Wr } � Tara 4t ��, �l �i n rat ti i �, �{ �t „i co4M ?d �t��, " 6,§Id [ IsYj, aSeos+ � t� I � � 0 0 0 0 Clint Kuhns Jackl Hart Patrick Stevens SuperintendentSenior Senior Project Manager Superintendent U 0 tJ f� u a � 0 04�Orm t z� S �° y ■ 40 r n i- Packet Pg.606 C.18.a ____....._.... 0 ° n J. CL IS Q C C7 r a p � w .� v K � :87 r � ✓. � � � � � ti. � m t^ � I 9 v y .7 w'7 i� CX: "✓} `a gyp} °—1 cr• `d' "'` ,�, ,. .,+: a, a �, � `-� `-' CJ r�� In P .-. 5-, ra °,.� ✓ Le. 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F...., Pe . .-� ry r a. o+ P G s �o > Packet Pg.609 f [ I f d��e- d M1, IyX t � Cey Largo Key IP r� a Fn 'o d1vWit Boca Chico ��oy VI�Yf C.18.a CL Key West & Lower Keys 0 r� CJ ➢ United&Grinnell St.Water Main ➢ City of Key West ROW ➢ Poinciana Gardens Assisted Living Improvements Improvements Facility D $527,921.34 D $2,500,000.00 ➢ $945,722.00 D NAS Boca Chica Main Extension ➢ St.Mary's Activity Center ➢ FKAA Key Haven FM Extension ➢ $1,847,000.00 ➢ $1,574,143.14 ➢ $2,762,000.00 F® ➢ FKAA Key Haven Utility Improvements ➢ Sonic Sitework D Truman Waterpark Park ➢ $2,779,313.80 ➢ $515,000.00 ➢ $15,164,925.56 ➢ Gerald Adams Sitework&Demolition D Key West International Airport Stock Island Marina Village Hotel ➢ ➢ $4,578,670.40 Commercial Apron ➢ $18,958,714.22 ➢ Pump Station"F" ➢ $995,220.00 ➢ Marty's Place ➢ $1,670.744.25 ➢ Key West International Airport Drainage ➢ $10,594.453.00 ➢ Stock Island Roadway&Drainage Improvements ➢ Big CoppiH Wastewater System Improvements D $2,818,1222.25 ➢ $11,078,347.00 D $4,097,278.47 ➢ Quarry Housing Development ➢ Key Haven Estates Sitework ➢ VFD Pump Stations"A,B,C, D,DA" ➢ $6,163,588.00 ➢ $299,917.75 ➢ $4,022,894.40 Packet Pg.611 C.18.a c Middle Upper Keys 0 0 0 0 U ➢ Stanley SwRilk Elementary ➢ Lazy Lakes RV Resort ➢ Saddle Bunch Keys Bike Path cn Sitework&Underground Utilities Utilities Improvements ➢$3,775,000.00 $450,000.00 ➢ ➢ 753,000$ Y FKAA Breezy Pines Improvements ➢ FDOT Hurricane Irma Repairs ➢ Plantation Key Courthouse T6489 Demolition&Sitework Y $1,309,084.00 , $6,002,466.00 ➢ $2,320,735.00 ➢ FKAA Big Pine Key Repump Station ➢ Cudjoe Regional Wastewater ➢ $919,020.00 ➢ Marathon Airport Taxi Lanes p Collection System ➢ $2,366,000.00 ➢ $5,400,000.00 ➢ FDEP Heritage Trail:Key Haven to F® Big Coppitt ➢ Big Pine Observation Platform& Y Cross Key WWTP ➢ $2,052,268.00 Reynolds St.Pier Y $4,148,000.00 > $762,854.75 > FDEP Bahia Honda Sandspur > FDEP Dagny Johnson State Park Restoration ➢ FDOT Hurricane Irma Repairs ➢ $900,000.00 > $2,962,347.00 T6476 > Marathon Library > $1,873,536.00 ➢ FDEP Heritage Trail:Spanish Harbor ➢ $645,900.00 to 7 Mile Bridge ➢ FDOT Summerland Key Roadway&Drainage E61(75 ➢ Fishermen's Hospital ➢ $4,083,000.00 > $2,000,000.00 ➢ $2,725,555.00 ➢ Grassy Flats Resort Marathon Site ➢ US Coast Guard Station Development ➢ Tarpon Harbor Marathon Marathon ➢ $687,569.40 > $2,154,405.00 ➢ $374,319.00 Packet Pg.612 C.18.a Ni Tab 2 - Job Highlights Truman Waterfront Park } • 1500 LF of roadway FDOT standard " '�" CL t � r ,L • Installed 15,000 LF of underground utilities toCL ,{n , include fire suppression,water, drainage, 0 sanitary drainage and irrigation up to 24" in diameter , • Installed a Water Park feature with public emu,' s x — :. bathrooms , c c FKAA Sombrero Beach Rd Installation of 3000 LF of 6" Water Main and 10 4,500 LF 12" Water Main � u` Installed all service connection, fire hydrants and waste meters • Roadway reconstruction as V Stock Is land Roads & . . , , Drainage ca Installed 7,000 LF of drainage pipe from 15" to 24", including a French drain E • Installed 8,000 LF of two lane roadway reconstruction per FDOT standards Packet Pg.613 C.18.a Job Highlights Stock Island Marina Village • Installed more than 10,000 LF of underground CL utilities including drainage,sanitary, fire, water, CL and irrigation systems. . c 2 • 100 room Hotel, Restaurant and Marina c NAS Boca Chica Main Extension Installed 5,100 LF of 8" HDPE pipe directional 0 drilled and appurtenances Treatment plant conversion including new VFD's, telemetry, pumps, and controls Completed all structural modifications, penetrations, etc. y 0 FKAA Kerb Haven FM Extension INsi • Installation of 10,000 LF of 10" HPDE pipe FM, directional drill • Installation of 3,000 LF 8'' SS pipe FM under E bridge structure to include hangers, ARY's '" t and s' expansion joints t Packet Pg.614 C.18.a References Allen Perez Owner Perez Engineering 305-293-9440 y 0 Robert Lopez Owner 1 General Asphalt 305-510-3031 Rachel Cone The Southern Group _ Interim Secretary of FDOT under Rick Scott 904-386-3033 y 0 0 Packet Pg.615 C.18.a CREDIT REFERENCES z Concrete Products Of Palm Beaches, Inc. I� 460 Avenue S CL CONCRETE PRODUCTS Riviera Beach, FL 33404 ..!i or rHc PALM BEACHES,INC. (561) 842-2743 Z 0 Ferguson Enterprises 0 1950 NW 18th Street 0 OFERGUSONO Pompano Beach, FL 33069 0 (305) 947-0514 = 0 W f�- BB&T Bank 1010 Kennedy Dr. Key West, FL 33040 (305) 292-3842 Packet Pg.616 C.18.a r i L:Y 70 O � � CL C N T cc i C N u CL w �° U 0 2 V) v LE L Q m Z o F- _ Z pUl) U w 0o v E , RPOW Q W W w �;" �. �!�. I� cl � c J cnAn LL � �, o a �- z `� 00 LL O v u Z � oF— v w �U) , H Z'w �a o t.� 0 0 Z 0 �, 2' �kY V U j Z, iX LL D 0 L 0 0 CC w � 4 � o ~ LLJN Z Q Z w O W Z a u 0 w L F— U 0 0 o W Packet Pg.617 C.18.a 2020 / 2021 ONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2021 Business Name; CHARLEY TOPPING&SONS INC RECEIPT# 30140-89800 � N 8,5 ROCKLAND KEY Owner Name: EDWARD TOPPINO SR Business Locatlom FL KEY WEST Mailing Address: 33040 CL le P 0 BOX 787 Business Phone: KEY WEST, FL 33041 Business Type: CONTRACTOR(ENG CLASS I CC 749 A) CL Employees 10 � COMP CARD: CC749A Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Pald N 25.00 I- 0,00 ., 25.00 �'000.00 0100 25.00 L._... 0 Paid 122-19-00002505 08/13/2020 25.00 0 0 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC,Tax Collector THIS IS ONLY A TAX, WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING 0 AND ZONING REQUIREMENTS. 0 CJ 0 0 0 MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2021 Business Name: CHARLEY TOPPING &SONS INC RECEIPT# 30140 89800 8.5 ROCKLAND KEY Business Location: KEY WEST, FL 33040 Owner Name: EDWARD TOPPINO SR MailingAddress; Business Phone: 0 P 0 BOX 787 Business Type: CONTRACTOR(ENG CLASS I CC 749 A) KEY WEST, FL 33041 0 Employees 10 COMP CARD: CC749A Tax Amount Transfer Fee Sub-Total Penalty Prior Years �Collectlon Cast Total Paid 25.00If 0,00 25.00 .. ... . .. . 1 0.00 0.00 0 00 25.00 Paid 122-19-00002505 08/13/2020 25.00 Packet Pg.618 C.18.a 2019 / 2020 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2020 Business Name: CHARLEY TOPPING&SONS INC: N E Owner Name: FRANK TOPPINO, OHN P TOPPING DUAL Business Location: US 1CL Mailing Address; KEY WE WEST, FL 33040 BOX 787 Gush"err, 0Lono; 305-296-5606 t8 KEY GUEST, FL 33041 BLI S `eSS CONTRACTOR(GENERAL K ENGINEERING CL CONTRACTORS) 0 Employees 70 COMP CARD: ENS 1131A IGC 152A STATE LICENSE. CGC1518488 N T ,r Arr� r.�a°t (� ri '� 1 4 N i,b��rural r Penalty Pn�r Years Collection Cost Total Paid ow'r '0J _ - 25C} 00 0.00 0.JC) Q Qt) 25CI.C7D 8 0 Paid 000-18-00031239 09/09/2019 250.00 D 0 -THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX, WHEN `<fALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS 0 00 0 MONROE COUNTY BUSINESS TAB RECEIPT D C! P,O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2020 Business Name: CHARLEY TOPPINO&SONS INC RECEIP-rd 30140-89799 US HWY 1 Business Location: KEY WEsT, FL 33040 Owner Narne FRANK TOPPINO, JOHN P TOPPINO QUAL ¢ Mailing Address. Business Mhone: 305-296-5606 C: BOX 787 Business Type: CONTRACTOR(GENERAL&ENGINEERING KEY WEST, FL 33041 CONTRACTORS) U Employees 70 COMP CARD: ENG 1 13 1A/GC 1' STATE LICENSE: CGC1518488 Tax Amount � Da ,f , n _.. �-... PLn_a ty rs ..M.. .C_.o-l_le, ction Cost I�lotal PTM1 id 250.00 C )Ci _ � �t?a7 i , 0.00 0 250.00 Paid 000-18-00031239 09/09/2019 250.00 Packet Pg.619 C.18.a FDOT rT Floridaa t Transportation RON DES,1N'1'IS 605 Suwannee Street KEVIN J.THIBAVLT,11.E. Ch GOVERNOR N Tallahassee, FL 32399-0450CL SECRETARr' CL April 20, 2020 r- 2 CHARLEY TOPPINO & SONS, INC. PO BOX 787 00 KEY WEST, FLORIDA 33041 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: 0 The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application due413012021. 0 In accordance with 9.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. 0 If your company's maximum capacity has been revised, you can recces® it by lagging into the Contractor Prequalification Application System via the following link: HTTPS.//f(lot 1_.s9ot.atato.fl.us/ContractorPrr uglification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. 