Item C36
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18, 2008
Division: Engineering
Bulk Item: Yes ~ No
Department:
Staff Contact Person/Phone #: Dave Koppel X4427
AGENDA ITEM WORDING: Approval to award bid and enter into contract with Charley Toppino
& Sons, Inc. for the Prado Circle Stormwater Improvements Project on Big Coppitt Key.
ITEM BACKGROUND: On March 28, 2008 two bids were opened for the Prado Circle Stormwater
Improvements Project. Charley Toppino & Sons, Inc. bid of $295,120 was the lower bid. Douglas N.
Higgins, Inc. bid was $327,000.
PREVIOUS RELEVANT BOCC ACTION: The project was approved as part ofthe County's Seven
Year Road Plan in March 2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $295,120
BUDGETED: Yes -X- No
COST TO COUNTY: $147,560
SOURCE OF FUNDS: Fund 102 (50%)
SFWMD Grant (50%)
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Charley Toppino & Sons Contract #_
Effective Date: June 18, 2008
Expiration Date: September 30, 2008
Contract Purpose/Description:
Prado Circle Stormwater Improvements Project
Contract Manager: David Koppel 4427 Engineeringl# 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 6/18/08 Agenda Deadline: 6/3/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 295,120
Budgeted? Yesl:8J No 0 Account Codes:
Grant: $ 147,560
County Match: $ 147,560
Current Year Portion: $ 295,120
~-~...::JiQ5~-_
12"5 -~~o"t,;'os:-_
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed
Division Director t;..!J1J6 YesD NoB' (,. JrOf(3
Risk Manag~ent ~~C; YesO N 0 ^
OP~BJPur~as~ ".'J -0'>1 YesO NO~ ~ Co (I) D(
County Attorney {p1.5.j..!13 YesD N o[] ~J.J-fd. i/~-Ox:Jbt - fnJt /lJftJ J..lJ
Comments: We.d'n iC...s ~r'Y\M\"T <i' ~D / t1'I Co\:\..c..<-\ 10 _ I? ~~
OMB Form Revised 2/27/01 MCP #2
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Prado Circle Stormwater Improvements
SECTION 00110
PROPOSAL FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET, ROOM 1-213
KEY WEST, FLORIDA 33040
BID FROM: CHARLEY TOPPINO & SONS, INC.
P.O. BOX 787
KDY ImO'3', rL JJ041
The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal,
and Addenda thereto and other Contract Documents for the construction of:
Prado Circle Stonnwater Improvements
Big Coppitt Key
Monroe County, Florida
and having carefully examined the site where the Work is to be perfonned, having become familiar with
all local conditions including labor affecting the cost thereof, and having familiarized himself with
material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting
perfonnance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools,
material, equipment, transportation services, and all incidentals necessary to perfonn and complete said
Work and work incidental hereto, in a workman-like manner, in confonnance with said Drawings,
Specifications, and other Contract Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where the Work is
to be perfonned, together with the local sources of supply and that he understands the conditions under
which the Work is to be perfonned. The successful bidder 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 infonnation provided and made available, and from
inspection and examination of the site.
TWO HUNDRED & NINETY FIVE THOUSAND, ONE HUNDRED & TWENTY
00/100 CENTS
dollars.
(Total Base Bid - words)
04/01/08
BID PROPOSAL
00110 - 2
00110-3a
MONROE COUNTY BID FORM
BID NO. BID-ENG-149-217-2008-PUR/CV
PRADO CIRCLE STORMW A TER IMPROVEMENTS BID FORM
Our LUMP SUM BID includes the total cost for the work in this Bid, consisting of
furnishing all materials, labor, equiprnent, supervision, rnobilization, overhead and profit
required for stormwater well improvernents and storm drainage structures on Prado
Circle in Big Coppitt Key in accordance with the Scope of Work and
Specification/Drawings.
Item 1.
Item 2.
Item 3.
For furnishing and installing all necessary materials, equipment, supplies and
all associated work including labor, excavation, installation, demolition,
salvaging, taxes, insurance, general bonds and administration, testing, start-up,
and all other miscellaneous costs, overhead warranties and profit for the items
associated with Section 00750 General Conditions.
LUMP SUM: $ 13,200.00
For Payment of the Public Construction Bond premium and consideration for
indemnification to Owner, and Engineer under Section 00850 Public
Construction Bond.
LUMP SUM: $ 5,880.00
For furnishing and installing all necessary materials, equipment, supplies and
all associated work including labor, excavation, installation, demolition,
salvaging, taxes, insurance, general bonds and administration, testing, start-up,
and all other miscellaneous costs, overhead warranties and profit for the items
associated with Sections 00900 to 01730, inclusive, which are not included in
other Bid Items.
LUMP SUM: $ 1,320.00
4/4/2008
00110-3a
BID
Prado Circle Stormwater
Item 4. For furnishing and installing all necessary materials, equipment, supplies and
all associated work including labor, excavation, installation, demolition,
salvaging, taxes, insurance, general bonds and administration, testing, start-up,
and all other miscellaneous costs, overhead warranties and profit for the items
associated with (Division 2, 11 and 15) Site Work, Equipment and
Mechanical).
LUMP SUM: $ 2.2. L!J (0 )0 ~O
Item 5. For furnishing and installing all necessary materials, equipment, supplies and
all associated work including labor, excavation, installation, demolition,
salvaging, taxes, insurance, general bonds and administration, testing, start-up,
and all other miscellaneous costs, overhead warranties and profit for the items
associated with (Division 16) Electrical.
