HomeMy WebLinkAbout07/15/2015 Agreement AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
DATE: September 10, 2015
TO: Don DeGraw,
Director of Airports
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller Crny nO d$077
At the July 15, 2015, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Items C10 Bid award and contract with Charley Toppino & Sons, Inc.
(Toppino's) for drainage reconstruction at Key West International Airport(KWIA).
Enclosed is a duplicate original executed on behalf of Monroe County,for your handling Should you
have any questions,please feel free to contact me.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
CONTRACT
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKAI58
CONTRACT
SECTION A- PUBLIC CONSTRUCTION BOND 11-3
SECTION B -CERTIFICATE OF OWNER'S ATTORNEY(N/A) 11-14
SECTION C -ACKNOWLEDGMENT FOR CHANGE ORDERS 11-15
SECTION D -CONTRACT 11-16
CONTRACT II-2
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA158
SECTION A
PUBLIC CONSTRUCTION BOND
By this Bond, We Charley Toppino & Sons. Inc. , as Principal, whose
principal business address is US Highway 1. MM 8.5 Rockland Key, Key West. FL, as corporation, Hanove
Insurance Company, as Surety, are bound to Monroe County hereinafter called County, in
the sum of U.S. Dollars $294, 602.75 (Minimum 100% of total bid amount) for
payment which we bind ourselves, our heirs, personal representatives, successors, and assigns,
jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated, 2015 between Principal and County for construction of
Drainage Reconstruction the Contract being made a part of this Bond by reference, at the
times and in the manner prescribed in the Contract.
2. Promptly make 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, which is made a part of this bond by
reference, and in the times and in the manner prescribed in the Contract; and
3. Pays the County all losses, damages, expenses, costs and attorney's fees, including
appellate proceedings, that County sustains because of a failure by Principal under the Contract;
and
4. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this Bond is void; otherwise it remains in full force.
This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or
under the Contract Documents and compliance or non-compliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation under this
Bond.
Bond of contractor constructing public buildings; form; action by material men (Florida
Statues-Section 255.05)
(1)(a) Any person entering into a formal contract with the state or any county, city, or
political subdivision thereof, or other public authority or private entity, for the
construction of a public building, for the prosecution and completion of a public work, or for
repairs upon a public building or public work shall be required, before commencing
CONTRACT 11-3
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA 158
the work or before recommencing the work after a default or abandonment, to execute, deliver to
the public owner, and record in the public records of the county where the improvement is
located, a payment and performance bond with a surety insurer authorized to do
business in this state as surety. A public entity may not require a contractor to secure a
surety bond under this section from a specific agent or bonding company. The bond must state on
its front page: the name, principal business address, and phone number of the contractor, the
surety, the owner of the property being improved, and, if different from the owner, the
contracting public entity; the contract number assigned by the contracting public entity;
and a description of the project sufficient to identify it, such as a legal description or the street
address of the property being improved, and a general description of the improvement. Such bond
shall be conditioned upon the contractor's performance of the construction work in the time and
manner prescribed in the contract and promptly making payments to all persons defined in s.
713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the
contract. Any claimant may apply to the governmental entity having charge of the work for copies
of the contract and bond and shall thereupon be furnished with a certified copy of the contract and
bond. The claimant shall have a right of action against the contractor and surety for the
amount due him or her, including unpaid finance charges due under the claimant's contract.
Such action shall not involve the public authority in any expense. At the discretion of the official
or board awarding such contract when such work is done for any county, city, political
subdivision, or public authority, any person entering into such a contract which is for$200,000 or
less may be exempted from executing the payment and performance bond. In the event
such exemption is granted, the officer or officials shall not be personally liable to persons
suffering loss because of granting such exemption. Any provision in a payment bond furnished for
public work contracts as provided by this subsection which restricts the classes of persons as
defined in s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is
unenforceable.
(b) The Department of Management Services shall adopt rules with respect to all
contracts for$200,000 or less, to provide:
1. Procedures for retaining up to 10 percent of each request for payment submitted by a
contractor and procedures for determining disbursements from the amount retained on a pro
rata basis to laborers, material men, and subcontractors, as defined ins. 713.01.
2. Procedures for requiring certification from laborers, material men, and subcontractors, as
defined in s. 713.01, prior to final payment to the contractor that such laborers, material men, and
subcontractors have no claims against the contractor resulting from the completion of the work
provided for in the contract.
The state shall not be held liable to any laborer, material man, or subcontractor for any amounts
greater than the pro rata share as determined under this section.
(c)1. The amount of the bond shall equal the contract price, except that for a contract in excess of
$250 million, if the state, county, municipality, political subdivision, or other public entity finds
that a bond in the amount of the contract price is not reasonably available, the public owner
shall set the amount of the bond at the largest amount reasonably available, but not less than
$250 million.
2. For construction-management or design-build contracts, if the public owner does not include in
the bond amount the cost of design or other non-construction services, the bond may not be
CONTRACT 11-4
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Monroe County
Drainage Reconstruction
Project No.GAKA158
conditioned on performance of such services or payment to persons furnishing such services.
Notwithstanding paragraph (a), such a bond may exclude persons furnishing such services
from the classes of persons protected by the bond.
(2)(a)1 . If a claimant is no longer furnishing labor, services, or materials on a project, a contractor
or the contractors agent or attorney may elect to shorten the prescribed time in this paragraph
within which an action to enforce any claim against a payment bond provided pursuant to this
section may be commenced by recording in the clerk's office a notice in substantially the following
form:
NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND
To: (Name and address of claimant)
You are notified that the undersigned contests your notice of nonpayment, dated
, and served on the undersigned on
, and that the time within which you may file suit to
enforce your claim is limited to 60 days after the date of service of this notice.
DATED on
Signed: (Contractor or Attorney)
The claim of any claimant upon whom such notice is served and who fails to institute a suit to
enforce his or her claim against the payment bond within 60 days after service of such notice shall
be extinguished automatically. The clerk shall mail a copy of the notice of contest to the claimant
at the address shown in the notice of nonpayment or most
CONTRACT II-5
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKAI58
recent amendment thereto and shall certify to such service on the face of such notice and
record the notice. Service is complete upon mailing.
