Resolution 319-1983 County Commission
RESOLUTION NO. 319 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A CONTRACT BY AND BETWEEN MONROE COUNTY ,
FLORIDA, AND CHARLEY TOPPINO & SONS , INC. FOR PAVING
AND GRADING IMPROVEMENTS TO FRONT STREET, STOCK
ISLAND .
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows :
That the Mayor and Chairman of the Board of County
Commissioners of Monroe County, Florida, is hereby authorized to
execute a Contract by and between the Monroe County, Florida, and
Charley Toppino & Sons , Inc . , a copy of same being attached
hereto , for paving and grading improvements to Front Street,
Stock Island .
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 23 - day of November, A.D . 1983 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By La:AtioiLvAA,;ta 4 teibLorne
Mayor/Chairman
(Seal)
Althti L. KOLHAGE, Clerk
• ."Pis 0 .0.
Clerk
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APPROVED AS TO FORM
A D AL SUFFICIENCY.
BY
Attorney's Office
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CONTRACT
. THIS 'AGREEMENT, made and entered into .this /3 44 day of 0G70 ��z. ,
19., A.D., by and between Monroe County, Florida, party of the first part (hereinafter
. • sometimes' called' the "Owner"), and Charley Toppino & Sons , Inc. 1
1 party of the second part (hereinafter sometimes called the "Contractor").
- . WITNESSETH: That the parties hereto,' for the consideration hereinafter set .forth,
mutually agree as follows: .
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,� ARTICLE 1 SCOPE OF THE WORK
'4 The Contractor . shall furnish all labor, materials, equipment, machinery, tools, •
- apparatus, and transportation and perform all of the work shown:on the Drawings and •
• described in the Specification entitled:
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• PAVING, GRADING & DRAINAGE IMPROVEMENTS . . '
FRONT STREET. .
STOCK ISLAND - •
• MONROE COUNTY,
• • as.prepared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in the Contract ' .
. Documents entitled the Owner's Engineer, .and, shall do everything required by this
Contract and the other Contract Documents.
•
! ARTICLE 2 THE CONTRAC`I' SUM
The Owner shall pay to the Contractor for•the faithful performance of the Contract;
in lawful money of the United States, and subject to addition and deductions as provided
�. in the Contract Documents, as:follows:. . . •
''' • Based upon the price shown in the Proposal heretofore submitted to the Owner by •
the•Contractor,-a copy of.said Proposal being a .part of these Contract Documents, the
aggregate amount of this Contract is the sum of
Twentynine thousand six hundred fiftyfour.Dollars
_ Dollars ($
and 10/lUU
ARTICLE 3 COMMENCEMENT AND'COMPLEI'ION OF WORK
a. . The Contractor shall' commence Work within 10 calendar days after. •
receipt of Notice to Proceed. • -
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a b. The Contractor shall prosecute the work with faithfulness and diligence
and shall complete the work for beneficial use not later than 180 calendar .days after •
, • receipt of Notice to Proceed.
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• IE-1 401-002.31.
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ARTICLE 4 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
The Contractor hereby agrees that he has carefully examined the surface of the site
and has made sufficient test holes, or .other. subsurface investigations to fully satisfy
himself that such site is a correct and suitable one for this work and he assumes full
responsibility therefore. The provisions of this Contract shall control any inconsistent
1 provisions contained in the specifications. All Drawings and Specifications have been read
and carefully considered by the.Contractor, who understands the same and agrees to their
sufficiency for the work to be done. It is expressly agreed that under no circumstances,
conditions or situations shall this Contract be more strongly construed against the Owner
than against the Contractor and his Surety.
•
Any ambiguity or uncertainty in the Drawings or Specifications shall be,interpreted
and construed by the Owner's Engineer and his decision shall be final and binding upon all
parties.