LUMP SUM: $ SOl oSO. 00
/
TOTAL LUMP SUM BID (ITEMS 1 THROUGH 5)
$.Zi5) 120.00
,'wo ).h.~d{ecl <r;!l;Y'lelj F.Yelho~F~e.I+lll'lc\Yecl <G':,lWe~)tl DD))C\VS
Written Amount oojlOO CeNj ts
FIRM'S NAME (prinh>r Type): C Ie-, C:I v-\ ell.2..f?- f" VI 0 <r' ~ 5/ tYl C
SIGNATURE: (j), ,.
TITLE/PRINTED NAME: -{i k T eS; deY1
ADDRESS: "PO, \bOx 7"07 y(e~ Wes-r;- EL ')'70t..,/{
TELEPHONE NUMBER: . 2 q Co 5i 0 (0 F~: 2C) Co 5J 09
4/4/2008
BID
00110-3b
Prado Circle Storm water Improvements
I acknowledge receipt of Addenda No.(s) 16 fL. / .
I have included pa,ges 2 through 9 of the Bid Proposa~i h entails the Proposal Fonn V , the required
Bid Secutjty~, the Non-Collusion Affidavit_, and the Lobbying and Conflict of Interest
Clause~. In addition, I have included a certified copy of Contractor's License.
(The above is intended as a courtesy review checklist of the required bid items. However, it does
not imply that these are the only items needed. There may be additional requirements not listed
here that are listed in other sections ofthe Project Manual. It is the Contractors responsibility to
provide all required bid items.)
Mailing Address:
Ch8l1ey Topplno & Sons, Inc
P.O. Box 787
~::S~1
'2 CjCp Sl;' 0 G
Signed 1if~ (? ~~
ROVlk S-roPP;V10
(Name) TT
hes,~~t-
Phone Number:
Date:
~co
Witness:
(Title)
~/l4L
(Seal) - r
04/01/08
BID PROPOSAL
0011 0 - 4
.,
Prado Circle Stonnwater Improvements
SECTION 00110
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Charley Toppino & Sons, Inc. , 8 1/2 Rockland Key, Key West, FL 33040
(HOl'e Insort full namo and addrOB$ or logal title of Contractor)
as Principal, hereinafter called the Principal, and Arch Insurance Company. One Liherty Plaza, New York, NY 1000/1
(Here wert full n~mc and address or legal tile of Surety)
a corporation duly organized under the laws of the State of Missouri
Monroe County Purchasing Office, 1100 Simonton St, Key
as Surety, hereinafter called the Surety, arc held and finnly bound unto West, FL
(Hero Insert full name and address or legal title orOwner)
as Obligee, nereinafter called the Obligee, in the sum of 5% of Bid Proposal Submitted
DolInra ($- - - ';Oln - - - - - - - - )
,
for the paymvnt of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly by
these presents.
WHEREAS, the Principal has submitted a bid for Prado Circle Stonnwater Improvement, - Proj, ENG-149-217-2008
(Here insert 1\111 name. addnlss and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enler a
Contract with the Obligee in accordance with the tenns of such bid, and give such bond or bonds as may
be specified in the bidding or Contract documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof. or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and
void, otherwise to remain in full force and effect.
~~
(Witness) !
May
.2008
~.<<>> -
(Witnes ~
Charley Toppino & Sons, Inc.
(Principal) /J
~~V~
(Tltle) eS j d e Y\T
(Seal)
(Seal)
Willi L. Parker, Attorney in Fact & FL Resident Agent
04/01108
BID PROPOSAL
00110 - 5
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State ofMis$ouJi. having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Charles W. Ball, William F. Kleis, William L. Parker, Davor I. Mimica and Ileana M. Bauza of Miami, FL (EACH)
ils 1JUe and taWfiif ~sF-iO-F~to make, execute~ seal. and delNetfrom the date of issuance offhis power for and
on its behalf as si.ritv, and as its aCt and deed:
Any and all bonds and undertaf<irlQ$
EXcePTION: .. NO AlJTHORt1Y Is 9~ to make. execute. seal IllJUf.~ bonds.or undertaldJ}tJ$that g~ the
pa~<<-CdJEicllon Of anyp~ ~ Gheck. draft or lEJtter.otcredtl ~
ThiS auIborily. doe$ not permit 1he same obligation to be spfit into two or more bonds in order to bring eachsucb .bond
WiIffin ~..~ 1imftofauthOrily.8$set forth ftetein.
The.eompany may ~ 1hfs appaWmeot at anytime.
The wceouUonof~..boJJds andundertakJngs in ~dj;..~f~~$htJU be as bmdIng' upontbe said
G~.\1uIJy_ amply ~ alllnterlt$ ~ ptJrpose$,(r&1f u.MnG.~ ~dUJy ~ end acknowteclQed by Its
regtll8tly~OfftCetsattts~CJffit:8inKansas CitY. ~~' '.:" . .... '"
j< .--t.',-,. I ,:" _"_ ,~j ~ .