2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing
or not later than 45 days after commencing to furnish labor, services, or materials for the
prosecution of the work, furnish the contractor with a written notice that he or she intends to look
to the bond for protection. A claimant who is not in privity with the contractor and who has not
received payment for his or her labor, services, or materials shall deliver to the
contractor and to the surety written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment. The notice of nonpayment may be served at any
time during the progress of the work or thereafter but not before 45 days after the first furnishing
of labor, services, or materials, and not later than 90 days after the final furnishing of the labor,
services, or materials by the claimant or, with respect to rental equipment, not later than 90
days after the date that the rental equipment was last on the job site available for use.
Any notice of nonpayment served by a claimant who is not in privity with the contractor which
includes sums for retainage must specify the portion of the amount claimed for retainage. No
action for the labor, materials, or supplies may be instituted against the contractor or the surety
unless both notices have been given. Notices required or permitted under this section may be
served in accordance with s. 713.18. A claimant may not waive in advance his or her right
to bring an action under the bond against the surety. In any action brought to enforce a
claim against a payment bond under this section, the prevailing party is entitled to recover
a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration,
in an amount to be determined by the court, which fee must be taxed as part of the
prew...... ., party's costs, as allowed in equitable actions. The time periods for service of a notice
prevailing
of nonpayment or for bringing an action against a contractor or a surety shall be measured
from the last day of furnishing labor, services, or materials by the claimant and shall not be
measured by other standards, such as the issuance of a certificate of occupancy or the issuance
of a certificate of substantial completion.
(b) When a person is required to execute a waiver of his or her right to make a claim against the
payment bond in exchange for, or to induce payment of, a progress payment, the waiver
may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)
The undersigned, in consideration of the sum of$ , hereby waives its right to claim
against the payment bond for labor, services, or materials furnished through (insert date)to(insert
the name of your customer) on the job of(insert the name of the owner), for improvements to the
following described project:
(description of project)
This waiver does not cover any retention or any labor, services, or materials furnished after the date
specified.
CONTRACT 1I-6
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Monroe County
Drainage Reconstruction
Project No. GAKA158
DATED ON
(Claimant)
By:
(c) When a person is required to execute a waiver of his or her right to make a claim against the
payment bond, in exchange for, or to induce payment of, the final payment, the waiver may be in
substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND (FINAL PAYMENT)
The undersigned, in consideration of the final payment in the amount of$ hereby
waives its right to claim against the payment bond for labor, services, or materials furnished to
(insert the name of your customer) on the job of(insert the name of the owner), for improvements to
the following described project:
0
(description of project)
DATED ON ,
(Claimant)
By:
(d) A person may not require a claimant to furnish a waiver that is different from the forms in
paragraphs (b) and (c).
(e) A claimant who executes a waiver in exchange for a check may condition the waiver on
payment of the check.
CONTRACT 11-7
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA158
(f)A waiver that is not substantially similar to the forms in this subsection is enforceable in
accordance with its terms.
(3)The bond required in subsection (1) may be in substantially the following form: PUBLIC
CONSTRUCTION BOND
Bond No. (enter bond number)
BY THIS BOND, We , as Principal and , a corporation, as Surety, are
bound to , herein called Owner, in the sum of$ , for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns,jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , between Principal and Owner for
construction of , 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, that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
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 bond.
DATED ON •
(Name of Principal)
By(As Attorney in Fact)
(Name of Surety)
(4) The payment bond provisions of all bonds required by subsection (1) shall be
construed and deemed statutory payment bonds furnished pursuant to this section and such
bonds shall not under any circumstances be converted into common law bonds.
CONTRACT 11-8
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKAI S8
(5)In addition to the provisions of chapter 47, any action authorized under this section may be
brought in the county in which the public building or public work is being constructed or
repaired. This subsection shall not apply to an action instituted prior to May 17, 1977.
(6)AII payment bond forms used by a public owner and all payment bonds executed pursuant to
this section by a surety shall make reference to this section by number and shall contain reference
to the notice and time limitation provisions in subsection (2).
(7)In lieu of the bond required by this section, a contractor may file with the state, county,
city, or other political authority an alternative form of security in the form of cash, a money order, a
certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in
part II of chapter 625. Any such alternative form of security shall be for the same purpose
and be subject to the same conditions as those applicable to the bond required by this
section. The determination of the value of an alternative form of security shall be made by the
appropriate state, county, city, or other political subdivision.
(8)When a contractor has furnished a payment bond pursuant to this section, he or she may,
when the state, county, municipality, political subdivision, or other public authority makes any
payment to the contractor or directly to a claimant, serve a written demand on any claimant
who is not in privity with the contractor for a written statement under oath of his or her account
showing the nature of the labor or services performed and to be performed, if any; the materials
furnished; the materials to be furnished, if known; the amount paid on account to date; the
amount due; and the amount to become due, if known, as of the date of the statement by the
claimant.Any such demand to a claimant who is not in privity with the contractor must be served
on the claimant at the address and to the attention of any person who is designated to
receive the demand in the notice to contractor served by the claimant. The failure or
refusal to furnish the statement does not deprive the claimant of his or her rights under
the bond if the demand is not served at the address of the claimant or directed to the attention of
the person designated to receive the demand in the notice to contractor. The failure to
furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent
statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or
fraudulent statement, of his or her rights under the bond. If the contractor serves more than one
demand for statement of account on a claimant and none of the information regarding the
account has changed since the claimant's last response to a demand, the failure or refusal to
furnish such statement does not deprive the claimant of his or her rights under the bond. The
negligent inclusion or omission of any information deprives the claimant of his or her rights
under the bond to the extent that the contractor can demonstrate prejudice from such act
or omission by the claimant. The failure to furnish a response to a demand for statement of
account does not affect the validity of any claim on the bond being enforced in a lawsuit filed
before the date the demand for statement of account is received by the claimant.
(9)On any public works project for which the public authority requires a performance and
payment bond, suits at law and in equity may be brought and maintained by and against the
public authority on any contract claim arising from breach of an express provision or an implied
covenant of a written agreement or a written directive issued by the public authority pursuant to
the written agreement. In any such suit, the public authority and the contractor shall have all
of the same rights and obligations as a private person under a like contract except that no
liability may be based on an oral modification of either the written contract or written
directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its
CONTRACT II-9
•
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA 158
political subdivisions from equitable claims and equitable remedies. The provisions of this
subsection shall apply only to contracts entered into on or after July 1, 1999.