0 FDOT APPROVED WORK CLASSES: (, DEBRIS REMOVAL (EMERGENCY), DRAINAGE, ELECTRICAL WORK, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, INTERMEDIATE BRIDGES, MINOR BRIDGES, ROADWAY SIGNING, SIDEWALK, CURB & GUTTER, GROUT INJECTION, LIFT/PUMP STATION, RIP RAP, UNDERGROUND UTILITIES. fn Z You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class 0 of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. r ' Sincerely, Alan Autry, M;aiiager Contracts j'cl(n.inistration Office AA:cg www.rdot.gov Packet Pg.620 C.18.a 4/20/2020 Manage AL g Q.0 t Contractor PreT F,-11 Qualification(CPQ)"fF FDOTASHLEY@CHARLEYTOPPINOANDSONS,COM �' F9 rpPdat® crk U Y U V Annual Application 4/20/2020 7:22:35 AM EST LVendorySlakeholderayAlrill ate eyWork Ciao seoyFlnanclalyConvacteyManage) Attach Financial StalemantsyAddltlonal DocumentatlonySul:milyAppllcatlon Summary) N CL Vendor Number:F592426906002 Name:CHARLEY TOPPINO&SONS,INC. CL Application Status:COMPLETED Fiscal Year End Date: 12/3112019 Appllcatlon Due Date:4/30/2020 0 NOTE:The Capacity shown below will be reduced by your Work Underway to determine your Available Bldding Capacity. y Adjusted Current Ratio: 1.81 Ability Score: 75 Surety Multiplier: 0 0 Ability Factor: 4 Calculated Maximum Bid Capacity: $410,600,000.00 a Adjusted Net Worth: $56,710,802.00 0 0 t�. 0 Document Mailed Received Attached 0 Audited or Reviewed Financial Statements 4/8/2020 4/8/2020 N/A 0 Affidavit 4/7/2020 AFFIDAVIT 2020-EXECUTED.PDF Request Document 123119 EQUIPMENT LISTING-2020 FDOT FORMAT.PDF Equipment 3130/2020 Request Document Surety Letter Letters of Recommendation 0 Audited Reviewed Financial N/A N/A CHARLEY TOPPINO SONS INC._19 FS_FINAL.PDF , or Statements Request Document 0 0 Additional Document NIA N/A FDOT 2020 ADDITIONAL DOCUMENTATION.PDF 0. 0. Request Document 0 0 0 0 0 Event Date Comment I APPLICATION 3/30/2020 CREATED APPLICATION Good Mcrninc0,l have attached a pdf rile with additional dccurnentalion and explanation of financial data used In SUBMITTED 4/8/2020 our application.Also included is the FMV summary for the land used In construction operations and the 2019 land appraisal Flies.Please let me know if you have any questlons.Ashley Peattle,CFO APPLICATION 4/8/2020 RECEIVED https://fdotwpl.dot.state.fl.us/ContractorPreQualificationiPages/OiilineApplication/cpgOnlineManage.aspx 1/2 Packet Pg.621 C.18.a 4/20/2020 Manage The Department has completed the review of your application.Your new prequaiificalion is effective Immediately.A signed certificate of qualification will be sent via electronic mail to the primary account holder for APPLICATION this application within 10 to14 business days.If the signed certificate should be e-malled to a recipient other than REVIEW 4/18/2020.the primary account holder,please provide the reclplent's e-mail address to CO-CPQStaff@dot.state.11.us.You COMPLETE can access your firm's maxlmurn bid capacity and approved work classes on the capacity and work class tabs of the application.You can access your approved work ctasses,but not your maximum bid capacity,by accessing our public database at: hitps:l/fdotwpl.dot.state.fl.us/contractorprequalificatton/p ublic/PrequallfiedVendorSearch.espx. CIL FLORIDA DEPARTMENT OF TRANSPORTATION * °'' ' CIL FP m� Report Technical Problems to the Service Desk @ 1-868-955 4357 or email: 1, t'a�r gut Service Desk r t Send Prequalification Questions or Comments to Contracts AdminiIt r - y y,Disclaimers�Cre (ts ro Ch O IX O O ro O U Ch O IX O ro U ro https://fdotwpl.dol.state.fl.us/ContractorPreQuallncation/Pages/OnOneApplieadon/cpgOnllneMamage.aspx 2/2 Packet Pg.622 C.18.a Detail by Entity Name Page 1 of 3 Florida F)gpr)Ilmrinl<)I Slate DIVISION OF CORPORATIONS org4. hlSf.�ttat 3l sf �,€1e± / l�lh;;asl�sly r,PJp f.p _NgM/ EntityCL Detail by Florida Profit Corporation 2 CHARLEY TOPPINO&SONS,INC. Filing Information Document Number M03537 FEI/EIN Number 59-2426906 Date Filed 08/02/1984 0 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/11/2019 0. 1. 0 Event Effective Date NONE Principal Address 129 TOPPINO INDUSTRIAL DRIVE ROCKLAND KEY KEY WEST, FL 33040 0 U Changed:04/27/2017 alltn Address P.O. BOX 787 — KEY WEST, FL 33041 0 Changed:04/23/2018 0 Rv ist ra ant gams 8 ddrl ss TOPPINO, RICHARD 0 129 TOPPINO INDUSTRIAL DRIVE KEY WEST, FL 33040 Name Changed:02/08/2018 CJ Address Changed:02/08/2018 Off lcerlDirvctor Dotall Name&Address Title P TOPPING, RICHARD 10 EGRET LANE KEY WEST, FL http://search.sunbiz.org/Inquiry/Corpo rati onSearch/SearchResultDetail?inquirytype=Entity... Packet Pg.623 C.18.a Detail by Entity Name Page 2 of 3 Title T TOPPINO,JOHN #18 CALLE LINO KEY WEST, FL 33040 Title V Ch TOPPING,ANDREW CL 129 TOPPINO INDUSTRIAL DR KEY WEST, FL 33040 CL Title Secretary Toppino, Daniel P PO Box 787 y Key West, FL 33041 Title Executive Vice President 0 Toppino, Paul 1500 Catherine Street .� Key West, FL 33040 0 Title CFO Peattie,Ashley PO Box 787 Key West, FL 33041 U Annual Reports Report Year Filed Date _ 2018 04/23/2018 2019 04/25/2019 2020 06/19/2020 [5ocftrrrant lN�t e�i�fr6 0 t1 0]QF It f ANNA)Al.Wie•POR r Via image in PDF forrnail tTttnl tQ at ru#4n ti Vrr,w;,WageInP7Fforng 4, 9 51'Cr1 „t l lwk t LPC)fj 6 View image in PET format C�da�,�31�?Tt r� �1�1f^IfR�T rtt,d�t�7kt r Mow!,,rays is PC)P imrmal �; rv� tl t00'r2 a tti Ftm LA;n v k!a ail q" View image in PDF formak 07 9a 27'° E - rN'_a�lrtl a2t Paf,)f$l Vieua image en PCYF forrraf j 6� f9TkJYti7 L91 ..'4lY NILIJA [$F f"!)tj f V9&3NY Image In E DF format=] � 4 d12C}Y5-. fftfU+ad !ik 9,,IF�' View lmnge sn PDF format Q+394U014 eNhkU6L *,f1Qj-'f View image in PDF format Q.111P 933—_AN_41d4 Rf¢,#'ttdtT l n V9evsarrege r,PDF;rpnat d,srz7r ad ANRV r a LPQ T t vl w 9meg�lra PDF fo met 1t3f1Ttt7 _ANNUAI.RLF� RT View Imrage m PDF format _..._.._ View image In PC7} d rma0 .... 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Ageeme n t Between Owner and Contractor Where the basis of payment is a STIPULATED SUMCL CL AGREEMENT c Made as of the 16t'' day of June BETWEEN the Owner: Monroe County Board of County Commissioners 6 500 Whitehead Street c Key West, Florida 33040 0 And the Contractor: Charley Toppino & Sons, Inc. 129 Toppino Industrial Drive 0 Key West, Florida 33040 For the following Project: Rowell's Waterfront Park Phase 0 Scope of the Work W The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, Lu supervision, materials, power, tools„ equipment, supplies, permits and any other means Lu of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated, This project includes clearing and grubbing; removal of existing asphalt and fencing; CL construction of asphalt driveway, parking spaces„ pedestrian sidewalk and crosswalk, restroom facility with associated utilities, and a pedestrian pathway that runs from a 30' x Lu 30' concrete pad near Blackwater Sound and connects with the existing trail on the north side of U.S. 1; signing and pavement markings; installation of fencing, bike rack, and parking lot lighting; landscaping, including planting and some tree removals. Scope of work shall include the following: 1. Furnish and install Flexi-pave trail that runs from the water's edge and connects with the existing trail on the north side of U.S. 1 per drawings. Page 1 of 20 Packet Pg.626 C.18.b 2. Construct restroom building with lift station and associated utilities per drawings. 3. Furnish and install parking lot lighting per drawings. 4. Furnish and install asphalt parking and driveway access to U.S. 1 and associated striping per drawings. y 5. Furnish and install concrete pedestrian paths per drawings. CL 6. Provide and install site furnishings per drawings. CL 2 7. Furnish and install six-foot (6') chain link security fencing and associated gates per drawings. 8. Furnish and install regulatory signage per drawings. 9. Site demolition to include existing asphalt removal to be executed per drawings. c 10. Provide project maintenance of traffic (M.O.T.) c 11. Furnish and install new vehicular deceleration lane per drawings. 0 12. Site utilities—water, sewer, and underground electric to be furnished and installed per drawings. 13. Site grading and stormwater to be executed per drawings. 0 14. Furnish and install landscape per drawings, LU 15. General site preparations to be executed per drawings. LU 16. Erosion prevention and sediment controls to be executed per drawings. LU 17. Contractor to provide soil borings at cross sections prior to commencement of work per drawings C6.4. CL 18. Park shall remain open to the public as much as feasible during construction. Closure of park requires coordination and approval 14 calendar days in advance. Reasonable accommodations shall be made to guide vehicular traffic through temporary entrance LU and around construction site to rear gravel parking lot. Submittal including anticipated park closures dates and detailed Maintenance of Traffic (MOT) Plan for pedestrian/vehicular movements within the park required. 19. All work performed within the FDOT Right-of-Way must abide by current FDOT Standard Specifications for Road and Bridge Construction, Divisions I and II. Any contractor or subcontractor performing work within the FDOT Right-of-Way must Page 2 of 20 Packet Pg.627 C.18.b submit proof of pre-qualification by the Florida Department of Transportation (FDOT) to perform that type of work prior to work commencing. 