This.Pow<< ofAttomey it exeGUtedbydlority of resofutiotl&'~ bY unanimoUs CDlsent oftt>>. Boem..of ~ of
the..Cempanyon t.4ard1.a. 2003. true.andaccurat& copies.ofwbJcharebeminaft.ersetforth and are hBteby.certified to.by
the ~ Secfay asf:lelng In full force and effect:
'VQTB).That... ChQmElg.d-'. 8oanJ.. th$ President. or lilY Vic&~. tbelr appoIntees.~ in wdIin9
and.fiIed .wfththe ~ or 1le.~.shatJ have tbe powet.and.autbority to apJlOlnt agerd$ .ancl'~
and to euthorf.te1hem to 8Xecufeon behalf of the Company. and attacb.1Je seaJ of the Company 1hereto, bom;ts and
um:fertaJdngs'" ~ ~ofJnGlemnity anct.ofher.~. o~ iO the ~.~. and.$RY$YCh
offleers offhe Company may 8PJXJint,agenf$:for acceptance of ~.
This .Pawer. -of AUorney is sfgO~, Seated and certified by facS1mIe UJ1der and by authority of ihe fOllowIng resolution
adopted by the unanimous consentoffhe8oI;Bd..of Directors of the Company on Marett 3.2003:
VOTED. 'That ff$ ~ of th$ Chafnnan of the f3()ar(;f. 1he ~.or any Vice Pre$tdent. or thEW appoio~
designated in writing and fifedwlth the SeaetaI Y. and the signature of .1be Secr9tary. the seato! the Company, and
certifications by the Secretary. may bf> affixed by facsinile on any.power afEittomey or bond exeecUd pyrsuant to the
resolution adOpted by th$ SoarttofDlrectors on March 3, 2003. and any such power. so executed, seaJed and certified
with respect to any bond or 1.Jfldeftakiog to which it is attached. shalloontfnuefO be vatid and binding opon the Company.
OOMLOO13 00 03 03
Page 1 of 2
PrInted In U.S.A.
Prado Circle Storm water Improvements
SECTION 00110
Bidder's Insurance Statement
The Insurance requirements are set forth as follows:
Insurance ReQuirement
Limits
Worker's Compensation
Employers Liability
WC2
Statutory Limits
$500,000/$500,000/$500,000
General Liability
GL2
$250,000 per Person; $500,000 per
Occurrence;
$50,000 Property Damage or
$500,000 Combined Single Limit
Vehicle Liability
VL2
$100,000 per Person; $300,000 per
Occurrence; $50,000 Property Damage or
$300,000 Combined Single Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of these requirements.
Charley Topplno & Sons, Inc
P.O. Box 787
Ke~ West, FL 33041
305 296-5606
Name of Bus ness)
si:1~C7~~I~
04/01/08
BID PROPOSAL
00110 - 6
A CORDlII CERTIFICATE OF LIABILITY INSURANCE / DATE(MMIDOIYYYY)
1/18/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION
Seitlin ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9800 NK 41 Street, Suite '300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kiami PL 33178 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
(305) 591-0090 (305) 593-6993
INSURERS AFFORDING COVERAGE HAlC #
INSURED INSURER A:. SeaBriaht Insurance Com:canv
Charley Toppino ~ Sons, Inc. ~ INSURER B: Westchester Suro1us Lines InB 10172
Frank P. Toppino, as Qualifier National. Casual tv ComJ:lanv 11991
P.O. Box 787 INSURER C:
Key West FL 33041 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~= ~~~ TVDJ: ~ POLICY NUMBER POlICY EFFECTIVE POlICY EXPtRA TION UMITS
~NERAL LlABIUTY I ~i;RRENCE $ 1 ^^" ^^^
B ~ COMMERCIAl GENERAL LIABILITY 022037407002 2/2/2007 5/19/2008 P I $ 50,000
- =:J' ClAIMS MADE [i] OCCUR MED EX? /Any one """""'I $ 5,000
- PERSONAl & AnV INJURY $ 1,000,000
X Contractual Liab GENERAl AGGREGATE $ 2,000,000
nN'l AGGREr7j UMIT nS PER: PRODUCTS - COMP,QP AGG $ 2,000,000
POLICY x~.9; LOC
~OMOBlLE LlABLITY COM8INED SINGLE UMlT $
C At<< AUTO CAOO196848 2/2/2007 5/19/2008 (Ea acc:kI8nt) 1,000,000
-
- ALL OWNED AUTOS BOOIL Y INJURY
(Per peI$OIl) $
~ SCHEDUlED AUTOS
- HIRED AUTOS BODILY INJURY
(Per acddent) $
- NON-OVVNED AUTOS
PROPERTY DAMAGE $
(Per acddent)
~GE LIABILITY AUTO ONLY - EAACCIDENT $
At<< AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
:::i:JCESSNMBREUA UA8IUTY EACH OCCURRENCE $ 5,000,000
B X OCCUR D CLAIMS MADE 022037419002 2/2/2007 5/19/2008 AGGREGATE $ 5,000,000
$
~ DEDUCTIBLE $
X RETENTION $ 10,000 $
A WORKERS COMPENSATION AND BB1060373 5/19/2007 5/19/2008 X I TWi~Jru"?f~ I 10~
EMPLOYERS'LlA8ILITY E.L EACH AcaDENT $ 1,000,000
NN PROPRIETORIPARTNERlEXECUTlVE
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000
~1~~'Mr~~Vl~NS below E.L. DISEASE - POLICY UMIT $ 1,000,000
OTHER
DESCRIPTIOH OF OPERATIONS f LOCATIONS f VEHICLES f EXCLUSIONS ADDEO BY ENDORSEMENT f SPECIAL PROVISIONS
PROOF OF INSURANCE ONLY - SUBJECT TO THK TERXS, CONDITIONS, AND EXCLUSIONS OF THK POLICY.
