Item C02 } C.2
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
August 18, 2021
Agenda Item Number: C.2
Agenda Item Summary #8475
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754
N/A
AGENDA ITEM WORDING: Approval to award bid and approve a construction contract with the
low responsive/responsible bidder, Charley Toppino & Sons, Inc. for the Koehn and Big Pine Shores
subdivisions Roadway and Drainage Improvement Project (Big Pine Key), in the amount of
$1,717,646.98 for Koehn scope and $65,630.40 for the Loma Lane scope for a total contract amount
of$1,783,277.38. The project is partially funded by a Florida Department of Transportation (FDOT)
Small County Outreach Program (SCOP) grant agreement.
ITEM BACKGROUND:
The Koehn and Big Pine Shores Roadway and Drainage Improvements project (Big Pine Key)
construction bid was advertised on May 7, 2021. Four bids were received on June 22, 2021. The bid
document stated a requirement for FDOT pre-qualification in section 00100 Instructions to Bidders
as follows: "To be considered, all prime contractors submitting bids must be pre-qualified by Florida
Department of Transportation (FDOT) in accordance with Chapter 337.14 F.S. and State of Florida
Department of Transportation Rules Ch. 14-22". This requirement is also contained in section 00110
Bid Proposal item 9: "Proof of pre-qualified by Florida Department of Transportation (FDOT) in
accordance with Chapter 337.14 F.S. and State of Florida Department of Transportation Rules Ch.
14-22". The apparent low bidder, Mike Haack Excavating, Inc. is not FDOT pre-qualified and
therefore is disqualified as non-responsive/non-responsible to the bid requirements.
The Koehn and Big Pine Shores Roadway and Drainage Improvements project (Big Pine Key) will
include culvert drainage installation, milling, overlaying existing road surfaces with asphaltic
concrete pavement, re-grading roadway shoulders, pavement markings, signage, and other roadway
construction. Sea level rise data was considered in the design and the project limits were identified
based on pavement analysis and County provided lidar elevation data. (lidar is a surveying method
that measures distance to a target by illuminating the target with laser light and measuring the
reflected light with a sensor).
The project is part of the previously adopted five-year County Road Improvement Budget and is
partially funded by an FDOT Small County Outreach Program (SCOP) grant agreement (State
funding) and requires adherence to the SCOP agreement and FDOT construction standards. The
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project will be substantially completed within 270 calendar days of the Notice to Proceed.
The construction bid award includes a section of Loma Lane (located 3.5 miles from Koehn
subdivision) for milling and asphalt resurfacing approximately 723 linear feet of roadway and
installing thermoplastic centerline striping and reflective pavement markings. Loma Lane has been
identified as needing substantial repairs due to poor pavement condition. The Loma Lane scope is
not included in the FDOT SCOP funding agreement.
PREVIOUS RELEVANT BOCC ACTION:
May 19, 2021 —The BOCC approved a task order with HDR Engineering, Inc. for Construction
Engineering and Inspection Services (CEI) for the Koehn and Big Pine Shores Roadway and
Drainage Improvements project in the maximum not to exceed amount of$278,164.00.
March 17, 2021- The BOCC approved by resolution an FDOT SCOP grant agreement funding
construction and construction engineering and inspection services in the grant amount of
$1,660,312.00 (estimated 75%), with a County match of $553,438.00 (estimated 25%). (Due to
reallocation of FDOT workplan funding in 2021, this action rescinded previously approved
Resolution 181-2020, dated June 17, 2020).
September 18, 2019 — The BOCC approved a task order with Baxter & Woodman, Inc. for
engineering design and permitting services and support during construction for the Koehn and Big
Pine Shores Roadway and Drainage Improvement Project in the amount of$332,866.00.
January 17, 2018 — The BOCC approved On Call Engineering Services Contracts with 9 firms: CSA
Central, EAC Consulting, HDR Engineering, Keith & Schnars (now KCI Technologies, Inc),
Kisinger Campo, Mathews Consulting, RS&H Inc, TY Lin International and WSP USA, INC.