20. Contractor will coordinate work within the FDOT ROW with the local FDOT Maintenance Office/Permit Coordinator, Nancy Miller, 305-289-4360, nar�cyattela.nrlier ferrctvialservices coat. Lane closure submission and approval y through the applicable FDOT Lane Closure Information System will be required. CL 21. Contractor to enlist the services of a professional Archaeologist meeting the US Secretary of the Interior's Professional Qualifications Standards and approved by bothCL Monroe County and the FDOT District Six Cultural Resources Coordinator. Archaeologist shall witness, document, and provide final report on any ground disturbing activities associated with this project to be approved by District Six Cultural Resources Coordinator. ARTICLE 1 c The Contract Documents 0 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda 0 issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of c the documents as just listed. LU ARTICLE 2 °® The Work of this Contract LU The Contractor shall execute the entire Work described in the Contract Documents, except to the LU extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion LU 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Two Hundred Seventy (270) 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. Page 3 of 20 Packet Pg.628 C.18.b Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER CL 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 CL $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 recoveEy of damages and sole reinedy foLany-delay caused by the Owner .shall be an extension of time on the Contract. n Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations o under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities 0 (whether war is declared or not),terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or e 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 LU 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 andLU resume full performance under this Agreement. The County will not pay additional cost as a result LU of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. ARTICLE 4 CL Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of LU the Contract the Contract Sum of One Million Four Hundred Twenty-One 00/100 Dollars ($1,421,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alternate #1: Replace entire length of Flexi-Pave Path along north side of property with 10-foot-wide 4000psi concrete path reinforced with#7 rebar 6" Page 4 of 20 Packet Pg.629 C.18.b concrete depth with 6" aggregate base designed to withstand occasional vehicular traffic. Twenty-Four Thousand 00/100 Dollars (Alternate#1 -words) 24 000.00 CL (Alternate#1 —numbers) CL Alternate#2: SF Pricing for extending the path described in alternate 1. Twelve 90/100 Dollars i3er Square Foot (Alternate#2 -words) $12..90 per Square Foot o (Alternate#2— numbers) 0 4.3 Unit prices, if any, are as follows: N/A o ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project U Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract LU Documents. LU 5.2 The period covered by each Application for payment shall be one (1) calendar month LU ending on the last day of the month, or as follows: N/A 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally LU accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Page 5 of 20 Packet Pg.630 C.18.b Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. y 5.6 Subject to the provisions of the Contract Documents, the amount of each progress CL payment shall be computed as follows: CL 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). 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 v, amount of credit to be allowed by the Contractor to the Owner for a deletion or change 6 which results in a net decrease in the Contract Sum shall be the net cost to the Owner, c 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 c covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. e® 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; c 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 LU nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. LU 5.7 Retainage of five percent(5%)will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. ARTICLE 6 Final Payment LU 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 and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy E other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for Page 6 of 20 Packet Pg.631 C.18.b payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). v, B. Operating and maintenance data, instructions to the Owner's personnel, c C. Warranties, bond and guarantees. 0 D. Keys and keying schedule. 0 E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued LU by the Monroe County Building Department. LU ARTICLE 7 Miscellaneous Provisions LU 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act LU and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent Page 7 of 20 Packet Pg.632 C.18.b 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 y or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply CL on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded CL or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: 6 0 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 0 period of seven (7)years from the termination of this Agreement or five (5)years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date LU the monies were paid by the Owner. LU Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the LU Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, CL bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade LU discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and E matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative Page 8 of 20 Packet Pg.633 C.18.b and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records y 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 CL activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for CL purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated 2 pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be c 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 c 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 0 County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the c application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the CL stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate proceedings. Page 9 of 20 Packet Pg.634 C.18.b e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary y County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into CL this agreement freely, voluntarily and with advice of counsel. CL g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and 2 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 affect 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 c sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement LU shall be required to enter into any arbitration proceedings related to this Agreement. U LU 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 LU 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 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) E The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Page 10 of 20 Packet Pg.635 C.18.b Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527(42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe CL County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or CL expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or 6 degree with its performance under this Agreement, and that only interest of each is to c perform and receive benefits as recited in this Agreement. 0 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide c employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than LU 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 LU 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 LU discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. CL n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe LU 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 E recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Page 11 of 20 Packet Pg.636 C.18.b o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records , Law in order to comply with this provision. c Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: c (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c (3) Ensure that public records that are exempt or confidential and exempt from LU public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following LU completion of the contract if the contractor does not transfer the records to the County. LU (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or LU confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. Page 12 of 20 Packet Pg.637 C.18.b (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance CL with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A CL Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision , or as otherwise provided by law. c IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO0. PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH �; Street, SUITE 408, KEY WEST, FL 33040. '✓ p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the LU 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. CL q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, LU workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any Page 13 of 20 Packet Pg.638 C.18.b participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. y s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the CL 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 CL 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 v, purposes contemplated in this Agreement. t) Attestations. Contractor agrees to execute such documents as the County may c reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. c u) No Personal Liability. No covenant or agreement contained herein shall be deemed c to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto Lu may execute this Agreement by signing any such counterpart. Lu w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall Lu 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 CL proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in Lu 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) E 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 Page 14 of 20 Packet Pg.639 C.18.b 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. y In the event that the completion of the project(to include the work of others) is delayed CL 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 CL 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. v, The extent of liability is in no way limited to, reduced, or lessened by the insurance o requirements contained elsewhere within this Agreement. 