CERTIFICATE HOLDER
CANCELLATION
SHOULD AIf'( OF THE ABOVE DESCRBED POLICES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL 2L DAYS WRITTEN
MONROB COUNTY BOARD OF COUNTY NOTICE TO THE CERTFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
COJOIISSIONERS
1100 SIMONTON STRBBT IMPOSE NO OBLIGATION OR LIABILITY OF AIf'( KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
lCBY WEST PL 33040 AUTHORIZEO REPRESENTATIVE y&.. 6!J2
I
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
Prado Circle Storm water Improvements
SECTION 00110
NON-COLLUSION AFFIDAVIT
F=L
of the firm of
the bidder making the Proposal for the project described in the notice tI
Prado Circle Stormwater Improvements
Big Coppitt Key
Monroe County, Florida
and that I executed the said proposal with full authority to do so;
2.
the prices in this bid have been arrived at independently without collusion, consultation, communication or
agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor;
3.
unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and
4.
no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5.
the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said
project.
4~G~
'5 L22J) 0 <(J
{ I
(Signature of Bidder)
(Date)
STATE OF:
FlaY-I do
, //\1 0\1 Y'O ~
COUNTY OF:
---
PERSONALLY APPEARED BEFORE ME, the undersigned authority, \-...rc
(name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided a
2. ~ day of (YI Q.'j ,20~
k \?\O
~\n 0
ve on this
My commission expires:
RONALD J. ARMSTRONG
MY COMMISSION # DD 452420
ES: August 19, 2009
Bonded Thru Notary Public Underwrrters
04/01/08
BID PROPOSAL
00110 - 7
Prado Circle Storm water Improvements
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Charley Topplno & Sons, Inc
P.O. Box 787
Key- West, FL 33041
(305) 296-5606
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee".
(Signature)
Date:
F) 0('\ c\~
on tJe
Subscribed and sworn to (or affirmed) before me on S 2'3 (date) by
B- clnr, k S ~ wn Q=, of ,ffiMt)~ ,"..=o.,lIy kno~ to m,", h" pmd",'" ~
as identification. (type of identification)
STATE OF:
COUNTY OF:
~.~
'~~'&"" RONALD J. ARMSTRONG
!.'f"-J;;.~ MY COMMISSION # DD 452420
~:-~.~J EXPIRES: August 19, 2009
'~.IIl',,\l\" ~~ ,,,.. NolaryPtbllcUndelwritels
My commission expires:
04/0 l/08
BID PROPOSAL
00 110 - 8
Prado Circle Stormwater Improvements
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida ~~T-8~phtbe&y s8"~l'n~at:
P.<5. Box 787
K9~ West, FL 33041
(Name of Business) 305) 296-5606
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law ofthe United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
6t~(!J ~
o<b
END OF SECTION 00110
04/01/08
BID PROPOSAL
00 11 0 - 9
Prado Circle Stormwater Improvements
ARTICLE V
BIDDING PROCEDURE
5.1 FORM AND STYLE OF BIDS
A. The Bid Proposal shall be submitted on the fonns included in Section 00110 of these Bidding
Documents with the exception of the Bid Bond, which may be submitted in alternate fonns as
described in Section 5.3 - B of these Instructions to Bidders. Each of the fonns in Section
00110 must be properly filled out, executed, and submitted as the Bid Proposal.
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B.
C.
1.
Bidders shall photocopy documents included in the Bid Package as being required for
submission of Bids.
2.
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 perfonn
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.
3.
All fonns contained in Section 00 II 0 - Bid Proposal must be fully completed and
submitted as part of the Bid Proposal.
The Bidder is required to submit a copy of the appropriate Contractor's license and
proof that he is properly licensed to conduct business in Monroe County as part of the
Bid Proposal.
All blanks on the Bid Fonn shall be filled in with ink or by typewriter.
Where so indicated on the Bid Fonn, sums shall be expressed in both words and figures, and
in case of discrepancy between the two, the amount written in words shall govern.
All Bidders must submit copies of their Contractor's license with their Bid.
In order to detennine if persons submitting bids are responsible, all Bids must contain the
following infonnation:
I) A list of the person's shareholders with five (5) percent 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;
2) A list of the officers and directors of the person;
3) The number of years the person has been operating and, if different, the number of
years it has been providing the services, goods, or construction services called for in the Bid.
4) The number of years the person has operated under its present name and any prior
names;
4/01/08
5) Answers to the following questions regarding claims and suits:
INSTRUCTIONS TO BIDDERS
00100-3
Prado Circle Stormwater Imorovements
i) Has the person ever failed to complete work or provide the goods for which it
has contracted? (If yes, provide details.)
ii) Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, or its officers or general partners? (If yes, provide details.)
iii) Has the person, within the last five (5) years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services similar to
those requested in the specifications? (If yes, provide details.)
iv) Has the person ever initiated litigation against the county or been sued by the
county in connection with a contract to provide services, goods or construction services? (If
yes, provide details.)
v) Whether, within the last five (5) years, an officer, general partner, controlling
shareholder or major creditor of the person was an officer, general partner, controlling
shareholder or major creditor of any other entity that failed to perfonn services or furnish
goods similar to those sought in the request for bids;
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V
Customer references;
Credit references; and
List Subcontractors.
F. Any interlineations, alteration, or erasure must be initialed by the signer ofthe Bid.
G. All requested Alternates shall be bid. Ifno change in the Base Bid is required, enter "No
Change". Failure to comply shall constitute a non-responsive bid.