March 20, 2013 — The BOCC approved a contract with IMS Infrastructure Management Services for
asphalt pavement analysis on County roads.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve construction bid award and contract to Charley
Toppino & Sons, Inc. for the Koehn and Big Pine Shores subdivisions Roadway and Drainage
Improvement Project, to include the Loma Lane scope.
DOCUMENTATION:
Toppino - Koehn - Executed Contract
Koehn Bid Tabulation Sheet pdf
FINANCIAL IMPACT:
Effective Date: August 18, 2021
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Expiration Date: 30 days after construction final acceptance
Total Dollar Value of Contract: $1,783,277.38
(this includes $65,630.40 for Loma Lane scope which is not funded by the FDOT/SCOP grant)
Total Cost to County: $1,783,277.38
Current Year Portion: $100,000
Budgeted: yes
Source of Funds: 304-27000-CR1902
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: FDOT SCOP (75%) of$1,717,646.98 = $1,288,235.24. (construction)
County Match: 25%
Construction contract: $429,411.75 (25%) of construction contract amount
Insurance Required: yes
Additional Details: $65,630.40 of the construction contract is for Loma Lane scope which is not
funded by the FDOT/SCOP grant
05/19/21 304-27000 - TRANSPORTATION PROJECTS $1,783,277.38
Koehn Subdivision
REVIEWED BY:
Judith Clarke Completed 08/03/2021 10:49 AM
Christine Limbert Completed 08/03/2021 11:37 AM
Purchasing Completed 08/03/2021 11:53 AM
Budget and Finance Completed 08/03/2021 12:29 PM
Maria Slavik Completed 08/03/2021 1:02 PM
Liz Yongue Completed 08/03/2021 1:34 PM
Board of County Commissioners Pending 08/18/2021 9:00 AM
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Standard Form of Agreement N
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
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AGREEMENT
Made as of the day of _ in the year of Two Thousand and Twenty One.
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BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC")
1100 Simonton Street
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Key West, Florida 33040 ("Owner") v,
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And the Contractor: Charley Toppino & Sons, Inc.
PO Box 787
("Contractor") Key West, FL 33041
For the following Project: Koehn and Big Pine Shores Roadway Improvements Project
Big Pine Shores
Monroe County, Florida ("Project"
Oversight for Owner: HDR Engineering,Inc.
315 East Robinson Street, Suite 400 76
Orlando, Florida 32801
Engineer: Baxter& Woodman Consulting Engineers 0.
477 S. Rosemary Avenue, Suite 330
West Palm Beach, Florida 33401
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The Owner and Contractor agree as set forth below.
ARTICLE 1
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The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary W
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and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone
Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement,
other documents listed in this Agreement and Modifications issued after execution of this Agreement.
These form the Contract and are as fully a part of the Contract as if attached to this Agreement or
repeated herein. The Contract represents the entire and integrated agreement between the parties hereto °®
and supersedes prior negotiations, representations or agreements, either written or oral.
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Notice Requirement
All written correspondence to the COUNTY shall be dated and signed by an authorized representative L+
of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested,
to the following:
Ms. Judith Clarke, P.E. o
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Contractor:
Richard Toppino, President
Charley Toppino & Sons, Inc.
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PO Box 787
Key West, FL 33041
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ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the
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specifications. The contract constitutes the entire and exclusive agreement between the Owner and the 0.
Contractor with reference to the Kochn and Big fine Shores_Roadway,,Iml2rovements, Project. �--
ARTICLE 3
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Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement, as first written above, unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated
in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to
proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days
before commencing the Work.
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The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
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3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
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270 calendar days after the Date of Commencement, subject to adjustments of the Contract Time as ca
provided by the Contract Document.
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LIQUIDATED DAMAGES -'—
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set forth by the Owner's signature of approval on the Certificate of m
Substantial Completion. The liquidated damages table below shall be utilized to determine the amount c
of liquidated damages.
FIRST SECOND 31St DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY
$50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY
$100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY y
$500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY
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The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an
extension of time on the Contract.
Uncontrollable Circumstance
3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such Party's
control, without such Party's fault or negligence and that by its nature could not have been foreseen by
such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, c
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of
the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or
other civil unrest in the geographic area of the Project; (d) government order or law in the geographic
area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement;
(0 action by any governmental authority prohibiting work in the geographic area of the Project;(each, a
"Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall give County
written notice within 7 days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of U
any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.