•
1 . It is distinctly understood and agreed that the passing, approval and/or acceptance
of any part of the work or material by the 'Owner, his Engineer, or by any agent or
representative as in compliance with the terms of this Contract and/or of the Drawings,
and Specifications covering said work, shall'not operate as a waiver by the Owner of strict •
compliance with the terms of this Contract; and/or the Drawings and Specifications
covering said work; and the Owner may'require the Contractor and/or his surety to repair, •
Ireplace, restore and/or make to comply strictly and in all things with this Contract and
the Drawings and Specifications any and all of said work and/or materials which within a
period of one •year from and after the date of the passing, approval, and/or acceptance of
any such work or material, are found to be defective or to fail in any way to comply with
this Contract or with the Drawings and Specifications. This provision shall not. apply to
materials or equipment normally expected to deteriorate or wear out and become subject
to normal repair and replacement before their condition is discovered. The Contractor
shall not be required to do normal maintenance work under the guarantee provisions.
Failure on the part of the. Contractor and/or his Surety, immediately. after Notice to
either, to repair or replace any such defective materials, and workmanship shall entitle the
Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such
replacement and/or repair from the Contractor and/or his surety, .who shall in any event .
be jointly and severally liable to the Owner for all damage, loss and expense caused to the -
Owner by reason of the Contractor's breach of this Contract and/or his failure to comply '
strictly and in all things with this Contract and with the Drawings and Specifications.
• ARTICLE 5 LIQUIDATED DAMAGES
• a. It is mutually agreed that time is of the essence of this Contract and should
the Contractor fail to complete the work within the specified time, or any authorized
extension thereof, there shall be deducted'from the compensation otherwise to be paid to '
the Contractor, and the Owner will retain the amount of Two Hundred Dollars 1$200.00.
per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing
, beyond the specified time for completion or any authorized extension thereof, which sum •
shall represent the actual damages which the Owner will have sustained by failure of the
Contractor to complete the work within the specified time; it being further agreed that
said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner
in the event of such default by the Contractor. •
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• IE-2 401-002.15K
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b: For the purposes of this Article, the day of final acceptance of the work
shall be considered a day of delay, and the scheduled day of completion of the work shall
li,,, be considered a day scheduled for production.
ARTICLE 6 PARTIAL AND FINAL PAYMENTS •
In accordance. with the provisions fully set forth. in the General Conditions, and
subject to additions and deductions as provided, the Owner shall pay the Contractor as
follows:
a. Within 30 days after receipt of the Contractor's request for partial
payment by the Owner, the Owner shall make partial payments to the Contractor, on the
basis of the estimate of work as approved by the Owner's Engineer, for work performed
during the preceding calendar month, less ten percent (10%) of the amount of such
estimate which is to be retained by the Owner until all work has been performed strictly
71 in accordance with this Agreement and until such work.has been accepted by the Owner.
b. Upon submission by the Contractor of evidence satisfactory to the
Owner that all payrolls, material bills 'and other costs incurred' by the ' Contractor in
. connection with the construction of the work have been paid in full, and also, after all
guarantees that may be required in the specifications have been furnished and are found
acceptable by the Owner, final payment on account, of this Agreement shall be made
4 . within sixty (60) days after completion by the Contractor of all work covered by this
Agreement and acceptance of such work by the Owner. •
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ARTICLE 7 ADDITIONAL BOND
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It is further mutually agreed between the parties hereto that if, 'at any time after
the execution of this Agreement and the Contract Bond hereto attached for its faithful
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performance, the Owner shall deem the surety or sureties upon such bond to be I
unsatisfactory, or if, for any reason, such •.bond ceases to be adequate to cover the
performance of the Work, the Contractor shall, at his expense, and within three days after '
the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such
form-and amount, and with such sureties as shall be satisfactory to the Owner. In such
event, no further payment to the Contractor shall be deemed due under this Agreement
ti until such new or, additional security for the faithful performance of the work shall be
furnished in manner and form satisfactory to the Owner.