(10) An action, except an action for recovery of retainage, must be instituted against the
contractor or the surety on the payment bond or the payment provisions of a combined payment
and performance bond within 1 year after the performance of the labor or completion of delivery of
the materials or supplies. An action for recovery of retainage must be instituted against the
contractor or the surety within 1 year after the performance of the labor or completion of
delivery of the materials or supplies; however, such an action may not be instituted until one of the
following conditions is satisfied:
(a)The public entity has paid out the claimant's retainage to the contractor, and the time provided
under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired;
(b)The claimant has completed all work required under its contract and 70 days have passed
since the contractor sent its final payment request to the public entity; or
(c)At least 160 days have passed since reaching substantial completion of the
construction services purchased, as defined in the contract, or if not defined in the contract,
since reaching beneficial occupancy or use of the project.
(d)The claimant has asked the contractor, in writing, for any of the following information and the
contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of
the request:
1. Whether the project has reached substantial completion, as that term is defined in the
contract, or if not defined in the contract, if beneficial occupancy or use of the project has
occurred.
2. Whether the contractor has received payment of the claimant's retainage, and if so, the
date the retainage was received by the contractor.
3. Whether the contractor has sent its final payment request to the public entity, and if so,
the date on which the final payment request was sent.
If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph
(d) is satisfied and an action for recovery of retainage cannot be instituted within the 1-year
limitation period set forth in this subsection, this limitation period shall be extended until 120
days after one of these conditions is satisfied.
CONTRACT 11-10
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA l58
Principal agrees to record this Bond in the Official Records for Monroe County before
the commencement of the work subject of this Bond.
Dated on: April 10, 2015
PRINCIPAL: Charley Toppino & Sons, Inc.
Address: US Highway 1. MM 8.5 Rockland Key, Key West, FL
By:
As Attorney-in-Fact
SURETY: The Hanover Insurance Company
Address: 440 Lincoln Street. Worcester, MA 01653
Claims against this Bond are subject to the notice and time provisions set forth in Section
255.05, Florida Statutes.
In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall
provide to the County a hundred (100) percent Performance Bond and a hundred (100) percent
Labor and Material Payment Bond each in an amount not less than the total construction cost.
To be acceptable to the County as Surety for Performance Bonds and Labor and Material
Payment Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority,
issued by the State of Florida, Department of Insurance, authorizing it to write
surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certificate of Authority
issued by the United States Department of Treasury under Sections 9304 to
9308 of Title 31 of the United States Code.
3. The Surety Company shall be in full compliance with the provisions of the
Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and
capital required by the Florida Insurance Code at the time the invitation to
bid is issued.
CONTRACT II-11
. Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA 158
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BYTHESEPRESENTB ThSITHEHMIOVER INSURANCE COMPANY and MASSACHUSETTSBAY INSURANCE COMPANY.both being
corporations organized and existing under the laws of the Slate of New Hampshire.and CITIZENS INSURANCE COMPANY OE AMERICA.a corporation
organized end existing under the laws of Ne Stale of Michgan.do hereby constitute and appoint
Charles C.Ball.Beans M.Gauze,William F.Kiel*,Dakar I.Mbnka and/or William L.Parker
of Miami,FL and each Is a true and lawful Altomey(s)N-ktl to sign.womb,seal,a* M4edge and clothier for.
and on Its behalf.and as its act and deed anyplace'within the Untied Slates or,If the following tine be Med tn,oily reign the area therein designated
any and all bonds.recagnbances.undertakings,contracts of Indemnity or otherwrllings ablgatory In the nabre thereof,as bMws:
Any such oblgaticns In the United States,not to exceed Twenty Million end No1100($10,000,000)In any single instance
and said companies herebyntlly and cannon all end whatsoever said Albrney(C-In-fact may lawfully do in Oa premises by virtue or these presents
These apalntmentsere made under end by authority of the following RosoNlln passed by Me Bard of Olradms of said Companies vett resolutions
are sell In effect
REsoLVEO.Tint the flYIMntWYly vice President.In conjunction wen anyVka Prescient Wend wry eahenpeta d1eeardempaeeesmop0FI
enomeysih lads the Conway,Hits lame and se W ace,to stresie a 1YWwwedge bend W gMYIas Surety w eanastardy Iaegreancas,
cpwysdmdemdty,waNne of Swan and a nWrwnYrya Wigwag In the wise looser.WN pMrs Woe Margo the afdrmeCemosee My such
waist'soe ooMd W such.Wonwys5Jxl MO he as Wane upon the Cornisenyestrewyeadbeendukeilenilik and acbnewldoed gibe rpulny
sects ol4ere of we Compd.In tier con proper person..(Adopted October>,1981-Tins Wnovn WUMre ConpMiv.AdWbd Aped le,1082-
Mnaechuxtte Bey insurance CengSny.Moped September 7.2001-Mears Inweence Compare of wine )
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY, MASSACHUSETTS SAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with Neer respective corporate seals,duty attested by two Via Presidents,
this 2Sth day of November 2011. THE HANOVER INSURANCE COMPANY
MASSACH RAY INSURANCE COMPANY
CITI2ENS�CPANV OF AMERICA
shvCE wr `•, ' f
�r' sea Robert may Vice President
—
THE COMMONWEALTH OF MASSACHUSETTS ) Vice
COUNTY OF WORCESTER )es.
On this nil,day of November 2011 Sian me cemethe above named Mee Presidents of The Hanover Insurance Company,Meta Auselb Bay Insurance
Company and Gleans Instance Company of Am eda,to me personally know In be the indkiduals anti oMcan described harem,and acknowledged that the
seals affixed to the preceding Instrument art the ebporale seals of The Hanover Insurance Company.Massachusetts Bay Insurance Company end Caton
hlnsur Insurance Company
Co the yil of ofA anddAmerica,respectively
and Corporations.
d corporate seals and lima signatures es officers were duly affixed end subscribed to said
/ ^ SAMMAAGAMld
Of 1�1 eaovewarta Mohr
paa.MWa[rya,l.da keny7O/'An./a (2 .t/J.2,d e4
A Garlick,Nolan Puac
My Commission Expires September 21,2018
I,the undersigned Vice President of The Hanover Insurance Company,MassaUtueeXs gay Insurance Company and Citizens Insurance Company of Mirka,
y certify Ma(the above and foregoing is a full.true and correct copy of the Orging Power of Attorney Issued by said Companies,and do hereby further
certify Ihe1 the said Powers of Attorney are still In force end effect.