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The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor
may only seek a no cost Change Order for such reasonable time as the Owners Representative may
determine.
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ARTICLE 4
Contract Sum 0
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the Koehn and Big Pine Shores Roadway Improvements Project the
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Contract Sum of One Million Seven Hundred Eighty Three Thousand Two Hundred ca
Scvent Seven I OLLATtS, and Thirty Eight CENTS. ($1,783,277.38), subject to additions
and deductions as provided in the Contract Documents. :L+
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: The total contract amount
includes Loma Lane scope in the amount of$65,630.40 which is not MOT funded and
shall be invoiced separately from the base contract amount of$1,717,646.98. c
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4.3 Unit prices, if any, are as follows: As specified in Section 00110.
ARTICLE 5
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Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon y
Project Applications and Certificates for Payment, the Owner shall make progress payments on account
of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
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5.2 The period covered by each Application for payment shall be one calendar month ending on the 0.
last day of the month.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida
Statutes.
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 Owner may require. This schedule, unless objected to by the
Owner, 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.
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5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall a
be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
Sum allocated to that portion of the Work in the Schedule of Values, less retainage of 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 amount of credit to be allowed by the Contractor to the
Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net
cost as confirmed by the Owner. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis °®
of net increase, if any, with respect to that change.
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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 L+
of Five percent (5%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment c
as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
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5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments
to Ninety-five percent (95%) of the Contract Sum, less such amounts as the Owner recommends and
determines for incomplete Work and unsettled claims; and y
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5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
Final Payment
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Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner
to the Contractor when (1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the 0.
General Conditions and to satisfy other requirements, if any, which necessarily survive final payment:and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final
payment shall be made by the Owner not more than 20 days after the issuance of the Final Project
Certificate for Payment. c
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 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735 °®
7.3 Temporary facilities and services:
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None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an N
annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of
this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all monies paid o
hereto and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or whether Contractor
has been placed on the convicted vendor list.
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Contractor will promptly notify the County if it or any subcontractor is formally charged with an
act defined as a "public entity crime" or has been placed on the convicted vendor list. 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
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 36 months from the date of being placed on the convicted vendor
list.
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7.6 The following items are part of this contract:
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a) Maintenance of Records: Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally W
accepted accounting principles consistently applied. Each party to this Agreement or
their authorized representatives, shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor a
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, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, Lu
running from the date the monies were paid to Contractor.
b) Right to Audit: Availability of Records. The records of the parties to this Agreement o
relating to the Project, which shall include but not be limited to accounting records (hard
copy, as well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding 0.
instructions, bidders list, etc.); original estimates; estimating work sheets; �
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries E
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detailing cash and trade discounts earned, insurance rebates and dividends; any other ca
supporting evidence deemed necessary by Owner or the Monroe County Office of the
Clerk of Court and Comptroller (hereinafter referred to as "County Clerk" or"Clerk") to N
substantiate charges related to this agreement, and all other agreements, sources of
information and matters that may in Owner's o r C o u n t y C l e r k' 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 c
Owner's representative and/or agents or the County Clerk. Owner or County Clerk may
also conduct verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations,
special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for ten(10) years after Final Completion.
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c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable
to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
d) Severability: If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or >
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
e) Attorney's Fees and Costs: The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall be ,
entitled to reasonable attorney's fees and court costs, as an award against the non-
prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement 0
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
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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. `2
g) Authority: Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
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h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose
of this Agreement. Any conditions imposed as a result of funding that effect the Project
will be provided to each party.
i) Nondiscrimination: County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically y
terminates without any further action on the part of any party, effective the date of the
court order. County or Contractor agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which 0.
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation _
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title V1II of the
Civil Rights Act of 1968 (42 USC s. 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 s. 12101 Note), as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
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religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 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.
j) Covenant of No Interest: County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement. °®
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k) Code of Ethics: County agrees that officers and employees of the County recognize and ca
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 M
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. Contractor warrants that he/it
had not employed, retained or otherwise had act on his/its behalf any former County
officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or o
any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the County may, in its discretion, terminate this
contract without liability and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee.