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401-002.31
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ARTICLE 8 CONTRACT DOCUMENTS •
The Contract Documents, as slated in the Instructions to Bidders and attached
hereto, are as fully a part of this Contract as if herein repeated: An enumeration of the
Drawings accompanying these Contract Documents follows:
• Sheet No. Title
_ 1 Cover Sheet
2-7 Plan and Profile Sheets
•
8 Details
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a
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1E-4 401-002.31 •
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written in three (3) counterparts, each of which shall, without proof
or accounting for the other counterparts, be deemed an original Contract.*
Approved as to correctness of form: Board of County Commissioners
Monroe County, Florida
Party of the First Part
• By: a0,
li '
Attorney for Monroe County, F1 r•da Chairman
Attest:DANNY L. KOLHAGE, Clerk •
74,3 . . ,
`I ' ch Pu.A.A.A.48.eal)
I `M
ihro4lerk . of
S the Board of
County Commissioners
Signed, Sealed and Witnessed in the presence of:**
Charley Toppino & Sons , Inc.
Party of the Second Part
' Title
Attest:
(Sea) „~' ; _.
{ (*) In the event that the Contractor is a Corporation, there shall be attached to each
counterpart a certified copy of a resolution of the Board of Directors of the
I Corporation, authorizing the officer who signs the Contract to do so in its behalf. .
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:;j:.,..',.., (**) Two witnessess are required when Contractor is sole ownership or partnership.
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IE-5 401-002.31
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111111
CHARLEY TOPPINO & SONS, INC.
P.O. Box 787• KEY WEST, FLORIDA 33040•(305)296-5606
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CERTIFICATE
STATE OF FLORIDA) •
ss
COUNTY OF MONROE)
I HEREBY CERTIFY that a meeting of the Board of Directors of
CHARLEY TOPPINO & SONS, INC. , a corporation under the laws of
the State of Florida, was held on October 12, 1983 and the
following resolution was duly passed and adopted:
RESOLVED, that Frank P. Toppino as President of the •
corporation, be and he is hereby authorized to execute
the Contract dated To 3 Ii 13 , 1983,
between MONROE COUNTY, FLORIDA, and this corporation,
and that his execution thereof, attested by the Secretary
of the, corporation and with corporate seal affixed, shall
be the official act and deed of this corporation.
I further certify that said resolution is now in full force
and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the officialseal of the corporation this /77 day of
CJGTO 2Rfr :1983. .
Secretar
•
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QUALITY PRODUCTS FOR OVER 50 YEARS
• PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That we.. CHARLEY TOPPINO & SONS; INC. •
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Post Office Box 787, •Key West, Florida • 33040 . • .
•
hereinafter called the Principal and. . .. SEABOARD. SURETY COMPANY
a corporation organized and •existing under the laws of the-State of . .. . ... NEW..YORK ... , with its principal
offices in the City of . New York ... . ......,• hereinafter called the Surety, are held and firmly bound unto
BOARD OF COUNTY •COMMISSIONERS OF MONROE COUNTY, FLORIDA
hereinafter balled the Obligee for use of the Obligee and all persons doing work or furnishing skill, tools, machinery,
supplies or materials under or.for the purpose of the,contract•hereinafter referred to, in the full and just sum of
TWENTY-NINE .THOUSAND, SIX HUNDRED FIFTY—FOUR AND . 1QL10Q•
(S • 29,65.4-. 10 , ) in lawful money of the. United States of,America to be paid to the Obligee, its successors
•
•and assigns, to which payment well and ttuly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
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WHEREAS, the.principal has entered into a Contract with the Obligee dated •October 13, 1983 ,
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• PAVING, GRADING AND DRAINAGE IMPROVEMENTS, FRONT STREET, STOCK ISLAND.
fur.. .... .-...
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MONROE COUNTY, FLORIDA
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WHEREAS, it is one of the conditions of the award by, the Obligee.pursuant.to which the.Contract hereinabove 1
referred to was entered into that these presents shall- be'executed:
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NOW. THEREFORE. the conditions of this obligation are such that if the Principal shall in all respects fully
comply with the terms and conditions of said Contract and his obligations thereunder, including the specifications, -
- , proposals and plans therein referred to and made a part thereof, and such alterations as may be made on.such plans =-
and specifications as thereon provided fur. and shall indemnify and save harmless the Obligee against or from all
costs, expenses, damages. injury or loss to which the Obligee may be subjected by reason of any wrongdoing, mis-
conduct. want of care or skill. negligence. or default, including patent infringement on the part of the Principal,' his
agents. employees, or sub-contractors. in- the execution or performance of said Contract and shall promptly pay all
• just claims for injury to persons or damage to property and for all work done. or skill, tools or machinery, supplies,
labor and materials furnished and debts incurred by the Principal or Principal's Sub-Contractors, in or about the
performance of the work contracted for. this obligation to be voided.