This Certificate may be sgned by facsimile ander and by suthorlty of the billowing resolution of Me Board of Directors of T!le Hanover Insurance Company.
Massachusetts Bay Insurance Company end Citizens Insurance Company of America.
RESaVED.That anyone a powers dAl emeyer4CW edCeplescIstll Powers Aemmy and a.a1ca onIn respect neef Wantd.M aacuted
by the'smallest or any Vice PresIdent in cor$Mtlon with d Vice Presemor ice Company.mph be NnNpan the Caryany to Na same exist Gall al
Nnehas them wen',tenuity abed,even Mown more of any such LyaW NSW,may be s'sse(Mapped October t.Mel
Haws Insurance Company MWIadApa 141912.Haanhuselu Bay inewancetemperre Adapted SagsnWt.lfgl-timers imams Con aMN
America)
GIVEN under my hand and the seals of said Companies.at Worcester,MesachuseL .this I day of April 201i
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS
S INSURANCE
(COMPANY OF AMERICA
, µ
((YIn Margoelan.Vice President
•
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA 158
5. If the Contract Award Amount exceeds Five Hundred Thousand ($500,000),
the Surety Company shall also comply with the following provisions:
A. The Surety Company shall have at least the following minimum ratings in the
latest issue of Best's Key Rating Guide.
POLICYHOLDER'S REQUIRED
CONTRACT AMOUNT RATING FINANCIAL RATING
$ 500,000 TO 1,000,000 A- CLASS I
$1,000,000 TO 2,000,000 A- CLASS II
$2,000,000 TO 5,000,000 A- CLASS III
$5,000,000 TO 10,000,000 A- CLASS IV
$10,000,000 TO 25,000,000 A- CLASS V
$25,000,000 TO 50,000,000 A- CLASS VI
$50,000,000 TO 100,000,000 A- CLASS VII
$50,000,000 TO 100,000,000 A- CLASS VII
B. The Surety Company shall not expose itself to any loss on any one risk in an
amount exceeding ten (10) percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be
deducted in determining the limitation of the risk as prescribed in this
section. These minimum requirements shall apply to the reinsuring
carrier providing authorization or approval by the State of Florida,
Department of Insurance to do business in this state have been
------ met.
(b) In the case of the surety insurance company, in addition to the
deduction for reinsurance, the amount assumed by any co-surety, the
value of any security deposited, pledged or held subject to the
consent of the surety and for the protection of the surety shall be
deducted.
CONTRACT 11-13
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Project No. GAKA158
SECTION B
CERTIFICATE OF OWNER'S ATTORNEY
THIS SECTION IS NOT INCLUDED
CONTRACT 11-14
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA158
SECTION C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners, Key West, Florida
REF: Drainage Reconstruction Key West International Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the referred contract, the undersigned
acknowledges hereby that the following conditions are those for which change orders are
allowed under the Bid Law:
1 . Unusual and difficult circumstances which arose during the course of the
execution of the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new work for new money will work to the serious
detriment of the awarding authority.
3. Emergencies arising during the course of the work.
4. Changes or alterations provided for in the original bid and originals contract.
Charley Toppino & Sons, Inc.
Contractor
By: Attft-A., ✓" iL-1)1.•,.
Title: ties; C Y evlt
CONTRACT 11-15
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKAI58
SECTION D
CONTRACT TO
Drainage Reconstruction
Key West International Airport
THIS AGREEMENT made and entered into the 151h day of July. 2015
by and between Charley Toppino & Sons, Inc. Contractor, and the Monroe County Board of
Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated Instruction to
Bidders, Form of Proposal, General Provisions, Special Provisions, Technical
Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which
are attached hereto and made a part hereof, as if fully contained herein, for the
construction of:
Drainage Reconstruction
Key West International Airport
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall
fully complete the base bid hereunder within the calendar days shown below from
the Notice-to-Proceed (Construction) as per Special Provision No. 2. If other
additive bids are awarded the additional duration is also shown below.
Bid Element Duration (Days)
Base Bid 60
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of
the agreement, subject to additions and deductions as provided in the
specifications or proposal in lawful money of the United States as follows:
Approximately Two hundred ninety four thousand six hundred two & 75/100
Dollars 15 294,602.75) in accordance with lump sum and unit prices set forth
in the proposal.
4. On or before the 15th day of each calendar month, the second party shall make
partial payment to the Contractor on the basis of a duly certified and approved
CONTRACT II-16
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA I58
estimate of work performed during the preceding calendar month by the
Contractor, 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 in accordance
with this agreement.
5. 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, final payment on account of
this agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work
by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages, Special Provision No. 3, per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, which sum
shall represent the actual damages which the Owner will have sustained per day by
failure of the Contractor to complete the work within the time stipulated and this
sum is not a penalty being the stipulated damages the Owner will have
sustained in the event of such default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate
to cover the performance of the work, the Contractor shall, at its expense within
five (5) days after the receipt of notice from the Owner so to do, furnish an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment
to the Contractor shall be deemed to be due under this agreement until such new
or additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
8. 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 purposes during the term 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, Florida
Statutes, running from the date the monies were paid to Contractor.
CONTRACT 11-17
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA158
9. PUBLIC ACCESS. Pursuant to Florida Statute §119.0701, Contractor
and its subcontractors shall comply with all public records laws of the
State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily
would be required by Monroe County in the performance of this
Agreement.
(b) Provide the public with access to public records on the same
terms and conditions that Monroe County would provide the records
and at a cost that does not exceed the cost provided in Florida
Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed
except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at
no cost, to Monroe County all public records in possession of the
contractor upon termination of this Agreement and destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored
electronically must be provided to Monroe County in a format that is
compatible with the information technology systems of Monroe County.