H. All requested Allowances shall be bid. Failure to comply shall constitute a non-responsive
bid.
1. All requested Owner Options shall be bid. Failure to comply shall constitute a non-responsive
bid.
5.2 ADDENDA
A. Each Bidder shall ascertain prior to submitting his Bid that he has received all Addenda
issued, and he shall acknowledge their receipt in his Bid.
B. No Addenda will be issued later than seven (7) calendar days prior to the date for receipt of
Bids except for an Addendum withdrawing the request for Bids or one which includes
postponement of the date for receipt of Bids.
C. Copies of Addenda will be made available for inspection wherever Bidding Documents are on
file for that purpose.
5.3 BID SECURITY
A. Any Bid in excess of one-hundred-fifty thousand ($150,000) shall be accompanied by a Bid
Security made payable to Monroe County, in the amount of five percent of the Bidder's
maximum Bid price. No Bid Security is required on Bids of one hundred fifty thousand
dollars ($150,000) or less.
B. Each Bid shall be accompanied by a Bid Security made payable to Monroe County, in the
amount of five (5) percent of the Bidder's maximum Bid price. The Bid Security shall be in
the fonn of a certified check cashiers check or a Bid Bond issued by a surety meeting the
4/01/08
INSTRUCTIONS TO BIDDERS
00100-4
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CHARLEY TOPPINO & SONS, INC.
P.O. BOX 787
KEY WEST, FL 33041 305 296-5606
SHAREHOLDERS:
FRANK TOPPINO
EDWARD TOPPINO, SR
DANIEL P. TOPPINO
EDWARD TOPPINO, JR
PAUL E. TOPPINO
RICHARD TOPPINO
KEY EMPLOYEES:
NELSON JAMARDO
RONALDJ.ARMSTRONG
REY MARTINEZ
LEO MONTIEL
JOSE GUDALARAMA
CLINT KUHNS
RIC GAGE
PRESIDENT
SECRETARY/TREASURER
ASSISTANT SECRETARY
ESTIMATOR
ESTIMATOR
CONCRETE PLANT MANAGER
FACILITIES MANAGER
PROJECT/SAFETY MANAGER
PROJECT ENGINEER
PROJECT SUPERINTENDENT
PROJECT SUPERINTENDENT
PROJECT FOREMAN
SA TCH PLANT SUPERVISOR
CHARLEY TOPPINO & SONS, INC.
P.O. BOX 787
KEY WEST, FL 33041 305 296-5606
PAST PROJECTS
E. ':?) '1
Please note: Frank P. Toppino and Edward Toppino, Sr., president and Secretaryrrreasurer for
CHARLEY TOPPINO & SONS, INC. has been involved, supervised, estimated and overseen the
following projects. Paul E. Toppino and Edward Toppino, Jr. have also estimated and been involved
in many of the following projects. Mr. Frank P. Toppino and Mr. Edward Toppino have been in the
construction business for over 60 years each. Toppino's Inc., incorporated for 21 years, had its
name change to CHARLEY TOPPINO & SONS, INC. 3 years ago.
ti:i,"<?l:fj?i"'~
t'f~tSl__'1iSUj
P.O. BOX 1409
KEY WEST, FL 33040
305 292-8195
SCOPE OF WORK: STORM DRAINAGE, INJECTIONS WELLS, SIDEWALKS, CURBS,
FOUNDATIONS, PIER REPAIR, LANDSCAPING & MAINTENANCE, ROADWORK, ASPHALT.
PROJECTS:
RIGHT OF WAY MAINTENANCE: 1998-2007 $2,352,000
CONCRETE PLACEMENT- 2002,2005,2007 $2,400,000
WHITE STREET PIER REPAIR $ 88,000
STAPLES AVE BRIDGE $ 81,000
HOCKEY RINK $ 50,000
KAMIEN SUBDIVISION $1,656,000
SOUTHERNMOST POINT REHABILITATION $ 73,000
GENERAL SERVICES CON. 1998-2000 $4,000,000
GENERAL SERVICES CON. 2002, 2005 $2,000,000
GENERAL SERVICES CON. 2007 $2,000,000
GRAVITY INJECTION WELLS: PHASE I $4,800,000
GRAVITY INJECTION WELLS: PHASE II $2,236,000
JOSE MARTI VEG REMOVAL I DRAINAGE $ 90,000
SMATHERS BEACH LANDSCAPING $ 100,000
DONALD AVE DRAINAGE SWALE $ 61,000
HURRICANE GEORGES CLEANUP $ 431,000
MITIGATION FLOW PROJECT $2,100,000
HARBOR WALK KW BIGHT $3,040,000
DINGY DOCKS 2001 $ 104,000
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND NO
BOND YES
BOND NO
BOND NO
BOND YES
BOND YES
BOND YES
~;l1".~'~~~
1100 SIMONTON STREET
KEY WEST, FL 33040
305 292-4426
SCOPE OF WORK: SITE WORK, STORM DRAINAGE, INJECTIONS WELLS, SIDEWALKS,
CURBS, LANDSCAPING, ROADWORK, ASPHALT, PLAYGROUNDS.
PROJECTS:
PALM AVE ROADWAY
WILHELMINA PARK
MARATHON AIRPORT T AXILANES, T HANGER DEV.