0 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 0 this Agreement. y) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of Lu the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and Lu 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 Lu basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. CL 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 Lu County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to E conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. Page 15 of 20 Packet Pg.640 C.18.b bb) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. y cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, CL Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work CL authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor y shall provide an affidavit stating that the subcontractor does not employ, contract with, a, or subcontract with an unauthorized alien. The Contractor shall comply with and be c subject to the provisions of Section 448.095, Florida Statutes. 0 dd) Entire Agreement. This writing embodies the entire agreement and understanding 0 between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed LU LU received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of LU delivery. Notice shall be sent to the following persons: For Contractor: Richard Toppino, President Charley-Too Ono&Sans, Inc. CL 129 Toppino Industrial Drive Key_West, Florida 33040 LU For Owner: Director of Protect Management Assistant County Administrator, PW& E 1100 Simonton St, loom 2-216 1100 Simonton St. Ke West Florida 33040 Key West, Florida 33040 ARTICLE_8 Termination or Suspension Page 16 of 20 Packet Pg.641 C.18.b 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. y 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other CL party sixty (60) days' written notice of its intention to do so. CL 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two(72) hours' written notice and provide the Contractor with an opportunity to cure the breach 6 that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. 0. The maximum amount due to Contractor shall not in any event exceed the spending cap 0 in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 0 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 LU terminates this Agreement with the Contractor, County shall pay Contractor the sum due e® the Contractor under this Agreement prior to termination, unless the cost of completion to LU the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. LU 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 CL 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 Page 17 of 20 Packet Pg.642 C.18.b Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 CL Enumeration of Contract Documents CL 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: Rowell's Waterfront— Phase 1 Drawings pages C0.0, CO.1, C0.2, C0.3, v, C0.4, C0.5, C1.0, C3.0, C4.0, C4.1, C4.2, C5.0, C5.1, C5.2, C5.4, C5.5, C6.0, C6.1, , C6.2, C6.3, C6.4, C7.0, C7.1, C7.2, C7.3, 1-1.0, L3.0, L3.1, L3.2, L3.3, L3.4, L3.5, E1.0, o E1.1, 13.2, 13.3, 13.4, 13.5, A0.0, A1.0, A1.1, A2.1, A3.1, A4.1, A5.1, A8.1, SO.1, SO.2, S1.1, S2.1, S2.2, S5.1, S5.2, E1.0, E1.1, E1.2, M1.1, P1.1, P2.0, and P2.1 dated 06/24/2020. o b) Specifications: Architectural Specifications for Monroe County Upper Keys Rowell's Marina Restrooms dated May 15, 2018. b) Project Manual: N/A 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. o 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 Lu Project Manual dated: N/A Lu 9.1.4 The Addenda, if any, are as follows: Number Date Page CL 1 4/19/2021 20 2 4/20/2021 7 Lu This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 18 of 20 Packet Pg.643 C.18.b Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman CL Date 1NONFEOE CAUNTY ATfOnrjr=- `4 ocFcE (SEAL) F.PPFtaVEO AS TO FpgM 2 ,.- '�'i')"'Jy�ryMy,$�ITrryyCA l..10E1°i`Y IR +C3�91FTFY CONTRACTOR'S Witnesses Attest; CONTRACTOR: CHARLEY TOPPINO AND SONS, IN i Contractor must provide two witnesses o signatures Signature: 44-- 0 Signature Print Name: 9i ® 16, of Print Name: tr _ Title: Date `_ 1 Date: and 0 Signature: LU . , e, Print Name: Date: LULU STATE OF COUNTY OF On this j day of _ pry , 20 before me, the undersigned notary public, CL by means of physical presence or ❑ online, personally appeared (name of affiant) kn wn to me__ the erson whose nam i � rris�r at ++ or who produced as identification, and acknowledged LU that he/she is the person who executed the above contract with Monroe County for ROWELL"S WATERFRONT PARK PHASE I for the purposes therein contained. Notary Public 3 „ x� t E MICHAEL LALI ADA Print Name State of Florida Notary P�Sur --- Commission 4 GG 116317 (Seal) My Commission Expire My commission expires: Seal =� June 19, 2021 , Page 19 of 20 Packet Pg.644 C.18.b GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan CL Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching v, Section 01050 Field Engineering 6 Section 01200 Project Meetings o Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information—(RFI) 0 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 o Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 20 of 20 Packet Pg.645 C.18.c Rowell's Waterfront Park Phase I SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 27-28 2. Bid Bond (Proposal Security) 30 CL 3. Non-Collusion Affidavit 31 CL 4. Lobbying and Conflict of Interest Clause 32 2 5. Drug-Free Workplace Form 33 6. Local Preference Form 34 7. Public Entity Crime Statement 35 8. Vendor Certification Regarding Scrutinized Companies List 36 c 9. Subcontractor Listing Form 37 4- 10. Insurance Requirements and Policy and Procedures 38-39 11. Workers Compensation and Employers' Liability 40 0 12. General Liability 41 13. Vehicle Liability 42 14. Proposer's Insurance and Indemnification Statement 43-44 15. Insurance Agent's Statement 45 16. Contractor License: A Current Copy to be submitted with Proposal. y Subcontractor Licenses to be Submitted Prior to — Award of Notice to Proceed. 0 INFORMATION REQUIRED TO BE PROVIDED °® 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership,a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. ATTACHED B. A list of the officers and directors of the entity. ATTACHED PROPOSAL FORM 00120-Page 24 of 220 Packet Pg.646 C.18.c Rowell's Waterfront Park Phase I C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). 56 YEARS; SEE ATTACHED D. The number of years the person or entity has operated under its present name and any prior names. 16 Years under current name: Previously "Toppinos Inc" since 1984 E. Answers to the following questions regarding claims and suits: CL a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including CL where the job was located and the name of the owner.) 2 YES NO X❑ b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners(this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the 0 judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO Mv c, c, Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO X❑ d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe Counly or been sued by Monroe County in connection with a contract to PROPOSAL FORM 00120- Page 25 of 220 Packet Pg.647 C.18.c Rowell's Waterfront Park Phase I provide services, goods or construction services?This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO ® y CL e. Whether, within the last five (5) years, the Owner, an officer, general CL partner,controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES NO X❑' e 0 0 fa Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. SEE ATTACHED g. Financial statements for the prior three (3) years,. Please grvide in a separate email for the Contractor's confidentiality, and clearl label the email as "CONFIDENTIAL". ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road �-- or any other public works project is exempt from F.S. 119.07(1)and s.24(a), Art. 1 of the State Constitution.") However, any financial information the y Contractor includes in the proposal packet, which is not marked as — "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for o inadvertent disclosure of financial records that are not properly marked. SEE ATTACHED PROPOSAL FORM 00120-Page 26 of 220 Packet Pg.648 C.18.c Rowell's Waterfront Park Phase I SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 y KEY WEST, FLORIDA 33040CL PROPOSAL FROM: CHARLEY TOPPINO & SONS, INC CL PO BOX 787, KEY WEST FL 33041 2 t The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Rowell's Waterfront Park Phase I 0 and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, 0. mechanics, superintendents, tools, material, equipment, transportation services, and all 0 incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands c the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. 