10. HOLD HARMLESS AND INSURANCE: Notwithstanding any
minimum insurance requirements prescribed elsewhere in
this agreement, Contractor shall defend, indemnify and hold the
County and the County's elected and appointed officers and
employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any costs or expenses
(including, without limitation, costs of remediation and costs of
additional security measures that the Federal Aviation
Administration, the Transportation Security
Administration or any other governmental agency requires
by reason of, or in connection with a violation of any federal
law or regulation, attorneys' fees and costs, court costs, fines
and penalties) that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by
reason of, or in connection with, (A) any activity of
Contractor or any of its employees, agents, contractors or
other invitees on the Airport during the term of this Agreement, (B)
the negligence or willful misconduct of Contractor or any
of its employees, agents, contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the
extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or
sole negligent acts or omissions of the County or any of its
employees, agents, contractors or invitees (other than
CONTRACT 11-18
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA158
CONTRACTOR). Insofar as the claims, actions, causes
of action, litigation, proceedings, costs or expenses relate
to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of
this Agreement or any earlier termination of this Agreement.
In the event 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 ($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.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance
shall be provided to the COUNTY at the time of execution of this
Agreement and certified copies provided if requested. Each policy
certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY
before any policy or coverage is canceled or restricted. The
underwriter of such insurance shall be qualified to do business in the
State of Florida. If requested by the County Administrator, the
insurance coverage shall be primary insurance with respect to the
COUNTY, its officials, employees, agents and volunteers.
Failure of CONTRACTOR to comply with the requirements of
this section shall be cause for immediate termination of this
agreement.
11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of COUNTY and
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 Agreement entered into by the COUNTY be required to contain
any provision for waiver.
12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the
COUNTY'S credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that
it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this contract.
CONTRACT 11-19
•
Key West International Airport 03/I5
Monroe County
Drainage Reconstruction
Project No.GAKA 158
13. NOTICE REQUIREMENT: Any notice required or permitted
under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY
Director of Airports
3491 South Roosevelt Blvd.
Key West, Florida 33041
FOR CONTRACTOR:
Frank Toppino
President
Charley Toppino & Sons, Inc.
P.O. Box 787
Key West FL 33041
14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement
shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements 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 will lie in the appropriate court or
before the appropriate administrative body in Monroe COUNTY, Florida.
15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the
event of conflicting interpretations of the terms or a term of this
Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal
proceeding. 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.
16. 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
CONTRACT 11-20
• Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA158
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.
17. ATTORNEY'S FEES AND COSTS: 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 attomey's fees, in
appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing
party or not, through all levels of the court system.
18. 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 COUNTY and
CONTRACTOR. 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 a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to
the satisfaction of COUNTY and CONTRACTOR, then any party
shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
19. COOPERATION: In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution,
performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and
CONTRACTOR
specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and
CONTRACTOR and their respective legal representatives, successors, and
assigns.
21. 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.
CONTRACT 11-21
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKAI58
22. 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 performance
of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement
is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance
thereof by any participating 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.
24. 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 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.
25. 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.
26. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by
signing any such counterpart.
CONTRACT II-22
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKAI58
27. NON-DISCRIMINATION: Contractor agrees 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 terminates without any further
action on the part of any party, effective the date of the court order.
Contractor agrees 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 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 patient 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) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
CONTRACT 11-23
r
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No.GAKA158
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and
date first above written in two (2) counterparts, each of which shall, without proof or accounting
for the other counterpart, be deemed an original contract.
Charley Toppino & Sons, Inc.
(Contractor) (Monroe County Board of
g Commissioners)
By:
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Title: 6�%
President �
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WITNESS: V "�� �li �. i_ y0/' ' Si
STATE OF FLORIDA'
COUNTY OF I ' OYr` oe/ /
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I, thunders ned,aua °pity, a Notary Public in and for said Cou ndgt reby certify
that \YW.1 K Y' \ {t(n' whose name as MS. of
Charley Toppino & Sons, Irk.`is signed to the foregoing instrumen and who is known to me,
acknowledged before me on this day that being informed of the contents of the within
instrument, he, in his capacity as such, executed the same voluntarily on the date the same
bears date. //.�
Given under my hand and seal this K� day of _5 , 2015. 3 0 -*I
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CONTRACT -
EJCDC
ENGINEERS JOINT CONTRACT
DOCUMENTS coMnunce_ PERFORMANCE BOND
CONTRACTOR(Tame and address): SURETY(name and address of principal place of business):
CHARLEY TOPPINO&SONS,INC. The Hanover Insurance Company
P.O.BOX 787 440 Lincoln Street
KEY WEST, FL Worcester,MA 01653
33041
OWNER(name and address):MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON ST
KEY WEST,FL 33040
CONSTRUCTION CONTRACT
Effective Date of the Agreement:duly 15th, 2015
Amount:$294,602.75
Description (name and location): DRAINAGE RECONSTRUCTION KEY WEST INTERNATIONAL AIRPORT
KEY WEST,FL
BOND
Bond Number: 1018699
Date(not earlier than the Effective Date of the Agreement of the Construction Contract): July 29, 2015
Amount: $294,602.75
Modifications to this Bond Fenn: None See Paragraph 16
Surety and Contractor,intending to be legally bound hereby, subject to the terms set forth below,do each cause
this Performance Bond to be duly executed by an authorized officer,agent, or representative.
C0N'CRACT0R AS PRINCIPAL SURETY
CHAR;EYTOPP[NO&SONS,INC. The Han. :r Insurance Company
(seal) (seal)
Contractor's Name and Corporate Seal Surety' • e and C r.porate Seal
By: ki 0ti42.144ti' _ By:
Signature S.. attire(attach power of attorney)
\ oo? n a Jtilliam L. Parker
Print Name Print Name
9ie.i ��± Attorney in Fact& Florida Resident Agent
Title ^ Title
Attest: l ✓�. �. ) 'tom
Attest:
Signaujr-ee Sigma re
S \Gih� {el -/, secretary
Title Title
Notes:(1)Provide supplemental execution by any additional parties,such as join/venturers. (2)Any singular reference to
Contractor,Surety, Owner,or other party shall be considered plural where applicable.