MARATHON AIRPORT SERVICE ROAD
KW INTN AIRPORT: EXOTIC VEGETATION REMOVE
KW INTN AIRPORT: PARKING LOTS
BIG COPPITT PARK
BIG PINE BASIN FILL IN AND DEMO
MARATHON AIRPORT APRONS
. ,";,~, J~~ :;,!l ~:rr~1~~!J~~'l-~\':..j;'I'I;Y)~W~1~~l,:,~iLiJ.~
605 Suwannee Street
Tallahassee, FL 32399-0450
$ 931,000
$ 145,000
$2,366,000
$ 688,000
$ 192,000
$ 531,000
$ 860,242
$ 904,943
$ 376,344
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
BOND YES
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
INJECTIONS WELLS, SIDEWALKS, CURBS, ROADWORK, ASPHALT, HURRICANE CLEANUP,
RIP-RAP INSTALL,
TRUMAN AVE PROJECT:
BIG COPPITT BIKE PATH:
EMERGENCY ROAD REPAIRS, HURR WILMA:
HURRICANE GEORGES ROAD REPAIRS:
KNIGHTS KEY
BIG COPPITT BOAT RAMP & SPANISH HARBOR:
BIKE PATH SADDLE BUNCH KEYS
BOCA CHICA SEAGRASS MITIGATION
.. -.jJ' ..J....- ('I'r '
~ii' ",;".::r~'tu -I ~~, \ ';
$10,500,000
$ 480,000
$ 185,000
$ 52,000
$ 373,000
$ 500,000
$ 450,000
$ 1,352,930
BOND YES
BOND YES
BOND NO
BOND NO
BOND YES
BOND NO
BOND YES
BOND YES
11223 PHilLIPS PARKWAY DR EAST
JACKSONVillE, Fl 32256-15274
KEY WEST PHONE: 305 295-8819
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
INJECTIONS WELLS, SIDEWALKS, CURBS, ROADWORK, ASPHALT.
PROJECTS:
CONTROL TOWER, BOCA CHICA NAS
WEATHER STATION, KEY WEST
NAVAL RESEARCH LAB
4~)_:~.-},!'f~tV-~~QUAD~~~
1100 KENNEDY DRIVE
KEY WEST, Fl 33040
305 296-2454
$832,000
$366,000
$100,000
BOND YES
BOND YES
BOND NO
SCOPE OF WORK: SITE WORK, STORM DRAINAGE, SIDEWALKS, CURBS, ROADWORK,
ASPHALT, STEEL BUILDING, WATER MAINS, DEMOLITION.
PROJECTS:
FKAA CONSTRUCTION YARD BUILDING
PUMP STATION
BIG COPPITT WASTE WATER SYSTEM
DEMO WATER TANKS, BIG COPPITT
$682,000
$377,555
$9,738,000
$ 55,000
BOND YES
BOND YES
BOND YES
BOND YES
~) ,:!:-,.~ri."iI;~-jc'),"lm':DS
. ~ M.~MF~~~~~
P.O. BOX 668307
POMPANO BEACH, FL 33066
954 583-5115
SCOPE OF WORK: SITE WORK, STORM DRAINAGE, SANITARY SEWER, WATER MAINS,
INJECTIONS WELLS, SIDEWALKS, CURBS, ROADWORK, PARKING LOTS, ASPHALT.
PROJECTS:
ROOSEVELT GARDENS HOUSING PROJECT
$1,256,000
BOND
YES
; '. ~ .-.: :~I~~~<<~l,\f-~~-~lliri~-I(~1~
970 WEST MCNAB ROAD
FORT LAUDERDALE, FL 33309
954 974-7744
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
WATER MAINS, INJECTIONS WELLS, SIDEWALKS, CURBS, ROADWORK, PARKING LOTS,
ASPHAL T.
PROJECTS:
MERIDIAN WEST APARTMENTS
$1,700,000
BOND
YES
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
WATER MAINS, INJECTIONS WELLS, GAS LINES, SIDEWALKS, CURBS, ROADWORK,
PARKING LOTS, ASPHALT.
PROJECTS:
KEY WEST HIGH SCHOOL REPLACEMENT: PHASES 1, 2, 3 $633,000 BOND YES
POINCIANA ELEMENTARY SCHOOL: $2,240,000 BOND YES
5959 BLUE LAGOON DR
STE 200
MIAMI, FL 33126
SCOPE OF WORK: SITE WORK, DEMOLITION, FILL, CONCRETE FLATWORK, COLUMNS,
RETAINING WALLS, CURBS, ROADWORK, PARKING LOTS, ASPHALT.
PROJECTS:
SUGARLOAF ELEMENTARY SCHOOL:
BEACHSIDE CONDOS
$2,300,000 BOND YES
$2,665,000 BOND YES
ih\it:M
~JfP..!:F,-,.i
. ~ - (ij~~(~:rt~1~,~ ::<c)~~1 T~;J(!-!~\~' .','
201 FRONT STREET
Key West, Florida 33040
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
WATER MAINS, INJECTIONS WELLS, GAS LINES, SIDEWALKS, CURBS, ROADWORK,
PARKING LOTS, ASPHALT.
PROJECTS:
PARK VILLAGE
MARQUESA COURT
KEY COVE LANDINGS
$ 317,000 BOND NO
$ 405,000 BOND NO
$ 675,000 BOND NO
DJJ
;.~", IT -'!I ~Y/;. \~~ l'\ II r~F
12209 S. DIXIE HWY
MIAMI, FL 33156
SCOPE OF WORK: STORM DRAINAGE, INJECTIONS WELLS, ROAD BASE.