6 The Base Proposal shall be furnished below in words and numbers. If there is an c inconsistency between the two, the Proposal in words shall control. One Million Four Hundred Twenty One Thousand Dollars (Total Base Proposal-words) $ 1,421,000.00 Dollars (Total Base Proposal —numbers) I acknowledge Alternates as follows: PROPOSAL FORM 00120-Page 27 of 220 Packet Pg.649 C.18.c Rowell's Waterfront Park Phase I Alternate#1: Replace entire length of Flexi-Pave Path along north side of property with 10-foot-wide 4000psi concrete path reinforced with #7 rebar 6" concrete depth with 6" aggregate base designed to withstand occasional vehicular traffic. Twenty Four Thousand Dollars. (Alternate#1 -words) 24,000.00 $ Dollars. CL (Alternate#1 — numbers) CL Alternate #2: SF Pricing for extending the path described in alternate 1.. t Twelve Dollars and Ninety Cents per SF Dollars. (Alternate#2 -words) 0 $ 12.90/SF Dollars, (Alternate#2 — numbers) 0 0 Unit prices, if any, are as follows: N/A I acknowledge receipt of Addenda No.(s) 0 No. 1 Dated 4/9/21 No.2 Dated 4/20/21 No. Dated No. Dated c PROPOSAL FORM 00120-Page 28 of 220 Packet Pg.650 C.18.c Rowell's Waterfront Park Phase I Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1. Proposal Form 2. Proposal Security (Bid Bond) 3. Non-Collusion Affidavit 4. Lobbying and Conflict of Interest Clause y 5. Drug-Free Workplace Form CL 6. Local Preference Form and requirements (if applicable) CL 7. Public Entity Crime Statement 2 8. Vendor Certification Regarding Scrutinized Companies Lists 9. Subcontractor List Form 10. Proposer's Insurance and Indemnification Statement 11. Insurance Agents Statement (signed by agent) 0 12. Answered Required Questions 4- 13. Provided three (3) Customer References and three (3) Credit References 14. Provided three (3) years of Financial Statements in separate email marked 0. 0. "CONFIDENTIAL" 0 15. Certified copy of Valid Florida Contractor's License 16. Current Monroe County Occupational License Business CHARLEY TOPPINO & SONS, INC Name: DBA: o Business EIN # 59-2426906 Business Mailing cn Address: 129 Toppino Industrial Dr Address: PO Box 787 City, Key West, FL 33041 Key West, FL 33041 0 State, Zip City,State,Zip Phone: 305-296-5606 Local Phone: 305-296-5606 The physical business address must be regi tared as its principal place of business with the Florida Department of State for at least one (1)yea rior to e-hotice of request for bid or proposal. 0 Date: Signed Printe �4�b]a2l Pb d 1 Title: Witness: PROPOSAL FORM 00120-Page 29 of 220 Packet Pg.651 Rower's Waterfront Park Phase BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we Charley Toppino&Sons, Inc. US Highway 1, Mm 8.5, Rockland Key, Key West, FL 33040 (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Connecticutas Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board of County Commissioners 500 Whitehead St, Key West, FL 33040 (Here insert full name and address or legal title of Owner) Five Percent of Bid as Obligee, hereinafter called the Obligee, in the sum Of _Proposal Submitted Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Rowell's Waterfront Park Phase I WHEREAS, the Principal has submitted a bid for Key Largo, RFP-365-0-202021/la (Here insert full name, address and description of project) 0 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations �? provisions in Section 255.05(2), Florida Statutes. Charley Toppino&Sons, Inc. (Principal) (Seal) c ter{ ZZZZ-ea� (Witness) C t (Title) a Travelers Casualty a urety CompanyZmerica (Surety) (Seal) (Witness) '' (Title) veil t. ardcer,Attorney in Fact&FL Resident Agent PROPOSAL FORM 00120- Page 30 of 220 Packet Pg.652 C.18.c Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSJ 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, and Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called "Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of MIAMI Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizance conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing I fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In e 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 Februa 2017. i r Y A% ��t � � tta�rroc�, a cowsCL do r CL State of Connecticut r w By: City of Hartford ss. Robert L.Raney,Sa or Vice President It On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President Travelers Casualty and Surety Company of America,Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company, and If y he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 + f�841p rr Marie C,Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty ai Surely Company of America,Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in f 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, a Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact ai 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 w 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 bor recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke t power given him or her; and it Is U FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vi 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 delegati 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 con or undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Sen Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assist 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 o 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 me 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 Vi President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate beari such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsim 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 Sure 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 Power Attorney executed by said Companies,which remains in full force and effect. Dated this 2$thYi''rY fs day of April 2021 cr p fi R #�R74TtFM, y #° a a4 KevinF. Hughes,Ass Cant Secretary To verify the authenticity of th/s Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-In-Fact and the details of the bond to which the power Is attached. Packet Pg.653 C.18.c Rowell's Waterfront Park Phase I SECTION 001.20 NON-COLLUSION AFFIDAVIT Richard Toppno of the city Key West, FL according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am President of the firm of Charley Toppino & Sons, Inc the proposer making the Proposal for the project described in the notice for calling for CL proposals for: Rowell's Waterfront Park Phase I CL and that I executed the said proposal with full authority to do so; 2 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 y 3. Unless otherwise required by law, the prices which have been quoted in this proposal g have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, 0 partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledle of sai roject. ebb-I g (SignatA of Proposer) (Da STATE OF: COUNTY OF Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or❑ online notarization, on 1 .. (date) by Richard Topping (name of affiant). He/She is ersm onnall known to me or has produced (type of identification) as identification .., �+r F sYa: xsn I MICHAEL LAPRADn b" V State of Florida-Notary Pub i 1 rfry't I rorninission GG 1 iEst NOTARY PUBLIC "V"` �" my Cuminission Expires t t' 1 uie 19 2021 ^ ti I My commission expires: PROPOSAL FORM 00120-Page 31 of 220 Packet Pg.654 C.18.c Rowell's Waterfront Park Phase I LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Charley Toppino & Sons, Inc CL (Company) CL warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former c County officer or employee 0 0 0 (Signature) qr Date: r 0 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 10 physical presence or ❑ online c notarization, on h (date) by Richard Toppino (name of affiant). He/She is personally !mown to me or has produced (type of identification) as identification. v A" {! lF �rd'A'.k✓eY3� 4L S\:. ^.�-- 1.0�eP�5`tl State oHAELd Florida-Notary AILA LABR Commission 6317 s � NOTARY PIJI3LIC My Commission Expires My commission expires: PROPOSAL FORM 00120- Page 32 of 220 Packet Pg.655 C.18.c Rowell's Waterfront Park Phase I DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Charley Toppino &Sons, Inc (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 actions that will be taken against employees for violations of such prohibition. y 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of CL 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 CL violations. �. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working y 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 o the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 0 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so 0 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 th' firm complies fully with the above requirements. U Propoer's Signature v, /3 Date STATE OF: FL COUNTY OF: MONROE Subscribed and sworn to(or affirmed) before me, by means of EX physical presence or❑ online notarization, on_Iladz,� (date) by _ C (name of affiant), He/She is personally known to me or has produced (type of identification) as identcton' ��_ MIC,HAEI LAf3R/aDA -State -P Flonda Nwafiy Puulicjj k „J Commission i GG M ?63 7 My Corrm 5 on Fxpires NOTARY PUBLIC SEAL ( ) lune 19, 2o2 I My commission expires: PROPOSAL FORM 00120-Page 33 of 220 Packet Pg.656 C.18.c Rowell's Waterfront Park Phase I LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Charley Toppino & Sons Inc Date.