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1) 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 y
employee working solely for it, to solicit or secure this Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
m) 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 0.
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 a
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. Lu
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: o
(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.
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(3) Ensure that public records that are exempt or confidential and exempt from public records CO
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not transfer the records to the M
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the County
to perform the service. If the Contractor transfers all public records to the County upon completion of
the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential c
and exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County, upon request
from the County's custodian of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly c
to the County, but if the County does not possess the requested records, the County shall immediately
notify the Contractor of the request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's option
and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
0
F THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY 0.
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT W
CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN ,MONROECOUNTY-FL.GOV
MONROE COUNTY ATTORNEV'S_OFFICE 1111 12TH Street SUITE 408 KEY
WEST, FL 33040.
X
LU
n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance c
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.
o) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and
other benefits which apply to the activity of officers, agents, or employees of any public agents or m
10
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employees of the County, when performing their respective functions under this Agreement within the ca
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 N
County. -�—
p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and c
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.
q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the y
Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0.
r) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
s) No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
t) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
u) Section Headings: Section headings have been inserted in this Agreement as a matter of OU
convenience of reference only, and it is agreed that such section headings are not a part of this Lu
Agreement and will not be used in the interpretation of any provision of this Agreement.
0
v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this
Project. c
w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall °®
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against (i)
11
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claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or ca
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or M
sustained by the County and the COUNTY's elected and appointed officers and employees from
liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and
persons employed or utilized by the indemnifying party in the performance of the construction contract.
The monetary limitation of liability under this contract shall be not less than $1 million per occurrence o
pursuant to F. S. 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.
0
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
2
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within General Insurance Requirements Section 900. In the event any claims are
brought or actions are filed against the County with respect to the indemnity contained herein, the
Contractor agrees to defend against any such claims or actions regardless of whether such claims or
actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select
the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor
further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those
attorneys selected by the County to appear and defend such actions or claims on behalf of the County at
both the trial and appellate levels. The County at its sole option, shall have the sole authority for the
direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement
of any claims or actions against the County.
x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall
try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 LU
concerning termination or cancellation.
0
y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect
of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this
agreement after five days written notification to the Contractor.
0
z) 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,
12
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processes, meetings, and other activities related to the substance of this Agreement or provision of the ca
services under this Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement. N
aa) Insurance: Prior to commencement of work, the Contractor will provide satisfactory
evidence of insurance as required in Specification Section 00900 General Insurance Requirements for
Construction Contractors and Subcontractors. The Contractor shall name the Florida Department of
Transportation and Monroe County Board of County Commissioners, its employees and officials as c
"Additional Insured" on all policies except for Worker's Compensation.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project
belong to the County and may be reproduced and copied without acknowledgement or permission of the
Contractor.
0
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of County Commissioners y
for Monroe County, which approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract
and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to
the provisions of the immediately preceding sentence, each party hereto binds itself, its successors,
assigns and legal representatives to the other and to the successors, assigns and legal representatives of
such other party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all
the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder,
and the assurance by the CONTRACTOR pursuant thereto. 2
7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor
and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's
E-Verify system to verify the work authorization status of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland a
Security's E-Verify system to verify the work authorization status of all new employees hired by the
subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Lu
Contractor shall comply with and be subject to the provisions of F.S. 448.095
0
7.12 The Contractor agrees to the include the contract provisions below (7.13, 7.14. and 7.15) in all
subcontractor agreements and shall provide copies of subcontractor agreements prior to execution to
ensure that the FDOT SCOP contract provisions, as noted below, are included in all subcontractor
agreements. Paragraphs 7.13 through 7.15 are based on extracts from the FDOT SCOP agreement with 0
the COUNTY.
13
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7.13 The Contractor and its subcontractors shall not discriminate against any employee employed in
the performance of this Agreement, or against any applicant for employment because of age, ethnicity,
race, religious belief, disability, national origin, or sex. The Contractor and its subcontractors shall Mn
provide a harassment-free workplace, with any allegation of harassment given priority attention and
action by management. The Contractor shall insert similar provisions in all subcontracts for services
under this Project. The Contractor and its subcontractors affirm that it is aware of the provisions of
Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid on a contract to provide any goods or services to a public entity; may c
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 a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity, including Monroe County. The Contractor
0
and its subcontractors further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and
acknowledges and agrees that placement on the list during the term of this Agreement may result in the
termination of this Agreement.