PROJECTS:
SOUTH ROOSEVELT BLVD. REHAB
$1,507,000.00
BOND NO
;ij,.,,-)"~':it.!ft~b~n
iA;~1:.i, _
6574 PALMER CIRCLE
SARASOTA, FL 34238
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
WATER MAINS, INJECTIONS WELLS, GAS LINES, SIDEWALKS, CURBS, ROADWORK,
PARKING LOTS, ASPHALT.
PROJECTS:
HOMELAND SECURITY, KEY WEST
KEY WEST INTERNATIONAL AIRPORT
SANTA MARIA HOTEL
COUCH HARBOR
ATLANTIC SHORES DEMO & SITEWORK
$ 231,600.00
$ 724,000.00
$ 225,000.00
$ 210,000.00
$1,011,000.00
BOND NO
BOND NO
BOND NO
BOND NO
BOND NO
1-2~~:..::>~:;uKDav.::di!:'b'DCD~A"in~~" \ilWfl! - C!
...... ...,;~~~$.Q~~;.E:R
215 CENTURY 21 DRIVE
JACKSONVILLE, FL 32216
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
WATER MAINS, INJECTIONS WELLS, GAS LINES, SIDEWALKS, CURBS, ROADWORK,
PARKING LOTS, ASPHALT.
PROJECTS:
REPAIR BASE OPERATIONS, BOCA CHICA $601,000
ELLISON DRIVE, TRUMBO POINT $ 116,000
BEQ, TRUMAN ANNEX $ 70,000
JIAFT EAST WAREHOUSE $462,000
e'~ ',: :Tf~ -:.J ~
~....~ .,.....:L_.~~ ~
BOND NO
BOND NO
BOND NO
BOND NO
3275 SUNTREE BLVD
MELBOURNE, FL 32940
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
WATER MAINS, INJECTIONS WELLS, GAS LINES, SIDEWALKS, CURBS, ROADWORK,
PARK1NG LOTS, ASPHALT.
PROJECTS:
ECO DISCOVERY CENTER
BOCA CHICA FITTNESS CENTER
MARINA BY PASS ROAD, BOCA
TACTS BUILDING, BOCA CHICA
NANCY FOSTER ENVIRONMENTAL CTR
BLDG. # 324 PARKING
$ 50,000
$ 36,000
$348,000
$ 32,000
$541,000
$93,000
BOND NO
BOND NO
BOND NO
BOND NO
BOND NO
BOND NO
5800 LAKEWOOD RANCH BLVD.
SARASOTA, FL 34240
SCOPE OF WORK: SITE WORK, DEMOLITION, STORM DRAINAGE, SANITARY SEWER,
WATER MAINS, INJECTIONS WELLS, GAS LINES, SIDEWALKS, CURBS, ROADWORK,
PARKING LOTS, ASPHALT.
STEAM PLANT CONDOS
THE MEADOWS, KEY WEST
$1,332,000.00
$ 145,000.00
BOND YES
BOND NO
CHARLEY TOPPINO & SONS, INC.
P.O. BOX 787
KEY WEST, FL 33041 305 296-5606
Answer to questions E 5: i), ii), iii), iv), v): NO
Answer to question E 6: Customer references
City of Key West
Monroe County
Florida Keys Aqueduct Authority
Florida Department of Transportation
Answer to question E 7: Credit References
PITTS ENGINE, MIAMI, FL
FERGUSON ENTERPRISES, POMPANO BEACH, FL
US PRECAST, MEDLY, FL
Answer to questions E 8, LIST OF SUBCONTRACTORS: NONE
Prado Circle Stormwater Improvements
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as ofthe
day of
in the year of Two Thousand and
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 1100 Simonton Street
Key West, Florida 33040
and the Contractor: Charley Toppino & Sons, Inc.
P.O. Box 787
Key West, Florida 33041
For the following Project: Prado Circle Stormwater Improvements
Big Coppitt Key, Monroe County, Florida
Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by
the drawings and specifications, which are a part of this bid package.
Oversight for Owner is:
Monroe County Engineering Division
1100 Simonton Street
Second Floor- Room 2-216
Key West, Florida 33040
The Engineer is:
Camp Dresser & McKee Inc.
800 Brickell Avenue, Suite 500
Miami, Florida 33131
The Owner and Contractor agree as set forth below.
4A)IAJ8 STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCDNIRACfOR (rev08)
00500 -1
Prado Circle Stonnwater Improvements
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary 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 fonn 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.
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 as specified in the Project Manual for this project, Section 00300. The
contract constitutes the entire and exclusive agreement between the Owner and the Contractor
with reference to the Prado Circle Stormwater Improvements.
ARTICLE 3
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, through the Construction Manager, in writing not less than five days before commencing the
Work. The date of commencement shall be the date specified in the Notice to proceed, issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty (60) Days after
the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document.
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 Construction Manager's signature of approval on the Certificate of Substantial
Completion. The liquidated damages table below shall be utilized to detennine the amount of liquidated damages.
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-$99,999.00
$100,000.00-499,999.00
$500,000.0 and Up
FIRST
15 DAYS
$50.00/DA Y
100.00/DAY
200.00/DA Y
500.00/DAY
SECOND
15 DAYS
$lOO.OO/DAY
200.00/DAY
500.00/DAY
I ,OOO.OO/DA Y
31ST DAY &
THEREAFTER
$250.00/DA Y
750.00/DA Y
2,000.00/DA Y
3,500.00/DA Y
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.