- � 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 forbids or proposals? Yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor y 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 CL ¢, Department of State for at least one (1)year prior to the notice of request for bid or proposal.) 2 List Address: 129 Toppino Industrial Dr, Rockland Key, FL 33040 Telephone Number: 305-296-5606 B, Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? NO 0 If yes, please provide: 0 4- 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated 0 at least one(1)year prior to the notice or request for bid or proposal. E 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 t l ast one 1 year prior to th notice of request forbids or proposals) � Tel.Numbe (130 Address 0 Print Name: ed -- Signature d Title of Authorized Signatory for Bidder/Responder 0 STATE OF: FL COUNTY OF: Monroe U Subscribed and sworn to(or affirmed)before me, by means of IN physical presence or❑ online notarization, on (date) by Richard Toppino (name of affiant). He/She is ersona{ly known to me or hasr rortg .Pou (type of identification)as identification. „ w. MICHAFL I ABRAt,'1A State w Flo(id°_h N r[ary Pubkc l I; comrn ss.o r • GG 1 163 7 Cry' `1 "� My Commission Expires ure 19 NOTARY PUBLIC 2021 (SEAL) My commission expires: PROPOSAL FORM 00120- Page 34 of 220 Packet Pg.657 C.18.c Rowell's Waterfront Park Phase I PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier,subcontractor, or CONTRACTOR under y a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Charlev Tormino & Sons, Inc _ (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) c Date: 0 STATE OF: FL COUNTY OF: MONROE U Subscribed and sworn to (or affirmed) before me, by means of II(] physical presence or❑ online notarization, on (date) by Richard Toppino (name of affiant). He/She is Rgf§pn 11 c known to me or has produced (type of identification) as MICHAI L LABRADA it �I State of Florida-Notary Public Commission # GG 116317 l i A11y C omma Sion Fxpires i t lone 19 2021 NOTARY UBLIC (SEAL) My commission expires: PROPOSAL FORM 00120-Page 35 of 220 Packet Pg.658 C.18.c Rowell's Waterfront Park Phase I VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s); Rowell's Waterfront Park Phase I Respondent Vendor Name: Charley_Toppino & Sons, Inc Vendor FEIN: 59-2426906 Vendor's Authorized Representative Name and Title: Richard Toppino, President Address: PO Box 787 City: Key West State. FL Zip: 33041 CL Phone Number 305-296-5606 Email Address RToppin_a(c charleytopprno.com CL .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in o Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. o As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified 0 above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with �? the County may be terminated, at the option of the County, if the company is found to have submitted a _ false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. o e® Certified B Richard Toomno who is authorized to sign on behalf of the a ve refer rrbed company, Authorized Signature: Print Name: Richard Toppino Title: —_-President Note: The List are available at the following Department of Management Services Site: Pryttp:llwww # .myflor da.camlb sin s o er`atronslstate urc�a inc/vendor infdrrnationlconvg ted soap ended discriminatory comlants vendor lists PROPOSAL FORM 00120- Page 36 of 220 Packet Pg.659 C.18.c Rowell's Waterfront Park Phase I SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address 02920 Blue Native of the Florida Keys Louis Perez 305-872-4050 305-302-1572 155 Toppino Industrial Dr, Key West, FL 33040 16500 Pedro Falcon Contractors, Inc Roman Sviridenko 305-872-2200 31160 Ave C, Big Pine Key, FL 3304 02740 KBI Flexi-Pave Jamie Cabral 727-723-3300 4600 140th Ave. N. Ste 200, Clearwater, FL 33762 CL CL 02450 FL Foundation Mark Keister,305-912-7453 PO Box 348550 Coral Gables, FL 33234 0 15400 Certified Lower Keys Plumbing Barry Barroso 305-296-5959 1014 White St, Key West, FL 33040 15700 Sub-Zero, Todd Oropeza 305-294-9243 6003 Peninsula Ave#5, Key West, FL 33040 0 03100 Bella Construction of Key West Niels Hubbell 35 Diamond Dr, Key West, FL 33040 0 02830 Florida Fence Corportation Luis Diaz 305-852-4324 161 Georgia Ave, Tavernier, FL 33070 0 0 CJ PROPOSAL FORM 00120-Page 37 of 220 Packet Pg.660 C.18.c Rowell's Waterfront Park Phase SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as CL specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance a, consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- y staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from c the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. 0 The Contractor shall maintain the required insurance throughout the entire term of this contract _ and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except U for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies.. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: c Certificate of Insurance or A Certified copy of the actual insurance policy. However, the Contractor shall provide to County Project Management a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 220 Packet Pg.661 C.18.c Rowell's Waterfront Park Phase I All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. CL y Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved CL by Monroe County Risk Management. 0 0 0 0 0 0 INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 220 Packet Pg.662 C.18.c Rowell's Waterfront Park Phase I WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR Rowell's Waterfront Park Phase I BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits c $1,000,000 Bodily Injury by Disease, each employee 0 Coverage shall be maintained throughout the entire term of the contract. c Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. c 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. U If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. y 0 INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 220 Packet Pg.663 C.18.c Rowell's Waterfront Park Phase I GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ROWELL'S WATERFRONT PARK PHASE I BETWEEN MONROE COUNTY, FLORIDA AND CL CL 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 y • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability 4- The minimum limits acceptable shall be: 0 $1,000,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 220 Packet Pg.664 C.18.c Rowell's Waterfront Park Phase I VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ROWELL'S WATERFRONT PARK PHASE I BETWEEN MONROE COUNTY, FLORIDA AND CL CL Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: 0 $1,000,000 Combined Single Limit (CSL) 0 If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 c, INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 220 Packet Pg.665 C.18.c Rowell's Waterfront Park Phase I PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits y $1,000,00 Bodily Injury by Disease, each employee CL General Liability, including $1,000,000 Combined Single Limit CL Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit 0 If split limits are preferred: 0 $500,000 per Person $1,000,000 per Occurrence . 0. $100,000 Property Damage 0. Builder's Risk: Not Required Limits equal to the full replacement value of the completed project The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and c hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless ' from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 220 Packet Pg.666 C.18.c Rowell's Waterfront Park Phase I Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees andCL 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. CL The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. y PROPOSER'S STATEMENT c I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. 0 Charley Toppino & Sons, Inc PROPOSER Signat e 0 0 INSURANCE REQUIREMENTS AND FORMS 00130-Page 44 of 220 Packet Pg.667 C.18.c Rowell's Waterfront Park Phase I INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLESCL CL General Liability DTC03202M181TIA20 None 2 Auto 810ON4284482026G None Umbrella CUP3J6572212026 $10, 000 SIR Workers Camp UB4K5263662026G None c 0 c Liability policies are X Occurrence Claims Made 0 Marsh & McLennan Agency Insurance Agency Signature 0 0 End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130-Page 45 of 220 Packet Pg.668 C.18.c , - CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)5/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh&McLennan Agency LLC NAME. PHONE FAX 9850 N.W. 41 st Street ('/R NQ,Ext)• 305-591-0090 (,Vc,Na).212-948-5665 AIL E-M Suite 100 ADDRESS certsmiami@mma-fi.com Miami FL 33178 _INSURER($(AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co.of America 25666 INSURED CHARLTOPPI INSURER B Phoenix Insurance Company 25623 w Charley Toppino&Sons Inc. to Monroe Concrete Products Inc- INSURERC:Travelers Property Casualty Co of Amer 36161 P.O BOX 787 INSURERD:The Travelers Indemnity Company 25658 CL Key West FL 33041 INSURER E INSURER F: CL COVERAGES CERTIFICATE NUMBER:276921043 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD C) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR'... TYPE OF INSURANCE.._ ADDL SUBR' POLICY EFF POLICY EXP cu LIMITS _._ _... LTR POLICYNUMBER MM/DDIYYYY MM/DD/YYYY A ! X COMMERCIAL GENERAL LIABILITY DTC03202M181TIA20 5/19/2020 5/19/2021 ; EACH OCCURRENCE $2,000,000 N DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) '.. $5,000 C) PERSONAL&ADV INJURY $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000 POLICY X JECT � —_I LOC" PRODUCTS-COMP/OPAGG $2,000,000 OTHER: _ ,$ 0. D AUTOMOBILE LIABILITY 810ON4284482026G 5/19/2020 5/19/2021 - COMBINED SINGLE LIMIT $1 t. IEa sec(dent) ,000,000 X ANY AUTO BODILY INJURY(Per person) 5 F® OWNED SCHEDULED BODILY INJURY(Per accident) $ .rr AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPEL41Y DAMAGE $ AUTOS ONLY AUTOS ONLY fpee apoacn!:) $ C X UMBRELLA LIAB X OCCUR CUP3J6572212026 5/19/2020 5/19/2021 EACH OCCURRENCE S 10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $10.000.000 O DED X. RETENTION.