2
7.14 It is specifically agreed between the parties executing this Agreement that it is not intended by
any of the provisions of any part of the Agreement to create in the public or any member thereof, a third
party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain
a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement.
The Contractor and its subcontractor guaranty the payment of all just claims for materials, supplies,
tools, or labor and other just claims against the Contractor or any subcontractor, in connection with this
Agreement. Additionally, the Contractor agrees to include the following indemnification in all contracts
with subcontractors, or consultants/sub consultants who perform work in connection with this
Agreement.
To the fullest extent permitted by law the Contractor and its subcontractors shall indemnify and hold
harmless the Monroe County, the State of Florida, Department of Transportation, and its officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct
of contractor and persons employed or utilized by contractor in the performance of this Contract.
This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and Monroe County's
sovereign immunity."
0
7.15 The Contractor acknowledge and agree to the following:.
i. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the contract; and Lu
ii. The Contractor shall expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the contractor/subcontractor
during the contract term.
0
ARTICLE 8 °®
Termination or Suspension
14
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ca
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the
General Conditions. �+
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
Article 9
0
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are 2
enumerated as follows: See Article 1
0
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
2
9.1.2 The General Conditions are the General Conditions of the Contract for Construction. y
0
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated August 5, 2020 and are as follows:
0
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and
are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
0
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is 76
shown below:
Baxter& Woodman Consulting Engineers Signed and Sealed Plans dated September 17, 2020 �--
Sheets 1 thru 114
9.1.6 The Addenda, if any, are as follows: c
6.1 1.21 —Addendum 1
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the
bidding requirements are also enumerated in this Article 9. Lu
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County
Bid Form in Section 00110. See Article 1.
0
0
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00
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in counterparts, each of which shall, without proof or accounting for the other L
counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS c
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By
As Deputy Clerk Mayor
c
Date
2
0
MONROE COUNTY ATTORNEY
CHRISTINE LIMBERT•BARROWS
ASSISTANT COUNTY ATTORNEY
DATE 7/16/21
(SEAL) CONTRACTOR
Attest:
By: By: c
>
Title: Title:
0
x
0
0
0
16
Packet Pg.234
Koehn and Big Pine Shores Roadway Improvements Project Bond No. 107443450
C.2.a
SECTION 0050
PUBLIC CONSTRUCTION BOND
CL
BY THIS BOND We Charley Toppino & Sons, Inc. o
� , as Principal
N
and Travelers Casualty and Surety Company of America
—_.--__ a corporation, as Surety, are
bound to Monroe County Board of County Commissioners herein called Owner, in
1 783 277.38
the sum of $ ..........__ _ _ for payment of which
0
we bind ourselves, our heirs, personal representatives, successors, and assigns,jointly
and severally.
THE CONDITION Oh THIS BOND is that if Principal: 0
Performs the contract dated 2021, between Principal and Owner for
construction of.
0
Koehn and Big Pine Shares Roadway Improvements Project >
0
Monroe County, Florida
1. The contract being made a part of this bond by reference,at the times and in the manner prescribed in
the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies,used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages,expenses, costs, and attorney's fees, including appellate proceedings, 2
that Owner sustains because of a default by Principal under the contract; and >
0
4. Performs the guarantee of all work and materials furnished under the contract for the time specified in a
the contract, then this bond is void; otherwise it remains in full force.
e(
S. Any action instituted by a claimant under this bond for payment must be in accordance with the notice F
and time limitation provisions in See. 255.05(2) Florida Statues.
6. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this U
bond. Tlus Mond is given to comply with section 2: -a
Florida Statutes,and any action instituted 1)
claimant tinder this frond for payment must �
Dated July 13
—.._._.-.._ , 2021. accordance with the notice and tune lirnita 0)
provisions in Section 255.05(2).Florida Su r j
Char y T ppino & Sons, Inc.