L The Contractor and Surety, jointly and severally, bind assigns to the Owner for the performance of the Construction Contract,
themselves, their heirs, executors, administrators, successors, and which is incorporated herein by reference.
EJCDC C-610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
(00610)-Page 1
2. If the Contractor performs the Construction Contract, the Surety 5.4.1 After investigation, detennine the amount for
and the Contractor shall have no obligation under this Bond, except which it may be liable to the Owner and, as soon as
when applicable to participate in a conference as provided in practicable after the amount is determined,make payment to
Paragraph 3. the Owner;or
3. If there is no Owner Default under the Construction Contract,the 5.4.2 Deny liability in whole or in part and notify the
Surety's obligation under this Bond shall arise after: Owner,citing the reasons for denial.
3.1 The Owner first provides notice to the Contractor and 6. If the Surety does not proceed as provided in Paragraph 5 with
the Surety that the Owner is considering declaring a Contractor reasonable promptness, the Surety shall be deemed to be in default on
Default. Such notice shall indicate whether the Owner is this Bond seven days after receipt of an additional written notice from
requesting a conference among the Owner,Contractor,and Surety the Owner to the Surety demanding that the Surety perform its
to discuss the Contractor's performance. If the Owner does not obligations under this Bond,and the Owner shall be entitled to enforce
request a conference, the Surety may, within five (5) business any remedy available to the Owner. If the Surety proceeds as provided
days after receipt of the Owner's notice, request such a in Paragraph 5.4,and the Owner refuses the payment or the Surety has
conference. if the Surety timely requests a conference,the Owner denied liability, in whole or in part, without further notice the Owner
shall attend. Unless the Owner agrees otherwise,any conference shall be entitled to enforce any remedy available to the Owner.
requested under this Paragraph 3.1 shall be held within ten (10)
business days of the Surety's receipt of the Owner's notice. If the 7. If the Surety elects to act under Paragraph 5.1, 5,2, or 5.3, then
Owner, the Contractor,and the Surety agree, the Contractor shall the responsibilities of the Surety to the Owner shall not be greater than
be allowed a reasonable time to perfonn the Construction those of the Contractor under the Construction Contract, and the
Contract, but such an agreement shall not waive the Owner's responsibilities of the Owner to the Surety shall not be greater than
right,if any,subsequently to declare a Conhactor Default; those of the Owner under the Construction Contract. Subject to the
commitment by the Owner to pay the Balance of the Contract Price,
3.2 The Owner declares a Contractor Default, terminates the Surety is obligated,without duplication for:
the Construction Contract and notifies the Surety;and
7.1 the responsibilities of the Contractor for correction of
3.3 The Owner has agreed to pay the Balance of the defective work and completion of the Construction Contract;
Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the 7.2 additional legal, design professional, and delay costs
Construction Contract. resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5;and
4. Failure on the part of the Owner to comply with the notice
requirement in Paragraph 3.1 shall not constitute a failure to comply 7.3 liquidated damages, or if no liquidated damages are
with a condition precedent to the Surety's obligations, or release the specified in the Construction Contract,actual damages caused by
Surety from its obligations, except to the extent the Surety delayed performance or non-performance of the Contractor.
demonstrates actual prejudice.
8. If the Surety elects to act under Paragraph Si, 5.3, or 5.4, the
5. When the Owner has satisfied the conditions of Paragraph 3, the Surety's liability is limited to the amount of this Bond.
Surety shall promptly and at the Surety's expense take one of the
following actions: 9. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
5.1 Arrange for the Contractor, with the consent of the Contract,and the Balance of the Contract Price shall not be reduced or
Owner,to perform and complete the Construction Contract; set off on account of any such unrelated obligations. No right of
action shall accrue on this Bond to any person or entity other than the
5.2 Undertake to perform and complete the Construction Owner or its heirs,executors,administrators,successors,and assigns.
Contract itself,through its agents or independent contractors;
10. The Surety hereby waives notice of any change, including
5.3 Obtain bids or negotiated proposals from qualified changes of time, to the Construction Contract or to related
contractors acceptable to the Owner for a contract for subcontracts,purchase orders,and other obligations.
performance and completion of the Construction Contract,
arrange for a contract to be prepared for execution by the Owner I I. Any proceeding, legal or equitable, under this Bond may be
and a contractor selected with the Owners concurrence, to he instituted in any court of competent jurisdiction in the location in
secured with performance and payment bonds executed by a which the work or part of the work is located and shall be instituted
qualified surety equivalent to the bonds issued on the within two years aRer a declaration of Contractor Default or within
Construction Contract, and pay to the Owner the amount of two years after the Contractor ceased working or within two years
damages as described in Paragraph 7 in excess of the Balance of after the Surety refuses or tails to perform its obligations under this
the Contract Price incurred by the Owner as a result of the Bond, whichever occurs first. If the provisions of this paragraph are
Contractor Default;or void or prohibited by law, the minimum periods of limitations
available to sureties as a defense in the jurisdiction of the suit shall be
5.4 Waive its right to perform and complete, arrange for applicable.
completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
EJCOC C-610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
(00610)-Page 2
12. Notice to the Surety,the Owner,or the Contractor shall be mailed Contract Documents and changes made to the agreement and the
or delivered to the address shown on the page on which their signature Cataract Documents.
appears.
14.3 Contractor Default:Failure of the Contractor,which has
13. When this Bond has been furnished to comply with a statutory or not been remedied or waived,to perform or otherwise to comply
other legal requirement in the location where the construction was to with a material term ofthe Construction Contract.
be performed, ally provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and [4.4 Owner Default: Failure of the Owner, which has not
provisions conforming to such statutory or other legal requirement been remedied or waived,to pay the Contractor as required under
shall be deemed incorporated herein. When so furnished,the intent is the Construction Contract or to perform and complete or comply
that this Bond shall be construed as a statutory bond and not as a with the other material terms of the Construction Contract.
common law bond.
14.5 Contract Documents: All the documents that comprise
14. Definitions the agreement between the Owner and Contractor.
14.1 Balance of the Contract Price:'the total amount payable 15. If this Bond is issued for an agreement between a contractor and
by the Owner to the Contractor under the Construction Contract subcontractor, the term Contractor in this Bond shall be deemed to be
after all proper adjustments have been made including allowance Subcontractor and the teen Owner shall be deemed to be Contractor.
for the Contractor for any amounts received or to be received by
the Owner in settlement of insurance or other claims for damages 16. Modifications to this Bond are as follows:
to which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor under the
Construction Contract.