$ _ _ $ _._ nnn B WORKERS COMPENSATION PER 5TH- ANDEMPLOYERS'LIABILITY UB4K5263662026G 5/19/2020 5/19/2021 ,X -. YIN .'STATUTE E:R ,® ANYPROPRIETOR/PARTNERIEXECUTIVE ❑ EL EACH ACCIDENT $1,000,000 OFFICERlMEMBER EXCLUDED? N/A - -- -- -- ---- -- (Mandatory in NH) ', E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 C) j DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability Aggregate applies per Project if required by written contract. Proof of Insurance only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Charley Toppino&Sons Inc. ACCORDANCE WITH THE POLICY PROVISIONS. Monroe Concrete Products Inc. PO BOX 787 AUTHORIZED REPRESENTATIVE Key West FL 33041 ©1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg.669 C.18.c CHARLEY TOPPINO & SONS, INC. P.O. BOX 787 KEY WEST, FL 33041 305 296-5606 SHAREHOLDERS: FRANK TOPPINO DIRECTOR 797-5847 EDWARD TOPPING, SR DIRECTOR 744-8443 DANIEL P. TOPPINO SECRETARY 745-1645 ANDREW TOPPINO VICE PRESIDENT 797-5839 RICHARD TOPPINO PRESIDENT 797-1002 JOHN P. TOPPINO VICE PRESIDENT 239 595-7262 KEY EMPLOYEES: CELL #: c 0 REY MARTINEZ PROJECT ENGINEER 305 797-1003 LEO MONTIEL PROJECT SUPERINTENDENT 305 797-3688 JOSE GUADARRAMA PROJECT SUPERINTENDENT 305 797-0224 0 CLINT KUHNS PROJECT SUPERINTENDENT 305 797-1285 MICHAEL LABRADA PROJECT ADMINISTRATOR 305-304-9356 0 0 Packet Pg.670 C.18.c Our Team Richard Toppino President CIL CIL , oh�rrT tnv 1 0 ,( , dfia � - # iIcfilJY,� pgpn ` {�`�, � rn 0 0 0 Clint Kuhns Jackl Hart Patrick Stevens Senior Senior Superintendent Project Manager Superintendent 0. 0 U 0 tJ Atir t S 4 i- Packet Pg.671 C.18.c ____....._.... 0 ° n rca a C.� to r'� CA Q C7 J. er, r N a ed: ev. '�,�'° ,tea V; rd? (;) • :n.7 �" ,✓' p w .� v K :87 r ✓. cACL 31 n 0 o v ::z s�< p,• .,a � a a, �y z.s Ga, za a c5. .�' « �.. �, cr Ga< � �. o v u E E J F � rX ° r) CA It ro r° o a rn r} X n m o N o 14 o CL C o < _ C > n cL, IL r r C Packet Pg.672 C.18.c __- �, Ps rl e� CAS f y....l CL Lz 4d a t s7 C t8 m. 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Charley Toppino Sons Experience # 22 CL � n #\< 3 8 CL n \ \ - \ � , 2 ` o . 0 0 ; ; c � 0 . _ � o \ � o � , 5 Packet P675 C.18.c CL CL Key West & Lower Keys t CJ ➢ United&Grinnell St.Water Main ➢ City of Key West ROW ➢ Poinciana Gardens Assisted Living _y Improvements Improvements Facility � D $527,921.34 D $2,500,000.00 ➢ $945,722.00 D NAS Boca Chica Main Extension ➢ St.Mary's Activity Center ➢ FKAA Key Haven FM Extension , 2,762,000.00 ➢ $1,847,000.00 ➢ $1,574,143.14 ➢ $ F® D Truman Waterpark Park ➢ FKAA Key Haven Utility Improvements ➢ Sonic Sitework ➢ $2,779,313.80 ➢ $515,000.00 ➢ $15,164,925.56 ➢ Gerald Adams Sitework&Demolition D Stock Island Marina Village Hotel ➢ Key West International Airport ➢ $4,578,670.40 Commercial Apron ➢ $18,958,714.22 ➢ Pump Station"F" ➢ $995,220.00 ➢ Marty's Place ➢ $1,670.744.25 ➢ Key West International Airport Drainage ➢ $10,594.453.00 ➢ Stock Island Roadway&Drainage Improvements ➢ Big Coppitt Wastewater System Improvements D $2,818,1222.25 ➢ $11,078,347.00 D $4,097,278.47 ➢ Quarry Housing Development ➢ Key Haven Estates Sitework ➢ VFD Pump Stations"A,B,C, D,DA" ➢ $6,163,588.00 ➢ $299,917.75 ➢ $4,022,894.40 Packet Pg.676 C.18.c c Middle Upper Keys 0 0 0 0 ➢ Stanley SwRilk Elementary ➢ Lazy Lakes RV Resort ➢ Saddle Bunch Keys Bike Path Sitework&Underground Utilities Utilities Improvements Y $3,775,000.00 ➢ $753,000 ➢ $450,000.00 ➢ Plantation Key Courthouse ➢ FKAA Breezy Pines Improvements y ➢ FDOT Hurricane Irma Repairs T6489 Demolition&Sitework ➢ $1,309,084.00 Z Y $6,002,466.00 Y $2,320,735.00 Y FKAA Big Pine Key Repump Station ➢ Cudjoe Regional Wastewater ➢ $919,020.00 ➢ Marathon Airport Taxi Lanes Collection System ➢ $2,366,000.00 > $5,400,000.00 ➢ FDEP Heritage Trail:Key Haven to Big Coppitt ➢ Big Pine Observation Platform& ➢ Cross Key WWTP ➢ $2,052,268.00 Reynolds St.Pier ➢ $4,148,000.00 ay > $762,854.75 > FDEP Bahia Honda Sandspur > FDEP Dagny Johnson State Park Restoration ➢ FDOT Hurricane Irma Repairs ➢ $900,000.00 > $2,962,347.00 T6476 ➢ Marathon Library > $1,873,536.00 ➢ FDEP Heritage Trail:Spanish Harbor ➢ $645,900.00 to 7 Mile Bridge ➢ FDOT Summerland Key ➢ Fishermen's Hospital Y $4,083,000.00 Roadway&Drainage E61(75 > $2,000,000.00 ➢ $2,725,555.00 ➢ Grassy Flats Resort Marathon Site ➢ US Coast Guard Station Development ➢ Tarpon Harbor Marathon Marathon ➢ $687,569.40 > $2,154,405.00 Y $374,319.00 Packet Pg.677 C.18.c Ni Tab 2 - Job Highlights Truman Waterfront Park } • 1500 LF of roadway FDOT standard " • Installed 15,000 LF of underground utilities to C. include fire suppression,water, drainage, sanitary drainage and irrigation up to 24" in CL diameter , 2 • Installed a Water Park feature with public bathrooms , n, z„ > V v, ,"�, FKAA Sombrero Beach Rd Installation of 3000 LF of 6" Water Main and c 10 4,500 LF 12" Water Main Installed all service connection, fire hydrants and waste meters 2 • Roadway reconstruction 0 CO q� V Stock Island Roads & . : Drainage „ E • Installed 7,000 LF of drainage pipe from 15" to 24", including a French drain �t • Installed 8,000 LF of two lane roadway reconstruction per FDOT standards Packet Pg.678 C.18.c Job Highlights Stock Island Marina Village • Installed more than 10,000 LF of underground utilities including drainage,sanitary, fire, water, and irrigation systems. ' ' �:�� . CL CL • 100 room Hotel, Restaurant and Marina 1 „'. Z NAS Boca Chica Main Extension �s ,l' 0 • Installed 5,100 LF of 8" HDPE pipe directional " drilled and appurtenances Treatment plant conversion including new u, VFD's, telemetry, pumps, and controls Completed all structural modifications, " penetrations, etc. CO Z FKAA Kerr Hagen FM Extension �hW $ ,ry • Installation of 10,000 LF of 10 HPDE pipe FM, directional drill • Installation of 3,000 LF 8'' SS pipe FM under C bridge structure to include hangers, ARY's " iv andr,. s' expansion joints t Packet Pg.679 C.18.c References Allen Perez Owner Perez Engineering 305-293-9440 t Robert Lopez y Owner 1 General Asphalt 0 305-510-3031 0 Rachel Cone The Southern Group Interim Secretary of FDOT under Rick Scott 904-386-3033 0 Packet Pg.680 C.18.c CREDIT REFERENCES Concrete Products Of Palm Beaches, Inc. I� 460 Avenue S CONCRETE PRODUCTS Riviera Beach, FL 33404 ........li of THc PALM BEACHES,INC. „ (561) 842-2743 CL 2 t Ferguson Enterprises y 1950 NW 18th Street OFERGUSONO 0 Pompano Beach, FL 33069 (305) 947-0514 0 BB&T Bank 1010 Kennedy Dr. Key West, FL 33040 y (305) 292-3842 0 Packet Pg.681 C.18.c r i L:Y Z 70 O } e� N T ( u ayi U w �° CL W vi DC LE Q cn Ul DC O o m J � T m Z 01 0 :D ~ N o Ul O Z lwL Ol U ; N V� F' Q Z o u `� v Q W W �w ��;" �.��! c) � s O � 4-1 LL co � , � w Z �' kW �i . o u LL O Z V� 2 �C a _Z m � c °a _ W OON � Q o a, Z w �s > W Q 2 tea` � 0 v o Z I ' Y V o � u r, Ix > E o 00 ~ Z a J N.I � O CC �' F LLJZ ] j a Z w O Z o rW O w a u LL V U o 0 o W Packet Pg.682 C.18.c 2020 / 2021 ONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2021 RECEIPT# 30140-89800 Business Name; CHARLEY TOPPINO&SONS INC Owner Name: EDWARD TOPPING SR 8,5 ROCKLAND KEY Business Location. KEY WEST, FL 33040 Mailing Address: P O BOX 787 Business Phone: N KEY WEST, FL 33041 Business Type: CONTRACTOR(ENG CLASS I CC 749 A) CL Employees CL 10 0 COMP CARD: CC749A t Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Pald 25.00 0.00 ., 25.00 ..._... 0.'.00. M.._0.00 0100 25.00 Paid 122-19-00002505 08/13/2020 25.00 0 0 0 THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC,Tax Collector THIS IS ONLY A TAX, WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. 0 0 0 CJ 0 MONROE COUNTY BUSINESS TAX RECEIPT ' P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2021 Business Name: CHARLEY TOPPING &SONS INC RECEIPT# 30140 89800 8.5 ROCKLAND KEY 0 Business Location: KEY WEST, FL 33040 Owner Name: EDWARD TOPPINO SR 0 Mailing Address; Business Phone; c8 P 0 BOX 787 Business Type: CONTRACTOR(ENG CLASS I CC 749 A) KEY WEST, FL 33041 Employees 10 COMP CARD: CC749A Tax Amount Transfer Fee Sub111-Total Penalty Prior Years Collectlon Cast Total Paid 25.00If 0,00 25,00 .. ... . .. , 0.00 0,00 0 00 25.00 Paid 122-19-00002505 08/13/2020 25.00 Packet Pg.683 C.18.c 2019 / 2020 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2020 �ECEII..I- Business Name: CHARLEY TOPPING&SONS INC: E Owner Name: FRANK TOPPINO, OHN P TOPPING DUAL Business Location: US 1 KEY WE WEST, FL 33C74Q 0) Mailing Address; N BOX 787 Lusinrss 0Lono; 305-29E-5606 t8 KEY GUEST, FL 33041 BLI S `eSS CONTRACTOR(GENERAL K ENGINEERING � CONTRACTORS) CL CL Employees 70 0 COME CARD: ENS 1131A IGC 152A ySTATE LICENSE. CGC1518488 e 1 Penalty ars Co crNectpnr Cost Total Paid I t8 25C}.00 0.0C1 OM0 0t) 25C1.0 N _ . 