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And the Surety. for valu,. received. hereby stipulates and agrees that no change, extension of time, or alteration
or addition to the terms of the contract or the work to be performed thereunder, or the specifications accompanying
same shall in any wise allect its obligatiote on this bond, and it does hereby waive notice of any such change, ex-
tension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
This bond shall be for the use of the Obligee• and all persons doing work or furnishing skill, tools, machinery
or materials under or fur the purposes of the contract hereinabove referred to.
IN WITNESS WHEREOF, the Principal and the Surety have caused these presents to be duly signed and
sealed in Jacksonville, Florida : this 13th day.of QC1.Rk:2T 198.3 .
WITNESS:
CHARLEY TOPPINO & SONS, - INC. (SEAL)
•
0., --;--t-I.--)-
. . • . . ��FS/l.'7dt Title
• - SEABOARD SURETY- COMPANY (SEAL)
(BUietr
Attorne A?set
. A. B. Lynch, Jr...; Licensed Resid.91c
Agent
'.-_.' ..I..- I,.\A., ' 'V Al.•/A. i t/V I A.L I7.1\ A
8 9 3 0 NEW YORK, NEW Yore:
No: � .
• . POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State
,f New York, has made, constituted and appointed and by these presents does make, constitute and appoint • A.B. Lynch, J
or Tom S. Lobrano, III
'f Jacksonville , Florida
y+is true and la ul Attorney-in-Fact, to make, execute and deliver on its behalf insurance olicies, surety bonds, under-
akings and other instruments of similar nature as follows:Any and all bonds, undpertakings, recogni-
ances and other written obligations in the nature thereof; and any and all conse
equired by the Department of Transportation, State of Florida, incident to the
elease of retained percentages and/or final estimates. Without Limitations.
;uch insurance•policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
lttorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
,f the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
iven, are hereby ratified and confirmed.
'his appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corn-
any on December Sth. 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
RTICLE VII, SECTION 1:
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
-isurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and
ther writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary,
Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair-
ian of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may
om time to time determine:
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
N WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one ofitshVice-
residents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this t
t)` of May , 19 8 0
UBEryc SEABOARD SURETY COMPANY,
aj . 't oy,
1527 = . • By
�- argaret Scofield Thomas P. Gorke
4^r If['i�o Assistant Secretary Vice-President
TA1 OF NEW YORK '
DUTY OF NEW YORK ss..:
T7 -
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n this 2 Qtki day of May , 19 80 , before me personally appeared
Thomas..P.....Gor.ke a Vice-President of SEABOARD SURETY COMPANY,'
ith whom 1 am personally acquainted, who, being by me duly sworn, said that he resides in the State of x ;
at he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore-
iing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate
al; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
-esident of said Company by like authority.
"5 -r 4bo tate of New York.
rlo. 41-9010912 Qualified in Queens County
� � certificate filed in New York County
e' ommission Expires March 30, 1984 Samuel C. Simmons
.‘!,3t `4
Pe3�`C. Notary Public
CERTIFICATE •
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which
e foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President
to executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in
rticle VII, Section 1, of the By-Laws of SEABOARD•SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA-
JARD SURETY COMPANY at a meeting duly called and held on the 28th day of lune 1978.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary
on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII, Section
1, of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, underwriting
undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually
affixed and made, hereby is authorized and approved."
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,I WITNESS WHEREOF, I have'hereunto set my hand and affixed the corporate seal of the Company to these presents this
13th day of October 19 83
' Assistant Secr ary
Form 957 ( _v.447