14.2 Construction Contract: The agreement between the
Owner and Contractor identified on the cover page, including all
EJCOC C-6I0—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
(00610)-Page 3 _
THIS PAGE INTENTIONALLY LEFT BLANK
EJCDC C-610—Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
(00610)-Page 4
EJCDC
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE PAYMENT BOND
CONTRACTOR(name and address): SURETY (name and address of principal place of business):
CHARLEY TOPPINO&SONS,INC. The Hanover Insurance Company
P.O.BOX 787 440 Lincoln Street
Worcester,
WEST,FL 33041 MA 01653
MONROE COUNTY BOARD OF COMMISIONERS
OWNER(name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement: July 15th,2015
Amount: $294,602.75
Description(blame and location): DRAINAGE RECONSTRUCTION KEY WEST INTERNATIONAL AIRPORT
KEY WEST,FL
BOND
Bond Number: 1018699
Date(not earlier than the Effective Date of the Agreement of the Construction Contract): July 29th,2015
Amount: r�I
Modifications to this Bond Form: None I` I See Paragraph 18
Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause
this Payment Bond to be duly executed by an authorized officer,agent,or representative.
CONTRACTOR AS PRINCIPAL SURETY
CHARLEY TOPPINO&SONS,INC. (seal) The Hanover I urance Company (seal)
Contractor's Name and Corporate Seal Surety's N and Corp ate Seal
/ y
Dy: ,�c1-ic,1- if, �J/- "„) By:
Signature Si nature(attach power of attorney)
�c%sn ' I�W N O William L. Parker
Pr are I`1 _1 Print Name
reS i ci e v) T Attorney in Fact B Florida Resident Agent
'Tide r•
��r.✓✓ �� Title 1
Attest: - Attest:
ASS
1 Sign tore
./\Scam`SI.-..InT t ram/ secretary
Title NN �� ` Title
Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference
to Contractor,Surety, Owner,or other party shall be considered plural where applicable.
EJCDC C-615,Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
(00615)-Page l
7. When a Claimant has satisfied the conditions of Paragraph
I. The Contractor and Surely, jointly and severally, bind 5.1 or 5.2, whichever is applicable, the Surety shall
themselves, their heirs, executors, administrators, promptly and at the Surety's expense take the following
successors, and assigns to the Owner to pay for labor, actions:
materials, and equipment furnished for use in the
performance of the Construction Contract, which is 7.1 Send an answer to the Claimant, with a copy to the
incorporated herein by reference, subject to the following Owner, within sixty (60) days after receipt of the
terms. Claim, stating the amounts that are undisputed and
the basis for challenging any amounts that arc
2. If the Contractor promptly makes payment of all sums due disputed;and
to Claimants,and defends,indemnifies,and holds harmless
the Owner from claims, demands, liens, or suits by any 7.2 Pay or arrange for payment of any undisputed
person or entity seeking payment for labor, materials, or amounts.
equipment furnished for use in the performance of the
Construction Contract, then the Surety and the Contractor 7.3 The Surety's failure to discharge its obligations
shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or
3. If there is no Owner Default under the Construction Contractor may have or acquire as to a Claim,
Contract, the Surety's obligation to the Owner under this except as to undisputed amounts for which the
Bond shall arise after the Owner has promptly notified the Surety and Claimant have reached agreement. If,
Contractor and the Surety (at the address described in however, the Surety fails to discharge its
Paragraph 13)of claims,demands,liens,or suits against the obligations under Paragraph 7.1 or 7.2, the Surety
Owner or the Owner's property by any person or entity shall indemnify the Claimant for the reasonable
seeking payment for labor, materials, or equipment attomey's fees the Claimant incurs thereafter to
furnished for use in the performance of the Construction recover any sums found to be due and owing to the
Contract, and tendered defense of such claims, demands, Claimant.
liens,or suits to the Contractor and the Surety.
8. The Surety's total obligation shall not exceed the amount of
4. When the Owner has satisfied the conditions in Paragiaph this Bond, plus the amount of reasonable attorney's fees
3, the Surety shall promptly and at the Surety's expense provided under Paragraph 7.3,and the amount of this Bond
defend, indemnify,and hold harmless the Owner against a shall he credited for any payments made in good faith by
duly tendered claim,demand,lien,or suit. the Surety.
5. The Surety's obligations to a Claimant under this Bond 9. Amounts owed by the Owner to the Contractor under the
shall arise alter the following: Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any,
5.1 Claimants who do not have a direct contract with under any construction performance bond. By the
the Contractor, Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
5.1.1 have furnished a written notice of non- performance of the Construction Contract are dedicated to
payment to the Contractor, stating with satisfy obligations of the Contractor and Surety under this
substantial accuracy the amount claimed Bond, subject to the Owner's priority to use the funds for
and the name of the patty to whom the the completion of the work.
materials were, or equipment was,
furnished or supplied or for whom the 10. The Surety shall not be liable to the Owner, Claimants, or
labor was done or performed,within ninety others for obligations of the Contractor that are unrelated to
(90)days after having last performed labor the Construction Contract. The Owner shall not be liable
or last furnished materials or equipment for the payment of any costs or expenses of any Claimant
included in the Claim;and under this Bond, and shall have under this Bond no
obligation to make payments to or give notice on behalf of
5.1.2 have sent a Claim to the Surety (at the Claimants, or otherwise have any obligations to Claimants
address described in Paragraph 13). under this Bond.
5.2 Claimants who are employed by or have a direct II. The Surety hereby waives notice of any change, including
contract with the Contractor have sent a Claim to changes of time,to the Construction Contract or to related
the Surety (at the address described in Paragraph subcontracts,purchase orders,and other obligations.
13).