4D1J08 STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCDNIRACfOR (rev08)
00500 - 2
Prado Circle Stonnwater Improvements
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's perfonnance of the Contract the
Contract, for Prado Circle Stormwater Improvements the sum of Two Hundred and Ninety-Five Thousand
One Hundred and Twenty ($295.120.00) Dollars. 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: None
4.3
Unit prices, if any, are as follows:
As specified in Bid Proposal (Section 00110).
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project
Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on
account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of
the month, or as follows:
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70.
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 fonn 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.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as detennined by
multiplying the percentage completion of each portion of the Wark by the share of the total Contract Sum
allocated to that portion of the Work in the Schedule of Values, less retainage ofTen percent (10%).
Pending [mal detennination 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 Construction Manager. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be fIgured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of
Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
4DW8 STANDARD FORM OF AGREEMENfBEIWEENOWNERANDCONIRACTOR (rev08)
00500 - 3
Prado Circle Stonnwater Improvements
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or
nullified a Certificate for Payment 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:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends
and the Architect determines for incomplete Work and unsettled claims; and
5.7.2 Add, iffmal 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
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 nonconfonning Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a fmal Project Certificate for
Payment has been issued by the Owner: such final payment shall be made by the Owner not more than 20 days after
the issuance of the fmal Project Certificate for Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 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:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
7.4 Monroe County's perfonnance and obligation to pay under this contract is contingent upon an 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 tennination of this Agreement and recovery of all monies paid hereto, and may
result in debannent 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 fonnally 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.
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.
4DltD8 STANDARD FORM OF AGREEMENTBEIWEENOWNERANDOONIRACfOR (rev08)
00:00 -4
Prado Circle Stormwater Improvements
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 of36 months from the date of being placed on the convicted vendor list.
7.6 The following items arepart of this contract:
a) Maintenance of Records Contractor shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. 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 pmposes during the tenn of
the Agreement and for four 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, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03; FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and to be perfonned
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 will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to
arbitration.
c) Severability: If any tenn, 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 tenns, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining tenn, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent pennitted 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 refonn the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award
against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.
e) Binding Effect: The tenns, 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.
t) Authority: Each party represents and warrants to the other that the execution, delivery and
perfonnance of this Agreement have been duly authorized by all necessary County and corporate action, as required
by law.
g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
h) Nondiscrimination: County and Contractor agree that there will be no discrimination against
any person, and it is expressly understood that upon a detennination 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. County or Contractor agree to comply with all Federal and Florida
4OltD8
STANDARD FORM OF AGREEMENTBEIWEENOWNERANDCDNIRACfOR (rev08)
??:oo - 5
Prado Circle Stormwater Improvements
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of 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 patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, 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.
i) 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 perfonnance under
this Agreement, and that only interest of each is to perfonn and receive benefits as recited in this Agreement.
j) 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.
k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
1) Public Access: The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
m) 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 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.
n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the perfonnance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties.
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation
or responsibility imposed upon the entity by law except to the extent of actual and timely perfonnance thereof by
any participating entity, in which case the perfonnance may be offered in satisfaction of the obligation or
401;08 STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCDNIRACfOR (rev08)
00500 - 6
Prado Circle Stormwater Improvements
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.
p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the tenns, or
any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the County and the Contractor agree that neither the County
nor the Contractor or any agent, officer, or employee of either shall have the authority to infonn, 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.
q) Attestations: Contractor agrees to execute such documents as the County may reasonably require,
to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
r) 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.
s) 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 singing any such counterpart.
t) Section Headings: Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will
not be used in the interpretation of any provision of this Agreement.
u) Special Conditions, if any are detailed in Section 01000 of the Proj ect Manual for this
Project.
v) Hold Harmless: The Contractor covenants and agrees to indemnify and hold hannless Monroe
County Board of County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of the
Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses resulting from such delay.
The first ten 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 this agreement.
w) Adjunction of Disputes or Disagreements: The Owner and Contractor agree that all disputes
and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at public meeting of the Board of County Commissioners. 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 provision does not negate or waive the provisions of Paragraph
X concerning cancellation.
x) 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.
401108 STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCDNIRACfOR (rev08)
00500 - 7
Prado Circle Stonnwater Improvements
y) Cooperation: In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, perfonnance, 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 shall be required to enter into any arbitration
proceedings related to this Agreement.
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.
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 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.
ARTICLE 8
Termination or Suspension
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
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Fonn of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
April 2008. and are as follows:
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.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
Camp Dresser & McKee Inc. March 2008 construction drawings
Sheets: G-I, C-I, C-2, CD-I, M-l sealed and dated 3/31/08; Sheets E-l, E-2, E-3, E-4 sealed and dated 3/28/08.
4t)L08 STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCONIRACTOR (rev08)
00500 - 8
Prado Circle Stormwater Improvements
9.1.6 The Addenda, ifany, are as follows:
Addendum No.
I
2
Date
May 2, 2008
May 23, 2008
Pages
I
I
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.
9.1. 7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County
Bid Form in Section 00110.
This Agreement is entered into as of the day and year first written above and is executed in at least four original
copies of which one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use
in the administration of the Contract, and the remainder to the Owner
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By
Mayor
Date
(SEAL)
:'" iLll:jltD
Title: Ass ;.i:tCXvl t ~cVe~Jy Title:
I
CONTRACTOR C~ d ~ )e:l.. l; p PI'V) 0
, s=r' -~YJS) ~ h ~
By: ~th (l~
Wes\~ +
END OF SECTION 00500
4Ql1OO STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCDNIRACIOR (revOO)
??::oo - 9