(Nan f , to 7al)
By-.. t
(As Attorney in ha )
Travelers Casualty ar� rety Co, any of America �
(Name of Surety) _
William L. Parker, Attor in F'aCI& FL Res Ag6nt
END OF SECTION 00850
8/31/20 PUBLIC CONSTRUCTION BOND 00850-1
Packet Pg.235
LS,2,a J
..........
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERSJ St. Paul Fire and Marine Insurance Company
CL
POWER OF ATTORNEY ca
KNOW ALL MEN BY THESE PRESENTS: 'That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, at C
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively calle, .2
"Companies"), and that the Companies do hereby make, constitute arid appoint William L.Parker of MIAMI A
>
Florida their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recogniza
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeiriC
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted it
actions or proceedings allowed by law. U)
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seats to be hereto affixed,this 3rd day of Febr
2017.
0
0
cola),
0
State of Connecticut
By:
0
City of Hartford ss, -Robert L. Raney, Sefiror Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice Presidt
Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, an(
he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporation 0
himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal, 0
My Commission expires the 30th day Of June, 2021 0.
a lb Marie C.Tetrea64,NotaryPubllc--
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty
Surety Company of America,Travelers Casualty and Surety Company, and St,Paul Fire and Marine Insurance Company,which resolutions are now i
force and effect,reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
0
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
the Company's narne and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory in the nature of a t
recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any firne may remove any Such appointee and revoki >
0
power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such deleg
Is in writing and a copy thereof is filed in the office of the Secretary;and It is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance, or condit
undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any S
0
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assi U
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 -a
or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or tier certificate or their certificates of authority or by one or
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 X
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any PO\A
Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes or
executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate be
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such fats 0
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. �e
1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and S o
Company, and St, Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Pow
Attorney executed by said Companies,which remains in full force and effect.
Dated this 13 day of July 2021 0
E L
Kevin E. Hughes,Ass taut Secretary
To verify the aiithenticity offfiis Power ofAttorney,please call us at 1-800-421-3880.
Please refer to the above-namedAttorney-In-Pact and the details oftlya bond to which the power is a
-1 Packet Pg. 236
! 6/2021
C.2.aA�® CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE.'
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. CL
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 oI
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). N
PRODUCER CONTACT
NAME: Illana Abbate
Marsh &McLennan Agency LLC PHONE FAX
9850 N.W. 41 st Street A/c No EXt: A/C,No):
E-MSuite 100 ADDRESS: certsmiami@mma-fl.com
Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Indemnity Co of America 25666
O
INSURED CHARLTOPPI INSURERB: 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:Travelers Indemnity Company 25658
Key West FL 33041 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1544847791 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI;
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM U
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP N
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS
A X COMMERCIAL GENERAL LIABILITY Y DTC03202M181TIA21 5/19/2021 5/19/2022 EACH OCCURRENCE $2,000,000 0
CLAIMS-MADE OCCUR DAMAGES(TO RENTED
PREMISES Ea occurrence $300,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000 '
0.
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
X
PRO-
POLICY� JECT1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY Y 81004284482126G 5/19/2021 5/19/2022 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
X HIRED X NON-OWNED PROPERTY DAMAGE $ t8
AUTOS ONLY AUTOS ONLY Per accident O
C X UMBRELLA LAB X CUP3J6572212126 5/19/2021 5/19/2022
OCCUR EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$in nnn $ '
B WORKERS COMPENSATION UB4K5263662126G 5/19/2021 5/19/2022 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE n� E.L.EACH ACCIDENT $1,000,000 U
OFFICE R/M EMBER EXCLUDED? N/A ,1 t8
(Mandatory in NH) �� I E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under ; - .
DESCRIPTION OF OPERATIONS below BY,
,, E.L.DISEASE-POLICY LIMIT $1,000,000
7 . 16 . 2021
H
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACOF is required) X
General Liability Aggregate applies per Project if required by written contract.
RE: Koehn Drainage and Roadway Improvement Project
Monroe County Board of County Commissioners and Florida Department of Transportation,their employees and officials,as Designated Organizations,are
Additional Insureds in respects to the General&Auto Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds.All of the O
above is applicable when required by written contract subject to the terms,conditions and exclusions of the policy.
O
C
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