12. No suit or action shall be commenced by a Claimant under
6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in
given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the
satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of
non-payment under Paragraph 5.1.1. one year from the date (I) on which the Claimant sent a
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or
(2) on which the last labor or service was performed by
E.ICDC C-615,Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
(00615)-Page 2
•
anyone or the last materials or equipment were furnished "labor, materials, or equipment" that part of the
by anyone under the Construction Contract, whichever of water, gas, power, light, heat, oil, gasoline,
(I) or(2) first occurs. If the provisions of this paragraph telephone service, or rental equipment used in the
are void or prohibited by law, the minimum period of Construction Contract, architectural and
limitation available to sureties as a defense in the engineering services required for performance of
jurisdiction of the suit shall be applicable. the work of the Contractor and the Contractor's
subcontractors, and all other items for which a
13. Notice and Claims to the Surety, the Owner, or the mechanic's lien may be asserted in the jurisdiction
Contractor shall he mailed or delivered to the address where the labor, materials, or equipment were
shown on the page on which their signature appears. furnished.
Actual receipt of notice or Claims, however accomplished,
shall be sufficient compliance as of(he date received. 16.3 Construction Contract: The agreement between
the Owner and Contractor identified on the cover
14. When this Bond has been furnished to comply with a page, including all Contract Documents and all
statutory or other legal requirement in the location where changes made to the agreement and the Contract
the construction was to be performed,any provision in this Documents.
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions 16.4 Owner Default: Failure of the Owner, which has
conforming to such statutory or other legal requirement not been remedied or waived,to pay the Contractor
shall be deemed incorporated herein. When so furnished, as required under the Construction Contract or to
the intent is that this Bond shall be construed as a statutory perform and complete or comply with the other
bond and not as a common law bond. material terms of the Construction Contract.
15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that
potential beneficiary of this Bond, the Contractor and comprise the agreement between the Owner and
Owner shall promptly furnish a copy of this Bond or shall Contractor.
permit a copy to be made.
17. If this Bond is issued for an agreement between a
16. Definitions contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term
16.1 Claim: A written statement by the Claimant Owner shall be deemed to be Contractor.
including at a minimum:
l8.Modifications to this Bond am as follows:
I. The name of the Claimant;
2. The name of the person for whom the labor
was done,or materials or equipment furnished;
3. A copy of the agreement or purchase order
pursuant to which labor, materials, or
equipment was furnished for use in the rms s-.i is ma coamply with section 255.05
performance of the Construction Contract; moron 5nmecs.;1`C any action instituted by a
tlaimam uncer mis bontl for paYmem must be In
4. A brief description the labor, materials, or acciNence Section nice end tlmeumaetion
equipment furnished; provisioner in Sedlan 255.05(2).Fbdde Slemteer
5. The date on which the Claimant last performed
labor or last furnished materials or equipment
for use in the performance of the Construction
Contract;
6. The total amount earned by the Claimant for
labor, materials, or equipment furnished as of
the date of the Claim;
7. The total amount of previous payments
received by the Claimant;and
8. The total amount due and unpaid to the
Claimant for labor, materials, or equipment
furnished as of the date of the Claim.
16.2 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor
of the Contractor to furnish labor, materials, or
equipment for use in the performance of the
Construction Contract. The term Claimant also
includes any individual or entity that has rightfully
asserted a claim under an applicable mechanic's
lien or similar statute against the real property upon
which the Project is located.The intent of this Bond
shall be to include without limitation in the terms of
EJCDC C-615,Payment Bond
Published December 2010 by the Engineers Joint Contact Documents Committee.
(00615)-Page)
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being
corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation
organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
Ileana M.Bauza,William F.Kleis,Davor I.Mimica and/or William L.Parker
of Insource Inc.of Miami,FL and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,knowledge and deliver for,and on its behalf,and as
its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,
recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows:
Any such obligations in the United States,not to exceed Twenty Million and No/100(520,000,000)in any single instance
WHEREAS,the Board of Directors of the Company duly adopted a resolution on October 7, 1981 authorizing and empowering certain officers of the
Company to appoint attorneys-in-fact of the Company to execute on the Companys behalf certain surety obligations and other writings and obligations
related thereto(the"Original Surety Resolution");
WHEREAS,the Company's Board of Directors wishes to affirm the continued authority of all of the attorneys-in-fad that were issued pursuant to the
Original Surety Resolution prior to the date hereof and that remain issued and outstanding;and
WHEREAS,the Company's Board of Directors wishes to restate the Original Resolution and adopt certain related resolutions.
NOW THEREFORE,be it hereby:
RESOLVED: That the authority of all attorneys-in-fact of Company validly issued pursuant to the Original Surety Resolution prior to the date hereof and that
remain issued and outstanding as of the date hereof are hereby ratified,confirmed and approved in all respects.
RESOLVED: That the President or any Vice President,in conjunction with any Vice President,be and they hereby are authorized and empowered to appoint
Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,any and all bonds,recognizances,contracts
of indemnity,waivers of station and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so
executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the
Company in their own proper persons.
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,
this 23rd day of April 2015.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
(� V 1PaMp CIMEN(S///a/y�q11fi�I/CCEE�fC,rOMPANY OF AMERICA
01
...fs.. Robert Thomas.Vice�c PrrEidenl
THE COMMONWEALTH OF MASSACHUSETTS ) f Vjee Presidem
COUNTY OF WORCESTER )ss.
On this 23rd day of April 2015 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance
Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the
seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens
Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said
instrument by the authority and direction of said Corporations.
KATHLEEN IA. SMED
Notary Pub& /
/CammyswPlth d Mumdmena ntti 10 tc it
1A in.T) My Commeien NAN,
1pymbn b f0M kM SioN "a tlMlrtc mpimiherw 2021)
I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further
certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
RESOLVED. That all such surety Attorneys-in-facts issued by the Company from and including the date hereof shall be authorized pursuant to theforegoing
resolution(the'Surety Resolution").
RESOLVED. That the President or any Vice President of the Company,in conjunction with any Vice President be and hereby are authorized and empowered
to establish,and from time to time review and amend,written security measures,protocols and safeguards for all Attorneys-in-fact issued by the Company pursuant
to the Surety Resolution,including without limitation,security features on the actual certificates issued by the Company and evidencing such Attorneys-in-fact.
GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 29th day of July 2015.
THE HANOVER MSURAHCE COMPANY
M SA HUGE BAY II S W CE COMPANY
CR EN 1 SU aE I OF AMERICA
I Ia,Vice P enm