250.Q0 0 00.: _ _ 0 _ Paid 000-18-00031239 09/09/2019 250.00 D 0 0 -THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX, WHEN `<fALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING _ AND ZONING REQUIREMENTS 0 0 MONROE COUNTY BUSINESS TAB RECEIPT P,O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2020 ¢ Business Name: CHARLEY TOPPINO€a SONS INC RECEIP-rd 30140-89799 US H4VY 1 � Business Location: KEY WEsT, FL 33040 Owner Narne FRANK TOPPINO, JOHN P TOPPINO QUAL Mailing Address. Business Mhone: 305-296-5606 BOX 787 Business Type: CONTRACTOR(GENERAL&ENGINEERING ¢ KEY WEST, FL 33041 CONTRACTORS) Employees 70 COMP CARD: ENG 1 13 1A/GC 1' STATE LICENSE: CGC1518488 Tax Amount � Da ,f , n _.. �-... PLn_a ty rs ..M.. .C_.o-l_le, ction Cost I�lotal PTM1 id 250.00 C )Ci _ 7 �t?a7 i , 0.00 0 250.00 Paid 000-18-00031239 09/09/2019 250.00 Packet Pg.684 C.18.c FDOT rT Floridaa t Transportation RON DESANTIS 605 Suwannee Street KEVIN J.THIBAVLT,P.F:. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY April 20, 2020 CL 00 CHARLEY TOPPINO & SONS, INC. CL PO BOX 787 KEY WEST, FLORIDA 33041 t RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work N indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application is due 413012021. In accordance with 9.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. 0 If your company's maximum capacity has been revised, you can access it by logging into _ the Contractor Prequalification Application System via the following link: FtTTPS:lfl°clot 1_.zlot,atata.fl.usiContractorPr ualificaCiorsj F® Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DEBRIS REMOVAL (EMERGENCY), DRAINAGE, ELECTRICAL WORK, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, INTERMEDIATE BRIDGES, MINOR BRIDGES, ROADWAY SIGNING, SIDEWALK, CURB & GUTTER, GROUT INJECTION, LIFT/PUMP STATION, RIP RAP, UNDERGROUND UTILITIES. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida N Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class ' of work requested. U) (J All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. U r - ' Sincerely, _ Alan Autry, M;aiiager Contracts j'cl(n.inistration Office AA:cg www.rdot.gov Packet Pg.685 C.18.c 4/20/2020 Manage AL g Q.0 t Contractor PreT F,-11 Qualification(CPQ)"fF FDOTASHLEY@CHARLEYTOPPINOANDSONS,COM �' F9 rpPdat® crk U Y U V Annual Application 4/20/2020 7:22:35 AM EST "Vendor ySlakeholderayAtrlll ate eyWork Ciao seoyFlnanclalyConvacisyManage) Attach Financial StalemantsyAddltlonal DocumentatlonySul:milyAppllcatlon Summary) Vendor Number:F592426906002 Name:CHARLEY TOPPINO&SONS,INC. Application Status:COMPLETED Fiscal Year End Date: 12/3112019 Appilcatlon Due Date:4/30/2020 CL CL t NOTE:The Capacity shown below will be reduced by your Work Underway to determine your Available Bldding Capacity. Adjusted Current Ratio: 1.81 Ability Score: 75 Surety Multiplier: 0 N Ability Factor: 4 Calculated Maximum Bid Capacity: $410,600,000.00 Z Adjusted Net Worth: $56,710,802.00 0 0 0 0 t�. 0 Document Mailed Received Attached Audited or Reviewed Financial Statements 4/8/2020 4/8/2020 N/A Affidavit 4/7/2020 AFFIDAVIT 2020-EXECUTED.PDF Request Document Equipment 3130/2020 123119 EQUIPMENT LISTING-2020 FDOT FORMAT.PDF Request Document (, Surety Letter Letters of Recommendation Audited Reviewed Financial N/A NIA CHARLEY TOPPINO SONS INC._19 FS_FINAL.PDF or Statements Request Document 0 Additional Document NIA N/A FDOT 2020 ADDITIONAL DOCUMENTATION.PDF Request Document U 0 0 0 Event Date Comment I APPLICATION 3/30/2020 CREATED APPLICATION Good Mcrninc0,I have attached a pdf rile with additional dccurnentalion and explanation of financial data used In SUBMITTED 4/8/2020 our application.Also included is the FMV summary for the land used In construction operations and the 2019 land appraisal Flies.Please let me know if you have any questlons.Ashley Peattle,CFO APPLICATION 4/8/2020 RECEIVED https://fdotwpl.dot.state.fl.us/ContractorPreQualificationiPages/OiilineApplication/cpgOnlineManage.aspx 1/2 Packet Pg.686 C.18.c 4/20/2020 Manage The Department has completed the review of your application.Your new prequaiificalion is effective Immediately.A signed certificate of qualification will be sent via electronic mail to the primary account holder for APPLICATION this application within 10 to14 business days.If the signed certificate should be e-malled to a recipient other than REVIEW 4/18/2020.the primary account holder,please provide the reclplent's e-mail address to CO-CPQStaff@dot.state.11.us.You COMPLETE can access your firm's maxlmurn bid capacity and approved work classes on the capacity and work class tabs of the application.You can access your approved work ctasses,but not your maximum bid capacity,by accessing our public database at: hitps:l/fdotwpl.dot.state.fl.us/contractorprequalificatton/p ublic/PrequallfiedVendorSearch.espx. FLORIDA DEPARTMENT OF TRANSPORTATION * °'' ' CIL FP S.S.w{p� Report Technical Problems to the Service Desk @ 1-866-955-4357 or email: 1, .. Service Desk ? ro car �Ut ni—lvow, , Send Prequalification Questions or Comments to Contracts AdminikMfiPn AP CIL y y,Disclaimers�Cre (ts 0- t ro u) O IX O O ro O U Ch O IX ro https://fdotwpl.dol.state.fl.us/ContractorPreQuallncation/Pages/OnOneApplieadon/cpgOnllneMamage.aspx 2/2 Packet Pg.687 C.18.c Detail by Entity Name Page 1 of 3 Florida F)gpr)Ilmrinl<)I Slate DIVISION OF CORPORATIONS org4. hlSf.�ttat 3l sf �,€1e± / l�lh;;asl�sly r,PJp f.p _NgM/ EntityDetail by CL Florida Profit Corporation CHARLEY TOPPINO&SONS,INC. CL Filing Information 2 Document Number M03537 FEI/EIN Number 59-2426906 Date Filed 08/02/1984 y State FL Z Status ACTIVE 0 Last Event AMENDMENT Event Date Filed 10/11/2019 Event Effective Date NONE Principal Address 129 TOPPINO INDUSTRIAL DRIVE ROCKLAND KEY KEY WEST, FL 33040 Changed:04/27/2017 allin Addrt3ss 0 P.O. BOX 787 KEY WEST, FL 33041 Changed:04/23/2018 Z Rv ist ra ant gams 8 ddrl ss TOPPINO, RICHARD ' 129 TOPPINO INDUSTRIAL DRIVE F® KEY WEST, FL 33040 U Name Changed:02/08/2018 Address Changed:02/08/2018 Off lcerlDirvctor Dotall Name&Address Title P TOPPING, RICHARD 10 EGRET LANE KEY WEST, FL http://search.sunbiz.org/Inquiry/Corpo rati onSearch/SearchResultDetail?inquirytype=Entity... Packet Pg.688 C.18.c Detail by Entity Name Page 2 of 3 Title T TOPPINO,JOHN #18 CALLE LINO KEY WEST, FL 33040 Title V TOPPING,ANDREW 129 TOPPINO INDUSTRIAL DR Ch KEY WEST, FL 33040 CL Title Secretary CL Toppino, Daniel P PO Box 787 Key West, FL 33041 Title Executive Vice President y Toppino, Paul 1500 Catherine Street Key West, FL 33040 0 Title CFO 0 Peattie,Ashley PO Box 787 Key West, FL 33041 Annual Reports Report Year Filed Date 2018 04/23/2018 2019 04/25/2019 y 2020 06/19/2020 Z 0 [5ocflrnrfrft!gia Tc� U) t1 0]QF if f ANNA)Al.Wie•PQR r Via image in PDF fonnail C f T t1,nl f J Q�tru#4tai Vrr w irnage In PDF formcaC d St I`t1 ..L l fwk RLPC)fj.N, View image in PET format� G7 d7 ax 3 at tTt 11tvT fN t dtl,d k't r Vie^w lrraya is PC)F i'mrmal 1 tTN etaNTi Yt N Ss�f9!S t ratraf View image in PDF formak 9a 2(f°Q V- rN'_a�1rtl l?r R?f)!$d' Vieua rnage in PCYF forrraf f9TkJYti7 L91 ..'NN ILIJAi kdr f"otj f V9&3NY image In PDF format 4g dl2C}Y5-. fftfU+ad !Nk 9,,If�' View lmnge sn PDP format - Q+394 U014 eNhkU6L *,f' d-'f View image in PDF formal Q.111P 933-_AN_41d4 Rf¢,#'tSdtT l n V9evsarrege r,PDFi rpnat d,srz7r ad ANRV r a LPQ T t vl w 9meg�lra PDF fe:rmeN 1t3f1Tkt7 _ANNUAI.RLF� t�°RT View Imrage m PDF format _..._.._ of eaLi ' fYaua ,Adq/aJd,Nq>d' di,¢ Viww image sn PC7} d rma0 .... 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Packet Pg.689 C.18.c Detail by Entity Name Page 3 of 3 ANNVAI REPORT evv arc, umm� 7 t.'��, 1�` 811 d'k�,1+4fytlTr4 rtd�r�R,1a�; J ss r c !'JF mrmat i2005 ANNrUA1,RFT'.QJd j Weif .:,age PD arr3,at ANC t1Ar HI:VQjt t ,.Pad...gof a: 91'f1�JF2f§t}?i F4�tisliia�iauy�riC __�iLW Asa y�t� � �sr; rt 6i�9r`Cj�yF,� P«4 Nl w?ia 4 fra�a,�ttr !L-w -ge Onk F m.c 0117772091 -ANNUAt,f�RpQ s, ge r t14!&+2003 ANNUAL Bti POFIT E e� a=t P gal Y tpx7c3�d AN ;$:t10H t J9a vt hrup in,t f rr;x 2RCh 4WQ9,'200) AMNUAL REPORT CL tS13c1 G AI I14AL9tE1pJ9 @ View impgeF ... s 0.111tBSrrA AraNtf image i � Jf CL 0 Lf3t�1IJU3 ANt'4VA1,01,POR 4 Mew SraGu F fouriM 0 . �.... t ��4�in �d r€F,s[U3111997 AiI, UALR,T0RT P7 t C 4t29r1 ct ANf� AL C Pf9ttT f ew mage F format t8 021G3(I Ira9,_ANNUAL R ff fQR-Im ova r rs am t __ Vl 0 0 0 U 0 0 U http://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=Entity... 3 Packet Pg.690 f OsBqd MJBd 4uojjj94eM s,119moU a l® l q4!m 43 a4uo ) 49 y ogejnq p1 :4u9ua 3 44 co to t- U a d U -' N m S a } 4- 0 O O O O O O d' O O O O O O Q •-� O d' Lr) O O ro O� m to m O O m u - 0 m T O m O O lfl wco u ~ 0 W Q � s - } vZ c a � Z W I- C A '� Q W M Q p Z � = � 0.LL Q (n Q H O O O O O O O O L a Z Z in in in in in in Ln } W IX co � HN LL I. 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